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Agenda 06/28/2016 Item #16D 1 6/28/2016 16.D.1. P""1 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign seven satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. OBJECTIVE: To support the affordability of housing in Collier County by assisting first time home buyers with down payment assistance and owner occupied single family residential rehabilitation programs. CONSIDERATIONS: Collier County offers assistance to individuals to make repairs to owner occupied housing units through state and federal grants,such as the federal HOME Investment Partnership Program (HOME) and American Dream Down payment Assistance Program (ADDI). In conformance with the requirements of HOME, contained in 24 CFR 92.254, homeowners receiving grant funds not exceeding $15,000 must meet affordability requirements for five years and homeowners receiving grant funds from $15,000 to $40,000 must meet affordability requirements for ten years. In conformance with the requirements of ADDI, contained in 24 CFR 92.612c and 92.254(a)(4), homeowners receiving grant funds must meet affordability requirements for five years. If property is occupied as the principal residence during the initial five year or ten year period, the assistance provided is forgiven. The following table details seven clients who have fulfilled the obligations of the HOME and ADDI assistance provided and are entitled to a satisfaction of mortgage. Date Loan Recording OR Book Amount Name(s) Grant Address Date &PG Assistance being Forgiven Satisfied Annie M 804 Breezewood Dove HOME 10/12/2005 3909/2993 10/12/2015 $15,000.00 Dr. Lucy M Hall HOME 415 Gaunt St 10/04/2005 3904/0142 10/04/2015 $15,375.00 Leon F Pasiuk& HOME 251 Old Train 10/06/2005 3906/2261 10/06/2015 $16,816.00 Michelle Lane Collins Dennis Oarcila R HOME 2575 54th St SW 10/27/2010 4618/1299 10/27/2015 $11,685.75 Olivas Ricardo Ozuna& HOME 1022 Ringo Lane 12/01/2010 4628/2273 12/01/2015 14,999.00 Delia Ozuna Alfiree Jackson HOME 802 Palm Ridge 04/04/2006 4010/0114 04/04/2016 $18,485.00 Michelle S ADDI 5216 Maple Lane 03/04/2009 4432/2293 03/04/2014 $10,000.00 Jay TOTAL $102,360.75 Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County,Florida. Packet Page-999- 6/28/2016 16.D.1. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval.—JAB STAFF RECOMMENDATION:That the Board of County Commissioners approves and authorizes the Chairman to sign seven satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance Prepared By: Wendy Klopf,Operations Coordinator,Community&Human Services Division Attachments: 1. Satisfaction of HOME Mortgages 06.28.16 2. Home Mortgages 06.28.16 .� Packet Page-1000- 6/28/2016 16.D.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve and authorize the Chairman to sign seven satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. Meeting Date: 6/28/2016 Prepared By Name: KlopfWendy Title: Operations Coordinator,Community&Human Services 5/18/2016 1:59:05 PM Submitted by Title: Operations Coordinator, Community&Human Services Name: KlopfWendy 5/18/2016 1:59:07 PM Approved By Name: LopezMaggie Title: Supervisor-Accounting,Community&Human Services Date: 5/19/2016 6:48:20 PM Name: SonntagKristi Title:Manager-Federal/State Grants Operation,Community&Human Services Date: 5/25/2016 2:17:56 PM Name: GrantKimberley Title:Division Director-Cmnty&Human Svc, Community&Human Services Date: 5/31/2016 2:28:19 PM Name: TownsendAmanda Title:Division Director-Operations Support,Public Services Department Date: 6/6/2016 11:30:32 AM Packet Page-1001- 6/28/2016 16.D.1 . Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 6/6/2016 3:31:31 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 6/6/2016 3:32:19 PM Name: RobinsonErica Title:Accountant, Senior,Grants Management Office Date: 6/7/2016 8:27:08 AM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 6/8/2016 3:25:10 PM Name: CarneliSteve Title:Department Head-Public Services,Public Services Department Date: 6/13/2016 1:02:59 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 6/13/2016 4:00:52 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2016 10:14:12 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/16/2016 12:09:22 PM Packet Page-1002- 6/28/2016 16.D.1 . Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY,whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Annie M Dove to COLLIER COUNTY, recorded on 10/12/2005 In Official Records Book 3909 ,Page 2993 , of the Public Records of Collier County, Florida,securing a principal sum of$15,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on ,2016,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner Approval for form and legality: Jennifer A.Belpedio Assistant County Attorney �1t� Packet Page -1000 3- 6/28/2016 16.D.1 . Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Lucy M Han to COLLIER COUNTY, recorded on 10/04/2005 In Official Records Book 3904 ,Page 0142 , of the Public Records of Collier County, Florida,securing a principal sum of$15,375.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on ,2016,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner Approval for form and legality: Jennifer A.Belpedio Assistant County Attorney Packet Page-1004- 6/28/2016 16.D.1 . Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Leon F Pasiuk&Michelle Collins to COLLIER COUNTY, recorded on 10/06/2005 In Official Records Book 3906 ,Page 2261 , of the Public Records of Collier County,Florida,securing a principal sum of$16,816.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2016, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK Chairman Donna Fiala,District I Commissioner Approval for form and legality: Jennifer A.Belpedio 4, Assistant County Attorney ,6\ tom` Packet Page-1005- O 6/28/2016 16.D.1 . Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Dennis Olivas and Tarcila R Olivas to COLLIER COUNTY, recorded on 10/27/2010 In Official Records Book 4618 ,Page 1299 , of the Public Records of Collier County,Florida,securing a principal sum of$11,685.75 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on ,2016,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: DEPUTY CLERK Chairman Donna Fiala,District I Commissioner Approval for form and legality: Jennifer A.Belpedio `LP Assistant County Attorney cP Packet Page-1006- (1) 6/28/2016 16.D.1 . ISI Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Ricardo Ozuna&Delia Ozuna to COLLIER COUNTY, recorded on 12/01/2010 In Official Records Book 4628 ,Page 2273 , of the Public Records of Collier County,Florida,securing a principal sum of$14,999.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on ,2016,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: DEPUTY CLERK Chairman Donna Fiala,District 1 Commissioner Approval for form and legality: Jennifer A.Belpedio Assistant County Attorney ! `\\ce Packet Page-1007- 6/28/2016 16.D.1 . Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by AlfireeJackson to COLLIER COUNTY, recorded on 04/04/2006 In Official Records Book 4010 ,Page 0114 , of the Public Records of Collier County,Florida,securing a principal sum of$18,485.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on ,2016,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK Chairman Donna Fiala,District I Commissioner Approval for form and legality: Jennifer A.Belpedio Assistant County Attorney \ OP' Packet Page-1008- CA 6/28/2016 16.D.1 . Prepared by:Wendy Klopf Collier County Community and Human Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS:That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Michelle S.Jay to COLLIER COUNTY, recorded on 03/04/2009 In Official Records Book 4432 ,Page 2293 , of the Public Records of Collier County,Florida,securing a principal sum of$10,000.00 and certain promises and obligations set forth in said Mortgage,upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled,and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on ,2016,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: DEPUTY CLERK Chairman Donna Fiala,District I Commissioner Approval for form and legality: Jennifer A.Belpedio �� Assistant County Attorney tZ, Packet Page-1009- Retn: 3715264 OR: 3909 PG: "QQl F A H RECORDED in the OFFICIAL RECORDS of COLLIEi 6/28/2016 16.D.1 . WINDY KLOPF 10/12/2005 at 10:28AN DWIGHT E. BROCK, CLERK ROC COO 35,50 659-5701 001-.35 52.50 Project Number HM 04-05-0007 MORTGAGE THIS MORTGAGE("Security Instrument")is given on July 29,2005. The Mortgagor is: Annie M Dove a single woman ("Borrower"). This Security Instrument isgiven to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive,Suite 400.Naples,Florida 34104. Borrower owes Lender the sum of Fifteen Thousand Dollars and no/100 t$15,000.00).This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property, refinance,or loss of homestead exemption.This Mortgage will be forgiven at the ten(10)year anniversary date of mortgage.This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as:Lot 60,Unit 2,Palm Ridge Subdivision,as recorded in Public records of Collier County, Florida. Folio#65170600003 and which has the address of: ("Property Address")804 Breezewood Dr Immokalee Fl 34142 (Street) (City) (State) (Zip) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the"Property. BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage, the Property and that the Property is unencumbered,except f of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender-cwenant.and agree as follows: 1. TERMS: The Borrower)of this Mortgage -n Entteita'Deferred Repayment Loan,"the terms of which are intended to ens . • - •-- -- Partnership Act(HOME)funds utilized to facilitate the rehabilitation of this Property are recaptur ,a r,ed to assist anothe wQr ricome home owner with rehabilitation unless the affordability requirements are met. `/ �L,) " , The terms of this Mortgage do t-req at payments be made\ long as the makers comply with the following conditions and provisions: � \ Borrower shall occupy the*'ro as their.:' «. resider . Subletting Of the Property is not allowed even on a temporary basis. Failure to abide dy th r . .. - c sult\in foreclosure. The Borrower shall be required to submit proof of principal Accu n.,to u? o', . Nal islbegifning on the anniversary of the first-year occupancy and annually until the enHE of t- -ye- - o tro .d.S roo'shal include:proof of homestead exemption, copies of paid receipts for taxes an y�C4 ... 1• .4,,,... .f- s t,-nce rratestfor wner-occupied Property listing Collier County as Mortgage Holder. If the BQrf uer fails to provide sufficient proofof o cu%.ccy in a timely manner,the Lender may contract with an independent title co to perform the necessar 'tje r cert'ft'ati n,the cost of which will be added to the principal amount of this Mortgage. /: In the event the Borrower cea pal occupancy,trans er, I r(�h •y manner dispose of all or a portion of the Property which is subject to the Mortgage pho.tq 'filling the agreement a e d of the amortization,then the principal amount of this Mortgage shall become immediately dLef able. , \// The Borrower shall not refinance thelndeb �p ss s $ t ',.Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensuretha tfeFe w a�i�1661 t equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arra g ent in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to Day or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Packet Page -1010- 6/28/2016 16.D.1 . 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval,which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lenders security is not lessened. lithe 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 i Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances existwhich 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 re-Iris -••-tt at'n Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair i r.instrument or Lenders security interest. Borrower may cure such a default and reinstate,as p� -para—graph 18,x` s the action or proceeding to be dismissed with a ruling that,in Lenders good faith deternjn��edudes forfeiture of th- F•7•< is interest in the Property or other material impairment of the lien created by thiszS Instrument or Lenders s .tyin rest. Borrower shall also be in default if Borrower,during the loan application process, ave ma e y I e orfioaccurat inforrl\iation or statements to Lender(orfailed to provide Lender with any material infor�matioh)in`tor,rtnee)ion with the I ar`t eviden by the Mortgage,including,but not limited to, representations concerning Borrower's .... ••.• of ro.-.• residence. If this Security Instrument is on tip L. leasehold,Borrower shall comply with all o -,can q1t a B. r Ives fee title to the Property,the leasehold and �- n{ i. " the fee title shall not merge unless Fend- agrees�.t e erre m � 7. Protection of Lende is.[t•h I e r••: ,Borro r ails t rforn the covenants and agreements contained in this Security Instrume ,o • - a I•.. . •ceedinti that . - of reaneam iy affect Lender's rights in the Property (such as a proceeding in bankruptcy, te,for condemnation orfo$ 'ture orto e f laws or regulations),then Lender may do and pay for whatever is necessary tokit= the value of the Prope Lend e ' is in the Property. Lender's actions may include paying any sums secured by a i--,17 'ch has priority over this u' ns ent,appearing in court,paying reasonable attorneys'fees and entering on the Pro,- s' o-,ake repairs. Although Le rota take action under this paragraph 7,Lender does not have to do so. Any amounts di•. • Lender under this,p 7 shall become additional debt of Borrower secured by this Security Instrument. . ` 8. Mortgage Insurance. If Lender requ } g-9gAfyce as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums mredio•meirffain the mortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation,The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Packet Page -1011- 6/28/2016 16.D.1 . 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property 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. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,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 acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued ny-time,prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)bef I rsuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcin is .- conditions are that Borrower:(a)pays Lender all sums which then would be due under this 1 s nt and th- •" conditions no acceleration had occurred;(b)cures and default of any other covenants or agrees r(s,c pays all expenses incurr-•iR etrforcing this Security Instrument,induding,but riot limited to,reasonable attorney's fees;and,(d)takes such action as Lender •ay reasonably require to assure that the lien of this Security Instrument,Lender's rights inthe Pyapeertrtyy and Borrowees-ottig tion to.: th sums secured by this Security Instrument shall continue unchanged. Upon reiristatemenfSy:. . , is Secu'ty Instru ent nd the obligations secured hereby shall remain fully effective as if no acceleration)i.. -': r to all not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Chan of •..'Se r. h: Igo a rti i�ntearest;n the Note(together with this Security �\ Instrument)may be sold one or more' = , ...'.:o i•ti ti s i .wer. le paw ult in a change in the entity(known as the"Loan Servicer")that collects • �t .a ents du- rider 1 e`.te an is S' ' Instrument. There also may be one or more changes of the Loan Servicer. ed to a sale of the Note.�I re s a h'a9 of the Loan Servicer,Borrower will be given written notice of the change in a a• +. ce with paragraph 14 a li bl> a notice will state the name and address of the new Loan Servicer and the addre s .' • ich payments should rtuaa*e//fh tice will also contain any other information required by applicable law. `✓ 20. Hazardous Substances.B.• -I not cause or.- it,tOtiresence,use,disposal,storage,or release of any Hazardous Substances on or in the Property.`T rro - '- .. f�llgwenyone else to do,anything affecting the Property that is in violation of any Environmental Law.The•r .t.,i, twr- y shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances t .tale ye.rerally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice for any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. Packet Page -1012- * 6/28/201616.D.1 . 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) I ' r U I-1 Adjustable Rate Rider IJ Rate Improvement Rider U Condominium Rider r-1 r-1 r1 tJ Graduated Payment Rider U 1-4 Family Rider 1J Second Home Rider n u Balloon Rider r� I—I Biweekly Payment Rider L Planned Unit Development Rider r1 u Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: f Witness Signature: Q4 -6./c ., Signature: J( (�- t-\�_ �-rr / Ob ,/ BorrowAd Annie M Dove Witness Print Name: Signature: --7-- Borrower Witness Signature: c -,-61-•-•.-1f� i 7,-",....--._Witness Print Name: Ro IIA j.o E (tii)rr-S Address: 804 Breezewood Immokalee Ft 34142 STATE OF Florida COUNTY OF Collier . I hereby certify that on this day,bef e; icer u you he state aforesaid and in the county aforesaid to take acknowledgements,personally 1-36,1r f - .)%/>° o m nown to be the person(s)described in and who executed the foregoing instnlm t and`acldabwlegged be7ore'lne that HE/ HE/T*1EY executed the same for the purpose i 11 ..., therein expressed. ( ((.7....,-..\ 1. ..r, 1 Jfi� WITNESS my hand and official seat k‘•Cog a .-id thi My Commission Expires: \ \ �Tt r Notary P` 'liffsSi nature Notary's Printed Name ' , . i!fr c-1-9,,,,,, (SEAL) WENDY k IO.OPF M tiis MY COMMISSION#DD 309746 7'--.„..--4,1 EXPIRES:April 12,2008 ItRt, Bonded Th.Wary pwM1cu den Return to:Collier County FAH Single Family Rehabilitation Loan Program 2800 N.Horseshoe Drive,Suite 400 Naples,FL 34104 Project#HM 04-05-0007 Packet Page -1013- Retn: 3710606 OR: 3904 PG: nuo FINANCIAL ADMIN & HOUSING RECORDED in the OFFICIAL RECORDS of COLLIER 6/28/2016 16.D.1 . INTEROFFICE 10/04/2005 at 03:38PM DWIGHT B. BROCK, CLERK unni 1,"."" ATTN: WENDY KLOPF 659 5701 RIC FIE 35.50 Project Number HM 04-05-0011 DOC-.35 53,90 MORTGAGE THIS MORTGAGE("Security Instrument")is given on August 16,2005. The Mortgagor is: LUCV M HALL, A SINGLE WOMAN ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive,Suite 400.Naples,Florida 34104. Borrower owes Lender the sum of FIFTEEN THOUSAND THREE HUNDRED SEVENTY FIVE DOLLARS AND NO/100($15,375.002.This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the ten (10)year anniversary date of mortgage.This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as:LOT 29,BLOCK 4,MAINLINE SUBDIVISIO,AS RECORDED INPLAT BOOK1,PAGE 98,PUBLIC RECORDS FO COLLIER COUNTY,FIOLIO#56403800000 and which has the address of:415 GAUNT ST IMMOKALEE FL 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereaftera part of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the"Property'. BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage, the Property and that the Property is unencumbered,except f of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. TERMS: The Borrower)of this Mortgag r gf a"Deferred Repayment Loan,"the terms of which are intended to ensu to h-1'it Partnership Act(HOME)funds utilized to facilitate the 1 rehabilitation of this Property are rec darrd utilized-to-.a 114"another lower-income home owner with rehabilitation unless the affordabbl ri ements are met. . -{ The terms of this Mcg e o of require-tip;pa nts be made as long as the makers comply with the following nd'ions an r• •ions: `yy Borrower shall occupy the P .e y . eii ph d+a r•,..9i� ,ing df the Property is not allowed even on a �� temporary basis. Failure to abide by ;p,1!'•.11`.•.pan r-,..remits pan esul in foreclosure. The Borrower shall be required to submit proof of prindpa z •.,,, • i- . -y o•.n anp{al b si>; nnmg on the anniversary of the first-year occupancy and annually until the a daf the ten-year amorti ation ` rio�;�proof shall indude:proof of homestead exemption,copies of paid receipts f and insurance,and copi f in -ra •=•:„icates for owner-occupied Property listing Collier County as Mortgage Holder. ttie mower fails to provides cie t. .. ..occupancy. occupancy in a timely manner,the Lender may contract with an independent title oq, a\h to perform the necessa r fication,the cost of which will be added to the principal amount of this Mortgage. tC In the event the Borrower cease.' .. > .an r. �1,I, in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior •fu liprpt t ' e end of the amortization,then the principal amount of this Mortgage shall become immediately due an ble 4_- The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinandng in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at anytime be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or '— defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Packet Page -1014- on. •4na P(;! 0143 6/28/2016 16.D.1 . 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval,which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy, damage or impair the Property,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 Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien crea-,.. his Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided-int:'. ra•M .4, -using the action or proceeding to be dismissed with a ruling that,in Lender's good faith determinati • -- •.c-f o' orrowers interest in the Property or other material impairment of the lien created by this S Gln •ment or Len.- • ntyyinterest. Borrower shall also be in default if Borrower,during the loan application p s, a materially false or in... rite information or statements to Lender(or failed to provide Lender with any material info ' connection with the loan evi. cedb,�the Mortgage,including,but not limited to, representations conceming Borro s occ ippncy of the P_,rnpey�s a principal residence. If this Security Instrument is on leasehold,Borrower shall comply with all tyre pre isroranf thse.tff borrowers quires fee title to the Property,the leasehold and the fee title shall not merge unless(ender ..- y to•... r In •• 1 7. Protection of Lender's I hfa n , et�p•- .'•'l'B. r ail to perform the covenants and agreements contained in this Security Instrument,ori.he e is-I-•al p•._-.it• .at,,a ig ficar tly affect Lender's rights in the Property (such as a proceeding in bankruptc . ...t fo a.o o.r orfeitu oroerpfine laws or regulations),then Lender may do and pay for whatever is necessary t gip -val - e" ••* an er'i.cjghs in the Property. Lender's actions may include paying any sums secured ba) which has priority over th. Secu ty Instrt`l nt,appearing in court,paying reasonable attorneys'fees and entering on the i to make repairs. Alth a er r, ke action under this paragraph 7,Lender does not have to do so. Any amoun Ob rsed by Lender under t a r. shall become additional debt of Borrower secured by this Security Instrument. 8. Mortgage Insurance. If Leena J-• red mortgage insu condition of making the loan secured by this Security Instrument,Borrower shall pay the iurrs,'egaired-to-mar. _' ortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lender.(,p'a cea =' . >' effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortga einsura .-. - iously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and forte period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Packet Page -1015- OF 6/28/2016 16.D.1 , 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first Bass mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property 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.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. ff Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Inst .• • - d the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c •-.,r= -xpen incurred in enforcing this Security Instrument' •i lin•,• N..a"r•=� r-. •nable attorneys fees;and(d)takes such action as Lender may reasonably require to assure of this Securi 4 • aunt,Lender's rights in the Property and Borrower's obligation to pay the sums secured by th- -tty Instrument shall conti nchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations'secxfr�d hereby shall remain fully eff effective�5 if no acceleration had occurred. However, this right to reinstate shall not apply ifi the of acceleration undq aragrai 17.\ 19. Sale of Note;Change of Loan r. •Note oa partial interest in the Note(together with this Security Instrument)may be sold one or more tim t p' `• . . _-• � ma result in a change in the entity(known as the"Loan Servicer")that collects month, •- d e n r' of fir.' I,tf Secun�y Instrument.There also maybe one or more changes of the Loan Serviciir un :at •to sa e o tth o th pang of the Loan Servicer,Borrower will be �� given written notice of the change i ahG� ,a g dp 1•wand ap licible 4aw,•l�he notice will state the name and address of the new Loan Servicer and the a it t••• ich p is •.•be In? d .1'f 'notilce will also contain any other information required by applicable law. it .,/ 20.Hazardous Substan s' 'erower shall not cause " it e ce,use,disposal,storage,or release of any Hazardous Substances on or in the Pro Borrower shall not do, II ba else to do,anything affecting the Property that is in violation of any Environmental preceding two senten - •a14r p apply to the presence,use,or storage on the Property of small quantities of Hazardous tS that are gene- - rued to be appropriate to normal residential uses and to maintenance of the Property. ! i ' 1) Borrower shall promptly give Lender written co arilipi s' 'on, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving-t perty and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. i ! Packet Page -1016- *** (in• 1nnd D( ' r11 ac *** 6/28/2016 16.D.1 . 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) r-t u Adjustable Rate Rider U Rate Improvement Rider U Condominium Rider r-t n n U Graduated Payment Rider U 1-4 Family Rider U Second Home Rider n r—t r-i U Balloon Rider U Biweekly Payment Rider U Planned Unit Development Rider U • other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borro r and recorded ' it. Signed,sealed and deliv:, .i f e prgsen of: //ale Witness Signature: `�i L� Signature:j 411 Witness Print Name: 311 - ' Signature: Witness Signature: "iit a*ST Witness Print Name: 4 VPtyt Address: 415 GAUNT STREET IMMOKALEE,FL 34142 STATE OF Florida COUNTY OF Collier R COL) I hereby certify that on this day, -oreaxte- officer dulyabitl`orized in he state aforesaid and in the county aforesaid to IiS take acknowledgements,personally ap• - '?`'d t ,' ` /Gf/ '� known to be the person(s)described in and � t �F. t who executed the foregoing intro entnt: d J. =•g-• •-pr me th.'{H SIZE/TREY executed the same for the purpose therein expressed. ` ff1 WITNESS my hand and official seal in i. my and State i. a`y•AIQOPI- 0, tie/24.;'; 11 '6QM`MISSION#0 309746 My Commission Expires: + G1 „ xi ,p` f,-),E FIRES:Apnl t 2008 Notaotary Pub'. Si n. -4 lr a ted Nam- (SEAL) Return to:Collier County FAH Single Family Rehabilitation Loan Program 2800 N.Horseshoe Drive,Suite 400 Naples,FL 34104 Project#HM 04-05-0011 Packet Page -1017- 3712684 OR: 3906 PG: 22." morn "°" nn Ret 6/28/2016 16.D.1 . FINANCIAL ADMIN & HOUSING RECORDED in the OFFICIAL RECORDS of COLLIER COO.," .., Rol rna JJ.JV INTEROFFICE 10/06/2005 at 03:5311 DWIGHT I. BROCK, CLERK DOC-.35 59,15 ATTN: WINDY KLOPF 659 5701 Project Number HM 03-04-0012 MORTGAGE THIS MORTGAGE("Security Instrument")is given on S/aS/.Uan . The Mortgagor is: Leon F Pasiuk & Michelle Collins ("Borrower"). This Security Instrument isgiven to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive,Suite 400,Naples,Florida 34104. Borrower owes Lender the sum of Sixteen Thousand Eight Hundred Sixteen Dollars and no/100($16,816.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the ten(10)year anniversary date of mortgage.This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as:Commencing at the East 1/4 corner of Section 13,Township 52 South,Range 29 East,Collier County,Florida Folio#01133920001 and which has the address of ("Property Address"):251 Old Train Lane Copeland Fl 34137 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower I eized of the property described above,and has the right to mortgage, the Property and that the Property is unemc_ism .--e' tS�f record. Borrower warrants and will defend generally the title to the Property against all claims and abd.t& •r�«■. . e: .rances of record. THIS SECURITY INSTRUMENT 6ifttR iform oovena • *one'use and non-uniform covenants with limited variation by jurisdiction to constitute a eCurity instrument covert -property. UNIFORM COVENANTS. B and Lender covenant and agr as fellows: 1. TERMS: The Borrower)of this Morrtgeggge haveubeen-graniaedd--,,a"Defer?red Repayment Loan,"the terns of which are intended to ef(sureTh1F rt Ho�lnves-tment Partne(shipykct(HOME)funds utilized to facilitate the rehabilitation of this Property are recapturgd f : s'- ->.me home owner with rehabilitation unless the affordability requirements are met.' I f \I 1 — The terms of this Mort .. . ents •• ,a•, ps+I ng as the makers comply with the following conditions and provislo�s:� �,i-' Borrower shall occupy the ri as their principal residr ¢e. ub ti�of the Property is not allowed even on a temporary basis. Failure to abide by a pri` pal occupancy require teals 'n ult in foreclosure. The Borrower shall be required to submit proof of principal ossa L Collier County on an ann 4si' inning on the anniversary of the first-year occupancy and annually until the end of the tenaptea�nnortization pe p shall include:proof of homestead exemption, copies of paid receipts for taxes and insuran land P448s ofmAqyarfcgce ' sates for owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower fairsi orM e OffplertTiroof of occupancy in a timely manner,the Lender may contract with an independent title company to perforin11 a rreeessa`ry title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. �� Packet Page -1018- OR: 6/28/ 2016 16.D.1 . 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. tf Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval,which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 3Q•.dayr,eriod will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any applicati•• pr •__..s o pal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 ' 7- 1t -n,.• .a g'payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to a is policies and p (ting from damage to the Property prior to the acquisition shall pass to Lender to the ext sums secured by this S ilstrument immediately prior to the acquisition. 6.Occupancy, Preservatiory{Maie nance and Protection of a Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy,establlifh;and use theP_rnpeftyas Borro s pn apal residence within sixty days after the execution of this Security Instrument and sl'iall d t too• py the P operty \Bowers principal residence for at least the affordability period r after the date of oecupagoy, do L_ e �n writing, which consent shall not be — unreasonably withheld,or unless extenuating t ssefi 1ch Borrowerscontrol.Borrower shall not destroy, damage or impair the Property,allows the rty�o dpterr`�or•t_,\t ` e on the'Property.Borrower shall be in default if any forfeiture action or proceeding,' a rl nttn�a(,i r that in erS faith judgment could result in forfeiture of the Property or otherwise materially�iAt� a ien ..• `-"Sea tr irnen or Lender's security interest. Borrower may cure such a default and reinstat `provided in paragraph 18,.y caus g eiec"fion or proceeding to be dismissed with a ruling that,in Lender's good faith det t 'on,precludes forfeituree Bo interest in the Property or other material impairment of the lien created by this ty Instrument or Lende ecurietest. Borrower shall also be in default if Borrower,during the loan application p s,.we materially false or'naafi-t rmation or statements to Lender(orfailed to provide Lender with any material informatiion with the los .by the Mortgage,including,but not limited to, representations concerning Borrower's occupaa•fyqf i-_ -ropertyl{{-a'p i ..pal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the prov1si 'fj Ie€s f Bo•_ r acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to er-in-whting. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien,which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender.In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change Packet Page -1019- OR: 6/28/2016 16.D.1 . the amount of such payments. 11. Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or prelude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Bonoweror Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property 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.If all or any part of the Property or arty interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. ff Lender exercised this option,Lender shall give ' Rti -"tion.The notice shall provide a period of not less than 30 days from the date the notice is deliver d'`�tr�ia . 't1' j -r must pay all sums secured by this Security Instrument. If Borrower fails to pay thesesr the expiration o •,,Lender may invoke any remedies permitted by e this Security Instrument without further notrp demand on Borrower. • 3 18. Borrower's Right to Reinstafe._ILBorrower meets certain c ditions,Borrower shall have the right to have enforcement of this Security Instrument disco tin at‘any-time-prior to the earlie�of:(a)5 days(or such other period as applicable law may specify for reinstatement)before ()Ph-Prope pursuant'()any power of sale contained in this Security Instrument;or(b)entry of a judgmentenf n • (a)pays ditions are that Borrower: a Lender all �� sums which then would be due under th' Secu In rine t:n.Jhe to if no acceleration had occurred;(b)cures and default of any other covenants or ago' ts`(c)pitys II xpe rr�l in enf rdn this Security Instrument,including,but not limited to,reasonable attorney's tcr; dtd}� �i,,dh„a"•n'' Lencjter yr ably require to assure that the lien of this Security Instrument,Lender's rights'1't roperty and Borrowe s.•ligation!)pa t 'slums secured by this Security Instrument shall continue unchanged. Upon rel ent by Borrower,this S city I tru $n,�p,pttnd the obligations secured hereby shall remain fully effective as if no aa�leraM occurred. However, ' tt .4e shall not apply in the case of acceleration under paragraph 17. i'',;.,`• � 19. Sale of Note;Change o ba rvicer. The Note or a•-'nal Brest in the Note(together with this Security Instrument)may be sold one or more times 'f notice to Bo • •rA .e may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments c' • an tris Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a , f re' • re is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with parag p and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other information required by applicable law. 20.Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice for any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any govemmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breath of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. _ 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. Packet Page -1020- *** OR: 6/28/2016 16.D.1 . 24.Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) r u Adjustable Rate Rider 1-7� 1--1u Rate Improvement Rider u Condominium Rider u Graduated Payment Rider 1 1-4 Family Rider u Second Home Rider r-i r—I I-1u Balloon Rider u Biweekly Payment RiderDevelopment u Planned Unit Rider r-i u Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. ��� Signed,sealed and deliver-•in the presence of: � �/""`"" " Witness Signature: -_ / I. 41*/!I/♦ Signature � /G/ /� Borrower L F Pala /` , ill +� xt Witness Print Name: Ws1���/�� Signature: ( . Borro Michelle Collins Witness Signatur-. 1011,_........e.„7-_,...-'—' .-;..i_ / r Witness Print Name: L,c�i 0. _c.., �nc�l• '-, Address: STATE OF Florida COUNTY OF Collier I hereby certify that on this day,,ete,an officer duly author state aforesaid and in the county aforesaid to // 7 �ci,'%lie• /zs\ take acknowledgements,personally adpearrd'Ls- ,i Sit... to e known to be the person(s)described in and who executed the foregoing instrum-nt a d. •wl s - ••-tt?at�F/ THEY executed the same for the purpose therein expressed. 0 '�`,\ ��Ii 1 WITNESS my hand and official seal'l?'a County and State afores- •this ��_ � a_ / / t,, My Commission Expires: SNI_., P I Fs.:r l r Notary Publics 7/—.. ,i. �� a /_'/ \\ �./_ Vii Notary's Printed Name '..--- (SEAL) (SEAL) "'== Return to:Collier County FAH r ,r,-. - s - • Single Family Rehabilitation Loan Program WENDY A.KLOPF 2800 N.Horseshoe Drive,Suite 400 „r. MY COMMISSION 4 DD 309746 Naples,FL 34104 ..;. i EXPIRES:Aptil 12.2008 'tiii' Bmaed rhN Notary PLINK Urac-•*ders Project#HM 03-04-0012 Packet Page -1021- INSTR 4489896 OR 4618 PG 1299 RECORDED 10/27/2010 2:59 PM PAGES 7 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 6/28/2016 16.D.1 . DOC@.35 $40.95 REC $61.00 OBLD $11,685.75 OBLI $0.00 Project Number HM09-10-001 MORTGAGE/ THIS MORTGAGE("Security Instrument")is given on OC�b�rr //0)0/6 The Mortgagor is: Dennis Olivae and Tarcila R. Olives, 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 E.Tamiami Trail,Naples,Florida 34112.Borrower owes Lender the sum of Eleven Thousand Six Hundred Eighty-Five Dollars and 75/100($11,685.75).This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the five(5th)year anniversary date of mortgage.This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements i under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: Lot 14, Block 181, Golden Gate, Unit 6, Part 1, according to the plat thereof recorded in Plat Book 9, Pages 1 through 7, inclusive, of the Public Records of Collier County, Florida. Address: 2575 54th Street S.W Na 34116 (Street) //r est (Zip) TOGETHER WITH all the impr6 a fs now or hereafter ere-�d(-6\e,tthe property, and all easements,rights, appurtenances,rents,royalties,mineral, rl an as ri hts and profits,water righ and 8 ock and all fixtures now or hereafter a part of the property.The Security Instrumen ha J I cover al Y eplacernQcrt and ad 'tions.All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANT S that Bomar/et" it: �crty,described above,and has the right to mortgage,the Property and that the Pfo e',,rrtl//is one mbe ci;e f o co oirroowwee warrants and will defend generally the /'-- title to the Property against all claims and tlem(inds,(sut�jec to_t+° y b'n 's of record. THIS SECURITY INSTRU EN, m norm Wv n is for lienal)4ea dnon-uniform covenants with limited variation by jurisdiction to constitute alum ec0ri ,t ring ope, .i UNIFORM COVENANTS. orroviier and Lender covenant a agre as foHs: 1. TERMS: The Borrower)of the *gage have been grantee=arefpre,dScep4yment Loan;the terms of which are intended to tie that any Home Invest en "artnershiprAct(HOME)funds utilized to facilitate the rehabilitation of this Property are recaptur end lized to assist another low=ren ' home owner with rehabilitation unless the affordability requirements are met. °P \-) 4)1``r The terms of this Mortgage do not re toe t hir n be made as long as the makers comply with the following conditions and provisions: Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the Five-year amortization period. Such proof shall include:proof of homestead exemption,copies of paid receipts for taxes and insurance,and copies of insurance certificates for owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against orwith respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep _ and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Packet Page -1022- OR 4618 PG 1300 6/28/2016 16.D.1 . Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a Tien,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 issuance of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lendermayilse.the-praceedstorepairorrestorethePropertyortopaysumssecured by this Security Instrument,whether or not then due.-Tfie .p ayy e Ihpegin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any appli on'�f} seeds-to y Stull not extend or postpone the due date of the monthly payments referred to in paragraph nge the amount of e. ayments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to an }prance policies and proceed swotting from damage to the Property prior to the acquisition shall pass to Lender to the exxff ant o ie sums secured by this Security I nstrument immediately prior to the acquisition. 6.Occupancy,Preservation, Mamtearise and-Protec„tfop of th Property; Borrower's Loan Application, Leaseholds.Borrower shall occupy,establish,an us �operty as Borrower's rincipal residence within sixty days after the execution of this Security Instrument ands u ur 1h rro rs principal residence for at least the affordability period r after the date ff o q pin enl s&L de th' s rees i writing,which consent shall not be unreasonably withheld,or unless ext nuati,g circum tarice,exlstwtitch are ,yo d Bbrrower's control.Borrower shall not destroy damage or impair the Property,allow rqp} r e rjo ' }or ebmmitestg on'theFroperty.Borrower shall be in default if any forfeiture action or proceeding,w kcry rcnmm isbeguntbatin eider's,gOgd�faithjudgment could result inforfeiture of the Property or otherwise materially ) the lien created by this S urity Ipstrurnerrt,pr Lender's security interest. Borrower may cure such a default and reinstate, the in paragraph 18, sing t ibn or proceeding to be dismissed with a ruling that,in Lender's good faith detern\i,n �plrecludes forfeiture o h or'o r'rminterest in the Property or other material impairment of the lien created by this Sccct�nty., strument or Lender's se ,ity rest. Borrower shall also be in default if Borrower,during the loan application process galieater ally false or in t�rtbi o motion or statements to Lender(or failed to provide Lender with any material information)in oinne it withthei"Qa�gq2�idepoedbytheMortgage,including,butnotlimitedto, representations concerning Borrower's occupan thOl>irope-rt As.Orincrpal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the provision of eieaee:-tff'Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien,which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. . 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,ata cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender.In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security lnstrumentwhether or not the sums are then dse. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification Packet Page -1023- OR 4618 PG 1301 6/28/2016 16.D.1 . of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13.Loan Charges.If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lenderwhen given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property 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 BeneCicjal�l�elist n rover`IfalloranypartofthePropertyoranyinterestinit is sold or transferred(or if a beneficial interesbifl- okoWer-is sotd ersfan rred and Borrower is not a natural person)without Lenders prior written consent,Lender meekAirt eokli6i require immediiate,Eaym tin full of all sums secured by this Security Instrument. However,Lender shall notercis his option if federal law as\Otih date of this Security Instrument prohibits exercise. If Lender exercised this option(LenderishalLgi Borrower notice of adceleration.The notice shall provide a period of not less than 30 days from the date the'notice isjdelivered ormailed-Within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pa these sum+prriorto the expiiation of tflis period,Lender may invoke any remedies permitted by this Security Instrument witho iLforthen nptitor d 18. Borrower's Right to Reinstate'. IX�ormwer meet 6ertai cov diens,Borrower shall have the right to have �•\ enforcement of this Security Instrument djsctinued t airy tirrje to e adi r of:'(a)5 days(or such other period as applicable law may specify for reinstatement)b§fe 4sal fRhe P'o pur uar1to flyp}ower of sale contained in this Security Instrument;or(b)entry of a judgment egfercing this Securiryinstru�m8yt.Those con itiia(li are that Borrower:(a)pays Lender all sums which then would be due undert)yia,Security Instrument and th ote as if p celeration had occurred;(b)cures and default of any other covenants or agrees S;(c)pays all expenses incurred in enforcing this Security lnstrum ''i tnluding,but not limited to,reasopgbftYaftorney's fees;and(d)takes such action as Lender may reasonably require to assure at t en of this Security Instru ;rrt,�der's rights in the Property and Borrowers obligation to pay the sums secured by this S d ment shall con' ski(' ringed. Upon reinstatement by Borrower,this Security Instrument and the obligations secure tlereb lVy'e fe 6e as if no acceleration had occurred. However, this right to reinstate shall not apply in the case oilcce`E _on kir V to raph 17. 19. Sale of Note;Change of Loan Servicer..'Ttte-Note"or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other information required by applicable law. 20.Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law,The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice for any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams,or is notified by any govemmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security /e—.N Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attomeys'fees awarded by an appellate court. 24.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. Packet Page-1024- OR 4618 PG 1302 6/28/2016 16.D.1 . (Check Applicable Box) 1--1 ❑ Adjustable Rate Rider LJ Rate Improvement Rider E Condominium Rider u ❑ Second Home Rider Graduated Payment Rider 1-4 Family Rider I—I Balloon Rider I–I Biweekly Payment Rider LJ Planned Unit Development Rider Lr7- Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: Nte Witness Signature: Signature:/x4 oy�_ �•�ivas Witness Print Name: Signature: 'T GfLt.V//1"-- Witness Borrower Tarcila R. Olivas Signature: 4) -•f Witness Print Name: r I'f SCI H.. 1JOric.. Address: 2575 54th Street SW Naples,FL 34116 STATE OF FLORIDA COUNTY OF COLLIER (, -, I hereby certify that on this Is day I.42L/.= j 010 before me,an officer duly authorized in the i state aforesaid and in the county afor(essai , e acknowledgements, tuna/\appeared Dennis Olivas and Tarcila R. Olivas to me kno4m to/lbe tide ersan(s)descq o executed the foregoing instrument and 1 1 „„ acknowledged before me that HE/SHE/THEu ,s,a r p •o erein expressed. WITNESS my hand and official seal i RR s• y,},,,a to ores-•this . I F-41 _ My Commission Expires: A .4,_� f Notary'b Signature , , A NN (SEAL) Notary s Printed Nagle„�f” -1, C`A-w��' SEAL -- PRISCILLA DORIA ..0k.., CAmm;'1070691636 {*,/�Y��v..+t~ Expires 5/20/2013 �%."''V°;"'�- Rondo Notary Assn.,Inc G u., Return to: Collier County Housing,Human&Veteran Services 3301 E.Tamiami Trail,Bldg H#211 Naples,FL 34112 Phone: (239)252-4663 Project# HM09-10-001 Packet Page -1025- OR 4618 PG 1303 6/28/2016 16.D.1 . PROMISSORY NOTE HOME INVESTMENT PARTNERSHIPS ACT (HOME) I_ l SINGLE FAMILY REHABILITATION PROGRAM /f Date:Dl. ,� ✓ ! , 2O/0 Borrower: Dennis Olivas and Tarcila R. Olivas 2575 54th Street SW Naples FL 34116 (Property Address) (City) (State) (Zip) 1. BORROWER (5) PROMISE TO PAY: I/We promise to pay Eleven Thousand Six Hundred Eighty- Five Dollars and 75/100 ($11,655.75) (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 3301 E. Tamiami Trail, Naples, Florida 34112. I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. TERMS: The maker(s) of this Promissory Note have been granted a "Deferred Repayment Loan," the terms of which are intended to ensure that any Home Investment Partnership Act (HOME) funds utilized to facilitate the rehabilitation of this Property are recaptured and utilized to assist another lower-income home owner unless the 5-year affordability requirements are met C The terms of this Note do -• r�eh.- s be made as long as the makers COU comply with the following c••d~ ons and provisi.• Maker(s) shall occupy th P •p-. _ - •rinci•al esidence. Subletting of the Property is not allowed -ve on a -is. ai ure to abide by the principal occupancy requirements an e aker(s) shall be required to submitproof of p. pa x ^y �� princi 1 ..: T4r. f y on an annual basis beginning on the anniversary of th- -t` •• cy lly until the end of the amortization period. S •i _ .,./s em • '- -:^ ..., • omestead exemption, copies of paid receipts for taxes insurance, and ••ies of •.- rance certificates for owner- occupied Property listin. .•lier County as ,,. tg g_ der. If the Maker(s) fail to provide sufficient proof upancy in a ti`' a q, the County may contract with an independent title comp. (fo .erform the nece-- itle re-certification, the cost of which will be added to the 0' .'•al amount . i'- Promissory Note. In the event the Maker(s) cease •'a P L • ►�•ancy, transfer, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this Note prior to fulfilling the agreement and the end of the amortization, then the principal amount of this Note shall become immediately due and payable. The Maker(s) shall not refinance the indebtedness secured by this Promissory Note. The County prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Note Holder consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Maker(s) shall immediately contact the County to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this note prior to fulfilling this agreement and the end of the amortization period. The County shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. In the event of a sale, the proceeds of such shall be applied as follows: a. If the sales price is sufficient, the proceeds will be applied as follows: 1) first to pay off the balance of the First Mortgage, any closing costs, and advances by the Mortgagee; and 2) the balance of the Mortgage representing the full subsidy as referenced by this Note. If there are no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. b. If the Maker(s) comply with the principal occupancy requirements and do not transfer, assign, refinance, sell, or in any manner dispose of all or a portion of the �-. Property which is subject to the Mortgage securing this Note, then the entire sum due and payable according to the terms of the Note will be considered paid in full at the end of the amortization period which is five (5) years. 1 Packet Page -1026- OR 4618 PG 1304 6/28/2016 16.D.1 . I I 3. PAYMENTS: Principal payments shall be deferred on the first loan or until transfer of title, sale of property, refinance, or loss of homestead exemption, or until Ten years from the original mortgage date, whichever happens first. The recapture clause is as follows: 20% a year is forgiven from the date of the mortgage through the end of the fifth (5th) year. These amounts will not be pro-rated on a per diem basis. I/We agree to immediately pay the entire sum due under this Note. My/Our total payment shall be U.S. $ 11,685.75. 4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/we make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment 5. LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then (i) any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower ♦ . and agree that this Security Instrument is subject and subordinate i• aA D- •*•- • the liens, terms, covenants and conditions of the First Deed , '.= and to . 1 .. ances heretofore made or which may 1 hereafter be made pursuant C, r,.- First Deed o s. including all sums advanced for the purpose of (a) protec .ng .r further securing . e 'en of the First Deed of Trust, curing defaults by the B. ro under '4- Deed\of Trust or for any other purpose expressly permitted by th- First De== of st r b) constructing, renovating, repairing, furnishing, ixt -'..-410 -4-' 7:0 er y. The terms and provisions of the First Deed of T st - p- a o t ing, and they supersede any other terms and provisions he eo c.n ir t wi n the event of a foreclosure or deed in lieu of foreclo-E- • . - DL d uuany provisions herein or any provisions in any other ITl.teral agreement,,estr'ct' he use of the Property to low or moderate income house'.' •= or otherwise r=:: ri t he Borrower's ability to sell the Property shall have n.tf ther force or e.t -ubsequent owners or purchasers of the Property. Any pe.- including his s --'-•rs or assigns (other than the Borrower or a related entit •- Borrower), = ing title to the Property through a foreclosure or deed in lieu First Deed of Trust shall receive title to the Property free and c .. &A" -strictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. 7. BORROWER(S) FAILURE TO PAY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. 8. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address -------- if I/we have been given a notice of that different address. 2 Packet Page -1027- *** OR 4618 PG 1305 *** 6/28/2016 16.D.1 . 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person, who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this , ,ty,* ent. However, this option shall not be exercised by Lender if exer % . o fa¢' federal law as of the date of this Security Instrument. ®& 1 y� If Lender exercises this .pt •n, Lender shall gi B.rrower notice of acceleration. The notice shall provide - p-r.iv_ than hi y (30) days from the date the notice is delivered or mail-., with .rower us pay all sums secured by this Security Instrument. I Bo . 4( I 1 _-' s prior to the expiration of r� this period, Lender ma i. , e t ed by this Security Instrument without further notice d� d : l— Notwithstanding the abo E; the Lender's ri.) is .o Cat ect and apply the insurance proceeds hereunder shall tE -,ubject and sub• _., n-te .. the rights of the Senior Lien Holder to collect and appl • h proceeds in a..-..d-.# ith the First Deed of Trust. 12. This note is governed and Pat ed in ace. • :�- with the Laws of the State of Florida. ( 7/j �I,C. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) Borrower D-/ CJ .f�'Oli -s �{cy l� A C.uI4 oz u -- (Seal) Borrower Tarcila R. Olivae • RETURN TO: Collier County Housing, Human S. Veteran Services Residential Rehabilitation Program 3301 E. Tamiami Trail Bldg H #211 Naples, FL 34112 Phone: (239) 252-4663 Fax: (239)252-6518 File # HM09-10-001 3 Packet Page-1028- INSTR 4501042 OR 4628 PG 2273 RECORDED 12/1/2010 3:13 PM PAGES 7 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 6/28/2016 16.D.1 . DOC@.35 $52.50 REC $61.00 OBLD $14,999.00 oBLT $0.00 Project NumberHM09-10-002 MORTGAGE THIS MORTGAGE(Security Instrument")is given on October 18, 2010. The Mortgagor is: Ricardo Ozuna and Delia Ozuna ("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 3339 E. Tamiami Trail, Naples, Florida 34112. Borrower owes Lender the sum of Fourteen Thousand Nine Hundred Ninety-Nine Dollars and 00/100 ($14,999.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the fifth(5th)year anniversary date of mortgage. This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as:Section 32, Township 46, Range 29, t7NRECD LT 4, and DESC AS: COMM W1/4 CNA OF SEC 32, E2485FT, and S520.70FT TO POE S65FT, E138.19FT, and N 65FT. Folio # 00079960003 Address: 1022 Ringo Lane Immokalee Florida 34143 (Street) (City) (State) (Zip) TOGETHER WITH all the improvemen s-i a rected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and s h fft 7gh(s and stock and all fixtures now or hereafter a part of the property.The Security Instrument shall'e4S4 all replacements.aNiacleifions.All of the foregoing is referred to in this Security Instrument as the"Property". /C,,' d-` BORROWER COVENANTS that Bbrtower is lawfully seized of the rope described above,and has the right to mortgage,the Property and that the Prgpertyjs ur encumbeiedrexcepttfef record. orrowerwarrants and will defend generally the title to the Property against all claims and demands,sobject toany encumbrances f record. THIS SECURITY INSTRUMENTToora c fpcfaii of use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform rsec �t`y i_st rrlerit `en g re°eI„fo(�erty. UNIFORM COVENANTS. Borro(ver£and Sen er fover{ar an a§'Kee as fdllow: 1. TERMS: The Borrower)ofthis,Mrtt a v bee q 'da"Defected Repayment Loan,”the terms of which are intended to„ �suretttat an a rive ent rafi pt(HOME)funds utilized to facilitate the rehabilitation of this Property are recaptUr�d,and utilized toassist anot)( lowe-income, me owner with rehabilitation unless the affordability requirements are met. ��,� -1, //0 The terms of this Mortg ffg^b-- not require that pa �t be made as long as the makers comply with the following conditiolt n „ ovisions♦ -\b, ” t:F r+sidellce Borrower shall occupy the Property as thefr,pgn pal re Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the Five-year amortization period. Such proof shall include:proof of homestead exemption,copies of paid receipts for taxes and insurance,and copies of insurance certificates for owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. If there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall payor cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. Packet Page -1029- OR 4628 PG 2274 6/28/2016 16.D.1 . 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or mom of the actions set forth above within 10 days of the issuance of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice fro. :-der-that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lende - Os- repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then. -."(b dw'gin when the notice is mailed.Unless Lender and Borrower otherwise agree in writing,any a••ie• .o proceeds to pn not extend or postpone the due date of the monthly payments referred to in paragraph tor ange the amount of the ayrne ts. If under paragraph 21 the Property is acquired by Lender,Borrower's right to y in rance olicies and proceeds rse ultin from damage to the Property prior to the acquisition shall pass to Lender to the tent• ums se ured-by.tb s- ecurity strur ent immediately prior to the acquisition. 6.Occupancy, Preservation, aintenan an. •rotection of the roperty; Borrower's Loan Application, Leaseholds.Borrower shall occupy,'estabfi u = •o:. =-:. rinci{alresidence within sixty days after the execution of this Security Instrument nd all n e o•cc•p ,)Pr•p + mower's principal residence for at least the �\ affordability period r after the date of o ncy, unfes Leh•e 'r ee -gre s In;writing,which consent shall not be unreasonably withheld,or unless ext .c e is •; are y d r's control.Borrower shall not destroy damage or impair the Property,allo t ro. to de rat-,• .'.mmit o hj roperty. Borrower shall be in default if any forfeiture action or proceeding,wh� ivil or criminal,is begun 4. in Le rder's faith judgment could result in forfeiture of the Property or otherwise materially t e lien created by this ��`"ty Insty(si or Lender's security interest. Borrower may cure such a default and reinstate,a p,'•ed in paragraph 18,by si tf a on or proceeding to be dismissed with a ruling that,in Lender's good faith determi fon •ecludes forfeiture of the o1we s interest in the Property or other material impairment of the lien created by this Secb', ant or Lenders e i • terest. Borrower shall also be in default if Borrower,during the loan application process, 'e maten. els ev rtac u a information or statements to Lender(or failed to provide Lender with any material information)in co ectl• vitt thril 1 idenced by the Mortgage,including,but not limited to, representations conceming Borrower's occupancy of the s 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 Lenders Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien,which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. . 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,ata cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation.The proceeds of any award or claim for damages,director consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender.In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair marketvalue of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. Packet Page -1030- OR 4628 PG 2275 6/28/2016 16.D.1 . 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by mason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges.If the loan secured by this Security Instrument is subject to a lawwhich sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property 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-confor red copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Benef a ifte stnoi�'o erg If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial intere tn��r erissold-or�ti�nd Borrower is not a natural person)without Lender's prior written consent,Lender may at(js tion,require immediate ytn nt in full of all sums secured by this Security Instrument However,Lender shall not exercis this option if federal law a�th date of this Security Instrument prohibits exercise. If Lender exercised this option'Lendershallgive Borrower notice of aocele�)ion. The notice shall provide a period of not less than 30 days from the date th¢notice isjdlelivered'6rmaffe in whicfti Borrgwer must pay all sums secured by this Security Instrument. If Borrower fails o pa these sums eor'to.the expi tion of this period,Lender may invoke any remedies �, permitted by this Security Instrument witho 4 n10 re �, 18. Borrower's Right to eintet�I too ou r et i c itidns,Borrower shall have the right to have enforcement of this Security Intro ent dccintiny(gd t any e r to a artier of (a)5 days(or such other period as applicable law may specify for reinst me�¢¢t).p>6fofd sal_f3b4 PIo u a to ahgpower of sale contained in this Security Instrument;or(b)entry of a judgment gn``f�o'r''e ng this Security Instrumee.Thos'!conaiti2r are that Borrower.(a)pays Lender all sums which then would be due under tars, ecurity Instrument and th' ote as if'q zcceleration had occurred;(b)cures and default of any other covenants or agreeritetj �(c)pays all expenses ,1..t /�("" incurred in enforcing this Security Instrum ecincjuding,but not limited to,rea�orf 51�pttorney's fees;and(d)takes such action as Lender may reasonablyrequire to assure att� Ii n of this SecurityInst ee�tt $hder's rights in the Property and Borrower's obligation to pay the sums secured by this �nstr ent shat oti 4rnthfinged. Upon reinstatement by Borrower,this Security Instrument and the obligations secure dt re¢'p -remai f le'ffeoWe as if no acceleration had occurred.However, this right to reinstate shall not apply in the case of a'oceleta ionua rag-Mph 17. 19. Sale of Note;Change of Loan Servicer. e o e or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other information required by applicable law. 20.Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice for any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances;gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. Packet Page -1031- OR 4628 PG 2276 6/28/2016 16.D.1 . (Check Applicable Box) u r-i r' Adjustable Rate Rider u Rate Improvement Rider U Condominium Rider ❑ Graduated Payment Rider ❑ 1-4 Family Rider 0 Second Home Rider ❑ Balloon Rider ❑ Biweekly Payment Rider ❑ Planned Unit Development Rider r1 U Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower a recorded with it. Signed,sealed and delivered presence of: lf Witness Signature: .--e Signature:X '�.--, / ` L.;--e �(�) //�� :orrow- Ric rdo ••uun, Witness Print Name: T r1 c i Ilo- A)f)�- Signature:) ,��a." L�/' _i , 3'j'1 er Delia Oz .- Witness Signature: Witness Print Name: Address: 1022 Ringo Lane Immokalee, Florida 34143 STATE OF FLORIDA COUNTY OF COLLIER 7,. -_-cERc -, I hereby certify that on this 18 h day ofiOcY;gper, 201-0 b'fore me,-n offi,rduly authorized in the state aforesaid -/ 1---' and in the county aforesaid to take ac(nowledg 1'1 ,pe n ly,:.itipi ar- R a do Ozuna and Delia Ozuna to me known to be the person(s)described rt�an? h e ( t 'gtfing insVm ntrii.aknowledged before me that HE/SHE/ fi lexecuted the same for the pu erein expressed. My Commission Expires: ' a ode - ,:,,A. 4,-,::: `- ,"'Gt.,, 12,- Du lic's Signature J(�� r/S 6 8a- L r; . Notary's Printed Name (SEAL) PRISCILLA DORIA ;.i ac.,,, Comm#D00891636 ,S zh0V.: Expires 5/20/2013 '1,p141 Florida Notary Assn.,Inc Return to: Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trial,Suite 211 Naples,FL 34112 Attn:Priscilla Doria Phone: (239)252-5312 Fax: (239)252-6518 Project# HM 09-10-002 Packet Page -1032- OR 4628 PG 2277 6/28/2016 16.D.1 . Project# HM09-10-002 PROMISSORY NOTE HOME INVESTMENT PARTNERSHIPS ACT (HOME) SINGLE FAMILY REHABILITATION PROGRAM Date: October 18, 2010 Borrower: Ricardo Ozuna and Delia Ozuna 1022 Ringo Lane Immokalee FL 34142 (Property Address) (City) (State) (Zip) 1. BORROWER (S) PROMISE TO PAY: I/We promise to pay Fourteen Thousand Nine Hundred Ninety- Nine Dollars and 00/100 ($14,999.00) (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 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. TERMS: The maker(s) of this Promissory Note have been granted a "Deferred Repayment Loan," the terms of which are intended tony Home Investment Partnership Act (HOME) funds utilized to facilitate -4'f this Property are recaptured and utilized to assist another aidkr ome • ; unless the 5-year affordability requirements are met. U The terms of this Note do pot ire •a,4 -nts b- ma a as long as the makers comply with the following conditions an•`•"••is •.s: Maker(s) shall occupy tile :r.=- y _= to: . , sidence. Subletting of the Property is not allowedfev=.r .n t o ( il4re to abide by the principal occupancy requirements c n r-suit i o ec+-s#- 'M er(s) shall be required to submit proof of principal occ •o 1 C!• a ual basis beginning on the anniversary of the firsts;r .ccup-- y an. '7; y •.- the end of the amortization period. Such proof shall .lude: proof of h.4- =-d ption, copies of paid receipts for taxes and insurance, "pies of insur- .tes for owner-occupied Property listing Collier County as .,. -age Holder. I-y -r(s) fail to provide sufficient proof of occupancy in a tim er, the County - .ontract with an independent title company to perform the necessa‘ re-cert' the cost of which will be added to the principal amount of this Pr.-'s In the event the Maker(s) cease principal occupancy, transfer, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this Note prior to fulfilling the agreement and the end of the amortization, then the principal amount of this Note shall become immediately due and payable. The Maker(s) shall not refinance the indebtedness secured by this Promissory Note. The County prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Note Holder consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Maker(s) shall immediately contact the County to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this note prior to fulfilling this agreement and the end of the amortization period. The County shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. In the event of a sale, the proceeds of such shall be applied as follows: a. If the sales price is sufficient, the proceeds will be applied as follows: 1) first to pay off the balance of the First Mortgage, any closing costs, and advances by the Mortgagee; and 2) the balance of the Mortgage representing the full subsidy as referenced by this Note. If there are no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. b. If the Maker(s) comply with the principal occupancy requirements and do not transfer, assign, refinance, sell, or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this Note, then the entire sum due and payable according to the terms of the Note will be considered paid in full at the end of the amortization period which is five (5) years. 1 Packet Page -1033- OR 4628 PG 2278 6/28/2016 16.D.1 . 3. PAYMENTS: Principal payments shall be deferred on the first loan or until transfer of �� title, sale of property, refinance, or loss of homestead exemption, or until Ten years from the original mortgage date, whichever happens first. The recapture clause is as follows: 20% a year is forgiven from the date of the mortgage through the end of the fifth (5th) year. These amounts will not be pro-rated on a per diem basis. I/We agree to immediately pay the entire sum due under this Note. My/Our total payment shall be U.S. $ 14,999.00. 4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment 5. LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then (i) any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust - . y other purpose expressly permitted by the First Deed of Trust or (b) const ' 4• repairing, furnishing, fixturing or equipping the Property. The to . .. i he First Deed of Trust are p Y• - �° paramount and controlling, and they s _= -.- any other - d provisions hereof in conflict therewith. In the event of ,« closure or` ed i ie. of foreclosure of the First Deed of Trust, any provisions er ny provisions in -ny other collateral agreement restrictingthe use of t e P op to moder-te 'ncome households or otherwise restricting the Borrowers abilit tAs- the Proper y hall have no further force or effect on subsequent owners!.r - liy rt'. Any person, including his ..,---... successors or assigns ( th r A'-t rr. elated entity of the Borrower), receiving title to the P.o�R.e, y t •u• - ,or; - or dee. in lieu of foreclosure of the First Deed of Trust s :11 -.•"v- - -' •.- y free and clear from such restrictions. ri Further, if the Senior Li- • der acquires ti.".- - Property pursuant to a deed in lieu of foreclosure, the 1i-. o. this Security In-,rum- t shall automatically terminate upon the Senior Lien Holder'- -c.; '=ition of ti .vided that (i) the Lender has been given written notice of a defa .'.r- .=-d of Trust and (ii) the Lender shall not have cured the default under - j st0(�'•' rust within the 30-day period provided in such notice sent to the Lender. "' 7. BORROWER(S) FAILURE TO PAY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. 8. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person, who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us ------.. together. This means that any one of us may be required to pay all of the amounts owed under this Note. 2 Packet Page-1034- *** OR 4628 PG 2279 *** 6/28/2016 16.D.1 . .-.. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all sums secured by this Security Instrument. If Borrower(s) fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and const =.\-3 ren'i with the Laws of the State of Florida. WITNESS THE HAND(S) AND SEAL HE UNDERSIGGJJ P %4' //U.?..- _. l (Se 1) Bor� Rica••1•j un,6 / L." .1 : Alk ' 7IP 1111111(11!" (-eal) Bor Delia fa li E"" 't'C\,,,, .......i...- .....) RETURN TO: Collier County Housinj' r.an & Veteran Se 3339 E. Tamiami Trail, AP,- 1 Naples, FL 34112 a'_d- cl'i`�Q Attn: Priscilla Doria Phone: (239) 252-5312 Fax: ' 252-6518 3 Packet Page -1035- Ietn: 3812966 OR: 4010 PG: 0114 F A H RICORDID in the OFFICIAL RECORDS of COLLIII 6/28/2016 16 D.1 WIIIDF ILOPF 04/04/2006 at 0I:02AX DWIGHT I. 8ROCE, CLL ueLl 10483.1N IIC FII 35.50 Project Number HM 04-05-0012 DOC-.35 64.75 MORTGAGE ..."\ THIS MORTGAGE("Security Instrument")is given on February.2006. The Mortgagor is: Alfiree Jackson,a single woman ("Borrower").This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive.Suite 400,Naples.Florida 34104 Borrower owes Lender the sum of Eighteen Thousand Four Hundred Eighty Five Dollars and no/100 (18.485.00).This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the ten(10)year anniversary date of mortgage.This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: Lot 17,Palm Ridge Subdivision,Unit 1,according to the plat thereof recorded in Plat Book 9,Page 8 of the Public Records of Collier County. Folio#65120680002 and which has the address of ("Property Address")802 Palm Ridge Immokalee Fl 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by the Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property'. BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage,the Property and that the Property is unencum.•ed,-except f of record.Borrower warrants and will defend generally the title to the Property against all claims and demand n.';- .atj fnbrances of record. THIS SECURITY INSTRUMENT corbl.e§ty 7.,'.,, =:ve `tional use and non-uniform covenants with limited 2 ,9 variation by jurisdiction to constitute a uniform :,'•instrument cove *r 1 rgperty. UNIFORM COVENANTS. Bo -r• .Lender covenant and ag follows: 1. TERMS: The Borrower)of this/Mortr-.e have been granted a"Deferred Repayment Loan;the terms of which are intended t6 ens re L.t any Hbme'lrvest[p�nt Partnee((sship��q,ct(HOME)funds utilized to facilitate the rehabilitation of this Property are recap(uredand u R r anoth_eryower-inohne home owner with rehabilitation unless the affordability requirements are met. `T— t The terms of sp Mov si a d. t re r t .,LL t¢m a Flo g as the makers comply with the followingconditions and rovisio n # (� 1 Borrower shall occupy the r•,- k as their principal resid-``... S bletyr/ v ,g4� the Property is not allowed even on a temporary basis. Failure to abide by ' ,cipal occupancy requir.i Oats r*r��suul in foreclosure. The Borrower shall be required to submit proof of principal•.. •`.�ft .Collier County on an a'n b�-I•t'sbeginning on the anniversary of the first-year occupancy and annually until the end of th• ri- °•-r amortization period.Su -:� II include:proof of homestead exemption, copies of paid receipts for taxes and insure •-t • ,. res of insuran.,- r.- for owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower f to tovvrrr rbAk occupancy in a timely manner,the Lender may contract with an independent title company to.- !arcertifrcation,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there are no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and govemmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the --"'\ Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower,(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of Packet Page -1036- i 6/28/2016 16.D.1 . the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy, unless L__ender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circu..ta- -- •xi i• : -beyondBorrowerscontrol.Borrower shall not destroy damage or impair the Property,allows the Pro �p.ttt�d Itt tF' -', • to on the Property.Borrower shall be in defaultif any forfeiture action or proceeding,whether pivit .. • al,is begun `litee<s good faith judgment could result in forfeiture of the Property or otherwise materially impsa en created by this Secun I... ent or Lender's security interest. Borrower may cure such a default and reinstate,ag pr8V•ed in paragraph 18,by causi .the action or proceeding to be dismissed with a ruling that,in Lender's good faith deterrnina i n,preclu esfodeituree gf-the Bo . -r's\(nterest in the Property or other material impairment of the lien created by this S my t firnent Lenders security I tere�,t. Borrower shall also be in default if Borrower,during the loan application`prose`s m, f seer-iq. -. - :'- •rnaaion or statements to Lender(orfailed to provide Lender with any material infohnati' i r ctl ,wr' n d .y the Mortgage,including,but not limited to, representations concerning Borrower's ancy f the ro rtyt�•`'p«.al r- ide ce. If this Security Instrument is on leasehold,Borrower shall comply with all, vi ' of,�lyas . Borr) - -..u eje title to the Property,the leasehold and the fee title shall not merge unless L a ego t(Pte•merg ting."' ..1,, 7. Protection of Lender Utits in the Property. If rove fail to �rform the covenants and agreements contained in this Security Instrument,;, e is a legal proceeding tp as si. y affect Lender's rights in the Property (such as a proceeding in bankruptcy,p..• = or condemnation or fort re�offff laws or regulations),then Lender may do and pay for whatever is necessary to pro• alue of the Property and L d ' hts in the Property. Lender's actions may include paying any sums secured by a lien, IS riority over this S- ties ment,appearing in court,paying reasonable attorneys'fees and entering on the Property t. k .. I_$(i•, ay take action under this paragraph 7,Lender does not have to do so. Any amounts disburs 0ui"Jd -'z .aregraph 7 shall become additional debt of Borrower secured by this Security Instrument. . -._._ 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Properly immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrowerotherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Packet Page -1037- C 6/28/2016 16.D.1 . 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a lawwhich sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale o e Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this.S- ri . ns. -. Tose conditions are that Borrower:(a)pays Lender all sums which then would be due under this S 'n' 'a ., t if no acceleration had occurred;(b)cures and default of any other covenants or agreeme all expenses p incurred in enforcing this Security Instrum- ,r ing,but not limited to,re-�ot ab attorneys fees;and(d)takes such action as Lender may reasonably require to assur tha a lien of this Security Instrument,Leers rights in the Property and Borrower's obligation to pay the sums secured by S nstiu�mectshall continue uncn anged. Upon reinstatement by Borrower,this Security Instrument and the obligatior)s s red ilifr B Shall - air fulltl effective�es if rro acceleration had occurred. However, this right to reinstate shall not apply in the1uase.of,,? .- :-i .n t \ 19. Sale of Note;Change of oarfUttvicet. No .r.�tr I t est in the Note(together with this Security �� Instrument)may be sold one or more tiro wittrout rio no ce o,61••• •r.' s e ay result in a change in the entity(known as the"Loan Servicer")that collects mons e u u e1/ e•.te an i S "'ty/nstrument. There also may be one or more changes of the Loan Servicer u rel t�sa e there a ctlaoge of the Loan Servicer,Borrower will be given written notice of the change in kboo ance with paragraph 14 a ,v ppligbie law.'fie notice will state the name and address of the new Loan Servicer and the address'jo ich payments should•.' r.del T .i ' will also contain any other information required by applicable law. \j•" 20.Hazardous Substances. ., shall not cause or permit r-•res' ce,use,disposal,storage,or release of any Hazardous Substances on or in the Prope ,.•,-r shall not do,no . ,- one ele to do,anything affecting the Property \13(that is in violation of any Environmental Law. 1a•'•r.... -1t-not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substa .. ,41_ res eiig lI)�..•nized 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 govemmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph 20,"Environmental Levi'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 clays from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. Packet Page -1038- _.. *** 6/28/2016 16.D.1 . 24.Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check — Applicable Box) u u u Condominium Rider Adjustable Rate Rider Rate Improvement Rider u Graduated Payment Rider u 1-4 Family Rider I---I Second Home Rider U Balloon Rider I--I Biweekly Payment Rider tJ Planned Unit Development Rider ri I—I Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: Witness Signature: Galla_ �a_ - Signature:�/J/,`]�// PS G r-� Bona c��'� ree Jack n Witness Print Name: 'Re L4.J4 E. (0rre_s Signature: Borrower Witness Signature: (' Witness Print Name: ,C]�'7 Address: 802 Palm Ridge Immokalee Fl 39192 J STATE OF Florida COUNTY OF Collier I hereby certify that on this day,befo *nte„en.• e state aforesaid and in the county aforesaid to take acknowledgements,personally appearrl ti G .LAL••me own to be the person(s)described in and i who executed the foregoing instrument and,ackn ed'before-rnertftat HE/S'E1 T\EY executed the same for the purpose therein expressed. 1 D ( -7 (17,1\n r WITNESS my hand and official seal gfttJ$ o •' -'d this , .. +.a X00 t✓\ lr 4.� My Commission Expires: '`• • .44 Ir��G"•wr ' Notary-�r :$i.natu.- 'tilk (' Notary's Print:.1M,l'''',....__________----":‘\l (SEAL) 714-E CI-9,...0 MIENDY k KLOPF Return to:Collier County FAH err MY COMMISSION t DD 309746 Single Family Rehabilitation Loan Program • EXPIRES:ApA�I 1? 2800 N.Horseshoe Drive,Suite 400 _ s0 ' - •- -- N�a\ples,F.L.,334\104 Project# k V`1 cu-CD,a Packet Page -1039- 4267828 Retn: OR: 4432 PG; 76728/2016 16.D.1 . SAND DOLLAR TITLE GROUP RECORDED in the OFFICIAL RECORDS of COLLIER c...,,,,, III �y 2220 VENETIAN CT tB 03/04/2009 at 01:22PN DWIGHT E. BROCK, CLERK EEC FEE AVVWV 35.50 NAPLES FL 34109 DOC ,35 35,00 INT-,002 20,00 SECOND MORTGAGE — THIS THIRD MORTGAGE("Security Instrument")is given on VLkfrak J ,2009. The Third Mortgagor is: Michelle S.Jay,a single person ("Borrower"). This Security Instrument is given to Collier County ("Lender'),which is organized and existing under the laws of the United States of America,and whose address is 3301 Tamiami Trial E, #211, Naples, Florida 34112 . Borrower owes Lender the sum of Ten Thousand and No/100ths Dollars(U.S.$ 10,000.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Mortgage will be forgiven at the five(5)year anniversary date of mortgage.This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument; and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as MYRTLE COVE ACRES,BLOCK E,LOT 3,Collier County,Florida and which has the address of: ("Property Address"): 5216 Maple Lane, Naples, Florida 34113, Folio #60783400006 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights, appurtenances,rents,royalties,mineral,oil and gas nghts.and-Rrofits,water rights and stock and all fixtures now or hereafter a part of the property. All replacement .and .• i. -S-41-atto be covered by the Security Instrument. All of the foregoing is referred to in this Security In rG grit-L 7. "` _ % > BORROWER COVENANTS that:Ed ' s lawfully seize. . t g `state hereby conveyed and has the right to mortgage,grant and convey the Prope /a at the Property is unenc bereld,except for encumbrances of record. Borrower warrants and will defend gen 99allyet�tl a Pro erty agains all claims and demands,subject to any encumbrances of record. rr ((/ \ THIS SECURITY INSTRUMENT ob nahuse and non-uniform covenants with limited variation by jurisdiction to conatitut a ni gn�e u li ` u nt ,�/ering€eal property. --� UNIFORM COVENANTS. B rro r and lien er Colyer nt-an g, s follows: � ��r► L � 1. Terms: The Borrower)of to ortgage have been granted a"De eag Repayment Loan,"the terms of which are intended to ensure that any Ameriarq)eam Down payment I 4 tiv ( unds utilized to facilitate the purchase of this Property are recaptured and utiliz4t ssist another lowerAfr a pm owner unless the affordability requirements are met. c The terms of this Mortgage do n ; that paymeb{e� ade as long as the makers comply with the following conditions and provisions: 7 -- '- Borrower shall occupy the Property as the r-pkicia Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy uirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the amortization period. Such proof shall include:proof of homestead exemption. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable based on the repayment schedule. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the ADDI monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends,reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. If there are no net proceeds from the foreclosure,repayment is not required and ADDI requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. ,...\ The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other!hsrflPC indiirlinn"sPrvir.P charges",incurred or imposed for the operation, Packet Page -1040- OF 6/28/2016 16.D.1 . maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges due under the Note. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards, including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against (including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall b a elft to-Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies rear s. -lf i�id u1equires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal n ce�sr ri t e event o ower shall give prompt notice to the insurance carrier and Lender. Lender may make proofos if not madeBorrower. Unless Lender and Borrower of erwisagree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restor4tio Qr,�repairis-economically feasib'e and Lender's security is not lessened. If the restoration or repair is not economically feasible'r hen•ers security would be lessened,the insurance proceeds — shall be applied to the sums secured by the • ;- ma. ,1 '; e df,npt then due,with any excess paid to Borrower. If Borrower abandons they Prorty,or•oes of s r i.ain •#d ys a notice from Lender that the insurance carrier has offered to settle a claim,tl eq nder�,ji-y r o t nsura epro beds. Lender may use the proceeds to repair or restore the Property or to pa t,su wire. _ i,- - rity • p t,yvhether or not then due. The 30-day period will begin when the notice is mkrle . Unless Lender and Beir owe}otl ery r a agree in writing,any application of proceeds to principal shall not extend Or.. •••ne the due date of- m nttfly-itryments referred to in paragraph 1 or change the amount of the payments. If ii < aragraph 21 the Proper's-auired by Lender,Borrower's right to any insurance policies and proceeds resulting •- age to the Prope '�4qo� �' the acquisition shall pass to Lender to the extent of the sums secured by this Security: t nmedjtely t) td'the acquisition. 6. Occupancy,Preservation,Maintitelkiir P e tSon,.ofthe Property;Borrower's Loan Application, Leaseholds. Borrower shall occupy,establish,and`use-there as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy damage or impair the Property,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 Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially f Packet Page 1041-e coverage is not available,Borrower shall pay 01 6/28/2016 16.D.1 . to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking, divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exe an ' htor remedy. 12. Successors and Assigns Boun • in S'ev` G' btlity;Co-Signers. The covenants and agreements of this Security Instrument shall t�fr, a d-benefit the )ors\and assigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrowe r ceo'enants and agreeme s?rshall be joint and several. Any Borrower who co-signs this Security Instrument but does notexecute the Note;(a)is co- •gninn this Security Instrument only to mortgage,grant and convey that Borrower'�fnt� in the-Propert9iunder the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by thiscurl Instrurpent;anal(c)'agrees that Lender and any other Borrower may agree to extend,modi ,forbearo .da0 \with regard to the terms of this Security _ Instrument or the Note without that fill r'i con-err. c .1 ''., } 13. Loan Charges. If the I 'ps; urtd,b t ,s e u i ,nstru e t is mot to a law which sets maximum loan charges,and that law is finally interpr �i o the' - es • "her h collected or to be collected in connection with the loan exceed the p 1"'•ed limits,then:(a)any uch I anpF cge shall be reduced by the amount necessary to reduce the charge to the eip ed limit;and(b)an -tis�lre`aldy collected from Borrower which exceeded permitted limits will be refunded to Borro1� Lender may choos1t efund by reducing the principal owed under the Note or by making a direct payrfi n o orrower. If a refun edruc s principal,the reduction will be treated as a partial prepayment without any prepayment der the Note., �1-,/ 14. Notices. Any notice to Borrower p r e6)for inty Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law req 'ertr —another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by /**-- Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written dance with paragraph 14 and applicable law. Packet Page -1042- i w w J.J.J. OR 6/28/2016 16.D.1 . The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. '" 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c) a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrowe,2hardrrecordation costs. 23. Attorneys'Fees. As used in this ecv 1 1r trJmer ,nAthe Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate cou -" l't. SIGNING BELOW,Borrower accepts ark i as fed be terms and coven,ts contained in this Security Instrument and in any rider(s)executed by Borrower andfrecorde int.'""--•—,t"\ \. Lf� \ - - Signed,seal,: •nd deliver-d in the prese ice v � , OH a( Sign uric: gib Signature M���8 :orr = s. Jay Signature. �A� �� .+ ,�/ Witness#2: \''''P )1t, S 9 Coo�"Jer Signature: tar, cls '// -M S . 5216 Maple Lane Naples, Florida 34112 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 acknowledgements,personally appeared Michelle S.Jay to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. C ,!, �,, WITNESS my hand and official seal in the County St to afore id this day of Y ' Arm' ` 2009. My Commission Expires: Notary Public's Signature (Seal) �"0"""k„ CHRIS AVRAMIDIS Notary's Printed Name Commission 4 DD 672324 IA1.1 Commission Expires NitssOf April 30, 2011 File#: HM06-07-002&HM07-08-001 Packet Page -1043-