The URL can be used to link to this page

Agenda 12/13/2016 Item #16D 6 16.D.6 12/13/2016 EXECUTIVE SUMMARY Recommendation to approve three mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$43,550. OBJECTIVE: To support the affordability of housing in Collier County through State Housing Initiatives Partnership (SHIP) down payment and emergency repair and/or rehabilitation assistance programs. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing program, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full. As such, satisfactions of mortgages are required. File# Name Security Mortgage Payoff Public Record Instrument Amount Amount 09-302 Courtney J. Porter SHIP DPCC $3,000.00 $3,000.00 OR4681PG3214 Mortgage 07-073 Michael Wilson SHIP DPCC $20,550.00 $18,050.00* OR4300PG4073 Mortgage 11-009 Emilio A. Munoz& SHIP DPCC $20,000.00 $20,000.00 OR4830PG1250 Delvis Rivero Mayo Mortgage TOTAL $43,550.00 $41,050.00 *On November 8, 2007, OR Book 4300 Page 4073 a mortgage was recorded to Michael Wilson in the amount of$20,550.00 for DPCC and Rehabilitation. The homeowner only received $18,050.00 at closing and did not use the $2,500.00 for rehabilitation. Therefore, the homeowner is only required to repay $18,050.00. The County received a check for $20,550.00. Collier County will issue a refund to Tropical Title Insurance Agency, Inc. in the amount of$2,500.00 for Michael Wilson. 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. FISCAL IMPACT: The repaid amount of$41,050.00 satisfies the mortgage amount due to the recapture provision as noted above and emergency rehabilitation funds expended. These repayments are considered program income and have been deposited in SHP? Grant Fund 791, Project 33467, and may be reused for eligible SHIP activities. The $10 recording fee will be paid by each of the borrowers. A refund in the amount of$2,500.00 is due to Tropical Title Insurance Agency, Inc. for Michael Wilson. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign three mortgage satisfactions for owner-occupied affordable housing units for which Packet Pg. 1204 16.0.6 12/13/2016 repayment in full has been provided to Collier County. Prepared By: Elizabeth Hernandez, SHIP Grant Support Specialist, Community & Human Services Division ATTACHMENT(S) 1. Satisfaction of Mortgage(3) (PDF) 2. Mortgages (3) (PDF) 3. SAP Backup SHIP Satisfaction (PDF) Packet Pg. 1205 16D.6 12/13/2016 .-� COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Item Summary: Recommendation to approve three mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$43,550. Meeting Date: 12/13/2016 Prepared by: Title:—Community&Human Services Name: Elizabeth Hernandez 11/08/2016 4:23 PM Submitted by: Title: Division Director-Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 11/08/2016 4:23 PM Approved By: Review: Community&Human Services Kristi Sonntag Additional Reviewer Completed 11/09/2016 9:02 AM Community&Human Services Leslie Davis Additional Reviewer Completed 11/10/2016 10:15 AM Public Services Department Halley Margarita Alonso Level 1 Division Reviewer Completed 11/14/2016 9:18 AM Public Services Department Amanda O.Townsend Additional Reviewer Completed 11/14/2016 4:54 PM Public Services Department Kimberley Grant Additional Reviewer Completed 11/14/2016 5:12 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/15/2016 8:06 AM Grants Erica Robinson Level 2 Grants Review Completed 11/15/2016 3:48 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/29/2016 2:51 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/29/2016 4:31 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/30/2016 11:55 AM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 11/30/2016 12:44 PM Grants Therese Stanley Additional Reviewer Completed 12/05/2016 11:22 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/05/2016 11:45 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg.1206 16.D.6.a Prepared by:Elizabeth Hernandez Collier County ! Community and Human Services 3339 ! E.Tamiami Trail Naples,FL 34112 1 THIS SPACE FOR RECORDING E i 0 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 Courtney J. Porter, a single person to COLLIER COUNTY, dated --a)- 01/14/2011 and recorded on 05/13/2011 in Official Records Book 4681 Page 3214 of the Public Records of 5 Collier County, Florida, securing a principal sum of$ 3,000.00 and certain promises and obligations set ` forth in said Mortgage, upon the property described in the aforementioned mortgage. o o COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and o surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of 2 I record. in.175 co This Satisfaction of Mortgage was approved by the Board of County Commissioners on - a. = I ,2016,Agenda Item Number c m in Pi ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA a) lr as i 92 € By: By: `o ,DEPUTY CLERK DONNA FIALA,CHAIRMAN a 0 Approval for form and legality: co { t � e Jennifer A.Belpedro C \' Y' l Assistant County Attorney r w c ii E ll U R w Q q 1 R 1 1g ft 1 1 i Packet Pg. 1207 1 16.D.6.a Prepared by:Elizabeth Hernandez 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 d ` Mortgage executed by Michael Wilson, a single man to COLLIER COUNTY, dated a 11/07/2007 and recorded on 11/08/2007 in Official Records Book 4300 Page 4073 of the Public Records of Collier County, Florida, securing a principal sum of $ 20,550.00 and certain promises and obligations o set forth in said Mortgage, upon the property described in the aforementioned mortgage, o COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and '77) 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 - a z 2016,Agenda Item Number o) M BOARD OF COUNTY COMMISSIONERS ATTEST: DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA a) By: By: C ,DEPUTY CLERK DONNA FIALA,CHAIRMAN o Approval for form and legality: .5 l4 Jennifer A.Belpedio �� Assistant County Attorney Ivo cn t Q' f6 w.+ Q 1 fi Packet Pg. 1208 4 16.D.6.a 1 Prepared by:Elizabeth Hernandez 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 Emilio A. Munoz and Delvis Rivero Mayo, a married couple to COLLIERns i! COUNTY, dated 08/03/2012 and recorded on 08/29/2012 in Official Records Book 4830 Page 1250 of the Public Records of Collier County, Florida, securing a principal sum of $ 20,000.00 and certain 8 promises and obligations set forth in said Mortgage, upon the property described in the aforementioned c mortgage. = o 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 4 record. cri d This Satisfaction of Mortgage was approved by the Board of County Commissioners on - " , 2016,Agenda Item Number °; ATTEST: BOARD OF COUNTY COMMISSIONERS a� DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA a� o By: By: ,DEPUTY CLERK DONNA FIALA,CHAIRMAN o Approval for form and legality: w t Jennifer A.Belpedio R, � Assistant County Attorney t!' Q g Packet Pg. 1209 1 INSTR 4561233 OR 4681 PG 3214 RECORDED 5/13/2011 2:40 PM PAGES 4 16.D.6b DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 OBLD $0.00 OBLI $0.00 r,. 3 r • Pces MORTGAGE Tees - iOoao13S74 - THIS SECOND MORTGAGE('Security Instrument')is given on day of ,2010,'The econ Mortgagor I: Courtney J.Porter,a single person ("Borrower').The Security Instrument Is given to Collier County ('Lender'),which is organized end existing under the laws of the United States of America,and whose address is 3339 E. Tamiami Txail, Naples, Florida 34112 - !'s Borrower owes Lender the sum of Three Thousand and 00/100 Dollars ($3,000.00). Thts debt Is evidenced by y Borrowers Note dated the'same date as this Security Instrument('Second Mortgage'),which provides for monthly payments,with the fug debt, If not paid earlier,due and payable on sale of proper ty4 refinance, or loss of homestead exemption g w N 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 advancedunder paragraphthe Security Mm oet p instrument;and(o)the performence of Borrower's covenants and agreements under this Security instrument end the Note. For tills purpose, t4 CO h.n ES(rn Borrower does hereby second mortgage,grant end convey to Lender the following described property located In Collier County,Florida. .t w° .e. As more particularly described as Golden Gate Est,Unit 44,E 75FT,OF W 18eFT,OF TR 35,Collier County,Florida and which has the y D p, address ot: ,p ("Property Address"): 2520 52"d Avenue NE Naples Florida 34120 0 8 i Oa (Address) �,^,.._(01)11—_` (Slate) (tip) =O O TOGETHER WITH all the tmprovementsnroC r c f �erCe o Ae rty,end all easements,rights,appurtenances,rents, "'' t+e Ile 0 royalties,mineral,oil end gas rights end profits era rr hit tac rand 1 eter Iq��'e�hereafter a part of the property. All replacements V W.g of V and additions shall also be covered by the S ant.All of the foraging 5 tf fir ihtto in this Security Instrument as the'Property', e I p N BORROWER COVENANTS the i lawfully seized of the estate h ey nw'e ed and has the right to mortgage,grant and to M convey the Property end that the Prope Islam umbered,except for encumbrances of�ecord, orrower warrants and will defend generally t�6 z the title to the Property against all clai s end d¢rr daSt b)egto any encumbrances of re rd. a T1-115 SECURITY INSTRU NT cgdibi s uniform covenants( nab I use and n-unlfgnn covenants with limited variation by jurisdiction to constitute a uniform s:.rilyi{{f�sstrum Serif arjng real.roperty. v Q UNIFORM COVENANTS. Bonotier and Lender Deep e •agree as pilowu; _ 1. Payment of Principal and 1 e s,,,lelra n La,: Y B ow II pro ptly pay when due the principal of and � • �1 Interest on the debt evidenced by t e Not( // \J thereon. 2.Taxes.The Mortgag•r will - allfltunee, see sme Is, a -r t •r er s p ortoIt e accrual of any penalties or Interest CO The Mortgagor shall pay.r bb oa a th m}es,ec l"ely bew duq (A)(15111taxes and governmental charges of any • On kind whatsoever which may at any i e IsOfoi sseesett•o vied•. or with to hero erty,(2)aft utIllly and other charges, N 0 Including'service charges',Incurs. r Ira sed for the operation,malntenan' use,o upon,:fees p and Improvement of the Property,end v p r O (3)all assessments or other govern epi, arges that may lawfully be paid In lime is ov rear) od of years,the Mortgagor shall be vD obligated under the Mortgage to pay• o be paid only such Installments r uir pee aid during the term of the Mortgage,end el 0 vs shall,promptly after the payment dare a. regotng,forward to Mortgagee e r epcce of ueh•p)ment. acr ne 0 p .0 3,Application of Payments, lees Ilcable law provides otherwise,etI p ymelgtdr calved by Lender shall be applied;first,to F. (./VI g Interest due;and,to principal due;end las to Bipylatesharges due under the Note. /S a) .0i W 4,Charges;Liens. Borrower sin �byesetyles,assessments;char ,Inc arlrLl positions attributable to the Properly which may re O r0 ; attain priority over this Security Instrument,andlea4eholem 9inontst+r-groored t n (f a Borrower shall promptly tarnish to Lender all c 1 [.:r notices of amounts to be paid under this paragrap d.sll e Iyis eyfder r e.p� ents. et .la. Borrower shall promptly discharge any lien wh7 tirioril)over rh)eSaeurlty instrument unless Borrower.(a)agrees In writing to 0 I Wlio 1al . NN the payment of the obligation secured by the lien Ina manner eccSgta51 o ender;(b)contests In good faith the lien by,or defends against E o0 O as y Vl enforcement of the lien In,legal proceedings which In the Lender's opinion operate to prevent the enforcement of the fen;or(c)secures from .M- •� b N the holder of the lien an agreement satisfactory to Lender subordinating the Ben to this Security Instrument. if Lender determines that any part ,ee r Zee, of the Property Is subject to a gen which may attain priority over the Security loslrvent,Lender may give Borrower a notice identifying the lien, I 'a; n •u Borrower shall satisfy the lien or take ono or more of the actions set forth mabove within 10 days of the giving of notice. 0) S.Hazard or Property Insurance, Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured E p, d C1 C d.agelnst loss by fire,hazards Included within the term"extended coverage'and any other hazards,including floods or flooding,for which Lender H b tq 5,2,,,_,R requires Insurance,This Insurance shall be maintained is the amounts and for the periods that Lender requires.The Insurance carrier 0 i W P+Os Z vo pa providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. tf Borrower faits to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights In the Property in accordance +.+ 1 with paragraph 7.At en times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such Q 1. risks and for such amounts asses 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 end Mortgagee against toss or damage to the Premises by fire,lightning,and other casualties customarily Insured against(including bolter 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 �`- cosi of the Premises,exclusive of footings end foundations. All Insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause. Lender shall have l the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give Io Lander all receipts of paid premiums end renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier end Lender, Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing,insurance proceeds shag be applied to restoration or repair of the Property damaged,If the restoration or repair is economically feasible and Lender's security Is not lessened. If the restoration or repair is not economically feasible or Lenders security would be Lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lander that the Insurance carrier has offered[omelet 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 wilt begin when the notice Is mailed. Unless Lender end 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 amowtt of the payments.If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies end 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. ' B.Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds, Borrower shag occupy,establish,and use the Property as Borrowor'a principal residence within sixty days after the execution of this Security Instrument and shall continua 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 ere beyond f Borrower's control.Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property.Borrower shall be In default If any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith Judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lender's security Interest.Borrower may cure such a default end reinstate,as provided In paragraph 18,by causing the action or proceeding to be dismissed pp' U Packet Pg. 1210 OR 4681 PG 3215 16.D.6.b . f 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 ase principal residence. If this Security Instrument is on a leasehold.Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shalt 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 end 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 ever 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 Lander under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument.Unless Borrower and Lander agree to other terms . of payment,these amounts shall bear interest from the date of disbursement at the Note rate end shall be payable,with interest,upon notice from Lender to Borrower requesting pnymene 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 Lander lapses or ceases to be in effect,Borrower shell 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 affect,tram an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage Insurance coverage Is not CS available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by GI Borrower when the Insurance coverage lapsed or ceased to be In effect.Lender will accept,use and retain these payments ase 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. 0 Borrower shall pay the premiums required to maintain mortgage insurance In effect,or to provide a loss reserve,until the requirement for 2 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 lime of or prior to en inspection specifying reasonable cause for the inspection. 0 10. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation C or other taking of any part of the Properly,or for conveoncir lel r,Jertmati n,are hereby assigned and shall be paid to Lender,In the O event of a total taking of the Properly,the proceeds _ 1 b II to h �l��y qc by this Security instrument,whether or not then due, :0 with any excess paid to Borrower. In the event sue a be gef-the parlr h.th)c a feir market value of the Property Immediately re before the taking Is equal to or greater than t�armmppl e e sums securadi 1ht `�pc ty stmment immediately before ttw taking,unless w Borrower and Lender otherwise agree In w f�eng),,fIs me secured by this Security Ins m��r,1�, tl be reduced by the amount of the proceeds to multiplied by the following fraction:(a)t:toles unt of the sums secured immediate! 0fore taking,divided by(b)the fair market value 47e of the Property immediately before the kiRSng. r y balance shall be paid to Borrower. tri 1 event fa partial laking of the Property in which en the fair market value of the Property I.media ly�ee ore a a Is lessjhan)� amount o e su secured Immediately for the taking, unless Borrower and Lender°themeel-e ogre=In wduhgon less appllcableaf9W o erwlse pro es,th' proceeds shall be applied to the sums 11 secured by this Security instrument eth- or not the sums r ue.Unies ender and arrow r otherwise agree In writing,any application of proceeds to principal-hall n•t: opo...,: led • ale of o hlyr ants farted to In paragraphs 1 or change the amount of such payments, 11.Borrower Not Ralesad, i be ranee:yL No aW r. t si tilt time4r payment orreodiflcaaorrcsl amortization of the sums secured•y this•:cc ty ins -me r . ted Le r to an v ssor into est of Borrower shall not operate to Cr) release the liability of the original=+r. . . 13 rro is or in nl s1, Lend sir If no'b- Wed to commence proceedings M against any successor to Interest o of to:d time for-pa ant t 7wise m ori 'on f the sums secured by flits Security N Instrument by reason of any dames• a by the original Borrower or Borrotr's succe ors I . Any forbearance by Lender In exercising any right or remedy shall :waiver of or preclude the exercise`b e y rig t or r:rpre . 12.Successors and Assi• s' d;Joint and Several Liabitltyr ign s. Ay flank and agreements of this Security M Instrument shall bind and benefit the s nen N and assigns of Lender and So r�r,s b): el Provisions of paragraph 17.Borrower's nenl4and agreements shalt be Joint a Tey eV» orrower who co-signs this Security - Instrument but does not execute the Note, )lucre: ping this Security Instrument opltf) port ge,grant and convey that Borrower's interest In the Property under the terms of this Secu' s$tin�et,(b)is not personally obtf�e(et(td7p the sums secured by this Security Instrument: ele re and(c)agrees that Lender and any other Boree y ewdo axtepd..modify'.fer e r ' eke any accommodations with regard to the leans teee of this Security instrument or the Note without the Bprzo q§ onganj�-�''Q�,,,e 13.Loan Charges.if the loan secured by t tsSt rJrJtiittt/)nsfri rntin0I_mit)ct to a law which Sets maximum loan charges,end that 0 law Is finally interpreted so that the interest or other loan cherg cotleeiert 5ffo be collected in connection with the loan exceed the permitted limits,than:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)arty sums already collected from Borrower which exceeded permitted limps will be refunded to Borrower,Lender may choose to make this refund by y reducing the principal owed under the Note or by making a direct payment to Borrower. It a refund reduces principal,the reduction'tt be C treated as a partial prepayment without any prepayment charge under the Note. N 14. Notice a, Any notice to Borrower provided for in This Security Instrument shall bo given by delivering It or by mailing It by first E class mall unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address L Borrower designates by notice to Lender. Arty notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph, Li 15.Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the Jurisdiction in which t6 {{ the Properly is located. In the event that any provision or clause of this Security instrument or the Note conflicts with applicable law,such Q conflict shall not affect other provisions of this Security Instrument or the Note which can be given attest 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 nota natural parson)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 it 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 accelera0on. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or malted within which Borrower must pay ell sums secured by this Security Instrument. If Borrower faits 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)6 days(or such other period es applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sate Contained in this Security instrument or(b)entry of a judgment enforcing this Security Instrument,Those conditions ere 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 es Lender may reasonably require to assure that the Ilan of this Security instrument,Lender's rights In the Property end Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.Upon reinstatement by Borrower,this Security instrument end the obligations secured hereby shall remain felly effective as if no acceleration had occurred,However,this right to reinstate shell not apply In the case of If acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer,The Note ora 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 Ina change in the entity(known as the"Loan Servicer`)that collects monthly payments due anderthe Note end this Security Instrument,Them also they be one or more changes of the Loan Servicer /'"N unrelated to a sale of the Note. If there is a change of the Loan Servleer,Borrower will be given written notice of the change In accordance with paragraph 14 and applicable law. The notice will stale the name and address of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other information required by applicable law. I Packet Pg. 1211 ! 16.D.6.b OR 4681 PG 3216 4 A 4.4 20.Hazardous Substances,Borrower shall not cause or permit the presence,use,disposal,storage,or release of arty 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 end any Hazardous Substance or Environmental towel which Borrower has actual knowledge. if Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediadon of arty Hazardous Substance affecting the Property Is necessary,Borrower shell promptly take ell 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 pesttddes and herbicides,volatile solvents,materials containing asbestos or formaldehyde,end 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 glue 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 shalt 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,bywhich the default must be cured;and(d)that failure to cure the default on or before the date specifted in the notice may result In acceleration of the sums secured by this Security Instrument,foreclosure by(udiclet proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration end the right to assert In the foreclosure proceeding the non-existence of a CP 63 default or any other defense of Borrower to acceleration and foreclosure, lI the default is not cured on or before the dale specIfied in the notice, re Lender,at Its option.may require Immediate payment In full of all sums secured by tits 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 6. provided In this paragraph 21,including.but not limited to,reasonable attorneys fees and costs of the title evidence. 0 22,Release, Upon payment of all sums secured by this Security Instrument,Lender shat release this Security Instrument,without E charge,to Borrower.Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used In this Security Instrument end the Note,'attorneys'fees"shall Include arty attorneys'tees awarded by 4. an appellate court. 24.Riders to this Security instrument If one or more riders ere executed lay Borrower end recorded together with this Security C Instrument,the covenants and agreements of each sudd��ttldel'S I be ncc gate into and shell emend and supplement the covenants and O agreements of this Security Instrument as if the rid (5),wefe i of hi r e et"f t menl. (Check Applicable Box) +-' (It rV4 ❑Adjustable Rate Rider ❑ a Arlo nt Poder err return Rider 41) ❑Graduated Payment Rider VI•e y Rider 31 Elton Home Rider .N L ❑Balloon Rider Biw.: ly Payment Rider ❑Planned a it Dev opment Rider f4 ❑Other(s)(specify ` (' (n 114 Cr_ �� _ SIGNING BELOW,Borrower aces.s and ::-n '. �oJ4 c : a Ili, curity nstrument and in any riders)executed GO by Borrower and recorded with It. , • •Signed,seated and delivered in(hi prase o• Lo ��] r Witness#1: ►•• t et i+ �r' Si ..,'. i. a....:.,. _. N ro Borrows 10. � , 4 v Signature:�Z ;'rail i/ 1�L<!.a a Wflnessf42: Signature: Co Borrower N Signature: rSY CP I �, r11 � '� r �} 52e°Avenue NE 01 ` 4 .�aplea, Florida 34120 10 STATE OF FLORIDA 2 COUNTY OF COLLIER `. C 0) t hereby certify that on this day,before me,an officer duly authorized In the stele aforesaid and in the county aforesaid to take E acknowledgements,personally appeared Courtney .7. Porter tome known to be the person(s)described In and who executed the U 00 foregoing Instrument and acknowledged before me that(Het she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seat In the County and State afor this. day of 3.-.4 /19 —Yater o•ifl'il. My Commission Expires: AO r'5";-0:2-0/, 'AO / ,,h6(4"---- Notary G6 ---Notary ICs s Signature �j� (Seal) 0AM , ./J// Notary's Printed Name aosr Poen Notary Public State of Florida Donna OlMare v ,o-�r My COmmisslen 00711561 '4Or po Expires 10/O512011 file#: 09-302 . Packet Pg. 1212 16D.6.b *** OR 4681 PG 3217 *** Exhibit A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Collier, STATE OF Florida,AND IS DESCRIBED AS FOLLOWS: THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 35,GOLDEN GATE ESTATES,UNIT NO. 44, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 29, PUBLIC RECORDS.OF COLLIER COUNTY,FLORIDA. m a) Parcel ID:38963200003 a rn Commonly known as 2520 NorthEast 52nd Avenue,Naples,FL 34120 However,by showing this address no additional coverage is provided o a -0o CQ o ( } U .775 �.J N \ /TT) 1). cn co1\\ ,NK ca '14 `-fir 'Ci1Z-G 2 E' • ti Q ' Packet Pg. 1213 16.D.6.b lett: 4093502 OR; 4300 PG; 4073 MILD 20550,00 DORTII YIIGHT IT AL RICORDID is the OITICIAL RICORDS of COLLIER MATT, It OBLl 20550.00 5101 PILICAR BAT BLVD 1300 11/08/2007 at 12:3711 001007 I, BRDCI, CLIRI RIC IEE 11,00 MID 11,31101 270S SZCOND MORTGAGE DCC-.35 72.10 THE NOTE SECURED BY THIS MORTGAGE IS NOT SUBJECT''10 INTANGIBLES TAX,CHARITABLE ENTITYS THE AO POLITICAL SUBDIVISION BLIGEE IS ER: OFA (TH3E STATE OF FLORIDA; OR (iii) AN ENTITY OF THE FEDERAL GOVERNMENT, THIS SECOND MORTGAGE("Security Instrument")Is given on ,2007. The Second Mortgagor is; Michael Wilson,a single man ("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, Naplea, Florida 34112 . Borrower owes Lender the sum of Twenty Thousand Five Hundred Fifty and 00/100 Dollars (520,550,00), 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 lose of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and ell renewals,extensions and modifications;(b)the payment of all ether sums,with Interest advanced under paragraph 7 to protect the security of the Security Instrument;and(0)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. CD As more particularly described as Haciendas,The A Condominium Building 0-2 and which has the address of; re ren ("Property Address"); 151 Cypreaa Way $a2, Naplea, Florida 34110 O TOGETHER WITH altthe 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"Props 0 BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and O convey the Property and that the Property Is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally raj the title to the Property against all claims and demands,subject to any encumbrances of record, t4 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants Mei limited variation by u jurisdiction to constitute a uniform security instrument covering real property. :e UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; tL 1. Payment of Principe!and Interest;Prepayment and Late Charges, Borrower shall promptly pay when due the principal of andcn interest on the debt evidenced by the Note. Q 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rants or water rates prior to the accrual of any penalties or interest = thereon, f!) ' The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)alt 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 a) (3)all assessments or other governmental charges that may lawfully be paid In Installments over a period of years,the Mortgagor shell be M 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,end N shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment, 3. AppllcaUon of Payments. Unless applicable law provides otherwise,ail payments received by Lender shall be applied;first to e, 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 a, attain priority over This Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all ar notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. cay o Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to m 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 i enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(a)secures from 0 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, ee Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, c 5. Hazard or Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured 0di — 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 i providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to re maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights in the Property in accordance +� with paragraph 7. Al all times that the Hole Is outstanding,the Mortgagor shall maintain Insurance with respect to the Premises against such Q risks end 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 holler 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 leve 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. Lander shall have the right to hold the policies and renewals, If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier end Lender, Lender may make proof of loss if not mads promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair Is economically feasible and Lender's security is not lessened. If the restoration or repair Is not economically feasible or Lenders security would be lessened,the insurance proceeds shalt 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 I 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 i 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 1 the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition, B. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds, Borrower shall occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year alter the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or Impair the Property,allow the Property to deteriorate,or commit waste on the Property, Borrower shall be in default If any forfeiture action or proceeding,whether civil or criminal,is begun that In Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security 4, Packet Pg. 1214 r 16.D.6.b' OR: 4300 PG: 4074 interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed /.-.l with a ruling that,In Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security Interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security instrument Is on a leasehold,Borrower shall comply with all the provision of the tease. 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. Al hough Lender may take action underthts paragraph 7,Lender does not have to do ao. 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 shell bear interest from the date of disbursement at the Note rate and shalt 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 than secured by this Security instrument,Borrower shall pay the premiums required to maintain the mortgage Insurance in affect, 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 substanttaliy 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 pale 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 shelf pay the premiums required to maintain mortgage insurance in effect,or io provide a loss reserve,until theCe mortgage Insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. requirement for r'co 9. Inspection, Lender or its agent may make reasonable entries upon and inspections of the Pro notice at the time of or prior to an Inspection specifying reasonable cause for the Inspection. Lender shall give Borrower 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 mmeditel before the taking Is equal to or greater than the amount of the sums secured by this Security instrument Immediately befoe Itakl g,aunless 0 Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shatl be reduced by the amount of the proceeds multiplied by the following traction:(a)the total amount of the aums secured immediately before the taking,divided by(b)the fair market value r 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 re the fair market value of the Property Immediately before the taking Is less than the amount of the sums secured Immediately for the taking, tret 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 end 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, • tZ 11.Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the lime for payment or modification of = amortization of the sums secured by this Security instrument granted by Lender to any successorin interest of Borrower shall not operate to Cr) 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 m 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. M 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this SecurityCel 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 M 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; to and(u)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms a> 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 cs5 law is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the an sums rg parole to limit;and(b)any sums O already collected from Borrower which exceeded permitted limits veil 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 shalt be given by delivering it or by mailing it by firstcu class mall unless applicable law required use of another method. The notice shall be directed to the Propertyany gAddress iother addrparagss raph,Borrower designates by mottos to Lender. Arty notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph, .� 18. Governing Law;Severabillty, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which cc the Property Is located. In the event that any provision or clause of Ihls Security Instrument or the Note conflicts with applicable law,such ro conflict shall not effect other provisions of this Security inainrmenl or the Note which can be given effect without the conflicting provision. To Q i 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 era Beneficial interest In Borrower. If all or any part of the Properly or any interest in It is sold or transferred(or if a bensfireal interest in Borrowerfs 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 shag 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 clays (((I from the date the notice is delivered or mailed within which Borrower must pay ell sums secured by this Security instrument, if Borrower fells 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(dl 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. 1g, Sate of Note;Change of Loan Servicer. The Note ora partial interest in the Note(together with lies 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 Nate 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 taw. The notice will stale the name and address of the new Loan Servicer and the address to which payments should be made. The notice wilt also contain arty ether information required by applicable law: Packet Pg. 1215 16.D.6.b OR: 4300 PG: 4075 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 glve 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, It 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,end radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws end laws ofthe 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 acceteratien under paragraph 17 unless applicable law provides otherwise). The notice shell specify: (a)the default;(b)the action required to cure the default;1c)a date,net lass 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 d charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorney,'Fees,As used In this Security Instrument and the Note,"attorneys'fees"shall include arty attorneys'fees awarded by ca an appellate court. W 24. Riders to this Security Instrument. if one or mere riders are executed by Borrower and recorded together with this Security 6- Instrument,the covenants and agreements of each such rider shell be incorporated into and shall amend and supplement the covenants and agreements of this Security instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider O ❑Rate Improvement Rider ❑Condominium Rider 0 Graduated Payment Rider = Y 0 1-4 Family Rider ❑Second Horne Rider p ❑Balloon Rider ❑Biweekly Payment Rider ❑Planned Unit Development Rider 0 Others)(specify m N SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any rider(s)executed to by Borrower and recorded with it. EL fn Signed,sealleddaan�dd -olltvered in the�presence oh = Witness#t:rte-" u rl C" r• !(a Signature: atilOiln) � f � Borrower Michael Signature: 1.a _ r > : /c?/a,. 07 in )' `• M Witness# • i rr' 1 `' Signature: N Signature: • Co.Borrower �' M Address: 151 Cypreaa Way E112 y Naples, Florida 34110 tp STATE OF FLORIDA ' M CS) COUNTY OP C� �. L•, i_ O ts 1 hereby certify that on this day,before me,an officer duly authorized in the stats aforesaid and in the county aforesaid to take acknowledgements,personally appeared Michael Wilson,to me known to be the person(s)described fn and who executed the foregoing y instrument and achnawiedged before me that(He/she!they)executed the same for the purpose therein expressed. U re WITNESS my hand and official seal In the County and State aforesai is� v day of \\\0•.,-ti.,10 L.4.,„,20 4-Cc'.' +t-' My Commission Expires: Notary P\bil 2I rrbture ' (Seal) Notary's Printed Name tssootto Fitt;##; 07-073 • —: t J Packet Pg. 1216 1 INSTR 4733537 OR 4830 PG 1250 RECORDED 8/29/2012 9:24 AM PAGES 6 16.D.6.b DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA D0C@.35 $70.00 REC $52.50 OBLO $20,000.00 .-I. • "' • STATE ROUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE r � THIS SECOND MORTGAGE('Security Instrument')Is given on t7�day of ear ,2012, The Second Mortgagor is: Emilio A. Munoz and Dalvia Rivero Mayo, a married couple ('Borrower.% This Security Instrument Is given to Collier County-SEI? ("Lender.%which is organized and existing under the laws of the United Stales of America,and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112, Borrower owes Lender the sum of Twenty Thousand and 00/100 Dollars ($20,000.00). This debt is evidenced by Borrower's Hole dated the same date as this Security instrument("Second Mortgage'),which provides for monthly payments,with the full debt, if not paid earlier,due upon sato if sold within the fifteen year term. If sold within fifteen years then the loan will be forgiven In three equal parts each five years so that at the end of the fifteen year term the balance owed is zero.if sold after the fifteen year term,no repayment Is required As long as the recipient continues to own and occupy the assisted property during the term of the mortgage,then the loan will not have to be repaid. This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions ID and modifications;(b)the payment of all other sums,with Interest advanced under paragraph 7 to protect the security of the Security 6 Instrument and(c)the performance of Borrowers covenants and agreements under this Security Instrument end the Note. Forttdc s purpose, � r'3 Borrower does hereby second mortgage,grant and convey to Lender the following described property located In Collier County.Florida, As more particularly described as Golden Gate Estates URN GO 975 of N 160 ft or TR a8 of the Public Records of Collier County,Florida O and which has the address of; rE ("Property Address'); 4330 20tk Street HE Naples FL 34120 • w— r O (Address) (city) (State) (rip) a TOGETHER WITH all the improvements now rh etel ) t ��4xhhot r4,a all easements,rights,appurtenances,rents. '4 royalties,mineral,of and gas rights and profits,vet: •• h a ie,,.to andalL v r ereaher a part of the property. Art replacements and additions shall also be covered by the Secur f rrrtrnL Wl of the foregolr i ate teen this Security Instrument es the"Property". BORROWER COVENANTS that B. . >r s-/vt4ully seized of the estate bereb . - d and has the right to mortgage,grant and ,U) convey the Property and that the Property is e =u bered,except for encumbrances of r--.rd. Boerower warrants and will defend generany the title to the Property against all claims a •dem d )erxto.pny encumbrances of recd THIS SECURITY INSTRUMENT..mbar s r coveriente-fcrnaltg0at= se and • -wife covenartswith limited variation by Jurisdiction to constitute a uniform securil instrurrtrent c rtgdg al pro..rty. CL UNIFORM COVENANTS. Bo • er d rider covenhnt s .a•res as fol.as: _ t. Payment of Principal and ntore parrt"nd LL e. J IQs. :.rro '.prom Uy pay when due the principal of and ffj interest on the debt evidenced by the Nate, , • 2. Taxes.The Mortgagor veil pay al axe,asse sm nis s re • -t tirat pr'..to accrual of any penalties or interest py thereon. The Mortgagor shall pay or ca se ie e Ah p r •i beecm • A)O,elI res and governmental charges of any M Idnd whatsoever which may at any time eel tly assessed or levied against•t;, eh res of to rfkq rty,(2)ell utility and other charges, N Including"service charges',Incurred ori'Poet or the operation,maintenance„occu army qqpp and improvement of the Properly,and (3)all assessments or other governments that may lawfully be paid Int�nt ov a(eft of years.the Mortgagor shall beete obligated under the Mortgage to pay ar eau old only such Installments as rd.(eq i tckbe aid during the term of the Mortgage,and shall,promptly after the payment of any oft got ,forward to Mortgagee ev)dence bf sit is,Yment. U) • 3. Application of Payments. Vales dr I jaw provides otherwise,all pa. hts rdceived by Lender shall be applied;fiat to Interest due;and,to principal due;and las!,loan e, ars due under the Notee<,-c,\ '/ ro 4. Charges;liens.Borrower shall pay a.to�es,kap Meas.-the s(tlreb) d imposltlons attributable to the Property which may 2'attain pricrity over this Security tnstrument,and Ieasehdtdpa s cit g it gfs;,U.arfy. Borrower shall promptly furnish to Lender at L notices eamounts to be paid under this paragraph,acrd all re.elp 4id he'payments. 0 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to E 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 Ilea to this Security Instrument. If Lender determines that any part C CD 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 eel forth above within 10 days of the giving of notice. _ 6. Hazard or Property Insurance. Borrower shall keep ire Improvements now existing or hereafter erected on the Properly Insured Cf against loss by fire,hazards included within the term'extended coverage'and any other hazards,Including floods or flooding.for which Lender r'4 requires insurance. This insvtence shall be maintained In the amounts and for the periods that Lender requires. The insurance carrier r+',, providing the Insurance shall be chosen by Borrower subject to Lender's opproval which shall not be unreasonably withheld. If Borrower fails to Q maintain coverage denoted above,Lender may,at Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. Al at 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,at premiums In respect thereto, Including,but not limited to,all-risk insurance protecting the Interests of the Mortgagor and Mortgagee against toss or damage to the Premises by tire,lightning,end other casualties customarily insured against(indudirrg boiler explosion,If appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in en amount not less than the full replacement ' cost of the Premises,exclusive of footings end Foundations. Ali insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause. Lender shall have the right to held 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 shalt 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 er repair of the Propene damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. tf the restoration or repair is not economically feasible or Lender's secerity 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 Instalment,whether or riot then due.The 30-day period WE 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 tor 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 tom damage to the Property prier 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 shell ...eel., occupy,establish,end use the Property as Borrower's principal residence within sixty days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shag not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy,damage or Impair the Property,allow the Properly to deteriorate,or commit waste on the . Property. Borrower shall be in default If any forfeiture action or proceeding,whether civil or criminal,Is begun that in Lender's good faith judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security Packet Pg. 1217 16.D.6.b OR 4830 PG 1251 • ' Interest. Renewer may airs such a default and reinstate,as provided In paragraph 18,by causing the action or proceeding to be dismissed T.. with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrower's interest In the Properly or other material Impairment of the lien created by this Security Instrument or Lender's security Interest. Borrower shall also be in default If Borrower,during the loan application process,gave materially false or Inaccurate Information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee tide to the Property,the leasehold end the fee tile shall net 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 end agreements contained in this Security instrument,or there Is a legal proceeding that.may significantly affect Landers rights in the Property(such es a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lander may do and pay for whatever is necessary to protect the value of the Property and 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 end 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 bytes Security instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement et the Note rate and shall be payable,with Interest,upon notice from Lender to Borrower requesting payment. B. 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 mcrtgage insurance in effect, 11,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 prevlousty 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 rot os available,Borrower shall pay to Lander eacir month a sum equal to one-twelfth Of the yearly mortgage Insurance premium being paid by C) Borrower when the insurance coverage lapsed or ceased to be In effect. Lender will accept,use and retain these payments as a toss reserve tis In tea of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage Insurance coverage(in n' the amount and for the period that Lender requires)provided by en 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 O 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 `r– notice at the time of or prior to an inspection specifying reasonable cause for the inspection. itt. Condemnation. The proceeds of any award or ciai utam es,direct or consequential,In connection with any condemnation O or other taking of any part of the Property,or for conveyers n ou p arpnitton,,are hereby assigned and shall be paid to Lender. In the ,_ event of a total taking of the Property,the proceeds s alt ee�6ilo•l�surn3} _cpr'tt.by this Security Instrument,whether or not then due, 'r with any excess paid to Borrower. In the event of ape rlJa! ki g oithe'PrOperty In i h.IIte air market value of the Property immediately no before the laking is equal to or greater than thea un a sums secured by this S u(Ifejn t�ruumeet immediately bolero the taking,unless Borrower and Lander otherwise agree in whew'',I a s secured by this Security Ins e 3hbit be reduced by the amount of the proceeds N multiplied by the following fraction:(a)the treble t of the sums secured Immediately re the"tekleg,divided by(b)the fair market value ft of the Property immediately before the mak g,An yb mance shalibp paid is Borrower. In the vent ottys partial taking of the Properly in which (f) the fair market value of the Property rrnm diate fo �m�king Is'ef`reetttanihe Dunt of the sumssse tired immediately for the taking, unless Borrower end Lender otherwise arra i rung or meets speeds le law oils ise provid s,the oceeds shall be applied to the sums — secured by this Security Instrument wit tier o s,�oreeliffe du Unles rxier owe`liotherwise agree in writing,an appficatton of proceeds to principal she note nnd�tllon'tt rile d61�fythe nth p� ns r (erred to in paregrepins 1 or change a the amount of such payments. �{ it. Borrower Not Released Farb nrpe Bye eosier hot tvc. xten n rthe r f rpayment or modification of On amortization of the sums secured by thi y Iditlgr ht,grgn(edp L ndkt to any s son n 1nterbst of Borrower shall not operate to lel release the goblets,of the original Bo L,�eges remwef successard'ln 1 tarok?lends ma altirot e3 Ltrad to commence proceedings v against any successor in Interest or relu eeto a end fume for payment or otherse modify ma ' tt�r the sums secured by this Security Instrument by reason of any demand ma b'y"t original Borrower or Borrower's e re I intefedt. Any forbearance by Lander in exercising any right or remedy shall not esOe er of or preclude the exercise b� t or tech/ c 12.Successors and Assigns S n Jct nt end Several Liability,Co s. r e co/rants and agreements of this Security N Instrument shall bind and benefit the sucxesarhd� signs of Lender and Borrower,sgb Fi4o.titre Provisions of paragraph 17, Borrower's coven rats ed'agreements shall be joint amaze-ea e,Arty Borrower wino co-signs this Security co Instrument but does not execute the Note;(a)Is db stip J,its gcurlty Instnrrttent 0140 mpr{gage,grant end convey that Borrowers interest its In the Property under the terms of this Security(null,o,ret;93) s� f ryoptp yyf g9ed_t o pay the sums secured by this Security Instrument; C) and(c)egreesthat Lender and any other Borrower may egrag to endnmo}ii[yNSr or make any accomnrodations with regard to the terms of this Security Instrument or the Note without that Borrower's cement,----`"- 0 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law witch sets maximum loan charges,and that E law Is finally Interpreted so that the interest or other loan charges collected or to be collected In connection with mho 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 emit and(b)any sums se already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by asi 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. es 14. Notices. Any notice to Borrower provided for in this Security instrument the be given by delivering it or by mailing it by first to class mail unless applicable law required use of another method.'The notice shall be directed to the Properly Address or any other address f4 ee Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given es provided In this paragraph. ___ 15, Governing Law;Severability.This Security Instrument shall be governed by federal law and the law of the jurisdiction In vmioh g the Property is located. In the event that any provision or clause of this Ser„arty instrument or the Note conflicts with epprcable taw,such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without this confiding 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 ore Baneliciat 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 eaten 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 taw 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 seared 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, IS. 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 seder 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 aft 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;tel pays all expenses incurred in enforcing this Security instrument,including,but not limited to,reasonable attorney's fees;and(d)takes suds action as Lender may reasonably require to assure that the ten of this Securitylnatrument,Lenders rights in the Property and Borrower's obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower,this Security instrureeni and the obtgallons -- 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 ora partial Interest In the Note(together with this Security Instrument)may be sold ono 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 sate of the Note. If there is a change or the Loan Servicer,Borrower will be given written notice of the change In accordance with paragraph 14 and applicable law. The notice wit 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. Packet Pg. 1218 OR 4830 PG 1252 16.D.6.b • • • 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous r 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 Properly of small quantities of i Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shag promptly give Lender written notice for arty 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 remedlallon of any Hazardous Substance effecting 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 toxo 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 orforma'dehyde,and I radioactive materials.As used in this paragraph 20,"Environmentai Law'means federal laws and laws of the Jurisdiction where the Properly Is located that relate to health,safety or environmental protection. 21.Acceleration;Ramedtes, 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 nonexistence of a default or any oilier defense of Borrower to acceleration and foreclosure, If the default is not cured on or before the date specified In the notice, (1', Lender,at Its option,may require immediate payment in full of all soma secured by this Security Instrument without further demand and may 0) foreclose this Security instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies t6 provided in this paragraph 21,Including,but not limited to,reasons le attorney's fees and costs of the title evidence. 21 22, Release, Upon payment of all sums secured by this Security Instrument,Lender shell release this Security Instrument,without G charge,to Borrower. Borrower shall pay any recordation case. ; 23.Attorneys'Foes.As used In this Security Instrument end the Note,'attorneys'fees'shall include any attorneys'fees awarded by an appellate court. I p 24.Riders to this Security Instrument. It one or more'riders are executed by Borrower end recorded togetherwitli this Severity = instrument,the covenants and agreements of each such riders i be-incorpotatsd Into and shall amend and supplement the covenants and Q agreements of this Security Instrument as it the rider(*) or th Wment. (Check Applicable Box) ;�,, ❑Adjustabie Rate Rider ,� re ❑Rale ,�-Rtc)`er �� •ndominihanRfder U ET Graduated Payment Rider 0 1 F 18er Si )co •Home Rider w 0 Balloon Rider 0=�e ayrnent Rides ■ •ann=• nit Development Rider ons 0 Other(:)(specify l.a7--;------...„..--- ,� !lR+^ I C1- SIGNING BELOW,Borrower accepts. •all. I" , . eft. u tar • `t curtly nstrument and In anyrider(s)executed N by Borrower and recorded with it. 11 ,, Signed,coaled and delivered in the p:s a - Y. I! • a Le) Witness#1: ' r... I' tgn atore:v� � S,/Z�f r Z cV • Bd we ''� 3` • o A. Munoz Signature: 1 ttf�rtK 1 d.� v Witness#2• "i SignataPs' `v/, ' ' �b�22 !Z N �, ,, � Co•Bo p ' salvia Rivera Mayo i31 Signature: gor>/�T la�it _' �.�< iu CO. 'N ''-'1"g. -r E C,1 dIs' 4330 20th Street Ira O r l Naples, FI, 34120 a • C STATE OF FLORIDA C) COUNTY OF COLL1EP • U I hereby certify that on this day, Emilio A. Munoz and Dalvis Rivero Mayo before me,an officer duly authorized in .% the state aforesaid and in the county aforesaid to lake acknowledgements,personally appeared to me known to be the persons)described in and who executed the foregoing Instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. • WITNESS my hand and official seal in the County and State aforesaid tills y y of of lei ..• 2012. My Commleslan Expires: f.,/fb/�/Y h /! Notary P/ubllc's Signature /{ (Seat) 1'(N Dry f S Notary's PrintedName ,N•ug4, " RRf fW ;rem,- r�. ,; Notary PublicCBE •C.ARiS Stale 0r'Ffotida SKIP File#: I I-099 -.:�7 i,"c'c My Comm.Expires Nov 16,20 72 Preparedby: p, F,.`;•` Commission#00 838749 Collier County Housing,Human&Veterans Department "" 3339 E.Tamiaoni Trait,Bldg H,Suite 211 . Naples,FL 341(2 • • Packet Pg.1219 oR 4830 PG 1253 16.D.6.b EXHIBIT A Legal Description CE1205-FL-362714 THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 88,OF GOLDEN GATE ESTATES UNIT 60,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 7,AT PAGE 62,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. 39659600000 Being Property Conveyed by Certificate of Title from Dwight E. Brock, Clerk of the Circuit Court to Deutsche Bank National Trust Company, as Indenture Trustee for the Registered Noteholders of Aegis co Asset Backed Securities Trust 2006-1,Mortgage Backed Notes,recorded May 8,2012,in OR Book 4794, c Page 3045,Collier County, Florida. 0 ---- 0 ® � CQuT a r.;\_t\\\N(:CT1-) -\\TY 1- 1l. M ASN CIS 2.1 4E C6 w.+ Packet Pg.1220 } @B 6pow p uo! ,� eis! es d HS : 6 Z u0| 3els eS d HSdn11ae dVS ` CNI \ \ < CD _5555— ƒj «0000 »0000 zzzZ 5252 ƒ # ƒ y (0000 +0000 }0_ 0_30_ Iwwww » zzzz 7± ±ƒ ± 00000 00 co 000 \ e 7 }» Nw B2TY /E ) } ) C-) 2 k \\ \ \\ [ § � 20 / � \ 2 =4 .5 §(� � 4303 \20 Lu CLo/ / k-00 ZuU (\( \ /ƒ ± ± CD «ones CD 0 CD 0 c2 LO C3 0 ID „ N 0 > . // / \ ) C `— 5 }= 0000 w0000 7ƒ \ / \ } 2rrnr2 k U.1 � § ww2 / \ \ /_ r- h-