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Agenda 10/10/2017 Item #16D 210/10/2017 EXECUTIVE SUMMARY Recommendation to approve eight mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the combined amount of $96,050. OBJECTIVE: To support the affordability of housing in Collier County through SHIP down payment, emergency repair, and rehabilitation assistance programs. CONSIDERATIONS: SHIP, a State affordable housing program, offers assistance to first-time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home, and rehabilitation assistance to homeowners for rehabilitation to their homesteaded property. As a condition of the 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 or partial payment due to foreclosure. As such, satisfactions of mortgages are required. Ms. Duckworth, Ms. Perkins and Mr. Cosey, Ms. Seide, Mr. & Mrs. Meek, and Ms. Rodriguez Acosta and Mr. Myrtil, sold their properties. Mr. and Mrs. De La Cruz Refinanced their home. Mr. Quintana’s home was foreclosed. File # Name Security Instrument Mortgage Amount Payoff Amount Public Record 07-016 Vanessa Duckworth SHIP DPCC Mortgage $20,250.00 $20,250.00 OR4288/PG0360 02-174 Theresa M. Perkins & Isaac J. Cosey, Jr. SHIP DPCC Mortgage $2,500.00 $2,500.00 OR3018/PG3445 09-308 Myriam Seide SHIP DPCC Mortgage $3,000.00 $3,000.00 OR4630/PG3102 14-012 Kelly A. Meek & Deborah Meek SHIP DPCC Mortgage $20,000.00 $20,000.00 OR5194/PG3846 11-070 Marivelis Rodriguez Acosta SHIP DPCC Mortgage $20,000.00 $20,000.00 OR4875/PG3764 08-025 Arnold Myrtil SHIP DPCC Mortgage $22,800.00 $22,260.00* OR4358/PG3821 02-125 Miguel & Deidra De la Cruz SHIP DPCC Mortgage $5,000.00 $4,650.29** OR2995/PG2103 00-170 Jairo Quintana SHIP DPCC Mortgage $2,500.00 $2,500.00 OR2643/PG3131 TOTAL $96,050.00 $95,160.29 *On May 9, 2008, OR Book 4358 Page 3821 a mortgage was recorded to Arnold Myrtil, in the amount of $22,800 for Down Payment Closing Costs and Rehabilitation. He received $20,300 for down payment and $1,960 for home rehabilitation. Therefore, he is only required to pay $22,260. ** On March 8, 2002, OR Book 2995 Page 2103 a mortgage was recorded for Miguel and Deidra De La Cruz in the amount of $5,000 for Down Payment Closing Costs and Rehabilitation. They received $2,500 for down payment and $2,150.29 for home rehabilitation. Therefore, they are only required to pay $4,650.29. 10/10/2017 Approval of this item will authorize the Chairman to sign the attached satisfactions of mortgage, and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The repaid amount of $95,160.29 satisfies the mortgage amount due to the recapture provision as noted above and emergency rehabilitation funds expended. These repayments are considered program income. $45,010 was deposited in SHIP Grant Fund 791, Project 33467, and $43,000 was deposited in SHIP Gra nt Fund 791, Project 33525. These funds may be reused for eligible SHIP activities. The remaining $7,150.29 was deposited in the SHIP Grant Fund account prior to SAP and was reused for eligible SHIP activities. Six $10 recording fees will be paid by the homeowners. Two $10 fees will be paid by the SHIP administrative account Fund 791, Project 33467. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: To approve and authorize the Chairman to sign eight mortgage satisfactions for owner-occupied affordable housing units for which 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 (8) (PDF) 2. MORTGAGES (8) (PDF) 3. SAP, PRESAP BACKUP 9.26.17 (PDF) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Doc ID: 3596 Item Summary: Recommendation to approve eight mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) loan program in the combined amount of $96,050. Meeting Date: 10/10/2017 Prepared by: Title: – Community & Human Services Name: Elizabeth Hernandez 08/09/2017 9:24 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 08/09/2017 9:24 AM Approved By: Review: Community & Human Services Kristi Sonntag Additional Reviewer Completed 08/09/2017 10:36 AM Community & Human Services Leslie Davis Additional Reviewer Completed 08/09/2017 11:28 AM Public Services Department Kimberley Grant Additional Reviewer Completed 08/10/2017 12:01 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 08/13/2017 7:16 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 08/29/2017 11:17 AM Public Services Department Todd Henry Additional Reviewer Completed 08/30/2017 9:15 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 08/30/2017 9:15 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/31/2017 3:56 PM Grants Erica Robinson Level 2 Grants Review Completed 09/05/2017 9:05 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/19/2017 2:31 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/19/2017 2:33 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2017 3:54 PM Grants Therese Stanley Additional Reviewer Completed 09/27/2017 3:02 PM Budget and Management Office Ed Finn Additional Reviewer Completed 09/29/2017 1:53 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 9:43 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM 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 TAMIANII TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Vanessa Duckworth, a single woman to COLLIER COUNTY, dated 09/24/2007 and recorded on 10/03/2007 in Official Records Book 4288 Page 0360 of the Public Records of Collier County, Florida, securing a principal sum of $20,2 00.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2017, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval for form and legality; Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LE Penny Taylor, Chairman 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 Theresa M Perkins A Single Person and Isaac J. Cosey, Jr., A Single Person to COLLIER COUNTY, dated 04/09/2002 and recorded on 04/15/2002 in Official Records Book 3018 Page 3445 of the Public Records of Collier County, Florida, securing a principal sum of $2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on 2017, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK By: ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman 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 TAMIANII TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Myriam Seide, a single person to COLLIER COUNTY, dated 12/03/2010 and recorded on 12/08/2010 in Official Records Book 4630 Page 3102 of the Public Records of 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, COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 2017, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK ,DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman 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 Kelly A Meek and Deborah Meek, a married couple to COLLIER COUNTY, dated 08/21/2015 and recorded on 09/16/2015 in Official Records Book 5194 Page 3846 of the Public Records of Collier County, Florida, securing a principal sum of $20.000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ATTEST: DWIGHT E. BROCK, CLERK in 2017, Agenda Item Number , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 10 Penny Taylor, Chairman C6 c°o 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 TANIIANII TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Marivelis Rodriguez Acosta, a single person to COLLIER COUNTY, dated 01/04/2012 and recorded on 01/15/2013 in Official Records Book 4875 Page 3764 of the Public Records of Collier County, Florida, securing a principal sum of $20,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on ATTEST: DWIGHT E. BROCK, CLERK 2017, Agenda Item Number BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney Penny Taylor, Chairman LJ 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 Arnold Myrtil, a single man to COLLIER COUNTY, dated 04/29/2008 and recorded on 05/09/2008 in Official Records Book 4358 Page 3821 of the Public Records of Collier County, Florida, securing a principal sum of $22,800.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ATTEST: DWIGHT E. BROCK, CLERK LE 2017, Agenda Item Number 17M1811 ALML44 0 Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 10 Penny Taylor, Chairman 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 Miguel & Deidra De la Cruz, Husband and Wife to COLLIER COUNTY, dated 02/28/2002 and recorded on 03/08/2002 in Official Records Book 2995 Page 2103 of the Public Records of Collier County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by. the Board of County Commissioners on ATTEST: DWIGHT E. BROCK, CLERK 2017, Agenda Item Num BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney Penny Taylor, Chairman !=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 TAMIANII TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Jairo B Quintana to COLLIER COUNTY, dated 02/22/2000 and recorded on 02/23/2000 in Official Records Book 2643 Page 3131 of the Public Records of Collier County, Florida, securing a principal sum of $2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on 2017, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 Penny Taylor, Chairman L_J THENOTESECURED BY THIS MORTGAGE EVIDENCES A CONnNOENT OBLIGATION. $1111 OBLIGATIONS ARE NOT TAXABLE PURSUANT W FLORIDADEPARTMENT STAMP TAX POLICY. THE NOTE SECURED BY THIS MORTGAGE IS NOT SUBJECT TO INTANGIBLES TAX, AS THE OBLIGEI IS EITHER: (I) A 30I(CX3) CHARITABLE ENTITY; (ii A POLITICAL SUBDI V fS10N OF THE STATE OF FLORIDA; OR (iii) AN ENTRY OF THE FEDERAL GOVERNMENT. 4079293 OR; 4288 PG; 0360 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, PL 10/03/2007 at 11:07AN DWIGHT E, BROCA, CLARK SECOND MORTGAGE OBLD 20250,00 ONLY 20250.00 RBC FEB 27,00 Retn: PORTER WRIGHT AT AL 5801 PELICAN BAY BLVD 1300 NAPLES PL 34108 2709 THIS SECOND MORTGAGE ("Security Instrument") is given on 1Ib , 2007. The Second Mortgagor is: Vanessa Duckworth, a single woman ("Borrower'). This Security Instrument Is given to Collier County ("Lender"), which is organized and existing under the laws ofthe United States of America, and whose address Is 3301 E. Ta niami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Twenty Thousand Two Hundred Fifty and 00/100 Dollars(U.S.$ 20,250.00), This debt is evidenced by Borrowers Note dated the same date as this. Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or 108e of homestead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with Interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more par iculady described as Lot 17, Trail Ridge, Collier County, Florida and which has the address of: ("Property Address"): 13348 Covenant Road, Naples, F 34114 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, su,b1'eet-t y Cumbrances of record. THIS SECURITY INSTRUMENT combines q fpgNoq =f qoi ajdse and non-uniform covenants with limited variation by 1. Payment of Principal and Intere t; Prdlfayment and Late Charges. orro er shall promptly pay when due the principal of and interest on the debt evidenced by the Note. �----� 2. Taxes. The Mortgagor will pay II to s, aasesslnents, sews a is or we r mt s prior to the accrual of any penalties or Interest thereon_ _�� The Mortgagor shall pay or cause to al , e a e ry b ue, A)(1) all taxes and governmental charges of any kind whatsoeverwhich in at any time be a y ses d r 1 vi g t o 1 as act the Property, (2) all utility and other charges, including "service charges", incurred or ter or he ra io , ! once, e, oe e y upkeep and improvement of the Property, and (3) all assessments or other govemmental a �m a1 ully b M in in al e 1 ` er a period of years, the Mortgagor shell be obligated under the Mortgage to pay or cau o e paid only such install �' is as re r to be paid during the term of the Mortgage, and shall, promptly after the payment of any of th R oing, forward to Mortgagevi an bf (rG3 payment. 3. Application of Payments. UII1 cable law provides oth� se a nts received by Lender shall be applied; first, to interest due; and, to rincipal due; and last, tothar es due under the N4. Charges; Liens. Borrower shall pf s, assessments, oho g qr fin and impositions attributable to the Property which may P 9 tattain priority ov@fchis Security Instrument and e p msnis_or�rou s� Borrower shell promptly tarnish to Lender all notices of amounts to be paid under this paragraph, an vr"Tts §vIt{e r mg}T��a'payments. Borrowarshall promptly discharge any lien which as-phbritq V art a Secudly Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests In good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or lake one or more of the actions set fodh above within 10 days of the giving of notice. S. Hazard or Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards, including goads or flooding, for which Lender requires Insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carder providing the Insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all limes 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 some become due and payable, all premiums in respect thereto, including, but not limited to , all-risk Insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such Insurance at all limes to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All Insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, Insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair Is not economically feasible or Lenders security would be lessened, the Insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of INS Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith judgment could result In forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lenders security OR: 4288 PG: 0361 interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In Lenders good faith determination, precludes forfeiture of the Borrowers Interest In the Property or other material impairment of the lien created by this Security Instrument or lenders security Interest. Borrower shall 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 Lander with any material Information) in connection with the loan evidenced by the Note. Including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquiree fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights in the Property, If Borrower falls to perform the covenants and agreements contained In this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, 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 Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lander to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously in effect, at a cost substantially equivalent to the coat to Borrower of the mortgage insurance previously in effect, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be In effect. Lender will accept, use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an Insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance In effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of any part of the Property, or for conveyance In lieu of condemnation, are hereby assigned and shall be paid (o 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 Bonower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any balance sigill.la"aid-to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before t@ ih s lhss�ttfgn h a ount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writi r ISS appllcaat' a Ise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or g are then due. US r and Borrower otherwise agree in willing, any application of proceeds to principal shall not ex n t ostpone the due date of th ant payments referred to in paragraphs 1 or change the amount of such payments. C—' 11, Borrower Not Released, Fo era �gya,ggtlei'Not-rwaN r. Exte Ion (the time for payment of modification of amortization of the sums secured by this Se urily ns(rumenl g{agted�ry Lend rlo any ccs sof In interest of Borrower shall not operate to against an (successor in origin Borrower r Be cr Q�Te p I of be required to commence proceedings against any successor in interest or refuse o e nd rim oor a e i r e e It am it lon ofihe sums secured by this Security Instrument by reason of any demand made by t o gin o o er r B er u s m n interest. Any forbearance by Lender In exercising any right or remedy shall not be <)I L e,Eu e x Ise o� n ig d emedy. 12. Successors and Assigns B rind, Joint and Several Llab 11 Co ignq a e covenants and agreements of this Security Instrument shall bind and benefit the succes arg1 �d assigns of Lender an rro er, vvpp��� to the Provisions ofparagraph 17. Borrowers cove �7{s 9�nd agreements shall bar aggTt d �6�r� Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) s1gpIng this Security Instruma I'yl"yfnortgage, grant and convey that Borrowers Interest In the Property under theterns of chis Security m^7dn' (b) is not personally pb t d4a pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower `0 exlen odi( r or make any accommodatlons with regard to the terms of this Security Instrument or the Note without chat Be yw c Be C 13. Loan Charges. If the loan secured by this B �j¢�n treuFl3subject to a lawwhich sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing It by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shell be given to Borrower or Lender when given as provided in this paragraph. 16. Governing Law; Severabllity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is located, In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable, 16. Borrowers 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 net a natural person) without Lenders prior written consent, Lender may, at Its option, require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dale of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained In this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest In the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written 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. *** OR: 4288 PG; 0362 *** 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any governmental or regulatory authority, that any removal or other remedlallon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental LaWmeans federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement In this Security Instmment (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 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 Instmment, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court, 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded togetherwith this Security Instrument, the covenants and agreements of each such rider shall be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate Improvement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 1-4 Family Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Biweekly Payment Rider ❑ Planned Unit Development Rider ❑ Other(s) (speciry�;'-�` SIGNING BELOW, Borrower accepts and agree CRte�he rms and covenants cbr 61( npQlp this Security Instrument and in any rider($) executed by Borrower and recorded with iL ll C \ \\1 Signed, sealedand delivered in tpe presep oC Address: B Eovenant Road iia es, Florida 34114 STATE OF FLORIDA �� CII� COUNTYOF CCs T I hereby certify that on this day, before me, an officer duly authorized In the slate aforesaid and in the county aforesaid to take acknowledgements, personally appeared Vanessa Duckworth, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/ she/ they) executed the same forthe purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this —AtL-day of Srp 20,q. My Commission Expires: r N ryI lic's Signature j (St elri mlL� =L111ESO Notary's Printed Name 90JJ8010I0 File#: 9b -M' 07-016 Iota; 00001 UK; 3U1C YG; apt) SOUTI1RM TITLI RICORDiD in the OffICIAL RICORD3 of comik COORTL ii 2114 ICGRIGOI BLVD 04/15/2002 it 01:0518 DVIGIT 1, 110C3, CtIII OB40 2500.00 R NMI IL 11101 OBL 2500,00 SECOND BORTOAGE tic 111 15.00 DOC•115 1.15 THIS SECOND MORTGAGE ('Security Instrument') Is given on March ,2002, The Second Mortgagor is: Theresa M. Perkins. A Single Person and Isaac J. Cosey, Jr., A Single Person ('Borrower'). This Security Instrument Is given to Collier County ('Lander'), which is organized and existing under the lawn of IM United Stales of America, and whose address Is 7090 North aorseehoe Drive, Suib 975, Neales, Florida 34014 . Borrower owes Lender the sum of Tsfe Thweand rive 1MkD and 4477 0ths Dollars (U.S, ! ], 900.00 ). This debt is evidenced by Borrowers Note dated the same dela as this Security Instrument ('Second Mortgage'), which provides for monthly payments, with The full debt, it not paid endlar, due and payable On Gale o! aroaerty, seliaance, or 1080 Of hooeatead 80euaation . This Security Instrument secures to Lender, (a) IM repayment ol the debt evidenced by the NOIa, with Interest, and all renewals, ezlension8 and modifications; (b) the payment of all other ams, with interest advanced under paragraph 7 to protect the security of the Security Instrumanl; and (e) the partormence of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby word mortgage, grant and convey to Lender the following described property located In Collier County, Florida. As more parliculady described as The East 71 lead o1 Tract 19, Golden (iota Estates, Unit 63, Collier County, Florida end which has ihe ('Property Address'): 7440 47sd Avenue ala., Na ton, Florida 34190 w,— t.hPi ,iii , TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appudenances, rents. mystim mineral, oil and gas rights and profile, water rights and atock and all fixtures now or hereafter a port of the property. All reptacemenls and addllbns shall also be covered by the Security Inelnxnenl. All of the foregoing is referred to In this Security Instrument as the *Property. BORROWER COVENANTS IMI Borrower to lawfully seized ol the estate hereby conveyed and has the right to mortgage. grant and convoy IM Property and that the Properly Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to his Property against all claim$ and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combinee uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security InNrume it Covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment Of Pllnpipal endinW"I; Prepayment Shill LAW ChIWS. Borraaer shall promptly pay when due the priricipal of and Interest on the debt evidenced by IM Note. 9, TOxoe. The Mortgagor will pay all taxes, a tieliVf_,_ r a VW% or rates prior to the accnial of any penalties or interest Thereon. 1 TM Matgegor shall pay or cease to M )0,� ,Ills same respecllVely qm,A (A)(1) all lazes and governmental charges of any Mind wMleoever whkh may al any Oma M level ty old Lsed or levied against or with )spec o the Property, (2) all utility and other charges, Ineltxlkg eerWce she a', incurred or for IJ �)p0anal inlenanse c u, oec,� pa , upkeep and improvement Of the Property, and (3) all assessments or dher govemmenlel $ rose Jiwl dt§yriawlully M paid' i etalimon ova a period of years, IM Mortgagor shall be abllpelW Under gage fo pay oycau to omy se ini a n,Is� ere ed 1 be paid during the term of the Mortgage, and atoll, prarply wryer Ihe payment d an d I to M 1 e ueh 3. Applba110n W %yneme. Uni ore a ebb w o ids I , II nis r .aived by Lender shall be applied; that, tc Imarosl due; and to princlpel due; end teal, en at cM $ u t ote. 4. LINK. Borrower BM W a , e a l ,.A r s, t itlons attributable to IM Property which may aMln pdodty over This Security Inetmmenh a ¢e taltl payments or grow rents, any. r shall promptly furnish to lender all notices d annuals to be paid unbr This pare rgpil,\pnd all receipts evkiencl be Pa Is.a7 uomower anon F` "' uec 4 an 1 n %fthtalspdonty, over InR ujltyJh 1 nl unless Borrower; (a) apnoea in wilting to the payment of the oblipatlon secured by IM Ile ocepleblato Londe , b 5 a a In goodFaith led Ibn by, or defends against enforcement of IM Ilan In, lapel proceedings W r's opinion operate I v (Ihe enforcement of IM lien; or (c) secures from the holder of the Ilan an agreement satisfactory to Ld"ling IM Ilam t unity Instrument. II Lender delermires IMI any part d iM Property la augecl to a Ilan whkh may eftaln polI Ir n ,Loader maygive Borrower a nolkeidenllyGg the lien. Borrower shall satiety the Ibn or lake one Or more of the%fion a -within 10 days of IM giving of ncikre. 0. Hazard a Property Insurance. Sommer shall keep I mprovemems now existing or hereafter erected on the Property Insured against Ives by hire, hazards Included within the ten 'extended coverage' and any other hazards, irtcludinq floods or flooding, for which Lender requires Insurance. This insurance shall be maintained in IM amounts and for the period& IMI Lander requires. The insurance carder providing the inwrancs "If be chosen by Borrower subject to Lenders approval which shall rid be unreasonably withheld. If Borrower fails to maintain coverage described above. Lender may, at Lenders option, obtain coverage to protect Lendeea rights In the Property in accordance with paragraph 7. At all lima that the Note to outstanding, the Motgagor shall maintain Insurance with respect to IM Premises against own dales and for such amuunls as are customarily Insured agal urt and pay, as the same become due and payable, all premiums In respect thereto. Including, but not limited to. all-dak Insurance prolmllnq the Interests of the Mortgagor and Mortgagee against lova or damage to IM Promises by fire, lightning, and other cawanlee cuslomadly Insured against (Including boller explosion, It appropriate), with a unilom standard extended coverage endorsement, including dsbds removal coverage. Such insurance at all times to be In an amount not leas than the full replacement oat of IM Premises, exclusive of footings and founded". All Insurance policies and renewals shall be acceptable to Larder and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lander requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal Whose. In the event of lose, Borrower shall give prompt notice to the Insurance carder and Lender. Lender may make proof of loss it not made promptly by Borrower. Union Lender and Borrower othemlee agree in writing, insurance Proceeds shall be applied to reaoraion or repair or the Property damaged, If the restoration or repelr Is economically feasible and Lenders security Is not lessened. It IM matorailon or repair is not econonacally feasible or Lenders security would be lessened, the Insurance proceeds shall be &ppoed to the sumo secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Properly, or does not answer within 30 dsya e Milks from Lader that the insurance carrier has offered to "his a claim, then Lender may collect the Insurance proceeds. Lender may use the proosWe 10 repair or restos the Property or 10 pay eons secured by INS Security Instrunem, whether or not then Ute, The 30 -day period win begin when the notice is milled. Union Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall rat extend or postpone the due dole of IM monthly payments referred to In paragraph 1 or charge the arrow t of IM paymems. If under pare 21 the Property b acquired by Lender, Bprrowers right to any Insurance policies and proceeds resulting from damage to the Property pd« opa the acgtusitlon shelf pass to Lender to IM extent at IM atm$ secured by INs Security Instrument Immediately prior to the acquisition. 6. Otcuperroy, Preservation, Malnlamence and Protection of IM Properly; Borrawr's Leon ApplkaBon, LaaeahWde. Borrower shall occupy, establish, and use IM Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and "it continue to Occupy the Property as Borroxars principal residence for at least one year offer the date of occupancy, unless lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating cimumstances exist which ala beyond Borrowers control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or comMt waste on IM Property. Borrower shell be in default 11 any forfeiture action or proceeding, whether civil of criminal, is begun that in Lendse$ good faith judgment could result in fodeilure of the Property w otherwise malerlelly Impair the Ilan created by this Security Inatrrmem or Lenders security Interest. Borrower may cure such a defauft and reinstate, as provided In paragraph ie, by causing the action or proceeding to be dismissed with a ruing that, In Larders good faith determination, precludes forfeiture of IM Borrowers Interest in the Property or other material Impairment d the lien created by this Security Instrument or lender$ security Interest. Borrower shall also be in detaufi if Borrower, during the Ian application process, gave meledaliy false or maccurele Information or statements to Linder (or hailed to provide Lender with any material Information) in connection with IM ban evidenced by IM Note, Including, but not limited lo, representations conceming Somomes occupancy, OR; 3018 PG; 3446 of the Property as a principal residence. It this Security Instrument is on a leasehold, Borrower shall coopiy with all the provision of the lease. If Borrower acquires lee title to the Property, the leasehold and the lee title shall not merge unless Lender agrees to the merger In writing. 7. Protecllon of LenW& Rights In the Property. If Borrower tails 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 Properly (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 prionty over this Security Instrument, appearing in court, paying reasonable attorneys' teas and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment. these amounts shall boar interest from the dale of disbursement at the Nota rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. & Mort" Insurance. Il Lender required mortgage insurance as a condilion of making the ban secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. It, 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 elf%[, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in leu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lander, it mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained, Borrower shall pay the premiums required to maintain mortgage insurance in effecl, or to provide a loss reserve, until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or appiicabte law. 0. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection Specifying reasonable cause for the inspection. 10. CorNMmnallon. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other laking 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 laking of the Properly, In which the lair market value of the Property immediately before the taking is equal to or greater than the amount of the sums Secured by this Security Instrument Immediately before the laking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shalt be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial laking of the Property in which the lair market value of the Property immediately before the laking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone..tgedue-date.ot the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrows Not urea by Im Forbearance,By�1�s�Mr j yy Lender%t sloe of the time re payment or r shall not of amortization of the sums secured b this SecurityI r ferried b Lander asaor in interest of Borrower shall not operate to release the Ilability of the original Borrower or BoniJ a uCCMorein inleresl. Len a a not nd required to commence proceedings against any successor In interest or refuse too Snell QLpaynenl0r otherwise rrc i an Nzetion of the sums secured by This Security InslrumeM by reason of any demalM made by he or in I rrowee r -Bono succes are i interest. Any forbearance by Lender in exerclsing any right or remedy ahall riot be a Give of or prat a It" erctse o any right r re edy. 12. Ol bind a d and t ssigmtthe suc M; n411 1 1, It if ; Q no a ovegnams and agreements of this Security Instrument sha ll IT neiitthesucov ors (alLislab of a nd orr(b r, .lot e Provisions of gem rapt. 17. Borrowara cov nanl An a r ill s II b u e s era. An Srnrower woo cosigns this Security Instrument but does nor execute 0e Note; ( i I- s r I s ument I o a, rant and cone that Borrowers Interest In the Property under the terms of this Socun 1 a ill; (b) pe Son obi a o t 0 sums secured by this Security Inanxrenil and (c) agrees that Lender and any other Bor wa�r ay agree to extend, i forbo r or 'a any accommodations with regard to the farms o) this Security Instrument or the Note it If$ti mowers consent. 13. Loan Chor0 rs. h lha loan recur Is Security Inslrumam i t a 1 IS which sets maximum loan charges, and that law Is finally Interpreted so that the interest or of r ba he as collected or to be c ad))' connection with the loan exceed the permitted limits, then: (a) any such loan charge shell be red dt amount necessary I e�115a charge to the permitted limit; and (b) any suns already collected born Borrower which exceeded per i�� I I refund t - rrr or. Lender may choose to make this refund by reducing the principal owed under the Note or by making gg""x. Kmgqil1 t o e/ If a refund reduces principal, the reduction will be treated as a partial prepayment willout any prepayment cherpot --- e. 14. Nottess. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Onveming Law; Severablllty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 10, BYnraw'er'e Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Propnty or a Beneficial interest in Borrower. It 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 Landers prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by Ihia Security Instrument. However, [his option shall net be exercised by Lender it exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lander shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the dale the notice Is delivered or mailed within which Borrower must pay all sums secured by this Securily Instrument, It 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. 10. BomoswYs Right to Reinstate. It Borrower meas cenein conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any Ilme prior to the eadiar of : (a) 5 days (or such other period as applicable law may specity 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 ]his Security Instrument. including, but not limited to, reasonable attorneys lees; and (d) takes such action as Lender may reasonably require to assure that the Ilan of this Se:urily Instrument, Lenders rights In the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby 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. 10. Sale of Nota; Change of Loan eervlear. The Note or a partial Interest In the Note (together with this Security Instrument) may be sold one or =to times without prior notice to Borrower. A sale may result in a charge in the entity (known as the *Loan Servicer') that collects monthly payments due under the Note and (his Security Inalrumenl There also my be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change In accordance with paragraph 14 and applicable law. The notice will stale the name and address of the new Loon Servicer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. 00. Hesardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or In the Properly. 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 or Hazardous Sub lances that are generally recognized to be appropriate to normal residential uses and 10 maintenance of the Property. *** OR: 3018 PG: 3447 *** Borrower shall promptly give Lender written notice for any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower looms, 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 lake all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hazardous Substances' are those subalances delined as tonic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic peslcides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, *Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safely or environmental protection, 21, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify; (a) the default; (b) the action required to cure the default: (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall fuller inform Borrower of the right to reinstate alter 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. lithe default Is not cured on or before the date swilled 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 ehomeys fsea and coats of the title evidence. 22. Rotes". Upon payment of all sums secured by this Security Instrument. Lender shell release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. ARorreys' Fees. As used in this Security Instrument and the Note, 'aftorneys' lees'shall Include any attorneys' fees awarded by an appellate court. 24. Rldsrs to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as If the riders) were a pan of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Graduated Payment Rider ❑ Ballon Rider ❑ Other(s)(specify ❑ Rate Improvement Rider ❑ 1.4 Family Rider ❑ Weekly Payment Rider SIGNING BELOW, Borrower accepts and agrees to by Borrower and recorded with It. Signed, sealed and delivered In the presence of: / Address: STATE OF FLORIDA COUNTY OF I hereby cenlly that on this day, before me, an officer Condominium Rider Second Home Rider ❑ Planned Unit Development Rider in this Security Instrument and in any rider(s) executed Th ss M. Perkins I a Jbcai� Avenue M. the state aforesaid and In the county aloresaid to take ackrcwledgements, personally appeared Thi rsss M. Psridns and less; J. Covey. Jr. to ma known to be the person(s) described in and who executed the foregoing Instrument and acknowledged before me that (He/ she/ they) executed the same for the Purpose therein expressed. WITNESS my hand and official seal In the County and My Commission Expires: (Seal) File#: 02-174 ofY 20 C J " 3.P i11IXIl0'K: N. Mr CCMMI$Sk7NY 'oMN14 Enn9F< r Novembei 22, 2005 rpxnC MrveO. r+n raov,.ut «� INSTR 4503455 OR 4630 PG 3102 RECORDED 12/8/2010 9:17 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 OBLD $0.00 OBLI $0.00 SECOND MORTGAGE THIS SECOND MORTGAGE ("Security lnslrument")is given on [6 dayof NJee•,IU . 2010. The Sewnd Mortgagoris Myriam Selde, a single person ("Borrower'). This Security Instrument is given to Collier County ("Lender), which is organized and existing under the laws of the United Slates of America, and whose address is 3339 E. TampiiaTrail, Naples, Florida 36112 . Borrowerowesl-anderlhesumof Three Thousand and 00/100 Dollars (53,000.00), This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ("Seconal Mortgage'), which provides for monthly payments, with the full debt, If not paid earlier, due and payable on sale of property, refinance, or loss of homestead exemption This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with Interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County,Fferida. As more particularly described as Lot 69, Liberty Landing, Collier County, Florida and which has the address of: ("Property Address"): 3800 Justice Circle Immokielee Florida 34142 (Address) (City) (State) (Zip) TOGETHER WITH all the Improvements royalties, mineral, oil and gas rights and profits, w and additions shall also be covered by the Securih BORROWER COVENANTS that Borrow convey the Property and that the Property is un en the title to the Property against all claims and dem Interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay thereon. The Mortgagor shall pay or cause kind whatsoever which may at any time be L including "service charges", incurred or [real obligated Under the Mortgage to pay Or cause tVf shall, promptly after the payment of any of the fo 3. Application of Payments. Vnlese. Interest due; and, to principal due; and last, to any 4. Charges; Liens. Borrower shall pay attain priority over this Security Instrument, and ler notices of amounts to be paid under this pamgrapl Borrower shall promptly discharge any II, the payment of the obligation secured by the lien li enforcement of the lien in, legal preceeding. whici n which has prl in the Lenders L and all easements, rights, appurtenances, rents, or hereafter a pan of the property. All replacements red to In this Security Instrument as the'Propeny'. conveyed and has the right to mortgage, grant and covenants with limited variation by eptly pay when due the principal of and to the seems[ of any penalties or Interest all taxes and governmental charges of any 'roperty, (2) all utility and other charges, Wan and improvement of the PmnelW. and Mortgage, and �fs received by Lender shall be applied; first. to 1 impositions attributable to the Property which may Borrower shall promptly furnish to Lender all If Lender determines that any part xrower a notice Identifying the lien. of notice. against loss by fire, hazards Included within the ten 'extended coverage' and any other hazards, Including floods or flooding, for which Lender requires Insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires, The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all limes that the Note is outstanding. the Mortgagor shall maintain Insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to , ail -risk Insurance protecting the Interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily Insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of feelings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. Leader may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing. Insurance proceeds shall be applied to restoration or repair of the Property damaged, If if W restoration or repair Is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Income. 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 30Eay period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone (he due date of the monthly payments referred to in paragraph t or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Presentation, Maintenance and Protection of the Property; Borrowers Loan Application,Leaseholds. Borrower shall occupy establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the dale of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that In Lenders good faith judgment could result in forfeiture of me Property or otherwise materially impair the lien created by this Security Instrument or Lenders security Interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In Lenders good faith determination, precludes forfeiture of the Borrowers Interest in the Property or other material GR 4630 PG 3103 impairment of the lien mated 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 tor 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 title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 7. Protection of Lenders Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there Is a legal proceeding that may significantly affect Lenders 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. Lenders actions may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court, paying reasonable attorneys` fees and entering on the Property to make repairs. Although Lender may lake action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rale and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender requited mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. If, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain Coverage substantially equivalent to the mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage Insurance coverage Is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or wased 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 Leader requires) provided by an Insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance In effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and Inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award at claim for damages, director consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total laking 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 Miriam of the Prooedv. in which the fair market value of the Prouty, immediately realer than the amount of the sums agree in writing, the sums securedl unless Borrower and secured by this Sec. appgulion of procee the amount ofsuch p ammth alien of the sums secured bl release the liability of the original Br analost any successor in Interest or made taking, unless :r otherwise agree in writing, any referred to in paragraphs 1 or change me for payment or modification of i required commence proceedings to b required to commencep by ngs m Ion of the sums secured by this Security ) rest. Any forbearance by Lender In 12. Successors andt Solsuc Baud J 1 to If Several Liability Ig em variants end agreements Of this Security Instrument shall bind and benefit the successor gflsigns of lender antl Bor r, u e the Provisions of paragraph l7. Borrowers covenant dP eemenls shall be joins an a V ny Borrower who co-signs this Severity Instrument but does not executelhe Note; (a)Is co-I(f�curity lnSWmenyo gq�dgage, grant and convey that Borrowers interest In the Property under the terms of this Security Insbu IgI o4persooall oVy a e 6 pay the sums secured by this Security Instrument; and(c)agrees that Lem and any other Borrower may ayrr��t d r�ngd�p��, or r or make any accommodations with regard to the terms of this Security Instrument or the Note without That Borrowers2onc 13. Loan Charges. Il the loan secured by this Security Instrument Is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the Interest or other loan charges collected at to be collected in connection with the too 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 Ibis refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14, Notices. Any notice to Bofrowef provided for in this Security Instrument shall be given by delivering It or by mailing It by first use of another method. The noun shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 16. Governing Law, Severabllity. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is tooted. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the confileing provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Cony, Borrower shall be given one conformed copy of the Note and ofthle Security Instrument. )to Beneficial Interest in Borrower. If all or any part of the Property or any interest In itis sold or )mower is sold or transferred and Borrower is not a natural person) without Lender's prior written a immediate payment in full of all sums secured by this Security Instrument. However, this option shall prohibited by federal law as of the date of this Security Instrument. all give Borrower notice of acularalion. The notice shall provide a period of not less than 30 days ailed within which Borrower must pay all sums secured by this Security Instrument, if Borrower fails to his period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 16. Borrowers Right to Reinstate. If Borrower meets cerialn 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 sate of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, Including. but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the use of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (togelherwith this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servior) that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Serviwr, Bonewerwili be given written notice of the change in accordance with paragraph 14 and applicable now. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone also to do, anything affecting the Property that is In violation of any from the date th pay these sums *** OR 4630 PG 3104 *** Environmental Law, The preceding two sentences shall not apply to the presence, use, or storage on Ne Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene. other nammable of toxic petroleum products, toxic pesticides and herbicides. volatile radioactive materials. As used in this paragraph 20, "Environmental LoW means federal laws and laws of the jurisdiction where the Property is ]..(ad that relale to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the aollon required to cure the default; (c) a dale, 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 byludiclal 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 attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any association costs. 23. Attorneys' Fees. As used In this Security Instrument and the Note, "aftorneys' lees" shall Include any attorneys' fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rale Improvement Rider ❑ Condominium Rider ❑ Graduated Payment Rider ❑ 14 Family Rider ❑ Second Home Rider ❑ Balloon Rider ❑Biweekly Pay e -RfR. CtP d Unit Development Rider ElOlher(s) (specify ��/""��yx SIGNING BELOW. Borrower accepts and by Borrower and recorded with it. Signed. realef mIl dehmred in the press STATE OFLF ORIOA InstNmeat and In any riders) executed COUNTY OF COLLIER I hereby sanity that on this day, before me, an ofhcerduly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared L4yriem saide tome known to be the person(s)described in and who executed the foregoing Instrument and acknowledged before me (hat (Hof shel they) executed the same for the purpose therein expressed. WITNESS my hand and official seat in the County and Slate aforesaid this IS ddayof 40ele rJr: ,2010. My Commission Expire�Cx''r�Q"MA LO" ' =1' /C�i v O\l Ail, � d./ - 11 _ , /1! ' ?,: �jp Tq ,Al 'Notary Ppblics Signature G (Seal) '"xrce '���F %JOFnlo- 9, in 1 bU zq.,rrs" - NotaNs Printed Name File#: 09-308 INSTR 5172201 OR 5194 PG 3846 RECORDED 9/16/2015 1:17 PM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.35 $70.00 INT@.002 $40.00 REC $52.50 OBLD $20,000.00 OBLI $20,000.00 Prepared by and Return to: Mandy Moody Collier County Community 8 Human Services Division 3339 E. Tamiami Trail, Building H, Suite 211 Naples, Florida 34112 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE �f THIS SECOND MORTGAGE ("Security Instrument") Is given on 1 day of A Ug U Sr , 2015. The Third Mortgagor is: Kelly A. Meek and Deborah Meek, a married couple ("Bonower'). This Security Instrument Is given to Collier County- SHIP ("Lender'), which is organized and existing under the laws of the United States of America, and whose address is 3339 E. Tamiami Trail, Naples, Florida 34112. Borrower owes Lender the sum of Twenty Thousand and 00/100 Dollars ($20,000.00). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument ("Second Mortgage"), which does not provide for monthly payments. The full debt, if not paid earlier, is due upon sale of the property within the fifteen Year term. II sold after the fifteen year term, no repayment is required. As long as the borrower 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 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 Borrowers covenants and agreements under this Security Instrument and the NOW For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located In Collier County, Florida. As more particularly described as: GOLDEN GATE EST UNIT i�_75F-T-OF TR 114114 and which has the address of: ("Property Address"): 260 6°" St NK /�Ia�lt�zi ��)UA L 34120 TOGETHER WITH ]]in improveman))� no / rImeafte(erected on the pro Hy, A or all easements, rights, appurtenances, rents, royalties, mineral, oil an gas oghls and profits 5vate rng@)seed sisereatedell eras no or h reafler a Pad of iha property. All replacements and additions shall also be covered by the Se rily hstrumen[ 1)IlyEth foregoi g is rate ed t in this Security instrument as the "Property". BORROWER COVENANTS that eo row �'li-w(q11 bd �or E'-3 re env no and has the right to mortgage, grant and convey the Property and that the Property is nen ml�eI ex p forte c br re ord. Borrower warrants and will defend generally the title to the Property against all claims and em tls, su41 et o ny E c ran re d. THIS SECURITY INSTRUMENT co Gf0 r�defrAeee3n/s`r tions s n on uniform covenants with limited variation by jurisdiction to constitute a uniform security ins it t covering real property. UNIFORM COVENANTS. Borrower r�r)''L oder covenant and agre as foil cos: :� 1. Payment of Principal and Interes',ib, ayment and Late Charge or rue hall promptly pay when due the principal of and interest on the axes evidenced by the Note. �f 2. Taxes, The Mortgagorby the will pay ail tax s asmends, sewer renis oy+taerr i les prior to the accrual of any penalties or interest thereon.j.'� The Mortgagor shall pay or cause to be paid, a 4pe Teyiespagllve b0 me due, (A)ft) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assesserr77or- eLLd Aga SI orwilh respect to the Property, (2) all utility and other charges, including "service charges", incurred or Imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or rause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, ail payments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in goad faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, Including goads or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Propeny in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, Including, but not limited to , all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, If appropriate), with a uniform standard Wended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders secualy Is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may collect the Insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the miles is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property poor to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. OR 5194 PG 3847 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Barrowees principal residence within sixty days after the execution of this Security Instrument and shall continua to occupy the Property as Borrowers principal residence for at least one year after the dale of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to detedomte, or commit waste on the Property. Borrower shall b, in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers interest In the Property or other material Impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or measurers 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 Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights in the Property. If Borrower falls to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, 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 Lenders rights in the Property. Lenders actions may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrowersecwed by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear Interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained, Borrower shell pay the premiums required to maintain mortgage Insurance In effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends In accordance with any written agr emya a ep or ower and Lender or applicable law. 8. Inspection. Lender or its agent may makeje `§�OLnidasW� ii a`ndyy' apections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection spec o�Fe bo ablScause forr -4�9xp�pli n. 10. Condemnation. The proceeds of a )( We jj or claim for damages, di a or onsequential, in connection with any condemnation or other taking of any part of the Property, or for nvVn!c1e m lieu of condemnation he by assigned and shall be paid to Lender. In the event of a total taking or the Propedy, the prose ds s alt�ap ip eTllgJhe su secure by thi Security Instrument, whether or not then due, with any excess paid to Borrower. In the even o/ a artla iaking of Prop, y in whic� he f it market value of the Property immediately before the taking is equal to or greater than th am u 4t e s alts. dhy t ' or Ins mment immediately before the laking, unless Borrower and Lender otherwise agree in Win g, th u��t��tnnnnnna Eur dpyjA �Pu t In it at s all be reduced by the amount of the proceeds multiplied by the following fraction: (a) the tat I�m un f tl s sk e 'jBuue be o f a laking, divided by (b) the fair market value of the Property immediately before the taking. e1 noB• he b p d to onow . I in e t of a partial taking of the Property in which the fair market value of the Property numeric [itp fo h tekingr a sihq, the on t sums secured immediately for the taking, unless Borrower and Lender otherwise agree 4v g or unless applicable 1� tithe iso ro Y as, the proceeds shall be applied to the sums secured by this Security Instmment whether or sol sums are Then due. Uci, L rid fanswer otherwise agree in writing, any application of proceeds to principal shall not ext r osipone the tlue tlate 611 o hly, yments referred to in paragraphs i or change the amount of such payments, j' 11. Borrower Not Released, Fordboarand n er Not a aralv�. �S of the time for payment or modification of amortization of the sums secured by this Security Ine r hi r dby-Len a� ib, n uccessor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers a -. LI G1t Z.— der shall not be required to commence proceedings against any successor in interest or refuse to extend time for pay and er-ot noise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lentler may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by fort Gass mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabilfty. This Securily Instrument shall be governed by federal law and the law of the jurisdiction In which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note cannicis with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial interest in Borrower. If all or any part of the Property or any interest in it Is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Landers prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. if Borrower meals certain conditions, Borrower shall have the right to have enforcement of this Securily Instrument discontinued at any time prior to the earlier of: (a) 6 days (or such other partial as applicable low 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 than 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; (a) pays all expenses incurred in enforcing this Securily Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Landers rights in the Property and Borrowers obligation to pay the sums secured by this Securily Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations OR 5194 PG 3848 secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Nate (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, if there Is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will 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. 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 pressure, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental LaWmeans federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers 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; of a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. if the default is not cured on or before the date specified in the notice, Lender, at Its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costa! ' 23. Attorneys' Fees. As used in this Secmd A st ur otkhdYh� ,}aTtyrneys' fees" shell include any attorneys' fees awarded by an appellate court. �l� \" {/T� 24. Riders to this Security Instrument r more riders are exec d fly mower and recorded together with this Security Instrument, the covenants and agreements of sayy s rider shell be Incorporated in and hall amend and supplement the covenants and agreements of this Security Inslmment as iF Ihe,fider re a pad.oLlhiS Sequ(i(y I�t�ru(nen . (Check Applicable Box) ❑ Adjustable Rate Rider ❑ ❑ Graduated Payment Rider ❑ ❑ Balloon Rider ❑ ❑ Other(s) (specify MICBELMAE ESTES SIGNING BELOW, Borrower accepts and agree t arms and by Borrower and recorded with it. ,G Signed, sealed and delivered in the presence of.70f Signature: -' Kelly "ask STATE OF FLORIDA iinlum Rider Home Rider Unit Development Rider in any rider(s) executed Signature: Y� T VL/A . z—ti J YI sye Deborah Meek Address: 2950 49eh Lane SW Naples, Florida 34116 COUNTY OF COLLIER (Reck 1 hereby certify that, Kelly A. east and Deborah Meek personally appeared to me known to be the person(s) described In and who executed the foregoing Instrument and acknowledged before me that B-10 she/ Qexecuted the same for the purpose therein expressed. ,`'1r WETNESS my hand and of(�'�cial,�seat County and State aforesaid this 1� day of 1�in`�the My Commission Expires:_ �___ ���\ ____ ass` � - - (Seal) MICBELMAE ESTES Commrsfnn 4FFIBB624 Notary Public's Signature My Cnnnlllsslon Ex Its$ Fa I g9 Notarys Printed Name Ideptlty verlfled by Produced Driver'S Ucense 0 Produced Passport SHIP Filefl: 14-012 O Personally Known SHIP Purchase Assistance Program 0 Other: INSTR 4787275 OR 4875 PG 3764 RECORDED 1/15/2013 11:56 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC9.35 $70.00 REC $44.00 OBLD $20,000.00 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE ("Security Instrument") Is given on day of 2012. The Second Mortgagor is: Marivelis Rodriguez Acosta, a single person ("Borrower'). This Security Instrument is given to Collier County SHIP TRUST FOND ("Lender"), which is organized and existing under the laws of the United Stales of America, and whose address is 3339 E. Taxi Trail, Naples, Florida 34112. Borrower owes Lender the sum of Twenty Thousand and 00/100 Dollars ($20,000.00). Thisdeblis evidenced by Borrower's Note dated the same date as this Security instrument ("Second Mortgage"), which does not provide for monthly payments. The full debt, if not paid earlier, Is due upon sale of the Property within the fifteen year term.If sold after the fifteen year tern, no repayment Is required. As long as the borrower 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, extenslons 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 Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located In Collier County, Florida. As more particularly described as Golden Gate Est Unit 74E 76FT of W 160FT of Tr 25 Or 1986 Pg 788, of the Public Records of Collier County, Florida and which has the address of: ("Property Address"): 3270 lou' Ave NE Naples FL 34120 (Address) (City) (State) (Zip) TOGETHER WITH all the Improvements now or hereafter erected an the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stack and all fixtures now or hereafter a part of the property. All replacements and addiflons shall also be covered by the Security Instrument. Allytlbe-faiq going is referred to in this Security Instrument as the "Property'. BORROWER COVENANTS that Borrower is lawf lly g'�'r} po¢¢thpp ggs]]otehereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencum"r d;*Tr,BA}if3Ge�nGbrfifzrd of record. Borowerwarrants and will defend generally the title to the Property against all claims and demes effo a bany encume7a =2a r cord. THIS SECURITY INSTRUMENT combingra f covenants for nations s n non-uniforn covenants with limited variation by jurisdiction to constitute a uniform security instrument vedng at property, UNIFORM COVENANTS. Borrower gildL tl��rryyovena tanda BIT sfolio 1. Payment of Principal and Inlere€t; P pa)/nier4Fa(rit e Charg s. users er s all promptly pay when due the principal of and Interest on the debt evidenced by the Note. 2. Taxes. The Modgagor will pay Il tax es I a w tso t r tea or to the accrual of any penalties or interest thereon. The Mortgagor shall payor cause t e (d,Zs a r p c ely be in d ei (1) all taxes and governmental charges of any kind whatsoever which m; 11 s es ed offset against or TeSIF he Property, (2) all utility and other charges, Including "service charges",Incurred or Irapa & ff�9f!he operation, mainlanan�p� "use, occubaqq� , upkeep and improvement of the Property, and (3) all assessments or other Governmental the a5' h t may lawfully be paid h;�ntatal e)r(5. J r a period of years, the Mortgagor shall be obligated antler the Mortgage to pay or cause to �r�only such Installments a pk�i to be paid during the Fenn of the Mortgage, and shall, promptly aaerihe payment of any of the for qng rward to Mortgagee evid bF uch payment. 3. Application of Payments. Unless app 1 a rovides otherxi� all a ants received by Lender shall be applied; first, to Interest due; and, to principal due; and last, to any late soh gepne-umdeF•lh€No(@ l 4. Charges; Liens. Borrowershali pay all taxes, a@s gtsy �r�¢s, nes and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments arground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencinn the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep rhe Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or goading, for which Lender requires Insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property In accordance with paragraph 7. At all times that the Note Is outstanding, the Mortgagor shall maintain Insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same became due and payable, all premiums in respect thereto, Including, but not limited to , all-risk Insurance protecting the Interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, If appropriate), with a uniform standard extended coverage endorsement, Including debris removal coverage. Such Insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, Insurance proceeds shall be applied to restoration or repair of the Property damaged, If the restoration or repair is economically feasible and Lenders security Is not lessened. 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, of does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the Insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. if under paragraph 21 the Property is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days atter the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, Is begun that In Lenders good faith judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lenders security Nva OR 4875 PG 3765 Interest. Borrower may cure such a default and reinstate, as provlded In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In Lenders good faith determination, precludes forfeiture of the Borrowers Interest in the Property or other material Impairment of the lien created by this Security Instrument or 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 Borrowers occupancy of the Property as a principal residence. If this Security Instrument is an a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 7. Protection of Lender's Rights In the Property. If Borrower falls to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, 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 Lenders rights In the Property. Lenders actions may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so, Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terns of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. If, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously In effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage Insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an Insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. e. Inspection. Lender or its agent may make reasonable entries upon and Inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of candemnatlon, 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 (his Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property Immediately before the laking is equal to or greater than the amount of lhgg..su tyre-- this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the surs4gc ( Ilfis- At itn5,lrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amougt Lf(t211 �ms secim At Qiha e) afore the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any NpI n hall'a paid to BorTqodigi h event of a partial taking of the Property In which the fair market value of the Property immediatelyp/,efdrE�1 staking is less than the a" he he sums secured Immediately for the taking, unless Borrower and Lender otherwise agree inpvnting'ofnniessz Iicable la o(heivi5@ pro ides, the proceeds shall be applied to the sums secured by this Security Instrument whether orfiot tl'e su s-ar then due. le s Lends} and orrower otherwise agree In writing, any application of proceeds to principal shall note end r �si o I to oR e m h pa ants referred to in paragraphs i or change the amount of such payments. th 11. Borrower Not Released, Forb are e L d r of a to on ofth time for a ment or modification of amortization ofthe sums secured by this Sec ri f Sir me r nt d e err to y u s In Interest of Borrower shall not operate to release the liability of the original Borrower or or we c ml to t. Le eh o be required to commence proceedings against any successor in interest or refuse to �i time forpaymentoroth isem dify o ization of the sums secured by this Security Instrument by mason of any demand made by 1 trot Borrower ar Borrow sus orad Interest. Any forbearance by Lender in exercising any right or remedy shall not be a wa e r preclude the exerclse6 on ri emedy. 12. Successors and Assigns Bound; o nt d Several Liability; Co$ he covenants and agreements of (his Security Instrument shall bind and benefitthe auccessorsa aggsl nS�of Lender and Borow r, u) ct to the PfowlSlens ofparagmph 17. Borrowers covenants an `a 2efdeFile. aha6 ¢e.joi8(�a eral. Any Borrowerwho co-signs this Security Instrument but does not execute the Note; (a)is co-sign B.�h4444yvgcufIty In@1 ��pen,efifilly to mortgage, grant and convey that Borrowers Interest In the Property under the terms of this Security InsWment;(bT1, Ad1 >Loir311 bbligaled to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Nate without that Borrower's consent, 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law Is finally interpreted so that the interest or other loan charges collected or to be collected In connection with (he loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering It or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided In this paragraph. 16. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers 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. list[ or any part of the Property or any Interest In It Is sold or transferred (or if a beneficial interest In Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent. Lender may, at Its option, require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise Is prohibited by federal law as of the dale 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 of mailed within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lander may invoke any remedies pe nnIted by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of : (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of ajudgment 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 accaleralion had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights In the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and (he 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. 18. Salo of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more limes without prior notice to Borrower. A sale may result in a change in the entity (known as the"Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Sendcer, 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. uP_o OR 4875 PG 3766 20. Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 20. "Environmental LavPmeansfederal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less then 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 other defense of Borrower to acceleration and foreclosure. If the default Is not cured on or before the date specified in the notice, Lender, at Its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 21. Including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 23. Attorneys' Fees. As used In this Security Instrument and the Note, "allomeys' fees" shall Include any attorneys' fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as if the ddeds) were apart of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rale Improvement ❑ Graduated Payment Rider ❑ 1A Family Bluey ❑ Balloon Rider ❑ Biweekly P yf� ri ❑ Other(.) (specify 0 j SIGNING BELOW, Borrower accepts by Borrower and recorded with it. Signed, seytedkap t ere p', Signature: Signature: -14W4Pj /"\OVA M Condominium Rider Second Home Rider Planned Unit Development Rider and in any riders) executed N Address: 3270 10m` Ave NE Naples, FL 34120 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, 14arivelis Rodriguez Acosta before me, an officer duly authorized in the state aforesaid and In the county aforesaid to take acknowledgements, personally appeared to me known to be the person(s) described In and who executed the foregoing Instrument and acknowledged before me that (He/ she/they) executed the same for the purpose therein expressed. WITNESS my hand and official seal In the County and S1t fore. 'd.ih day 2012. My Commission Expires:' P lids Signature (seal) Frances S. Legdan Notary's Printed Name ^°'"� Na,arvvuolic Gale orneuo ,p. k Frances Slegden <. Ida eommlaelnn EE15gge4 '> E.m_s r" irrsne SIIIP File#: 11-070 SHIP Purchase Assistance Program Collier County Housing, Human & Veterans Department 3339 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112 Revised: 10/2012 Retn: CARL SUGARNAN PA 17345 S DIXIE HWY VILLAGE PALWBTYO BAY FL 33157 SECOND MORTGAGE 4163975 OR: 4358 PG: 3821 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 081D 22800,00 05109/2000 at 02:52PH DWIGHT E. BROCK, CLERK OBLI 22800.00 RBC FEE 44,00 DOC -,3S 79.60 THIS SECOND MORTGAGE ("Security Instrument') is given on , 2008. The Second Mortgagor is: Arnold Myrtil, 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 S. Tamiami Trail Naples Florida 34112 Borrower owes Lender the sum of Tweaty Two Thousand Hi ht Hundred and 00/100 D 11 s ($22,800.00) This debt is evidenced by Borrowers Note dated the same dale as this Security Instrument ("Second Mortgage"), which provides for monthly payments, with the full debt, If not paid earlier, due and payable on dale of property refinance or lova f homestead exemption . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect 1he security of the Security Instrument; and (c) the performance of Borrowers covenants and agreements under this Security Instrument and In Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly desuibed as Golden Gate Unit 2 Part 2 Bilk 63 Lot 16, Collier County, Florida and which has the address of: ("Property Address"): 1921 40th Terrace aw, Naples, FL 34116 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument, All of the foregoing is referred to in this Security Instrument as the "Property'. BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, pxoe tforeneu brances of record. Borrower warrants and will defend generally the title to the Property against all claims and der, andsvvnR tgg e bf n a of record. THIS SECURITY INSTRUMENT combines ant r anents-for-n bd I. s and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security lnstru et��LLl�dsrnfi a[property. p� UNIFORM COVENANTS. Borrower any Le er covenant and agree as Iws: 1. Payment of Principal and Inters t; Pr pay antaQ5 Late Charges. rrow shall promptly pay when due the principal of and Interest on the debt evidenced by the Note. / _. __J thereon. 2. Taxes, The Mortgagor will pay It to es, assess nte,'s warren or wale rate prior to the accrual of any penalties or interest The Mortgagor shall pay or cause o be ai , as e a e r e to a ue, ( )(i) all lazes and governmental charges of any kind whatsoever which may at any time be I wful a sea of I is g sr I ,a IJ the Preperty, (2) all utility and other charges, including "service charges', incurred or impq e t e' a once, u ce In y, upkeep and Improvement of the Property, and (3) all assessments or other governmental c i nje that may lawfully be pa -p insl Ilmer/ r a period of years, the Mortgagor shall be obligated under the Mortgage to pay or taus tpcJ't aid only such instalimen s a e air to be paid during the term of the Mortgage, and shall, promptly after the payment of omy of the o .ng, forward to Mor gag vi n ch payment. 3. Application oT Payments. Unless p lid ble law provides otherwise ants received by Lender shall be applied; first, to interest due; and, to principal due; and last, to an t es due under the N t ,J!' p 4. Charges; Liens. Borrower shall pay a �sess (&.orrb` est In s and impositions attributable to the Property which may attain priority over this Security instrument, and leaseh IVB ry-g5 Ti e if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and ail ace 09i cm the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, if Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice Identifying the lien. Borrower shall satisfy the lien or fake one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erecled on the Property insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards, Including floods or flooding, for which Lender requires Insurance. This Insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall net be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Nate is outstanding, the Mortgagor shall maintain Insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to, all-risk insurance protecling the Interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, If appropriate), with a uniform standard extended coverage endorsement, Including debris removal coverage. Such Insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restora6an or repair of the Property damaged, it the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is mailed. Unless Lender and Borrower Otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property Is acquired by Lender, Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith Judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security OR; 4358 PG; 3822 interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a'ruling that, in Lenders good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security Interest. Borrower shall 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 Lander with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold, Borrower shall Comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders 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 Lenders rights in the Property. Lenders actions may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing in wort, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may fake action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree f0 other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously in effect, at a mat substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shell pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the pedod that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any swam 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 in to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following (motion: (a) the total amount of the sum red immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balan s q"Ii p$idd a rrywar. In the event of a partial taking of the Property in which the fair market value of the Property immediately befor l JsTLnn IeSS��@� ount of the sums secured immediately 10;the faking, unless Borrower and Lender otherwise agree in writl� U legs applicable I th a provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or n ( B are then due. Unles a de and Borrower otherwise agree in writing, any application of proceeds to principal shall not end stpone the due date of the n Ir aymant s referred to in paragraphs 1 or change the amount of such payments. EEELE 11. Borrower Not Released, Forb are ca Wim r yot a Waive . Extens n o the time for payment or modification of amortization of the sums secured by this $e urity/ nsirum nt rtC 6 nd to s or in interest of Borrower shall not operate to release the liability of the original Borrower r Bort6w rs se rs n i es@). e s all Pt be required to commence proceedings against any successor in Interest or refuse t ext d ime f r p y en r erwi m tlify amo izatiop Of the sums secured by this Security Instrument by reason of any demand made 4 ri n r r r o were u s greI Interest. Any forbearance by Lender in exercising any fight or remedy shall not be a y��@((`,'r��Fa(preclo e• a roe - a 0 ry�ryriig rmetly. 12. Successors and Assigns Bo d Jpppppint and Several Llablii • CoStgn T e covenants and agreements of this Security Instrument shall bind and benefit the success yassigna of Lender and ow r, b,��lo the Provisions of paragraph 77. BorroweYs raven B�agreemants shall be o n d Any Borrower who co-signs this Security Instrument bol does not execute the Note; (a) is i min$this Security Instrumeq nl mortgage, grant and convey that Borrowers Interest in the Property under the terms of this Security Ins n( �( is not personal •o tfgat to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any ocher Borrower m'a�� r�ar�r. endJ�o�1Y Ifo Ear or make any accommodatlone with regard to the terms of this Security Instrument or the Nole without that Borrovv7erg �g'nt�lf 13. Loan Charges. If the loan aecuretl by this Secu'nfytnstramant is subject to slaw which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to 6e collected In connection with the loan exceed limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Iimil; the permitted end (b) any sums already collected from Borrower which exceeded permitted Ilmlte will bb refunded to Borrower Lender mayohoose to make this refund by reducing the principal owed under the Note or making a direct payment to Borrower. If a refund reduces principal, the reducilan will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mall unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shell be governed by federal law and the law of the Jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law• such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrowers 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 said or transferred and Borrower is not a natural person) without Lenders prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period or not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of : (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale 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 (his Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no ameleratlon had occurred. However, this right to reinstate shall not apply in the case of ameleratfon under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result In a change In the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a Change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other Information required by applicable law. OR; 4358 PG; 3823 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in 'his 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, matedals containing asbestos or formaldehyde, and redioacfive matedals. 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, safely or environmental protection. 21. Acceleration; Remetlles. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Seounty In. but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shell 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 of must be cured; and (d) that failure to cure the default on or before the dale specified in the notice may result in acceleration of the sums secured by this Security Instrument, to by judicial proceeding and sale of the Property. The notice shall further inforn 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 Borower to acceleration end foreclosure. If the default is not cured on or before the date specified In the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding, Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 21, Including, but not limited to, reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordalian costs. 23. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. 24. Rider to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders) were apart of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate Improvement Rider ❑ Graduated Payment Rider ❑ Balloon Rider ❑ 1-4 Family Rider ❑ Biweekly Payment RIRR ❑ Olher(s) (specify of SIGNING BELOW, Borrower G�yLR accepts by Borrower and recorded with it. and aget rms and covenants Kl�a Signed, sealedand /liXjJ e d' he presen Witness#1:'` ---� e�� J of:J` Co - ❑ Condominium Rider ❑ Second Home Rider Planned Unit Development Rider Security Instrument and in any rider(s) executed Terrace SW STATE OF FLORIDA COUNTY OF W 1((,r "'r - I hereby certify that on this day, before me, an officer duty authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Arnold Myrtil to me known to be the pumon(s) described in and who executed the foregoing instrument and acknowledged before me that (He/ she/ they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State afex¢sai this ? dayofP'" "" ` 20 �O My Commission Expires: //'`� Notary Public's Slgn (Seal) is Notary's Printed Na "y'°tip- CARL MILTON SUGARMAN `g, Notary Public - Slate of Florida [• My Commission Expires Oct 9. 2010 '.�j(M-4 Commission a DO 500969 '3"�L10 Bonded By National Notary Assn. File#: 08-025 February 28, 2002 THIS SECOND MORTGAGE ('Security Inslmmenl') is given on.lanuary .2002 The Second Mnngegor is: Miguel a Dadra Do Is Crura, Huebert and Wile ('BarroWer). This Security Instrument Is given to Collier COuaty PLender'), which Is Organized end existing under Via taws of the United Stales of Am tka, and whose address is 3050 North eornahoe Drive, 11275, Naples, /lorida 34014 . Borrower owes Lender the sum of live Thousand sad No/300the Dollars (u,S. t 5,000-00 1. This debt is evidenced by Somowees tote dated the same dale as -this hoftumert ('Second Mortgage'), which provides for miruhly payrrente, with IM fust deal. If not paid earlier, due and payable on 'ale o! nroperLY, relinasaoe. or lova o1, hnaeatead sNz4alption This Security Inetmmenl secures IO LaMar. (a) Ihe rapayrren d the debt "danced W Ihe Note, With hderoal, and all renewab. extensions end modifications; (b) the payment of all other sums, with inherent advanced under paragraph 7 to protect me county of the Security tralrumanl; and (c) The ped«mance of Borrowers covenants and agreements, undo! INS Security Instrument and the Note. F« this purpose, Borrower does hereby second mortgage, grant and tansy to Lender the following described Property located in Collier _Canty, Fbdda. As mora pankWary descrih»d as Lot Is, Block 82, Golden Gats, unit 3, canter County, Ftorlde and which has the address of ('Property Address'); 4414 24th Dlaee ant., Naples, 1loridSr 14114 TOGETHER WITH all the ImprovemeNs now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, rNnenl, dl art gas noss and prolits. water rights and stock and all fixtures now or hereafter a pan of the property All replecemems arq addigons shall also be covered by IM Security Instrwenl. Ail of the loregolrq Is referred to In this Security Instrument as the'Propeny'. BORROWER COVENANTS that Borrower is lawfully Seized of the estate hereby connyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances d record. Borrower warrants and wilt defend generally Via Inge to the Property against all chime and demands, subbcl to any encumbrances of record. THIS SECURITY INSTRUMENT comWnes uniform covenants for national use and non.ung«m covenants with limited variation by Jurisdiction to conslitule a uniform security Instrweht covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paym"1 ON PdnWpM and lntio esk Prepayment and Late Charges. borrower shall promptly pay when due the principal Of and Interest an the debt evidenced by the Note. 2. Tax", The Mortgagar Will pay all taxes, a"enanl�ntersewer rnm s or water rales plbr to the accrual at any pashas «interest (hereon. ,RC --• The MMgag« shall pay at cause to be paid a a reapec , due, (A)(1) all taxes and govemmmnlat charges d any kind whosoever which may at any time he bwlullyp� a or levied against to rd 1 to the Property, (2) all utility and other charges, iroi 'service charges', Incurred or i f r ( yl�ration. maintenance. use, upkeep and improvement d the Property, and -„ (3) a�asenrtanb «other govemmenial�Mrlfea t �f �a�J VA "y be paid In Install Ole r a period of years, the Mortgagor shell be obllpaled wrier the MOflgege to pay «Cetus )6 he .. 11 Uchlnslalimenl(rAs afe Is red to be paid our" IM term Of the Mortgage, and arta, promptry atter the payment d ext' d t l« rIn, Orwa qto gages a dome of euchpynwnl. 2, ApplkMbn d Paym"la. V " k d e nvA astpa s eivetl by Larder shalt he applied: Ilhil, to kterest due; and, to pnroipel due; ext bel, o a /et c e d N 4. Chang"• Lbre, Borrower Pe phi t ea, asba q r s, 'rte a ilius anributade to the Manny which may, attain p" over No Sseority Inid- 1, ym'�n W�+d'ants If y. or shall pr«ryly famish to Lender all 1_ "Finis d smarms to be paid under INS pa . a I 1ecitipl0 a rallip the Borrower sw promptly discharge Ip which has priority overt SK I 1 1 unless Borrower; (a) agr"s, in willing to >. Me payment of the obligellorl secured W the Il rranner acceprahle to LeT.y10r; ( 1 c lest In good faith the lien by, Or defends agaiml,n ^ ?- enforcement d the Ian In, legal proceedings wll n Lenders opinion open to pr f) enfarc ur ant of the gen; or (c) secures from , the holder of the Ian on agreement sstleleelory t r,tubarNnatirp the lien 101 d7',7 lrelrumernl. II Larder determines that any paA d tie Property Is stb)ecl to a Ian which may saaIn y, v r IM Security Ins �ru lvefider may Win Harrower a notice identifying the 100 ; `(•yT Borrower shall "gsfy the fan or take o" «more a�`ebllon�tfonhebo�¢¢ wl Iii i)o days of 1M giving d notice. � in s I. Hazard or Property lllaWMn". Borrower II ad�he V}ellymfnow existing or hereafter erected on the Property Ireu m oc against loss by fire, hazards Included within the teml'exte overage' -ext airy ager hazards, including floods or flooding, for which LergMln ragdree keurarce. This Insuron:e sites he melnbined In the emouMe and for the periods that Lender room, The insurance carrier n T � -t PrOWding (he inwhince Mag he thwart by iS«nower eubjacl to larders approval which ghee not be unreasoneay withheld. If Borrower faffio> .=1 melntaln cowrape dassrbetl above, Lender may, al Lerdare oprton. obtain coverage to protect Lenders dghls in de Property In ac.W nr;P Iv wan pengrsptn T. N ant limes (het IM Nds is alslandinp, IM Mortgagor shall maintain Insurance with respect to the Promo" apalnei auac Q naW and f«such am10wle"are CUalomBriy IMUfed agalnsl and pay, as the Same becom, due art payable, all promiume in reapeat the 4 _t Indudlrg, but rut Ibxled to ,all nek Inwrance Protecllrg the interests of the Mortgagor end Mortgagee against baa or damage to the Promrog si by Tiro, IIplNrtng, end other casualtbe cuetamerlty Inwred against (Including boiler explosion, B appropble), with a uniform standard extended' N coverage endasemeN, Including dabrit removal cowroge. Such Insurance at all time to be In an amount not baa than the full replacement ocet d the Promlese, exduelve d lodkge and lo«datiaa. �� All inaurarce polkas and renewals shall be eoceptabb to Lender and shall Include 9W t a standard l mortgage cause. Lender shad rave the right IO Iuld the polkas antl renewals. II Lerxbr regWrea, Bo rawer shall promptly gide to lender est receipts d paid roof of to and renewal relk.es. In Ihe awn d bee, Borrower slag Wve prompt notice to the Insurance carrier and Lender. Lender may make proof of tae H not made prorrplly by Unless Lender r. Leader ext Borrower otherwise agree In writing, insurance proceeds shall he applied to restoration or repair of the Property damaged If the reetorallon «repair Is Scommicaliy feasible and Lenders seouriy is nal harmed. It the restoration or tapir is hot economically leas"s or Lenders Security Would be lessened, the Insurance proceeds Shall be applied to the sums secured by the Security Iminanenl, whether «not then due, with any excess paid to Borrower. II Borrower abandons the Property, or does not answer within 30 days a notice It= Linder that the Insurance carrier has offered to settle a claim, then Lender may cdbcl the insurance proceeds. Lender may use tle proceeds to rV h, ar r"tore the Property at to pay Sums Secured by this Security InaliumaL whether or not (hen due. The Wday period will boon when the notice is mailed, Unless Lender and Borrower otherwise agree In writing, arty application of proceeds to principal shell nal "teM «postpone the due date of the monlNy payments referred to In paragraph 1 or charge the amount of the payments. If under paragraph 21 ale Property Is acOdred by Lender, Borrowers right to any Insurance policies and proceeds nese ing from damage to rho Property Prim 10 de sc oulstlbn Mae pass to Lender to the extent of the share Secured by this Security InshnMed immediately prior to the uqu sigon, 0. OaoulwtsV, proesrvMion, Ms1nt"rue and PnoleoBon d the Property; BarcolwYs Loan ApptkeBon, Leeaelulde. Borrower Shall OCdpy, eelsbliM, art u"the Property as Borrowers pnocipel rasdance wtlNn eWy days agar gni execWbn d Ina Security inelnmor and shall COfnkMle to occupy the Property ale Barnowere pnrcipal resdence Ia al ba61 ane year Mer the dale d aocTpercy, uni"S lender otherwise agr"s In Wrilifg, Which consent shell nal w unreas«ably wllhheld, oro unless extsraegng Ciroumetuc" Oxlal Wlhch an beyond on the Borrowers coNrd. Borrower shell rid destroy, damage «Impair the Property, .lbw the Property to tlelenbnale, or comrNl wage PrOpMy. Borrower shall he In deleuft it any lortekure ecibn «proceetling, whether clvll «criMnel, is begun Ihel in Lendsra goM faits )trdpr"M caub neurit in lodegure d IM Property ar dhenwise materially impair Ihe Ian cr"Ied by this Security InalnrrefN «Landers sscunry Ndereef. eanower may ours such a defwft and relnslate, as Provkbd in pereproph 18, b/ sawing the action or proce"Irq to ba dismissed with a riding Ihel, in Landers good lellh delerminetbn, precludes lodeiture of the Bortoweh inter"1 in Ihe Propany or other melena) Impahmenl d Ile Ian creet«t by Ins Security Inelrurrenl «Lenders security Intereal, e0rr0wen alias also he in wlauft 8 Bonowar, during ge ban appkalbn proeese, gaw malenely fel" «inaccurate Inlormelbn or elatemente Io LMtbr (« lalbd to provide Larder wtth arty material Ntometbn) In conTeOrtbn Wllh IM ben e11 INS Security Ihe Nota, Including, lad rid old, to, fep &W colons c«h all I Borrowers occupancy, 11 the Properly"• PnocWel o the Pre. If , t Secudy Ins n d the is til leasehold, B«nawn shex Lender with all the mge,provision d ge assay 11 Borrower aaratree 1" Wb to the Property, 1M bae6lad end the 1" title shall not merge trtass Lender sprees to the msrgM in writing. 2945131 OR; 2995 PG; 2103 1111a: CWSSIC TITLI SIRVICIS INC RICORDID In the OFFICIAL RICOIDS of COLLAR COURTI, IL 051,0 5000.00 116110 IDRITA IIACB 111 1401 0710112002 it 01:42FR DVIGIT 1, 1111 CLRI OBLI 5000.00 WIITA 11RIR6R FL 51175 81111COND IIURTUOR tic FII 15.50 1XIC•115 17,50 February 28, 2002 THIS SECOND MORTGAGE ('Security Inslmmenl') is given on.lanuary .2002 The Second Mnngegor is: Miguel a Dadra Do Is Crura, Huebert and Wile ('BarroWer). This Security Instrument Is given to Collier COuaty PLender'), which Is Organized end existing under Via taws of the United Stales of Am tka, and whose address is 3050 North eornahoe Drive, 11275, Naples, /lorida 34014 . Borrower owes Lender the sum of live Thousand sad No/300the Dollars (u,S. t 5,000-00 1. This debt is evidenced by Somowees tote dated the same dale as -this hoftumert ('Second Mortgage'), which provides for miruhly payrrente, with IM fust deal. If not paid earlier, due and payable on 'ale o! nroperLY, relinasaoe. or lova o1, hnaeatead sNz4alption This Security Inetmmenl secures IO LaMar. (a) Ihe rapayrren d the debt "danced W Ihe Note, With hderoal, and all renewab. extensions end modifications; (b) the payment of all other sums, with inherent advanced under paragraph 7 to protect me county of the Security tralrumanl; and (c) The ped«mance of Borrowers covenants and agreements, undo! INS Security Instrument and the Note. F« this purpose, Borrower does hereby second mortgage, grant and tansy to Lender the following described Property located in Collier _Canty, Fbdda. As mora pankWary descrih»d as Lot Is, Block 82, Golden Gats, unit 3, canter County, Ftorlde and which has the address of ('Property Address'); 4414 24th Dlaee ant., Naples, 1loridSr 14114 TOGETHER WITH all the ImprovemeNs now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, rNnenl, dl art gas noss and prolits. water rights and stock and all fixtures now or hereafter a pan of the property All replecemems arq addigons shall also be covered by IM Security Instrwenl. Ail of the loregolrq Is referred to In this Security Instrument as the'Propeny'. BORROWER COVENANTS that Borrower is lawfully Seized of the estate hereby connyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances d record. Borrower warrants and wilt defend generally Via Inge to the Property against all chime and demands, subbcl to any encumbrances of record. THIS SECURITY INSTRUMENT comWnes uniform covenants for national use and non.ung«m covenants with limited variation by Jurisdiction to conslitule a uniform security Instrweht covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paym"1 ON PdnWpM and lntio esk Prepayment and Late Charges. borrower shall promptly pay when due the principal Of and Interest an the debt evidenced by the Note. 2. Tax", The Mortgagar Will pay all taxes, a"enanl�ntersewer rnm s or water rales plbr to the accrual at any pashas «interest (hereon. ,RC --• The MMgag« shall pay at cause to be paid a a reapec , due, (A)(1) all taxes and govemmmnlat charges d any kind whosoever which may at any time he bwlullyp� a or levied against to rd 1 to the Property, (2) all utility and other charges, iroi 'service charges', Incurred or i f r ( yl�ration. maintenance. use, upkeep and improvement d the Property, and -„ (3) a�asenrtanb «other govemmenial�Mrlfea t �f �a�J VA "y be paid In Install Ole r a period of years, the Mortgagor shell be obllpaled wrier the MOflgege to pay «Cetus )6 he .. 11 Uchlnslalimenl(rAs afe Is red to be paid our" IM term Of the Mortgage, and arta, promptry atter the payment d ext' d t l« rIn, Orwa qto gages a dome of euchpynwnl. 2, ApplkMbn d Paym"la. V " k d e nvA astpa s eivetl by Larder shalt he applied: Ilhil, to kterest due; and, to pnroipel due; ext bel, o a /et c e d N 4. Chang"• Lbre, Borrower Pe phi t ea, asba q r s, 'rte a ilius anributade to the Manny which may, attain p" over No Sseority Inid- 1, ym'�n W�+d'ants If y. or shall pr«ryly famish to Lender all 1_ "Finis d smarms to be paid under INS pa . a I 1ecitipl0 a rallip the Borrower sw promptly discharge Ip which has priority overt SK I 1 1 unless Borrower; (a) agr"s, in willing to >. Me payment of the obligellorl secured W the Il rranner acceprahle to LeT.y10r; ( 1 c lest In good faith the lien by, Or defends agaiml,n ^ ?- enforcement d the Ian In, legal proceedings wll n Lenders opinion open to pr f) enfarc ur ant of the gen; or (c) secures from , the holder of the Ian on agreement sstleleelory t r,tubarNnatirp the lien 101 d7',7 lrelrumernl. II Larder determines that any paA d tie Property Is stb)ecl to a Ian which may saaIn y, v r IM Security Ins �ru lvefider may Win Harrower a notice identifying the 100 ; `(•yT Borrower shall "gsfy the fan or take o" «more a�`ebllon�tfonhebo�¢¢ wl Iii i)o days of 1M giving d notice. � in s I. Hazard or Property lllaWMn". Borrower II ad�he V}ellymfnow existing or hereafter erected on the Property Ireu m oc against loss by fire, hazards Included within the teml'exte overage' -ext airy ager hazards, including floods or flooding, for which LergMln ragdree keurarce. This Insuron:e sites he melnbined In the emouMe and for the periods that Lender room, The insurance carrier n T � -t PrOWding (he inwhince Mag he thwart by iS«nower eubjacl to larders approval which ghee not be unreasoneay withheld. If Borrower faffio> .=1 melntaln cowrape dassrbetl above, Lender may, al Lerdare oprton. obtain coverage to protect Lenders dghls in de Property In ac.W nr;P Iv wan pengrsptn T. N ant limes (het IM Nds is alslandinp, IM Mortgagor shall maintain Insurance with respect to the Promo" apalnei auac Q naW and f«such am10wle"are CUalomBriy IMUfed agalnsl and pay, as the Same becom, due art payable, all promiume in reapeat the 4 _t Indudlrg, but rut Ibxled to ,all nek Inwrance Protecllrg the interests of the Mortgagor end Mortgagee against baa or damage to the Promrog si by Tiro, IIplNrtng, end other casualtbe cuetamerlty Inwred against (Including boiler explosion, B appropble), with a uniform standard extended' N coverage endasemeN, Including dabrit removal cowroge. Such Insurance at all time to be In an amount not baa than the full replacement ocet d the Promlese, exduelve d lodkge and lo«datiaa. �� All inaurarce polkas and renewals shall be eoceptabb to Lender and shall Include 9W t a standard l mortgage cause. Lender shad rave the right IO Iuld the polkas antl renewals. II Lerxbr regWrea, Bo rawer shall promptly gide to lender est receipts d paid roof of to and renewal relk.es. In Ihe awn d bee, Borrower slag Wve prompt notice to the Insurance carrier and Lender. Lender may make proof of tae H not made prorrplly by Unless Lender r. Leader ext Borrower otherwise agree In writing, insurance proceeds shall he applied to restoration or repair of the Property damaged If the reetorallon «repair Is Scommicaliy feasible and Lenders seouriy is nal harmed. It the restoration or tapir is hot economically leas"s or Lenders Security Would be lessened, the Insurance proceeds Shall be applied to the sums secured by the Security Iminanenl, whether «not then due, with any excess paid to Borrower. II Borrower abandons the Property, or does not answer within 30 days a notice It= Linder that the Insurance carrier has offered to settle a claim, then Lender may cdbcl the insurance proceeds. Lender may use tle proceeds to rV h, ar r"tore the Property at to pay Sums Secured by this Security InaliumaL whether or not (hen due. The Wday period will boon when the notice is mailed, Unless Lender and Borrower otherwise agree In writing, arty application of proceeds to principal shell nal "teM «postpone the due date of the monlNy payments referred to In paragraph 1 or charge the amount of the payments. If under paragraph 21 ale Property Is acOdred by Lender, Borrowers right to any Insurance policies and proceeds nese ing from damage to rho Property Prim 10 de sc oulstlbn Mae pass to Lender to the extent of the share Secured by this Security InshnMed immediately prior to the uqu sigon, 0. OaoulwtsV, proesrvMion, Ms1nt"rue and PnoleoBon d the Property; BarcolwYs Loan ApptkeBon, Leeaelulde. Borrower Shall OCdpy, eelsbliM, art u"the Property as Borrowers pnocipel rasdance wtlNn eWy days agar gni execWbn d Ina Security inelnmor and shall COfnkMle to occupy the Property ale Barnowere pnrcipal resdence Ia al ba61 ane year Mer the dale d aocTpercy, uni"S lender otherwise agr"s In Wrilifg, Which consent shell nal w unreas«ably wllhheld, oro unless extsraegng Ciroumetuc" Oxlal Wlhch an beyond on the Borrowers coNrd. Borrower shell rid destroy, damage «Impair the Property, .lbw the Property to tlelenbnale, or comrNl wage PrOpMy. Borrower shall he In deleuft it any lortekure ecibn «proceetling, whether clvll «criMnel, is begun Ihel in Lendsra goM faits )trdpr"M caub neurit in lodegure d IM Property ar dhenwise materially impair Ihe Ian cr"Ied by this Security InalnrrefN «Landers sscunry Ndereef. eanower may ours such a defwft and relnslate, as Provkbd in pereproph 18, b/ sawing the action or proce"Irq to ba dismissed with a riding Ihel, in Landers good lellh delerminetbn, precludes lodeiture of the Bortoweh inter"1 in Ihe Propany or other melena) Impahmenl d Ile Ian creet«t by Ins Security Inelrurrenl «Lenders security Intereal, e0rr0wen alias also he in wlauft 8 Bonowar, during ge ban appkalbn proeese, gaw malenely fel" «inaccurate Inlormelbn or elatemente Io LMtbr (« lalbd to provide Larder wtth arty material Ntometbn) In conTeOrtbn Wllh IM ben e11 INS Security Ihe Nota, Including, lad rid old, to, fep &W colons c«h all I Borrowers occupancy, 11 the Properly"• PnocWel o the Pre. If , t Secudy Ins n d the is til leasehold, B«nawn shex Lender with all the mge,provision d ge assay 11 Borrower aaratree 1" Wb to the Property, 1M bae6lad end the 1" title shall not merge trtass Lender sprees to the msrgM in writing. OR; 2995 PG; 2104 T. Prolooll of Candor's Rights In IM Property. It Borrower fails to perform the covenants and agreemenlS contained in this Security Inst mirml, a there is a legal proceeding thal'may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, fm condemnation or forfeiture or to enlorce laws or regulallons), then Lender may do and pay for whatever Is necessary to project IM value of the Property and Lender's rights in the Property. Lender's actions may Include paying any sums secured by a lien which hes priority over this Security Instrument, appealing in court, paying reasonable attorneys' tees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of psyment, these amounts shall bear interest tram the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. B. Morlgago Insurance, II Lender required mortgage Insurance as a condition of making the Ivan secured by this Security Insvunem, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. It, Ior any reason, the mortgage insurance coverage required by Lender lapses or Coons to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In effect, at a cosi substantially equivalent to the coal to Borrower of the mortgage insurance previously in effect. Irons an alternate mortgage insurer approved by Lender. It substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reserve payments may no longer be required, at the option of Lender, it mortgage insurance coverage (in the amount and Ior the period that Lender requires) provided by an insurer approved by Lender again becorms available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve. Will the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Larder 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 Into of a prior to an Inspection specifying reasonable cause for the inspeclian. 10. CondemnaBon. The proceeds of any award or claim for damages, direct or consequential, In connection with arty condemnation a other taking of any part of the Property, a for conveyance In lieu of condemnation, are hereby assigned and shall be pad to Lender. In the event of a total taking of the Property, the proceeds shell be applied to the sums secured by this Security Inslrum ria, whether a not then due, with any exaw paid to Borrower, In the event of a partial taking of the Property, In which the fair market value of the Property immediately before the laking Is equal to or greater than the amount of the sums secured by this Security InetNment immediately before the taking, unless Borrower and Lender dhenwise agree in writing, the sums Secured by this Security Instrument shall be reduced by the amount d the proceeds multiplied by the following Iracton: (a) the total amount of the sums secured immediately before the taking, divided by (b) the lair market value of the Property Immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Properly in which the lair market value of IM Property Immediately before the taking Is less than the amount of the sins secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law oihafwise provides, the proceeds Shall be applied to the sums Secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend Or postpone the due date of the monthly payments retened to In paragraphs 1 or charge the amount of Such payments. 11. Bosowor Not Released. forbearance By Lader fi" siva Extension d the time for payment a modification d amonizajlen d the sums Secured by this Security Instnyle/y(p a�+--VIM, fie! o e successes in Interest of Borower shall not operate to rebate the liability d the original Borrower a Borrow (g$udCcorshfinterasl.l r`aheM not be required to commence proceedings against any successor in Inlereel a refuse IO este h payment Or otherw a men] lion d the Sums secured by this Security Instnument by mason d any demand made by 1 oF9(�a Borrower or Borrowers s sec In Interest. Any forbearance by Lender in exercising any right or remedy shall not be a w ver of qr-praclude,Ihe exercise of airy r hl a "lady. 14. 8ueassars and Assign n, UAd Sriltlabillt o- covanenls and agreemenls of this Security Inslnunsnl shall bind and benefit the succors s a aseigni Otte nder nd Bon or, a t t the Provisions of paregrapin 17. Borrower's w nand rrxk����9gFFaagg a n Mia gra I. Borrower who Mo two security inslnucent via rices not execute the Nde: ( ) la a nirgllhl�un n r�in orllyf�6 go, grant and convoy 1 BormweYa Intenaet In dw Property under the terms of this Secu ty' In Iru rah (b) t t pppr o. It obi, 1 to y tl o sums secured by tNs Seeudly Instmmant: and (c) agrees that Lender and any other y a�'r t rid ily, to a a ' ke any accommodations with regard to the farms d INS Security Inslnxnenl a the Nola wit I the Ba bwof$ c nt 10. Loan CMrpss. B the ben bac 4 this Security Inslmment u Ito le hich sell maximum ban charges, and that dew Is finally interpreted w Ihet the Inlereel or t ` rte tian chargee colleciea ofd c 1 1 orvecdon with the loan exceed the parmiged limits, hem (a) any ouch ban charge shall be r by the amount necesser� r a harge to the permitted limit: and (b) any soma alroatly cdkecled Irons Borrower witch axe rmi ed Ilmile will be refunded to rr ' f, lender may choose to make IhR refund by rsduclnp the Principal owed under the Hots or by !� In t payment to Bo r. II refund reduces principal, the reduction will be vested ore a penial prepayment wllfod any prepay lnelge ndeNhedlote' 1{. Notloss. My rwlice to Borrower pravldeilorJfi 1(,' �8c�rit (Lisir!,menl shall be given 6y delivenrg it a by mailing it by first ctau mail unless applknsble l*w required UBa Of another melll�"T118telee'sh011 be dltaCled t01he Pfepeny Addree9 a only her address Borrower deegnstee by notice to lender. My notice to lender shell ba given to Borrower a Lender when given es provided in this paragraph, 16. (iovSrdrsg Lawn tievSrsbil{ly, Thl9 Sacunty InSlrvment snail he governed Dy federal law end the law d Ile lurisdin which law. the Progeny is Iccatetl. In the even) Ihel any gaiebn a cleats d lhia Securlry Inslnaned a the hide conlltcls wth applicable law, such Conflict shall rid aged other poWabne d this Security Instrument Or the NOIR which Can he given aged without the contlicling proWSbn. To INs end IM proWelons d Ihle Security Inslrurtent and the Nda are declared to he eavereble. 16. BonowKs Copy. Borrower shall he given ore conformed copy d the Nde and d This Security Instrument. 17. TrantSlN M the Property a s BSnsll*l*l Inlereel in Borrower. If all a any pan d rhe Property a arty interest in it is add or treroterred (a b a III Intereal In Borrower le sold or IfensleOred and Borrower is not a natural person) without Lendees prior written Consent, Lader may, at Its open, 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 ate of this Security Instrument. If Lender exercised this Option. Lender shell give Borrower notice of acceleration, The notice shall provide a period of not teas than 30 days from the dale the notice Is delivered or mailed within which Borrower must pay all sums Secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of INS period. Lender may Invoke any remedies permitted by this Security Inslrumwt without further notice or demand on Borrower. 19. Borrower's Right to Reinstates. If Borrower meets certain Conditions, Borrower shag have the right to have enforcement ol!hts Security Instrument discontinued at any Ilia Prior to the eanler of: (a) 5 days (or such other period as applicable law may specify fa reinstatement) before Sake of the Property pursuant to any power of sate conlaired In (No Security Instrument; or (b) entry of a itdgmem amercing INS Security Instrument. Those Coditions are that Borrower. (a) pays Lender all sums which then wad be due under this Security Instrument and the Note as II no acceleration had occurred (b) cures and default of any other covenants of agreamenls: (C) pays all expenses Incurred In enforti g this Security Instrumnl, Including, but not limited to, reasonable alto ey's lees: and (d) takes Such action as Larder may msorabty more to assure that the Iken of this Security Inshument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by the Security Inslnxnenl shall continue unchanged, Vpon reinstatement by Borrower, INS Security Instrument and the obligations mused hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of accelerallon under paragraph 17. 19. Sal* of Note; Change of Lean Sorviw. The Nola or a partial interest in the Note (together with this Security Instrument) may be sold one a more time wilhmd 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 INS Security Instrument. There also may be one or more charges of the Loan Servicer unrelated to a sale of the Note. It there Is a change of the Loan Servicer, Borrower will be given written notice of the charge in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Lan Servicer and the address to which payments should be made. The notice will else contain any other information required by applicable law. 20, Hazardous Substances, Borrower shall not cause or permit the presence, use, diapmld 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 Coy Enviravanlel Law. The preceding two swlences shall not apply to the preserve, use, or storage on the Property of small quantities of Hazardous Substances that are gwenally mcopazed to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly 91" Lender written notice for any investigation, claim, demand, lawsuit a other action by any goverrvnentai or regulatory, agency a private party Involving the Property and any Hazardous Substance a Erwironmwlal Law of which Borrower has ectal knowledge. 11 Borrower hems, or is notified by any 9ovemmental or regulatory autorhy, that any removal or other remociation of any OR; 2995 PG; 2105 Hazardous Substance adocling the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20,'Huardous Subgtances' are those substances defined as toxic or hasardous substances by Environments] Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, 'Environmental Lew' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 21. Acalenstion; Ranedin, Lender shall give notice to Borrower prior Io acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable taw provides otherwise). The notice shall specify: (a) the delaua; (b) the action required to cure the default: (c) a dale, rot leas then 30 days Irani the dale 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 Secunty Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall ludher 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. 11 the default is not cured on or before the date specilied in the notice, Lender, at Its option. may require Immedlele payment in lull of all sums secured by this Security Instrument withal 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 2t, incl Wing, but not limited to, reasonable attorney's fees and cats of the Idle evidence. 22. Releap. Upon payment of all sums secured by this Security Inslrunenl, Lender shall release this Security Instrument, without charge, to ecnower. Borrower shall pay any recordation coals. 23. Attomaya' Fade. As used in this Security Instrument and the Note, 'attorneys' fees'shall include any eaonneys' fess awarded by an appellate court. 24. Rations to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Sacurity Instrument as it the rider(s) were a pad of this Security Instrument. (Check Applicable Box) 8 Adjustable Rate Rider Rate Improvement Rider ❑ Conclominium Rider Graduated Payment Rkler 1.4 Family Rider ❑ Second Home Rider ❑ Balloon Rider Biweekly Payment Rider ❑ Planned Unit Development Rider ❑ other(,) (specify SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in We Security Instrument and in any dder(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: ... — --„...'"nice E. Banvasz (As to STATE OF FLORIDA COUNTYOF Collier I hereby certify that on this day, before acknowledgements, personally foregoing Instrument and acknowledged before ma, that (He/ she/ 2141. in the county aloresatd to take the persons) described in and who executed the the same for the purpose therein expressed. WITNESS my hand and official seal In the Canty, and Ste lg of resold this _ Mtbday of r” 12002 My Commission Expires: tory udla's Spnsture (Beal) Notary's Printed Nemo rAAr,,-rnnhvan 1-7!r?ls � :T'sc .ictal I l,'rilf FileN: 02-125 2596964 OR; 2643 PG; 3131 CM, 2sel,00 IUWll TIT61 colt IICOIDIO ie the OffICIAL "CO"I Of COL4111 COUNTY, TL 0641 2511.66 1105 COUNTY ID 551 11 02%22/2000 it 01:16146 ONIM 1, IIOCI, CLINK INC Ul 15.01 WL11 11. 34116 SECOND MORTGAGE DOC -As 1.15 THIS SECOND MORTGAGE ('Security Instrument') is given on February , 2000 The Second Mortgagor is Jalro B Gulnlana ('Borrower-). This Security Instrument Is given to Cofer County ("Lenderj, which is organized and existing under the laws of the United States of America, and whose address is 2800 North Borseehoe n 1YA.__$aplee. Florida 34014. Borrower owes Leader the sum of Two Tppygend live Hundred end No 1100ths Dollar. (U.S. S 2.500.00_2. This debt is evidenced by Borrower's Note dated the some date as this Security Instrument CSecund Mortgage"), which provides, for monthly payments. with the full debt, if not paid earlier, due and payable on Bala of oroeex,gy refinance leu o[ horea lead exams don . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications; (o) the payment of all other sums, with Interest advanced under paragraph 7 to Protect the security of the Security Instrument and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described propetlybcatedin Collier County, Florida. As more partleulady described as E 150' of Tract 11, Golden Gets Estates Unit 64 and which has the address oh ('Property Address'): 3945 39th Avenue NH —_1{0p1ee, Florida 36120 rU,l 144r Ittl TOGETHER WITH all the improvements row or hereafler erected on the property, and all easements, rights, appurtenances, rents• ruyattles, mneral, dl and gas rights and profits, water rights and stock and all fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by the Secunly Instrument. All of the foregoing is referred to In this Security Inseemont as the "Properly'. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and wan defend generally the Otis to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants liar national use and non -undone covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS Borrower and Lander cpver�n ngag s allows: 1. Payment of Principal and Interest; Prop yfiisn CiL�Calb�Ch� � Bcgrmwer shall nom II Interest on the debt evidenced b the Note. ���YP �-T 1�"r \\ p P Y pay when due lite pnnmpal of and 2. Taxes. The Mortgagor will pay all Is a�res, sower rents o` l s prior to the accrual of any penalties or Interest thereon. The Mortgagor shall payor cause to pal , �s-Ih'o samBlg&Recllve necoma uo, \i(1) all lazes and governmental charges of any kind whatsoever which may a1 any lime las la ully see iTedTd evi ams or with res 1 tone Property, includl g(22 all erny add other charges, rg'eerv'dca charges', incurred or ed 1 r t u t raC al man: icy, upkeep and mtprovemenl of the Property, and (3) all ae0easrnenta w other govornmen el ch fie 1 1 1 an r in to nls o er a period of years, the Mortgagor snail be obligated under the Mortgage to pay or nous to p id oyn�lv(i h nett¢// q(k}'S;) t off to pall during lite Conn of the Mortgage, and shell, promptly after the payment of any of If eo( of art M¢ngje livid tc of i hi ayment 3. Application, Payments. Urd s $-p Ira law�'provld'aae coli iso, 5�pa pw ecerved by Lander shall be applied; lirsl, to Interest due; and, to prifea, l due; and last, t n to charges due under the to. 4. Charges; Liens. Borrower shall, taxes, assessments, cite fies ,_6M Mons attributable to the Property which may attain prkxfry over this Security Instrument, and to payments or ground'fr ts, y� y!�.,�rrower shall promptly furnish to Lender all hollow of amounts to be paid under this paragm II receipts avitlencing the p yr pt;� Borrower shall promptly discharge any Ile yr h, only over this S I I itrument unless Borrower (a) agrees in writing to the payment of the obligallon secured Uy the lien in a fid er c labledot tloS.L h' onthsls in gone lath the Ilan by, or defends against enlacement of the lien In, legal proceedings which in the JaY;nLsiibA4r$�,1 prevent the enforcement of the Igen: or (c) secures from the holder of the lien an agreement satisfactory to Leader subordinating-Oleile'n to this Security Instrument if Lender delermanes that any part Of the Properly 19 subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the hen. Borrower shall satisty the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5, Huard or Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against Ices by fire, hazards included within the term "extended coverage -and any other hazards, including floods or /tootling, for which Lender regulate Insurance. This insurance shall be maintained In the amounts and for the periods that Lender requires The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above. Lender may, at Lender's option, obtain coverage to protect Lender's rights it the Property In accordance with paragraph 7. At all limes that the Note is outstanding, the Mortgagor shall maintain Insurance with respect to the Promises against such dsks anti for seen amounts as are customarily Insured against and pay, as the same become due and payable, all premmms in respect thereto. Inducing, but not limited to, all-risk insurance protecting (he interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily Insured against (including bodor 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 0051 of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have Ote fight 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 lass, Borrower shall give prompt notice to the insurance carrier and Lander. Lender may make proal of loss if not made promptly by Borrower. Unless Lander and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance procoads shall be applied to the sums secured by the Security Instrument, whether proof then due, with any excess paid to Borrower. If Borrower abandons the Property or does not answer within 30 days a deficit fran 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 riot then due. The 30�day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or poslpae the due dale of the monthly payments referred to in paragraph 1 or change the amount of the payments. It under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security mslrument Immereately prior to the acquisition. a, Occupancy, Preservation, Maintenance and Protection of the Property: Borrowers Loan Application, Leasahelds. Borrower shall occupy, establish, and use the Property as Borrower's principal residonce within sixty days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender offnell agrees in writing, which consent shall lot be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrames cement Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Prop". 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 Lenders security OR; 2643 PG; 3132 Interest. Borrower may cure such a default and reinstate, as provided in parngmph le, by causing the action or proceeding to be disniona d with a Kling that, In Limit good faith determination, precludes forfeiture of the Borrower's interest in the Property of other material Impairment of the lien created by this Security Instrument or Loner's security interest Borrower shall also bu in default if Borrower, during the ban apPliratbn process, gave materially false or inaccurate information or statements to Lender (or fated to provide Lander with any material information) in connection with the loan evidenced by the Nolo, including, but not toned b, representation concerning Borfower's occupancy dn9 Property as a principal residence. If this Security instrument is on a leasehold. Burrower shall comply win all Ibe provision of the lease. If Borrower acquires fee Ilia to the Property, the leasehold and the foe ole shall riot merge unless Lender agrees to the merger in witting. 7. Prdsetion of Lenders Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in baNauplcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to "act ne, value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which hes priority over this Security Instrument. appearing in Coad, paying reasonable attorneys' fees and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does net have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lander agreo to other latus dpayment. these amounts shall bear interest from the dale of disbursement at Ilse Note rate and shall be paydba:, with interest, upon notice from Lender to Borrower requesting payment. 6. Mortgage Insurance, If Lender required mortgage insurance as a condition of making the loan secured by this Security Imt(m 1, Borrower shall pay the premiums required to maintain the Stumpage insurance in effect IL for any reason, the nadgage ma rance coverage required by Lander lapses or ceases to be in effect, Borrower shall pay the premiums requited to obtain coverage substantially equivabm to rte mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance Previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-Iwelth of the yearly mortgage Insurance pnennual 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 it mortgage insurance coverage (in the amount and for the parted that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a toss reserve. until the requirement for mortgage insurance ends in accordance With any written agreement between Borrower and Lender or applicable law. 9. Inspsegon. Lender a its agent may make reasonable entries upon and inspections of the Property Lender shall give Borrower nice at the One of Or Prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The procoods of any award or claim for damages, direct or consequential, in connection Willi any condemnation a other taking of any pal of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Leader. In the event of a total taking or the Property, the proceeds shall be applied to the sums secured by this Security Insirnoted, whether or riot then due. with any excess paid to Borrower. In the event of a traded laking of the Property, in which the fair market value of the Property immediately before dfe laking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree In writing, the sums r e�pur y iF-bomy Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount o-th s dredaplti9dtately before the taking, divided by (b) the feu marker value d the Properly Immediately before the laking. Any �aI�J s(�a h Ye pa d to erry�dl%IP4 a event of a partial taking of the Property in which the felt market value of the Propany imide lately t�('rD.tt a se4akingi less than Ihe3rdoY$1 (Ilia sums secured immemalely for the laking, urdess Borrower and Lender otherwise a neem ifi pr unless applicable law othervr} a pro 'des, Ilio proceeds shall be applied to the sums secured by itis Security hair umenl wbelher or I Ilig's44,,msr-arell rte due. UnI�¢¢p Lend and orrower otherwise agree m writing, any application d proceeds to principal shall tai a end Er potYpdnelh e dale Ai m hpayi ants referred to in paragraphs 1 or change the amount d such payments. 11 if. BOrfewer Hol RaI ad, Fo are { a a r. to sr f the time for payment or modification of amortization d ria sums secured by Ihis S rity sir mon gr rat b e y cantor interest of Borrower shall not operate to release the liability of the original Borrower L e s r a or Iq i a 1. le er $hal a required to commence pro.:ele ings against any 6000BSsa in Interest or refuse to1�xt 1 y en o cut riser d y a afwn of the sums secured by this Security Instrument by reason of any demand made D1�1 a i0inal Borrower or Bora sac assn si�f latest Any forbearance by Lender in exercising any right or table shall rat t» a W@Bi�a f or preclude the exerg3521 y gh ot°r6 lady. 17. Sueeeesons and Assigns Boun •�I ��`and several Laid lots; Cp I n ).. covenants and agreements of this Security Instrument shall rind and benefit the Successors aQns of Lender and Borrows OjaC t the Provisions of Paragraph 17. Borrowers covenants mne nerals shall be jointits Any Borrower who cc -signs this Security Instrument but does not execute Ilia Nota; (a) is co -sit nig°mi cudlyans or a 0 6 mortgage, gram and convey that Borrower's interest in the Property, under the terms of this Security Instrumen ;-(kY'Sfr eijE" ,b a ed to pay the suras secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree "xhmd,-rnodiiY-, forbear or make any acco nrnudalens with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13. Loan Charges. if the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or N be collected in connection with the loan exceed the intimated finds. 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 fedW g 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 wlitlout any prepayment charge under the Note. 11. Nodoas. Any notice to Borrower provided Ion in this Security Instrument shall be given by delivering it or by mailing it by first Gass mail unless applicable law required use of another methal. The notice shall be directed to the Property Address or any other address Borrower dosigmles by notice to Lender. Any notice to Lender shall be given to Borrower Or Lender when given as provided in this paragraph. 10. Oovernlag Law; Severablllty, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is located. In the event that any Provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this and the provisions of this Security Instrument and the Note are declared to be severable. 16. Boolowel's Copy. Borrower shall be given one conformed copy of the Note and of this Security Insuumant. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or If a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at Its option, require immediate payment in lull of all sums secured by this Security Instrument However, this option shall not be exercised by Larder If exorcise 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 riot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to Pay nese sumo prior to the expiration of this period. Lender may invoke any remedies permitted by this Security instrument without further notice a demand on Borrower. 16. Borrowers Right to Reinstate. If Borrower meals comer conditions, Borrower shall have rho right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days for such other period as applicable law may specify for relmtatemenl) before sale of the Property purska a to any power of sale contained in this Security Instrument, or (b) entry of a judgment enlacing this Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which then would be due under this Security Instrument and the Note as If no acceleration had Occurred; of curos and default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument. including, but net limited to, reasonable attorney's leas; and (d) takes such action as Lander may reasonably require to assure palms lien of this Security Instrument, Leaders rights in the Property and Borrower's obligation to pay the sums secured by this Security instmment shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as !fee acceleration had occurred- However, this right to reinstate shall not apply in the case of acceleralfon under paragraph 17. 19, Sale of Nota; Change of Loan Servicer. The Note or a partial interest in the Note pogelher with this Security Instrument) may be sold are a more times without prior notice to Borrower. A sale may result in a change in the entity (known as the'Loan Saoacer) that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer *** OR: 2643 PG: 3133 *** unrelated fee select the Note. If there is a Change of the Loan Servicer, Borrower will be given written notice Of the change In accordance with Paragraph 14 and applicable law. The police will stale the name slid address of the new Loan Servicer and the address to which payments Should be made. The notice will also Contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or m the Propedy. Borrower shall rat do, Our allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall rat apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to moored residential uses and to maintenance of file Property Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or Other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower ties actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or oilier 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 (his 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 P6bo1eum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Envucnmental Law" means lWoral laws and laws of the Jurisdiction wham the Property is located that relate to health, safely or environmental protection 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration lollowmg Borrowers breach of any covenant or agreement in this Security Instrument (but flat prior to acceleration under paragraph 17 unless applicable law provides othonviso) The police stall 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 specdiad in the notice may result in acceJeralton of the sums secured by this Security Instrument, foreclosure by Judicial proceeding and sale Of the Propeny. 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 la acceleration and foreclosure. it the default is not cured on Or before no date specified lit 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 pi'ccoeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited lo, reasonable attorney's fees and costs of the title evidence 22. Release. Upon payment of all sums secured by this Security Instrument. Lender shall release this Security Instrument, without charge, (o Borrower Borrower shall pay any recordation costs. 23. AHomsys' Pees. As used in this Security Instrument and the Nate, "attorneys' lees" shall include any allornays' fees awarded by an appellate Court. 24. Rldsrs to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, (he covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of (his Security Instrument as if the riders) were a part of this, Security Instrument. (Check Applicable Box) -. Adjustable Rate Rider Graduated Payment Rider . . Balloon Rider. . Other(s) (specify SIGNING BELOW, Borrower accepts by Borrower and recorded with it. Signed, sealed and delivered in fhk• Cari'A\? signature; i Signalure: PC -6 cj STATE OF_Flonda COUNTY OF Iry kB� nhRmOs? . Condominium Rider Rider Werontl Home Rider Unit Development Rider Co. Borrower Address 2463 Bear Creek Or 0303 NAVIG , F1 rids 34109 Instrument and in any fears) executed I hereby certify (hat on this day, before me, an oflicar duly authorized in the state aforesaid and in the county aforesaid to lake acknowledgements, personally appeared i B Quintana to me known to be the parsons) described in and who executed the foregoing Instrument and acknowledged before me that IHer sher, they) executed the same ler tome purpose herein expressed WITNESS my hand and official seal in the County and Slate forosaid This o2�"'dlay til F�rK�+'vZ , in cob My Commissbn Expires: Notary Public's Signature - (Seal) Notary's Printed Nadia y IU'fH E C15114 �awmm�Eel CC?,Stltjn.:. ��J 15 Elem. Cost Oe... ICost ckment name INa.o 'Doc. Date IPostng DaH 525.1 369600 GRAM PROGRAM INCOME SHIP PAYOFF-SEIOF, MYRIAM 09-308 07/14/2017 07/14/2017 5.2_5._1_ _'.369M GRANT PROGRAM INCOME SHIP LOAN PAYOFF ACOSTA, MARNELIS #11-070 07/26/2017 07/26/2017 525.1. X369600 !GRAM PROGRAM INCOME SHIP PAYOFF MEEK, KELLY & DEBORAH #14012 07/28/2017 107/28/2017 — . c VaICOAtCur 3,000.OD- 20,000.OD 20,000.00-. • 43,000.00 • • 43,000.00 - Fund WBS Mm. lCot Be._ Cast ekment name IName IDoc. Date IPostn9 Dae c Va1COArCur 791 33467.1 369600 M GRAPROGRAM INCOME SHIP PAYOFF MYRTIL, ARNOLD #08 025 06/22/2017 06/22/2017 22,260.00- 791 33467.1 369600 GRAM PROGRAM INCOME SHIP PAYOFF PERKINS, T & COSEY, I #02-174 06/22/2017 06/22/2017 2,500.00- 791 33467.1 369600 GRANT PROGRAM INCOME SHIP PAYOFF DUCKWORTH, VANESSA #07-016 06/26/2017 06/26/2017 20,250.00- 369600 AGRANF PROGRAM INCOME 45,010.00-. (] - .. 45,010.00- A Quintana, J airo 8/29/2002 868992504 $2,500.00 353505 8/28/2002 HS 102586