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Agenda 02/10/2015 Item #16D4
2/10/2015 16.D.4. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a satisfaction of mortgage due to the death of the property owner in accordance with the terms of the Promissory Note. OBJECTIVE: To support the affordability of housing in Collier County. CONSIDERATIONS: Collier County offers assistance to individuals to make repairs to owner-occupied housing units through state and federal grants, such as the federal HOME Investment Partnership Program (HOME). In conformance with the requirements of HOME, contained in 24 CFR 92.254, homeowners receiving grant funds not exceeding $30,000 must meet affordability requirements for ten years. If property is occupied as the principle residence during the initial ten year period,the assistance provided is forgiven. The Mortgage recorded in Official Records Book 4017, Pages 2025-2028 requires repayment to the County upon transfer of title, sale of property, refinance or loss of homestead exemption. The Promissory Note provides that in the event of death of the borrower prior to the expiration of the ten year affordability period all of the debt will be forgiven. Specifically, this applicant received assistance for residential rehabilitation assistance for homeowners that required necessary repairs to their primary residence. This loan was provided using federal HOME Investment Partnership Program(HOME)funds. The applicant listed below is deceased. The County has been trying to procure the applicants death certificate from his next of kin for several years. Staff has completed monitoring of all applicable HOME affordability requirements on remaining projects in accordance with note and mortgage terms. Name(s) Met Deceased Grant Type of Assistance Forgiveness Affordability Program Provided Date period YorN YorN Ronnie N Y HOME Residential $27,663.80 02/09/2016 Delaford Rehab Approval of this item will authorize the Chairman to sign the satisfaction of mortgage and the executed document shall be recorded in the Public Records of Collier County,Florida. FISCAL IMPACT: This action has no fiscal impact on general fund dollars. Funds to cover the recording fees associated with this action are available within the Housing Grant Fund (705) for Project No. 33365 (HOME Grants). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a satisfaction of mortgage due to the death of the property owner in accordance with the Promissory Note. PREPARED BY: Mandy Moody, Grant Support Specialist, Community and Human Services Packet Page-374- 2/10/2015 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve and authorize the Chairman to sign a satisfaction of mortgage due to the death of the property owner in accordance with the terms of the Promissory Note. Meeting Date: 2/10/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community &Human Services 1/7/2015 2:40:03 PM Submitted by Title: Grants Support Specialist, Community &Human Services Name: MoodyMandy 1/7/2015 2:40:04 PM Approved By Name: DoriaPriscilla Title: Grants Coordinator, Community&Human Services Date: 1/13/2015 2:01:20 PM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 1/20/2015 4:35:35 PM Name: GrantKimberley Title: Director-Community and Human Services, Community &Human Services Date: 1/26/2015 3:49:25 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 1/26/2015 5:07:43 PM Packet Page-375- 2/10/2015 16.D.4. Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 1/28/2015 8:30:17 AM Name: MesaNancy Title: Accountant, Community&Human Services Date: 1/28/2015 9:47:27 AM Name: Bendisa Marku Title: Supervisor-Accounting, Community &Human Services Date: 1/28/2015 9:49:07 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 1/28/2015 10:14:27 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/29/2015 1:57:25 PM Name: CarnellSteve Title:Administrator-Public Services, Public Services Division Date: 1/29/2015 2:51:52 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/29/2015 3:22:41 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/30/2015 9:50:52 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 1/30/2015 3:26:55 PM Packet Page-376- Retn: 3819918 OR: 4017 PG: 2n95 nat.n 774A1 An F A H RECORDED in the OFFICIAL RECORDS of COLLIE 2/10/2015 16.D.4. WENDY CLOPF 04/13/2006 at 02:35PN DWIGHT E. BROCK, CLBRf 659-5701 DOC-.35 96.95 Project Number HM 04-05-0023 MORTGAGE THIS MORTGAGE("Security Instrument")is given on •,11C21�C t/ . The Mortgagor is: Ronnie Delaford, 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 2800 North Horseshoe Drive.Suite 400,Naples.Florida 34104 . Borrower owes Lender the sum of Twenty Seven Thousand Six Hundred Sixty Three Dollars and 80/100.This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the ten(10)year anniversary date of mortgage. This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: Palm Ridge Unit 2 Lot 79 Folio#65117128008 and which has the address of ("Property Address") 603 Breezewood Immokalee.Fl 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by the Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage, the Property and that the Property is unencumbered,except f of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and - •-r,pv: -and agree as follows: 1. TERMS: The Borrower)of this Mort eata\i •+. • -171-.fT Oeft rred Repayment Loan,"the terms of which are intended to enso_a°" • ome Inv.. (P� nership Act(HOME)funds utilized to facilitate the rehabilitation of this Property are recapture {r�ized to assist anotherlbwer tncume home owner with rehabilitation unless the affordability requirements are met. // The terms of this Mortgage d not4equise that •ayin-ents be made as\ong as the makers comply with the following conditions and provisions: Borrower shall occupy the'Prof' s it grin 'p I ..•' -• •.-S etti g o'the Property is not allowed even on a temporary basis. Failure to abide 1preth rir�cip coup]n -.;'remenh n r t jn foreclosure. The Borrower shall be required to submit proof of principal occai o n• -Ian annr f•bsisrbegimmng on the anniversary of the first-year occupancy and annually until the end` the ten-year amortization pe?id.Such pro4f cfihll include:proof of homestead exemption, copies of paid receipts for taxes and rrt¢trance,and copies of insure cerfifica{ owner-occupied Property listing Collier County as Mortgage Holder. If the Bbrf�wkie ails to provide sufficient k p of bricaipancy in a timely manner,the Lender may contract with an independent title comps to perform the necessary title r•eitjficaation,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease prri p 1 transf"r 1If i any manner dispose of all or a portion of the Property which is subject to the Mortgage pnort�tultll_ ;11> a ept^and the end of the amortization,then the principal amount of this Mortgage shall become immediately d'ue•aud.pi3y The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends. reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there are no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the acaual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Packet Page -377- rm. AAl1 nn. /IAA/. 2/10/2015 16.D.4. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(induding 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 dause.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 caner and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. lithe restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond 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 lieedbylttis Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as pe ai rip �yrausing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determin des-fed rd sfli�Elorrowers interest in the Property or other material. impairment of the lien created by this S ns ment or Len s �ft!ty interest. Borrower shall also be in default if Borrower,during the loan application proces ,gave materially false orina c ufate'information or statements to Lender(or failed to provide Lender with any material info atiop)in connection with the loan evignceey the Mortgage,including,but not limited to, representations concerning Borrower's o' p cy of the-PropedX�s a primal residence. If this Security Instrument is on leasehold,Borrower shall comply with all e p sion o ase. If Borrower acquiri7 fee title to the Property,the leasehold and the fee title shall not merge unless1Lende�ees jet e 1 7. Protection of Lender's Rfglf s'a P o erly. f ai s to perform the covenants and agreements contained in this Security Instrument,d there is l�al ro rrg-tha a sig(t cahtly affect Lender's rights in the Property (such as a proceeding in bankrupt rprb at ( 1 la' 'in 'forfeits e o to laws or regulations),then Lender may do and pay for whatever is necessary t teifthe val a iroptty and,1eenndef s in the Property. Lender's actions may include paying any sums secured b Oe ,which has priority over t ' Secujify lo'stlurrient,appearing in court,paying reasonable attorneys'fees and entering on the Pro' to make repairs. AI Lefrdgr(n`y ke action under this paragraph 7,Lender does not have to do so. Any amour R is rsed by Lender under t is,p ra5rdpljr7 shall become additional debt of Borrower secured by this Security Instrument. ��' '/! 8. Mortgage Insurance. If L dj 'red mortgage in ur rir es a condition of making the loan secured by this Security Instrument,Borrower shall pay the refiiiui)isfr -tc ain1 in 6-mortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lend _or Ee in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgag previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance.Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Packet Page-378- C 2/10/2015 16.D.4. Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,includi(g,but-net limited to,reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the'li is C ��?stNment,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this�ritji. °cdlltinueymchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations Se d'fieieby shall remainThullya�e as if no acceleration had occurred. However, this right to reinstate shall not apply in tile,,$'of acceleration under par phf'i\7. 19. Sale of Note;Change of Le" • r. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times withto.4.rior wer.A Sale may result in a change in the entity(known as the"Loan Servicer")that collects mbnthl)f payments a nd r the Note and thit.Secarity Instrument.There also may be one or more changes of the Loan Servi r unrel a change of the Loan Servicer,Borrower will be given written notice of the change n a `rddn thp arpg 14)an R.•p ..le�law.)rhe notice will state the name and address of the new Loan Servicer and the dr s td whi f p$ymen $e j+.d:.The notice will also contain any other information required by applicable law. \\i�ce/� tt�J 20.Hazardous Substances Borfwer sha not caus' perms it e p/eleh ,use,disposal,storage,or release of any Hazardous Substances on or in the P,reperty. Borrower shall not dd'raor allpw ariy�or)9'else to do,anything affecting the Property that is in violation of any Environmentaa, - The preceding two se lshaltn©tapply to the presence,use,or storage on the Property of small quantities of Hazardou stances that are gem I yre/co4i1 ed to be appropriate to normal residential uses and to maintenance of the Property. \�-- , �/"� Borrower shall promptly give Lender writesIIm for any investigation 4aim, demand, lawsuit or other action by any govemmental or regulatory agency or pnvate`party ov if g lq{erty erdany Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrows , ,i n ' by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substan'ce's ng the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify.(a)the default;(b)the action required to cure the default(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. Packet Page -379- *** 2/10/2015 16.D.4. k 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) n n ri Adjustable Rate Rider 1I Rate Improvement Rider L--1 Condominium Rider 1-1 ' I r-r u Graduated Payment Rider Li 1-4 Family Rider 1--1 Second Home Rider n n r-1 t_I Balloon Rider l_J Biweekly Payment Rider Planned Unit Development Rider r-1 Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: J Witness Signature: Ca ( £1 Signature:J� E} / �1'��"f Bonovder` o/' Witness Print Name: W PIYL R r�u�� Signature: � (�� ))oo `��1 Borrower Witness Signature: �rxa rf '- Witness Print Name: '3-0 g U a o L to rre.t Address: STATE OF Florida COUNTY OF Collier C,0 I hereby certify that on this da , i n e@-in county y ty �ote me,an officer duly authonz 'the state afor aid and in the coun aforesaid to / 4.1S1Glo `"nie\oe`t: l� take acknowledgements,personall/y'appeeared �p m&known to be the person(s)described in and who executed the foregoing instrument''jan�r-fn�-k o! ed bbfare.rneidhat gHE/ HEY executed the same for the purpose therein expressed. i{ l ! ttttttllll��.e'�i .�p\i ) �t o1`d G WITNESS my hand and official se the County and State aforesaid this) /°"1 � � • \ \ Mfr My Commission Expires: \r .� Notary Publ_ic%'Signature S , i NotarysPrintedNafrie/-{17,-1-11:0-'— (SEAL) �+E ml* MY tyENOYRIQGPF Return to:Collier County FAH MISSION,r0030974 • Single Family Rehabilitation Loan Program ern„EXPIRES:April 12,2008 2800 N.Horseshoe Drive,Suite 400 " UnQ""M Naples,FL 34104 Project#HM 040-05-0023 Packet Page -380- 2/16/2015 16.D.4. f r,04...±0,-A„ax a y w� a {7ST 1� ' i.li- ,• e l '14'cfir e-.*r s ` `\" !" a . -",�"s T.'V'"..t5wi \A,9 i i . �! 3 r. n a i � y " r,' r t r . r fris i Ar i j n !t,%, , aIA III 0ht � f ,P C'..f. i,r T rl Ora iil 4,� 3 : t l a 1 J 41 f 4 -,IC a. pr «r r r r» m"• : a sxr a it __ _._�_— j v,, 1i xr :,t lc 4 .• .•,F..0 t t.t on Ti's gGr 'P t r .. .7,,, .,w,. ,.. a s,,,,- .x{, ro — 1 t.p, , 1 � _ �., �k., t> — .^ m , y N ;..:14 3 K u et L.., t yl a. ! 1 . i,.�, I iO4 6 t 3 IP 1 -� I - r=j r 1 '1 fi ',1- x ,_ ; ...: — , a' s xj : n J t Yf ' t x it 'Z. " 4 ... - __ 'I a� pd �Eet p Packet Page -381- 2/10/2015 16.D.4. Project# HM 04-05-0023 PROMISSORY NOTE HOME INVESTMENT PARTNERSHIPS ACT (HOME) SINGLE FAMILY REHABILITATION PROGRAM Date: February 9, 2006 Borrower: Ronnie Delaford 603 Breezewood Dr Immokalee FL 34142 (Property Address) (City) (State) 1. BORROWER (S) PROMISE TO PAY: I/We promise to pay Twenty Seven Thousand Six Hundred Sixty Three Dollars and 80/100 ($27,663.80) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 2800 North Horseshoe Drive #400, Naples, Florida 34104. I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. TERMS: The maker(s) of this Promissory Note have been granted a "Deferred Repayment Loan," the terms of which are intended to ensure that any Home Investment Partnership Act (HOME) funds utilized to facilitate the rehabilitation of this Property are recaptured and utilized to assist another lower-income home owner unless the 10-year affordability requirements are met. The terms of this Note do not require that payments be made as long as the makers comply with the following conditions and provisions: Maker(s) shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Maker(s) shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the amortization period. Such proof shall include: proof of homestead exemption, copies of paid receipts for taxes and insurance, and copies of insurance certificates for owner-occupied Property listing Collier County as Mortgage Holder. If the Maker(s) fail to provide sufficient proof of occupancy in a timely manner, the County may contract with an independent title company to perform the necessary title re-certification, the cost of which will be added to the principal amount of this Promissory Note. In the event the Maker(s) cease principal occupancy, transfer, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this Note prior to fulfilling the agreement and the end of the amortization, than the principal amount of this Note shall become immediately due and payable. The Maker(s) shall not refinance the indebtedness secured by this Promissory Note. The County prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Note Holder consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Maker(s) shall immediately contact the County to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this note prior to fulfilling this agreement and the end of the amortization period. The County shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. In the event of a sale, the proceeds of such shall be applied as fellows: a. If the sales price is sufficient, the proceeds will be applied as follows: 1) first __ first �� pay off the balance of the First Mortgage, any closing costs, and advances by the Mortgagee; and 2) the balance of the Mortgage representing the full subsidy as referenced by this Note. If there are no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. b. If the Maker(s) comply with the principal occupancy requirements and do not transfer, assign, refinance, sell, or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this Note, then the entire sum due and payable according to the terms of the Note will be c isidered paid i.n full at the end of the amortization period which is ten (10) years. rr. In the event of the death of the Borrower(s) prior to expiration of the, affordability period has been attained, all of the debt will be forgiven. O. PAYMENTS: Principal payments shall be deferred for the term of the first mortgage loan or until transfer of title, sale or property, refinance, or less of homestead exemption, the date the last payment is due on refinance or satisfy the first mortgage loan, I/We agree to immediately pay the entire sum due under this Note. My/Our total payment shall be U.S. $ 27,663.80. 1 Packet Page-382- 2/10/2015 16.D.4. '1. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is known as a 'prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Noce Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to these changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment 5. LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then (i) any such loan charges shall he reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded perndtted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. 7. BORROWER(S) FAILURE TO PAY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. 8. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it cr by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A.) or at a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed2(*_he "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result Packet Page-383- • • 2/10/2015 16.D.4. if I/we do not keep the promises which I/we make in this Note. That Security instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all sums secured by this Security Instrument. If Borrower(s) fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) AND EAL(S) OF THE UNDERSIGNED. • �� off (Seal) rower Ronnie Delaford (Seal) • Borrower • • RETURN TO: Collier County Financial Administration and Housing Department 2800 N. Horseshoe Drive #400 Naples, FL 34104 Attn: Wendy Klopf Phone: (239)659-5701 Fax: (239) 403-2331 Project# HM 04-05-0023 • G:AHOLiE\2033-20()4 PROJECTS\SINGLE-FAMILY REETiAB\RINSER, Ethel\Promissory Note - 10 yeers_doc 3 Packet Page -384- 2/10/2015 16.D.4. Prepared by:Mandy Moody Collier County Community and Human Services 3339 E,Tamiarni 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 Delaford, Ronnie to COLLIER COUNTY, recorded on 04/13/2006 in Official Records Book 4017, Page 2025, of the Public Records of Collier County, Florida, securing a principal sum of 527,663.80 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK CHAIRMAN Approval for form and legality: Jennifer A.Belpedio Assistant County Attorney Packet Page-385-