Agenda 12/13/2016 Item #16D21 16.D.21
12/13/2016
EXECUTIVE SUMMARY
Recommendation that the Board accept the tentative settlement amount of $16,000, in the
foreclosure action styled Fifth Third Mortgage Co. v. Melissa D. White, Collier County, et. al. (Case
No. 16-CA-1715), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County,Florida, and authorize the Chair to execute the Satisfaction of Mortgage.
OBJECTIVE: That the Board accepts the tentative settlement amount of$16,000 in satisfaction of the
$25,935 State Housing Initiatives Partnership Program mortgage loan provided to Melissa D. White and
authorize the Chair to execute the Satisfaction of Mortgage.
CONSIDERATIONS: The State Housing Initiatives Partnership Program ("SHIP"), a state affordable
housing grant, offers financial assistance to first-time, qualified homebuyers for monies toward a portion
of the required down payment and emergency repairs to a newly acquired home. As a condition of award,
the homeowner must repay the assistance provided upon loss of the homestead exemption. Ms. White
was awarded a SHIP grant for $23,435 for purchase of a home and the grant was recorded as a second
mortgage on the home. On August 18, 2006, OR Book 4091 Page 1890, a mortgage was recorded to
Melissa White in the amount of$25,935. She only received$23,435 at closing and did not use the $2,500
for rehabilitation of the home. Therefore,the actual amount due is $23,435.
Ms. White has defaulted on her first mortgage payments and the foreclosure action has ensued by the
bank. The County's interest in the subject property is subordinate to the Plaintiff's first mortgage.
Ms. White has been working with Fifth Third in attempt to transfer the deed to the bank, in lieu of a final
judgment of foreclosure against her. As the County's interest is subordinate to the bank mortgage, a
foreclosure judgment would operate to extinguish the County's interest on the property. If the property is
foreclosed it would be sold at auction and the County would only be able to claim funds in the very rare
event that there were surplus funds remaining after the first mortgage was satisfied, including accrued
interest, costs and the bank's attorney's fees. The County's second option would be to proceed against
Ms. White for the deficiency and full payment but, given her inability to pay her original mortgage, full
recovery from her is extremely improbable.
Through negotiations with Ms. White and bank representatives, a tentative settlement has been reached
wherein Ms White agrees to pay$10,000 and Fifth Third Mortgage agrees to pay$6,000 in satisfaction of
the $23,435 SHIP loan. The $16,000 represents more than 65%of the County's original loan amount.
Given the strong probability of the County recovering no monies in the foreclosure action, as the
outstanding amount owed on the bank's first mortgage of$146,965 is $114,296, not including attorney
fees, interest accrued and costs, staff and the County Attorney's office believes this settlement is very
favorable to the County and recommends acceptance.
The Board's previous Short Sale Policy directed staff to accept either 6% of the Collier County loan
amount or $6,000 (whichever is less but never less than $500). However, this policy was suspended on
May 13, 2014.
Approval of this item will also authorize the Chair to execute the Satisfaction of Mortgage for recording
upon receipt of payment.
FISCAL IMPACT: The repayment amount of$16,000.00 will be considered program income and will
be deposited in SHIP Grant Fund(791),Project No. 33467. Such funds maybe reused for eligible SHIP
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16.D.21
12/13/2016
program activities. The $10 recording fee will be paid by the recipient.
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 majority vote
for approval. -KN
RECOMMENDATION: For the Board of County Commissioners to accept the proposed settlement
amount and authorize the Chair to execute the Satisfaction of Mortgage.
PREPARED BY: Priscilla Doria, Grant Coordinator
Kevin L.Noell,Assistant County Attorney
Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Satisfaction of Mortgage-White 121316 (PDF)
2. Second Mortgage 121316-White (PDF)
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16.D.21
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.21
Item Summary: Recommendation that the Board accept the tentative settlement amount of
$16,000, in the foreclosure action styled Fifth Third Mortgage Co. v. Melissa D. White, Collier County,
et. al. (Case No. 16-CA-1715), now pending in the Circuit Court of the Twentieth Judicial Circuit in and
for Collier County,Florida, and authorize the Chair to execute the Satisfaction of Mortgage.
Meeting Date: 12/13/2016
Prepared by:
Title: Legal Assistant—County Attorney's Office
Name: Rosa Villarreal
11/22/2016 1:56 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
11/22/2016 1:56 PM
Approved By:
Review:
Community&Human Services Leslie Davis Additional Reviewer Completed 11/22/2016 2:21 PM
Community&Human Services Maggie Lopez Additional Reviewer Completed 11/22/2016 3:03 PM
Public Services Department Steve Carnell Additional Reviewer Completed 11/22/2016 3:22 PM
Public Services Department Kimberley Grant Additional Reviewer Completed 11/28/2016 3:58 PM
Community&Human Services Kristi Sonntag Additional Reviewer Completed 11/29/2016 1:01 PM
County Attorneys Office Kevin Noell Level 2 Attorney Review Completed 11/29/2016 1:16 PM
County Attorney's Office Scott Teach Level 3 County Attorneys Office Review Completed 11/29/2016 1:27 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/30/2016 9:04 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/30/2016 11:39 AM
Grants Therese Stanley Additional Reviewer Completed 12/05/2016 11:32 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/06/2016 12:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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16.D.21.a
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Prepared by:Elizabeth Hernandez
Collier County cu-
Community
Community and Human Services
3339 E.Tamiami Trail 'S
Naples,FL 34112Gi
p THIS SPACE FOR RECORDING
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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 a,
Mortgage executed by Melissa D. White, a single person to COLLIER COUNTY, dated August 11,
2006 and recorded on August 18, 2006 in Official Records Book 4091 Page;18901 of the Public Records
of Collier County, Florida, securing a principal sum of $23,435.00 and certain promises and obligations
set forth in said Mortgage, upon the property described in the aforementioned mortgage.
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COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
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This Satisfaction of Mortgage was approved by the Board of County Commissioners on ':December 13, o
2016,Agenda Item Number
CD
ATTEST: BOARD OF COUNTY COMMISSIONERS >
DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
, DEPUTY CLERK Donna Fiala,Chairman ••
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Approval for form and legality:
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Kevin L.Noell c./
Assistant County Attorney
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I4160 PALMETTO FROITAGE RD #12
MIAMI LALSS FL 33016
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THIS SECOND MORTGAGE("Security Instrument")is given on August , 2006. The Second Mortgagor is: ti
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- Melissa D.White,A Single Person Q
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("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing undo T-
the laws of the United States of America, and whose address is 2800 North Horseshoe Drive, #400, Naples, p
Florida 34014 . Borrower owes Lender the sum of Twenty—Five Thousand Nine Hundred Thirty—Five and Z
No/100ths Dollars(U.S.$ 25,935.00). This debt is evidenced by Borrower's Note dated the same date as this Security vol
Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale o1 ej
property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the m
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 0
Lender the following described property located in Collier County, Florida. ca
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As more particularly described as Unit 6,Building 13, Briar Landing at the Enclave Condominium,of Collier County, Florida and whirl '�
has the address of:
("Property Address"): 1322 Wildwood Lakes Blvd. , #6, Naples, Florida 34104 as
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as
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 replacement t:
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". g
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and
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convey the Property and that the Property is unencumbered extep, .To:enca]mbrances of record. Borrower warrants and will defend generally
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the title to the Property against all claims and demands su jeclt.to 4.n races of record.
THIS SECURITY INSTRUMENT combinesrura(9j. enants o"na final o and non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrurpentkovering real property. 1'
UNIFORM COVENANTS. Borrower and Lend \Lender covenant and agree as fo
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1. Payment of Principal and interest; Pyepaymen'C"a11.d Late Charges. B6# rower shall promptly pay when due the principal of anc
interest on the debt evidenced by the Note. / r 141-- -„,,,,, -""""''� \ o
2. Taxes. The Mortgagor will pay,all taxes,,�assess �` st r�&n ater rates.prior to the accrual of any penalties or interest R.
—.thereon. t I 1 r ) ./ to
The Mortgagor shall pay or cause(to be paid,as e a a r ..fy 5. e sue,( X1)all taxes and governmental charges of an w
,rind whatsoever which may at any time be lolly asses of Ia+ied against or vith respto the Property,(2)all utility and other charges, 0
including"service charges", incurred or imposed fo t#as•operatec ra;-maitcte+1"ance, ase'-1 ccupancy, upkeep and improvement of the Property, a •5
(3)all assessments or other governmental charrg,es that may lawfully be paidin installments r a period of years,the Mortgagor shall be cu
obligated under the Mortgage to pay or causesto- ,paid only such installments are reggired to be paid during the term of the Mortgage,ani
shall, promptly after the payment of any of the`f6regoing,forward to Mortgage"'etvedencevf such payment.
3. Application of Payments. Unless`ai `ficable law provides otherwise';all ` yfnents received by Lender shall be applied;first,to y
interest due;and,to principal due; and last,to any"tate charges due under the Not \ y
4. Charges; Liens. Borrower shall pay air-tag-ees, -essments--charges es and impositions attributable to the Property which m< ;�
attain priority over this Security Instrument, and leaseho')d,payfi&[is g or o r s, if any. Borrower shall promptly furnish to Lender all ,�
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notices of amounts to be paid under this paragraph, and all rateipts..ewdericif g the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to I-
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 M
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 par N
of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lies
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. w
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insures =�
against loss by fire,hazards included within the term"extended coverage"and any other hazards, including floods or flooding,for which Lendt
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier CD
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providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails 101
maintain coverage described above, Lender may, at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance N
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such y
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 Premise a)
by fire, lightning, and other casualties customarily insured against(including boiler explosion, if appropriate),with a uniform standard extendec L
coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement 2
cost of the Premises,exclusive of footings and foundations. .a
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 renew
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 ma in
')romptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property m
damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not E
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 day r
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may us Q
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 perks(
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 paragral
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
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 ti
has priority over this Security Instrument, appearing in court, paying reasonable attorneys'fees and entering on the Property to make repairs. r
Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this Q ._,
paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms ti
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
from Lender to Borrower requesting payment. p
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Z
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance y
coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially cc
equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance 0
previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not Si
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 d
the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. ca
Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for N
mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. .s
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower 2
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 condemnatic d
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 c�
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, ch
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 G
before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless 2
Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceed: -a
multiplied by the following fraction:(a)the total amount of the.sgm$" Luted-im pediately before the taking, divided by(b)the fair market value
of the Property immediatelybefore the taking. Anybalance sto, aid ki*,,b wer. In the event of apartial takingof the Propertyin which I-
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the fair market value of the Property immediately befofelhe\taktrig is e tha&th a Bunt of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in writ,ing.or dit nless applicable law'otbervilse,,provides,the proceeds shall be applied to the sums i=
secured by this Security Instrument whether or not bac/sums are then due. Unless Lender'and Borrower otherwise agree in writing, any c
application of proceeds to principal shall not extend or postpone-the date of the mbnthly`payments referred to in paragraphs 1 or change o
the amount of such payments. - 4 k 0
11. Borrower Not Released,Forbearance By LenderNot a Waiver,. Extension of the time for payment or modification of a
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amortization of the sums secured by this Security`Ins rfPrr er t gfanted,b`'t end r'to any", ccessor in interest of Borrower shall not operate to �
release the liability of the original Borrower Or Borrower's spccessbrs)nin't4e*f. ,end shall not be required to commence proceedings be_—....
against any successor in interest or refuse tp extp d time/for p ymenf Er k,. erwise rn difylamoftization of the sums secured by this Security L
Instrument by reason of any demand made by the or niii•B°br. ^`nor shower's-°sur-bessg3 in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a`c ver of or preclude the exerb(se of any rightar remedy. m
12. Successors and Assigns Bound Joint and Several Liabili o Signers.'The covenants and agreements of this Security m
Instrument shall bind and benefit the successors-and.assigns of Lender and 13onrower/s deet to the Y
Provisions of paragraph 17. Borrower's covenaiv{s`rend.agreements shall be joint''aY)d'several. Any Borrower who co-signs this Security c
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Instrument but does not execute the Note;(a)is co-signing,this Security Instrum Qply/to mortgage,grant and convey that Borrowers inter e+
in the Property under the terms of this Security Instrument;(f ~i s-notpersonaftiobbi gated to pay the sums secured by this Security Instrument .•
and(c)agrees that Lender and any other Borrower maya rg-ee dextepd, ac fy/efbear or make any accommodations with regard to the tern ,,?
of this Security Instrument or the Note without that Borrowe ns _.._.".-•""" a)
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that I-
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 N
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. a)
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 -
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Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph Fl
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in whist <
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such cv
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. a
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. ui
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or
transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written 2
consent,Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However,this option sh, .e
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. c
If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days o
from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails I t�
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 cs
enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Q
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 ma;
reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums
wl Ivwci JI10il pi yiVc LCIIUcl WIILLCII IIVUGe IV! CI y IIIVeSuyduIVII, wan II,UV!IIdlIU, IdWSUIl UI ULIIel aGtIUll Uy 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 Lay 1
and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile T'
solvents, materials containing asbestos or formaldehyde, and Q
adioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property i 6
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 covenar o
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The Z
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 give
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 U
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 notic -0
Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may 5
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies p
provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. as
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument,without y
charge,to Borrower. Borrower shall pay any recordation costs.
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23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded 12
an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security o
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) m
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❑ Adjustable Rate Rider n Rate Improvement Rider ❑ Condominium Rider
❑ Graduated Payment Rider ❑ 1-4 Family Rider El Second Home Rider12
❑ Balloon Rider U Biweekly Pa yrrle t ler CO ' ,tanned Unit Development Rider I-
E Other(s)(specify ,r 5 ‘" % ,•-'" e , � s
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SIGNING BELOW, Borrower accepts and agrees ta4he, erms ani-covenants-contain in this Security Instrument and in any rider(s)execute 0
by Borrow: nd record-: with it. �/ 74,7-77-7.------\\-\
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-Signed,s- led - d deliv - in the presence✓of: I r t r
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Witness#1'♦% t r°, Ir / '.,.Ii 0i
1nw. gpalre: — - J.. . ._ c
Borrow a is D. White
Signature. 01� arA� h', / J 4f
Witness#2:
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�4/raj" e:�r�_i'.a .�a . " Signatures ,"0/ y
�/ Co-Borrower
Signature: A'�'ELL li: �11:1:� 44
dr ss1322 Wildwood Lakes Blvd. , #6
Naples, Florida 34104 0
STATE OF FLORIDA
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COUNTY OF Col I i CY e
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I hereby certify that on this day, before me, an officer duly aut orized in the state aforesaid and in the county aforesaid to take °'
acknowledgements,personally appeared Melissa D.Whit to - k uwn to .e the person(s)described in and who executed the foregoing ,
instrument and acknowledged before me that(He/she/t - -zee'ted he sa a for the purpose therein expressed. tn
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WITNESS my hand and official seal in the County and . es:'d h.- it-) day of 4( 105-t- ,20 . di
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ODALYS PEREo
$` tis MY COMMISSION#010,02302006732
`00302732
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File#: 05-081
Condominium Unit 6, Building 13, BRIAR LANDING AT THE ENCLAVE
CONDOMINIUM, a Condominium, according to the Declaration of r
Condominium thereof, as recorded in Official Records Book 4022, Page
2050, as amended in Official Records Book 4025, Page 1900, and any
amendments thereof, of the Public Records of Collier County, Florida, U
together with an undivided interest in the common elements T
appurtenant thereto, as set forth in said Declaration.
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