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Agenda 04/28/2015 Item #16D 8 4/28/2015 16.D.8. EXECUTIVE SUMMARY Recommendation to approve eight mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$47,226.08. OBJECTIVE: To support the affordability of housing in Collier County through State Housing Initiatives Partnership (SHIP) down payment and emergency repair and/or rehabilitation assistance programs. CONSIDERATIONS: The SHIP Program, a state affordable housing program, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repair and/or rehabilitation assistance programs. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid in full. As such, satisfactions of mortgages are required. File# Name Security Mortgage Payoff Public Record Instrument Amount Amount Georgina A.Mesa SHIP Second OR Book 2302 N/A &Gerineldo Leon Mortgage $2,500.00 $2,500.00 PG 2971 04/08/1997 Alberto Martinez SHIP Second OR Book 2994 02-136 & Teresa Lopez Mortgage $5,000.00 $5 000.00 PG 1513 03/07/2002 Sarafina M. SHIP Second OR Book 4442 09-100 Bowdoin Mortgage $3,800.00 $3,800.00 PG 1816 04/08/2009 SHIP Second OR Book 4841 11-026 Jorge L. Reyes Jr. Mortgage $20,000.00 $20,000.00 PG 2902 10/03/.012 Andres Morcillo & OR Book 4666 SHIP Second 09-335 Eustaquia X. Rivas Mortgage $3,560.00 $3,560.00 PG 1708 Farinas 03/30/2011 Stanley P. & SHIP Second OR Book 2256 97-102 Brenda S.Fussell Mortgage $2,500.00 $2 500.00 PG 0072 12/02/1996 OR Book 4455 Olga J. Clemente SHIP Second $3,000.00 $3,000.00 PG 2289 09-124 Mortgage 05/26/2009 SHIP Second OR Book 4226 06-018R Wayne Pingel Mortgage $15,000.00 $6,866.08* PG 0961 05/08/2007 Total $55,360.00 $47,226.08 *On May 8, 2007, a mortgage was recorded to Collier County from Wayne Pingel in the amount of $15,000 for rehabilitation to the dwelling unit. The homeowner did not receive the entire $15,000 of those rehabilitation funds. Therefore, the homeowner is only required to repay the Collier County SHIP Packet Page -1535- 4/28/2015 16.D.8. Trust Fund the amount received in the amount of$6,866.08. The County received a check for $15,000.00 from Ross Title&Escrow,Inc. $8,133.92 was returned to Ross Title&Escrow, Inc. for overpayment. Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County,Florida. FISCAL IMPACT: The repaid amount of$47,226.08 satisfies mortgage amounts totaling $55,360.00 as explained above. These repayments are considered program income and have been deposited in SHIP Grant Fund 791, Project 33331. Such funds may be reused for eligible SHIP program activities. The $10 recording fee will be paid by each of the borrowers. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action.-JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign the attachments below for owner-occupied affordable housing units for which repayment in full has been provided to Collier County. PREPARED BY: Mandy Moody, Grant Support Specialist, Community and Human Services Division Attachments: Eight Second Mortgages, Eight Satisfactions of Mortgae, SAP backup for the SHIP payoffs Packet Page -1536- 4/28/2015 16.D.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.8. Item Summary: Recommendation to approve eight mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$47,226.08. Meeting Date: 4/28/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community &Human Services 4/2/2015 1:40:34 PM Submitted by Title: Grants Support Specialist, Community &Human Services Name: MoodyMandy 4/2/2015 1:40:35 PM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 4/3/2015 8:12:11 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 4/3/2015 8:26:38 AM Name: KushiEdmond Title:Accountant, Community &Human Services Date: 4/6/2015 1:13:28 PM Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 4/8/2015 11:13:55 AM Name: DoriaPriscilla Packet Page-1537- 4/28/2015 16.D.8. Title: Grants Coordinator,Community &Human Services Date: 4/8/2015 11:38:21 AM Name: RobinsonErica Title: Accountant, Senior,Grants Management Office Date: 4/9/2015 11:59:20 AM Name: CarnellSteve Title: Department Head-Public Services, Public Services Department Date: 4/9/2015 1:15:00 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/10/2015 9:40:59 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2015 1:37:19 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 4/15/2015 11:57:35 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 4/15/2015 4:43:50 PM Packet Page -1538- 2167823 (-4/2--8/-2 i 5 16.D.8. PLEASE RETURN TO. 1100/0/0 1s Ornel1L..vh.... s urea*senses, r. MARKETABLE TITLE a ESCROW SERVICES,INC. 01/11157 at 11:1711 Iltfu7t I. HOCCI, CLIII 112 S.E.23RD STREET FORT LAUDERDALE,FL 33316 OLD 294.011•• , out 2S14.11 SIC m 15.51 1X•.35 1.7S SCOlTD P RTCACZ 1!!-.112 See lets: THIS SECOND MORTGAGE('Scarily Instrument')as given an 0144-4 2,1 100]1 - �! • •• le: G Ri iEIAx) LeaA1, A.k) 6ncee7..)A A files4'. ft`' c cis.01(4 p,>, Borrower). This Security k*tulwit le pawn to Collier County ('Lander).which is orpriasd and existing under the lea'of the UNted States d America,and*tree address is YSOO Worth Morse shoe Dries, Wattles. Florida 33042 . Borrow owes Lander the sun d Teo Thousand Five Hundred Dollars and 310/100 (U.S.$2101.00)debt is evidence!by Bonawer's Note dated the sane deb as this acuity rehesert Mewed Mo peg.),who,provides for monthly payments,with the hs debt.if not paid eerier,due and payable on sale of property, refinano., or loss of homestead ea;eestion . This Security Instrument secure.to Lander(a)the tagepnet tithe debt alter ed by this Note,with awed.and d renewals.odereims end in .M.glens;(b)the payment of al abler mann v.Mi bassi acts rbend radar psrapraph 7 b protect the security of the Sewrlly-Instrument and{Olive adamants dIcrToeers-oowe to and sore ente wider Ode Security Instrument and the Note. For this purpose,Borrower doss hereby second mortgage.grant and convey to Lander the folebg desab.d property bored In Collier County,Fbr era. As mere perimiwy demoted on Exhbit'A,'and which has the address of ectoPey Addition: 3311 N6 22nd ••• se Toomot WITH dew hip omens row r heealw erected on the property,and al asaetrnre,rights,apptrterwree.n , fora mks*d and pis mite and palls,water rights end stook rd d Yeas new or loader•pat alto property. Al repbeeneds end maker s0*terns be oswad by the Ssoi*y keSurwt. AI d the keeping la referred to n We Maui*MNnenet es the'Prpe r. B ORROWER COVENANTS 0*Borrower Y rwlily sized of lie aside hereby conveyed and has the right to mortgage,prep end , coney the Property end Get the Property is unencumbered orepi for enambrerices of record. Borrower warrants and wi defend generally Cede to the Properly spirt al done and amends.aubjsc qty pop erly d�record. T) SECURITY INSTRUMENT aombes o irates useend non -unlearn unlea n coysiw b with linked variation by jurisction b constitute a uibm security Instrument UNIFORM COVENANTS. Borrower corner and apse es 1. Peysmrt d Ptaefpal and Mask and Late ate'/se. borrows,eta proni*ll'per*hen do the prinapal of and interest on the debt evidenced by to Note. / 4 \ \ L Taws.The Mortgegorwl pay adYarq,ae Guess s eprr ronI `water raves prior to to accrual of any paella or merest thereon. The Marlow did pay or cart b b%/� a color i..p.csrwyt�isome 'du►.(Mt)d tires and Oov rrotersi cheoas of any kind waterier each may at any tido balked*sueesied or ' or4ilh reaped to the Property,(2)d ulfy and other dupes,including'were dwgor, Tsd of 11or anerMrwre.use 000uperuy.upkeep end Improvement d to Pepe*.ea(3)d asseaaswds or other y ' r� be i>e�d•iilJri irde oar a period of years,le Mor .got steel be obapated under the Mortgage to ply a,caw to be pod only wNi +tints u earl IequM.d to be per during the term of the Mortgage,end abet,prompty after the payniaC'd y of the foregoing.lonvercla MaitgagoLev(dence of such payment 3.Application d Payrn.nts. Wiese law provides of er*4N al peym ts.Aeceiwd by Lender shall be appied;fast to interest den;end,to prindpd due;and lest to idyl's:I:herpes due under the S 4. Charges;Uses. Borrower and pity,el tars,ees.aararrs,durgss,rfrea aid impositions attributable to the Property with may rain prbrty oust Otis Security Insthmeni,arofla ir'fd'psy ate o r.,prouthfJ enter d any. Borrower shall prompty furnish to Lender al notices d amolnb to be paid under tie p..praph'lr�d af�` javidgneieg Car' yments. Bomaer steel pomply*change any fen which hhU r y&err i S.c rty Instrument unless Borrower.(a)apses in writing to V.penitent d the abTpalon secured by the len in a meter acctritaalo Lender,(b)contests in good fait,the len by,or defends against antooerert d Car Not rt art proceedings which in the Lender's opinion operas to prevent the enforcement of to tan:or(o)secures front the kraal to Ian eh apeanad eeidsctory to Lander arbordeeing to tern to this Security Instrument If Lender determines tat any part der Property is abbot to a Not which may atlen privity over the Security insb rnsrt,Lender may give Borrower a notes identifying to lee Borrower del satiety the lien or tab one or more at the actions set forth above within 10 days of the giving of notice. L Hitafd or Properly bratnerd Balmer Gel loop the npove ents now edsting or hssefter erected on to Property sued amino loss by ire,haaads i Buried wean the rum•extended average'and any other hazards,including hoods or ioodrng.for which Lender ups,sac reumoa. This aurora s1W be nerlaired n the waft and for to periods thet Lender rears. The Insurance carrier prodding V.imrem and be siren by Borrows subject to Lenders approval which shat not be unreasonably withheld. If borrower trill to maintain coverage descried above,Lender nay.at Landr's option,obtain coverage to protect Lenders rights in the Property in accordance with peagrsph 7.At d ices that the Nob is otddendng,the Mortgagor dal mliin insurance with respect to the Premises spiral such risks e nd is such amaet s as are anbrrwly awed against and pay.as to s ne become din and payable.,el premium in respect thereto, awing,12 rut tilled b,01dek instance prolectirp the interests of the Mortgagor and Mortgagee wine lea or drags to to Prorate by Pas,Wrap ad caw arras customary insured against(including boar implosion,if appropriate).with•uniform standard extended corms snderseewhL 0*idig debris removal correct. Such initiate at d tires to be n an.moat not lees than the full reps cerrnt cat of the Premises,srd,wire of footings end loudeions. Al honor polders and mesas did be acceptable to Lender and sal rnakrde a standard mortgage clew. Lander shall have the rat to hair patties and enacts. If Lander moires,Bomower shed promptly give to Lender d reaps of paid premiums end renew* aka. In er ewer dad Borneo did give prompt tulle to to insurance oerrir and Lender. Lander nay maks proof of loss if not cads Prompt,by Borrower. tbisue Lender and Borrower otherwise apes in writing.'aurorae proceeds shell be applied to restoration or rmpak of to Property demigod, t to restesion or repel is economic*fsaibia and Landers security le not lessened C the restoration or repair is not somntialy beabb or Landers security ward be hewed,to insurance proceeds shell be applied to to was secured by to Sear* dunes whMw er met ton due,with any aces geld b Borrower. If Borrower abandons the Property,or does not anew within 30 days a notice boa Lander tee h Insurance carrier hes offered to oath$clash.hen Lander mey collect to insurance proceeds. Lender may we the passe to rest r restore the Properly or to pay awns secured by this Security Instnrnet whether or not ten due. The 30.d ay period al begin when the notice is meted. Unless Lender and Borrower otherwise wee in*+image any appacato t of proceeds to principle shd not area r emporia due data of the mortify payments reared to In paragraph 1 or carpe to amount of the payments.ts. V under paragraph 21 the Property is aoqured by Lndr,Bavowsrs right to any aura=potties and proceeds resulting from denier to to Property prior b h at>4ieilrtet del pass to Lender to to sdnt of the eons secured by this Security Instrument imnadiateh prior to the acquisition fi Oesup coy.Preservadoa.MalnMiarsoa and Probation d the Property;Borrower's Loan Application,Leaseholds. Boma W,d may,adabid,,end use the Property an Borrowers principle residence Mein ably days alter the execution of this Security reanrrrrt and end mortar to occupy to Property es Borrowers principal residence for at least era yew alter the date of occupancy.unless Lads atwwise agrees in waiting,which corer steel not be unmans*withheld,or unless setersning circumstances mist which are beyond Senores carrot Borrower anal not destroy,damp or rnpd to Property,allow the Property to deteriorate,or commit waft on Packet Page -1539- «wood.up OR: 230 4/28/2015 16.D.8. the Property. Borrower shad be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lenders good faith judgfrere coed remain forfe.se of the Properly or otherwise materially impair the Yen created by this Security Instrument or Lenders security inbred_ Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed wbr a ruing that in Lenders good faith determination,precludes ktfeihtre of the Borrower's interest in the Property or other material impairment of the Ian 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 faded to provide Lender with any material demotion)in correction wet'the loan evidenced by the Note,including,but not knitted to,representations concerning Borrowers occupancy of the Property as a Fancied residence. If this Security Instrument is on a leasehold,Borrower shad comply with all the provision of the lease If Borrower acquires fee bee to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in waiting. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in bey,probate,for condemnation or forfeiture or to enforce Laws or regulations),then Lender may do and pay for whatever is necessary to prtAact the vacua d the Property and Lender's nights in the Property. Lender's actions may include paying any sums secured by a ken which has pnanty 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 riot have to do so. My amounts dnbursed by Lender under this paragraph 7 shad become add/zonal debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terss et payment Cur amounts shall bear interest from the date of disbursement at the Note rate and shad be payable,with interest.upon roots from Lender to Borrower requesting payment. t. Mortgage Insurance. It Lender required mortgage insurance as a condition of making the loan secured by has Security ntananert Somme eel pay the prsnwra 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 shad pay the premiums required to obtain coverage substantially aperient 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 shad pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance pentium being paid by Borrower when the keucaroe cawrage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a less reserve in tsu d mortgage nuraroe. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in to 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. I. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower robce at the time d or prior to an inspection specifying reasonable cause for the inspection. 10. Cords netlon. The proceeds of any sward or direct or consequential,in connection with any condemnation • or cater taking of any pat of the Property,or for conveyor etit , are hereby assigned and shall be paid to Lender. In the sett d a total telor'g of the Property,the proceeds shaeti4ap • lo-tt+e suirit�feetired by this Security Instrument.whether of not then duo. with any exams paid to Borrower. In the event offif�ibet'',*aIt~g of the Property:4.( bu h the fair market value of the Property immediately before the taking is equal to a greater than the a, 'tit j, sums secured by this ur instrument immediately before the taking,unless Borrower and Lender otherwise ogee in writing,the sirs secured by this Security Instrunient shad be reduced by the amount of the proceeds niJapied by he following kiloton:(a)the total.Ltoun(o•b corns secured.'ymmediateiy before the taking,divided by(b)the fair market value of tai Property tnrnediately before the taking!My/balance shays paid to(iomower. In the,event of a partial taking of the Property in which the fair market value of the Property immediately hsoreJ e)akvc`loss-lhao,tl�ba.a ci..1 col t e sums secured immediately for the taking, unless Borrower rd Larder otherwise agree in wmWgfir urksaiff>ad haw othervnre pro4i es,tie proceeds shall be applied to the sums secured by this Security Instrument whedw or trot the spurs`and then dull Jkrlass E'idor and Borrower otherwise agree n writing,any sppicapon of proceeds to principal shad rtoI exta)d epos t due lee;of the monthly payments referred to n paragraphs 1 or change the amount d such payments. ` ,__ `, v!1 11. Borrower Not Released,Forbearance By Lender Not a Waiver,i Extensionof the time for payment or moddcation of amortization cf the sums secured by this Seaiii ,instrument granted by Lendilto an suobees r in interest of Borrower shall not operate to release tie led*of tie oriel Borrower ce Bomoloks.eixcsea rs in interest Le der shallzngt bd required to commence proceedings against ofthe sums secured D this Security Instrument any successor in rarest or rakes to extend tima�faPrpsyhtertt or otherwise modify arrtortiz�ti ru Y by reason of any demand made by the original Bonorrer or�Borrower's successor}in terodt. Any forbearance by Lender in exercising any right or remedy shad not be s waiver of or preckude'ttit kind e-ot.anv right.art»�. 12. Successors and Assigns Bound;Joan!anti-Sep+rtl Lllablat Co s. The covenants and agreements of this Security Instrument shall bind end benefit the successors d assign Lgandir . 'art lorto er,subject to the Provisions of paragraph 17. Borrowers covenants and agreements shad be joint and several. My Borrower who co-signs this Security instrument but doss nct=earn the Nate;(a)is co-signing be Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under tie Mme of this Security kstnnent.(b)is not personally obligated to pay the sums secured by this Security Instrument and(c)agrees that Larder and any other Borrower may agree to extend,modify,forbear or make any accomvnodations 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 wfvch sets maximum loan charges,and that taw•frilly interpreted so that the interest or other loan charges collected or to be colected in connection with the loan exceed the permitted Mutts,earn(a)any such Moen charge shall be reduced by the amount necessary to reduce the charge to the permitted imut and(b)any sums steady whetted 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, My notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless appkcsbls law required use of another method. The notice shall be directed to the Property Address or any other address Bonne desirable by hobos to Larder. My rota to Lender shad be given to Borrower or Lender when given as provided in this paragraph. 16. Governing Law;Saverabtllty. This Seourty Instrument shad 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 contact shad 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. 1e. Borrowers Copy. Borrower shad be given one conformed copy of the Note and of this Security Instrument 17. Trader of the Property or a Bennet&Interest In Borrower. If d 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 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 ken the dab the node is delivered or mailed within which Borrower must pay d suns secured by this Security Instrument It Borrower fails to pay ewe 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. it. Borrower's Right to Reinstate. If Borrower Teets certain conditions.Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the Barter of:(a)5 days(or such other period as applcable law may specify for reinstatement)before sale of tie Property pursuant to any power of sad contained in this Security Instrument or(b)entry of•judgment erlortxg tit Seou ity Insinsnent Those conditions are that Borrower:(a)pays Lender all sums which then would be due under the Security irtrumwt and the Nola as t no ac eleraOOn had occurred:(b)cures and default of any other covenants or agreements;(c)pays d expenses nomad in enforcing lets Security Insinanent ndudnp,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reeeorvaby req.,e b terra that the fan el this Security Instrument Lender's rights in the Property and Borrowers obligation to pay the scams seared by the sew*Instrument shad continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shad 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. Packet Page -1540- «w,ed.ap 2 OR: 2302 4/28/2015 16.D.8. 19. Sale of Note;Gunge of Loan Scriber. The Noe or a partial interest in the Note(together with this Security Instrument)may be sole one or more less without anor not to B..-rower. A sub may nee In a chaff in tie entity(known as to'Loan Senticer')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer undated to e sale of the Nab. C there is a charge of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applrabie law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be pads. The notice will also contain any other information required by applicable law 20. Hazardous Substances. Bonowr shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in tie Property. Borrower shell not do,nor Blow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to tie presence,use,or storage on the Property of small quantities of Hazardous Substances that we generally recognized to be appropriate to normal residential uses end to maintenance of the Property. Baer shat prorrptly give Lender written naiad-any invesEgetion,rein,demand,lawsuit or other action by any governmental or regulatory sgrusy or prime party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower Memo,or is nulled by any go arrnwMal or regulatory authority,that any removal or other renediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actors 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,veletie solvents,materials containing asbestos or formaldehyde,and rade:a w metries. As used in this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction where the Property is boated that relate to health,safety or environmental protection. 21.Acceleration;Remedies. Larder ettal give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement n n tie Ssarsy Instrument(bu(not poor to=aeration under paragraph 17 unless applicable law provides otherwise). The notice shit 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 data specified in the notice may result in aooelen ekn of tie sums secured by this Security Instrument foreclosure by judicial proceeding and sale of the Property. The notice shall tinter inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a delauk or a y other dense of Borrower to acceleration and foreclosure. If the default is not cured on or before the data specified in the notice, Lender,at is option,may require immediate payment in full of all sums secured by this Security Instrument without further demand end may foreclose ere Security Instrument by judicial proceeding. Lender eras be entitled to collect ak expenses incurred n pursuing the remedies provided in this paragraph 21,including,but not kmiled to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of at sums secured by this Security Instrument,Lender shalt release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.AWor eys'Fees. As used in this Security Ins �( �iatN�ota 'attorneys'fees'shall include any attorneys'fees awarded by an appellate court /<' -:C)1-1-,1\\. 24. Rtdrs to this Security Instrument )f'Ocii erriBers arueiec �2y-Brrower and recorded together with this Security ietrunutt the cave arts and agreements of each/su b)id‘shal be neorporat iot6 iix)•shal amend end supplement the covenants and agreements of this Security Instrument as if therridir(g)'wre a part of this Security Iri G (Check Applicable Box) 0 Adjustable Rate Ride / 0/Ri-7te4niiprovsrrenTRide C J Cudrtrrum Rider 0 Gradated Payment Rider ((f % Send Home Rider 0 Baton Rider ( ((0 E B'�kl Pay i permed Unit Development Rider 0 Other(s)r(a)(specify ,(.-=\�`"f ` _ k, _ ; i ,‹i\ .�j(^ I /,........;/ \' \ '1 " . /r^e 1 SIGNING BELOW,Borrower accepts and agrees;pype emus and coverwts contaihed.l this'Secuity Instrument and in any ndr(s)executed by Borrower and recorded with it \( - N. - / ,'`�--__----<s<\--/ Stoned,sealed• • • ed in the presence of: '.� �\,,. / -�.�_---'C ,, ..__/.. _, Sug'iabre: 1..-...r Signature: �t f / (Seal) / Borrower: i'J C'� i.eth�l Pmt Name: ..0 At' . h t' Address: 3 3t I let Z 4 r,a '}vr 04t•c• /" J,.,'t> r L. ,,:y(l.tl STATE OF �.1. ��.�1 Signature: l� v (Seal) ,, - Htir w .C.cDttc;rtiil H vYtc5;t COUNTY OF C.L�.(ts e. Address: /: Ziff kit 2,2.., ,i-,., ee ,''-'.t,L., r 1,?'1 bV I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the courtly aforesaid to tale fie,p eiy appered aT'wl i t. lL 7i'1 'I 4,.,AIL 1•lit-F 1 i)4-,k1.... .10 me known to be the person(s) dworbed in and who aerated tie foregoing Instrument and acknowledged before me that •-I L ti I executed the same for the purpose therein upnssed. WITNESS m y hand end citadel seal n the County and Stale f �day of (� ice!r 1,1 ,19'1 I . My Cormiaston Expires: j4'L --. 1-d. .4 a STEVEN R.MISTER Notary.Proved Name ri MEN R.AMSTER (SEAL) b(I j Nreciale ,,olden ■ BPfC0:Jewry 26,1911 r-; flee tact worm rtes taerwew ' e.--ec-r- _ i Packet Page -1541- “besed.►p 3 tht 00: 2302 4/28/2015 16.D.8. • • $XEIBIT .A. THE WEST 105 FEET OF TRACT 35, GOLDEN GATE ESTATES, UNIT NO. 71, ACCORDING TO THE PLNT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. / ` \\ / \1(7 \ S i e / • Packet Page -1542- 4/28/2015 16.D.8. Prepared by:Mandy Moody Collier County Community and Human Services 3339 E.Tamiami Trail Naples.FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Gerineldo Leon and Georgina A. Mesa. to COLLIER COUNTY, recorded on 04/08/1997 in Official Records Book 2302,Page 2971, of the Public Records of Collier County, Florida, securing a principal sum of 52,500 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: Jennifer A.Belpedio 0 NSA 1 Assistant County Attorney `1?\ [K"f Packet Page-1543- l\\ 1etl: 2944293 OR: 2994 PG: 1513 Bun mu a1ue1 1GWIC1 I ucoion 11 the OTFICIAL MOODS of awn c011 4/28/2015 16.D.8. nIet R 13/11/202 at 11:310 D$IGI?I. HOCK, CCU[ —C..35 11.5! UCCIID 1110R143/56/1 THIS SECOND MORTGAGE(•Sec rity instrument'}is given on Februaryr3.2002 The Second Mortgagor is: Alberto Martinez and Teresa Lopez,Husband and Wife (*Borrower). This Security Instrument is given to Collier County Mender),which Is organized and existing under the laws of the United Staten of America,and whose address is 3050 north aorsesboa Drive. 0375, Naples, Florida 34014 . Borrower owes Lender the sum of Tics Thousand and No/100thr Dollars(U.S.$ 5,000.00 ). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage'),which provides for morklry payments,with the NI debt.if not paid earlier,due and payable on sale of proOertY o[ ref evidenced oo, byltoss of homestead exemption . This Security instrument secures to Lender.(a)the repaymNM f the interest and as renewals.extensions and modifications:(b)the payment of all other sums,with interest advanced this der paragraph 71ot7 b act the Note. F For the Security instrument o Borrower and es hereby e the performance mortgage,d Borrowers�to Lender the following described property n the Note. For this purport,8orrohhrer doss herby second rrhonOags.Oran Collier County.Florida. As more particularly described as Lots 18 a 19,Block 7,Naples Manor Lakes.Collier County,Fulda and which has the address of: (*Property Address•): 5133 Planing Street, Naples, Florida 343.13 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,nglls.appurtenances•rents, royalties,mineral,oil and gas rights and prolks,water rights and stock and at Iixtwes now or hereafter a part of the property. AS replacements and additions BORRROOW��E covered that Borrower Is la seized of the thel gestate hereby conveyed daand the mortgage,grind convey the Property and that the s Property is unencumbered,except two t ton encumbrances record. ��r warrants and wit defend generally the tine to the Property against THIS SECURITY INSTRUMENT combines hrllarm covenants for national use and non-prnlorrm covenants with Smiled variation by wdedction to constitute a uniform security Instrument covering reel property. 1. Payment t COVENANTS.d l Borrower nner and Lender and Late Charges. Borrower shell promptly pay when due the principal d and 1. P11yneM d Principal and Interest;Prepayment interest on the debt evidenced by the Note. or water rates prior to the accrual d any Nineties or interest 2. Taxes. The Mortgagor will pay at taxes.ussessmerts-war t! � • �` due.(AH1}all taxes and governmental chkrgn d any thereon. she awhich may PsY time cause to be - to the Property.(2)al utility end other charms. kid whatsoever*service which trey in at any elmr im lasedte a hkoper or levied unman or and d the Property.and ndudrg•sNrvtot tlnargas',incurred or krhpotedlor kraperetbn,makhlsrwhras,use. � .upkeep irnprw+mherx (3)at assessments or other governments!charges tined(ram- w*y be paid in nstalmknts oYer a period of years.the Mortgagor shell be Mimed under the Mortgage to pay or cause to be Paid oily..uch imudimentees are rewired*be paid during the to m of the Mortgage.and shalt,promptly after the paymeni of any of the foregoing.loiweib to Mortgagee e'iderhee oE9uch received Lender Ethel be apptiad Mot to UNess applicihO., interest dune; principal due;and .to mny hat!'chhires p / y p attributable to the PrapenY'ehsd"".Y fi ChMghs Security Inern r shah putt rl green. time l ay. shat promptly lumen to Lender all attain priority over this earl id kstnhrrrrl.+ lea °d vii notices of amounts to be paid under this pervert). khatntihirx uNess Borrower.(a)souse in writing to Borrower shall promptly discharge ari'y.don which has priority over the serax)tir , the payment memt d the odgetbn secured by the Bert*:manner acceptable to :(0)coMiatl in good faith the Yen by,or wends against enforoemart d the Yen in.legal proceedings wthd!iri hers minion to,'preetai ie enlacement d the lien:or(c)secures hom the holder d the Yen an agreement satisfactory to p wbordlnaWq the Yen to ds SaeuYY Instrument It L determines that any part tits Security l Ladder may give Borrower a notice identifying the hen. d the Property s aublsrt b a lien which may attain +ovRn,' oaf m+ .. Borrower shal satisfy the lien or take one or more of she, ENJorthsbovs-wf, oror erected on the Property hawed S Named or Properly Inetrerloe. Borrower slairlui rkhe floods r erected t d on the for perty Lender against loss by fire,hazards included within the term'erdended txtwngi end`any other hazards,Including requires insurance. This insurance that be maintained n the amounts and a providing the insurance shell be chosen by Borrower sumo l w shag not bwuee onably . t Borrower tae to maintan 7. s r m yat ender' n Prowl paragraph 7. Al At times that the Note is u lstardng,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured me net and pay.as the some become due and payable.re premiums in respect thereto, but not limited to,al-risk insurance protecting the Interests of the Mortgagor and Mortgagee agakrt lose or damage to the Premises by fret doing,and other casualties customarily insu against(including bolter explosion.if appropriate).with a uniform standard extended coverage endorsement including debris removal coverage. Such neutrinos at all tines to be in an amount not less than the full replacement cost of the Premiers.rs.excl skro of footings and foundations. to Lander and shah include•standard mortgage clause. Lender Ethel have All insurance he policies poY an end awsle Lend be acceptable ces, to Lender all receipts d paid premiums and renewal no right to hold the t f to and renewals.ower shall l give pro pt notice to the insurance promptly�� Lender. Lender may make prod d bss 1 not made notices. In the event d lots,Borrower abet give prompt promptly Unless Lender and Borrower otherwise agree n writing,insurance proceeds shall be applied to restoration or repair of the Property 1 the restoration or repair s ecorgm ically feasible and Lender's security is not reasoned. t the restoration or repair is not mealy feasible or Lenders security would be lessened,the insurance proceeds shell 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 Properly,or does not answer within 90 days a notice from Lender that to insurance carrier has offered to settle•clekn.then Lender may collect insurance proceeds. y may use to proceeds to roper or restore the Property or to pay sums secured by this Security kshurnent whether or not we begin when the natal is muted. Unless L and Borrower otherwise agree in writigg,anytha application of proceeds to principal shell not amount of payments. paragraph extend or postpone to We date d the more*payments referred ton paragraph change horn to the Pow wider p prior to 21 the Property s acquired by L,Borrower's right to any insurance rance policies and proceeds resulting dump the acquisition shall pass to L to the extent of the sums secured by this Security instrument immediately prior to the acquisition a Oowtpeney,Preservation,wkemeres and Protection of the _nee txeaanon d this Instrument ward occupy.establish,and use the Properly as Borrowers principal raider re date al occupancy,unless Lender oterwise agrees writing.which consent shat not unreasonably for Yrthheld,or u ex enuating Ottumwa*exist which are beyond Borrowers control. Borrower shah not destroy,damage or knpair the Property,allow to Property to deteriorate,or commit waste on to Borrower shall be in default'•f any forfeiture action or proceeding.whether dull or criminal,is begun that n Lenders good faith Judo Flt could result in forfeiture of the Property or otherwise materially Impair the Yen crested by this Security Instrument or Lenders security interest Borrower may cure each a defatit and reinstate,as provided in paragraph 15,by causing the action or proceeding to be dismissed with a Wring that in Larders good faith delenrhketa+,precludes lone ure of the Borrower's interest in the Property or other materiel Impairment of the Yen created by tds Security Instrument or Landers security interest. Borrower shall also be in default if Borrower.during the loan application proms,gave materely false or inaccurate information or statements lo L(or M ed to provide Lander with any motorist Wormatlon)in oonectIon wet to barn evidenced by the Note. cgs abutleanot kn.Bormwer�+ provision d occupancy lee d nibs Property as a principal residence. If this Searrw Irhless Lender agrees b the merger n writing. It Borrower acquires ties 1Wa m toe ProPMty.t1f lea'Packet Page -1544- Or 4/28/201516.D.B. 7. Protection el Landers Rights In the property. M Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may signl$icandy affect Lender's rights In the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay tot whatever is necessary to a lien which has priority the value of the Property and Lenders r rights n court,paying reasonable attorneys'lees and entering on the Property to make repairs. has P►+�y over this Security Instrument,appearing Although Lender may take action under this paragraph 7.Lender does not have to do so. My amounts disbursed by Lander under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to of ter terms of payment,these amounts shall bear interest from the date of disbursement at the Note rats and shall be payable,with interest.upon notice from Lender to Borrower requesting payment. 9. Mortgage Insurance. It 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. M,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. It substantially equivalent mortgage insurer=coverage is hot available,Borrower shall pay to Lender each month a sum equal to one•twelth of the yearly mortgage insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased lobe 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 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 Lander or applicable taw. 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 poor 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 letting 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'mount of the sums secured immediately before the taking,divided by(b)the fah 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 d 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 ttleleaeed,Forbearance Bye Melver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instruntentii+l b%Lt lde,bSfy successor in interest of Borrower shall not operate to release the liabdiy of the original Borrower or Borrowicke mast imerept./ldn er shall not be required to commence proceedings against any successor in interest or refuse to extend -tor payment or othewise-mildly,amortization d the sums secured by this Security ru Instment by reason of any demand made by the Original Borrower or Borrower's sncressbrs in interest. Any forbearance by Lender in exercising any right or remedy shall not be a aver,61.or-preclude the exercise of any r{gtt 4.remedy. 12. suooee ors end Assigns Bound:,ftoln an4`se The covenants and agreements of this Security Instrument shad bind and benefit the successors,and assigns of L r and Borrower,sui'bjectto the Provisions of paragraph 17. Borrowers coyenadtsti�3aagr e , ie"pl Any Borrower who cosigns this Security instrument but does not execute the Note;(a) �-�'W"^Il ctid Y .t` toimortpage,grant and convey Mat Borrowers Interest in the Property under the terms d this Security iastriumentr(b)is f1c1 Ors/Wally 4 payer sums secured by this Security instrument; and(c)agrees that Lender and any other Bouowrer maygreetarsztenb,ihodify,torbsar or Melts any accommodations with regard to the terms of ttts Security instrument or the Note withiQ hat B towerl-consene— �� f 13. Loan Charges. If the loan secured by this Security Instnurrerit'ls subject to ail which sets maximum loan chugs.and that law is finally interpreted so that the interest sir loan charges collected GOO=tolleEtlyf:In connection with the loan exceed the permitted Whits,then:(a)any such loon charge shall be`'reduced by the amount necessiii,t_ofledl Hits charge to the permitted dmit;and(b)any sums already collected from Borrower which exceededierrietted limits will be refunded to45c rowir. Lender may choose to make this refund by reducing the principal owed under the Note or by 'k4 ct payment to t ore tvet. N a refund reduces principal,the reduction will be treated as a partial prepays' any Prepaayt herge:urrdec.the-NSte:r)Y 14. Notion. Any notice to Borrower provided-lot in-0*--Beeti5Onstriofent shall be given by delivering it or by mailing it by first class mad unless applicable law required use of another manioc rhe-iaotice"shall be directed to the Property Address or any other address Borrower 15. Governing by notice Law;to Lender. Any to ntr men i l nbe governed by federal law and Mine law of jurisdiction in whiicch 16 cionrnMq Law;vewnbWq• This 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. 19. Borrower•Copy. Borrower shall be given one conformed copy of the Note and of this Security instrument. 17. Traveler or the Property or•Beneficial interest In Borrower. m all or any par of the Property or any interest in it is sold or transferred(or II 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 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 Instnxrert. If Borrower tails to pay these sums prior to the expiration of this period.Lender may invoke any remedies permitted by this Secunty Instrument without further notice or demand on Borrower. 19. 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 sppacabie law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry ol 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 tees:and(d)takes such action as Lender may and Borrowers Magadan to pay the SUM reasonably secured by�Securityy Instrument shall continue unchanged. Upon reinstatement by Borrower,Ws Security instrument the obligations secured hereby shall remain fully effective as It no acceleration had occurred. However.this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. seta or Nose:Change of Loan Servitor. The Note or a partial Interest in the Note(together with Mrs Security instrument)may be sold one or more times without prior notice to Borrower. A sale may result Ina change in the entity(known as the'Loan Servicer)that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servitor 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 Servkw 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 team,use,disposal.storage,or release of any Hazardous Substances on or In the Properly. Borrower shall not do,nor allow anyone else to do,anylrkg 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 shad 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 Prod-•••_ _. u_...a .c r,.m.'ce or Environmental Law of which Borrower has actual knowledge. ff Borrower learns,or Is notified by any Packet Page-1545-catty,that any removal or other remediation of any OR: 4/28/2015 16.D.8. Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with EnviftWIMe*al Law. As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by BwiorrreMd Law and the following substances: gaffe,kerosene,other flammable or toxic petroleum products.toxic pesticides and herbicides.volatile solvents,materials containing asbestos or formaldehyde, �Lave means federal laws and laws a the jurisdiction where the Property is r> tiv_mated*.. As used in this paragraph located that relate to health,safety or environmental protection. Borrower's breech d any covenant 21. Aooelaradon;Remedies. Lender shall give notice to Borrower prior to acceleration 17 l nrtess applicable law provides breach of any cos «agreement In this Security Instrument(but not prior to acceleration under paragraph notice shall (a b s to to Borrower,by de mut be c cured:and(d)that failure cure thedat Nora� ipecifed in the n may remit in acceleration of the sums secured by this Security Instrument,toraclours by judicial proceeding and sale of the Property. The notice shell further Inform Borrower of the right to reinstate alter acceleration and the right to assert In the foreclosure proceeding the non-sidelines of a default or any other,dense d immediate accMeration and In full cif all sums secured by kisleSecurity instrument without further demand and and may Lender,al this o e c r may require Lender shall be entitled to collect all expenses Incurred in pursuing the remedies foreclose tole s ar g Ipstn1,inc uy ng.but not limited provided id this paragraph 21.including,but not IMNted to,reasonable attorneys tees and costs of the title evidence. instrument.without 22. flebaae. Upon payment d'Ileums secured by this Security Instrument,Lender shall release this Security charge,to Borrower. Borrower shall pay any recordation costs. 22. Attorneys'Fees. As used In this Security Instrument and the Note.'attorneys'lees'snail include any attorneys'fees awarded by an appellate court. ft one or more riders are executed by Borrower and recorded together with this Security 24. pidgin covenants the d agr ey such ri er shall be i corporated into and shal amend and supplement to covenerts and agreement.the his Secu i and agreements agreements d this Security Iretnrmwart as if the rider(*)were a part of this Security instrument. (Check Applicable Box) N Adjustable Rate Rider Rate Improvement Rider 8�m�m�r Graduated Payment Rider 1d family Rider ❑Second Nome Rider Balloon Rider Biweekly Payment Rider ❑Planned Unit Development Rider Olher(s)(specify SIGNING BELOW.Borrower accepts and agrees to the tome and covenants contained in this Security instrument and in any rider(e)executed by Borrower and recorded with k. Signed,sexed dal dseve�ed e presence d: - �, ``.. 1 Witness* / / j e t e tCZ l{1t I / z •f�^3) pf)orroeer~ ',� a (tart a N. Witrws02: ,/. ! lei.i fir./ '7"r.re .bQ 2/'y-'p 2 y ,, k ,, k i mss' 23? 7 eatiiwq l Street '.' (� .. i Mapirsi) /71-orida 24113 ,r, / -,.W, STATE OF FLORIDA E'.-1,,,\ �'�/ �t.�J COUNTY OF \\14.2\ ti ! I hereby certify that on this day,before me,afti pincer duly authorized h_t+e.slattss oresea and in the county aforesaid to take \ '.^- / Wwovmx to be the person(*)described h and who acicrwowledgements•Damso^say appesrad Alberto Yartlrte°t` ere- fW jr executed the foregoing instrument and acknowledged before me twat-WOOF they)executed, same for the purpose therein sxuprsssed. WITNESS my hand and official seal in the County and Sta al •,.I' ' -.�. ` , f 2012:g. is sSignatire /My Commission Envies: ry (Seal) Notary's Printed Name • NBp B/MIItR �xl. Ore SF DNelee S` jr flafh0ltWN • IlnwmMllim•I Mar ea Fileri: 02-136 7'- /P Packet Page -1546- <z:!1 PROMISSORY MOTs Q 4/28/2015 16.D.8. February3, 2002 CP ir $oorroweri Alberto Martine, 5233 Fleming Street Maples FL 34113 (Property Address) (City) (State) 1. NONSONUR(t) MONISM TO PAY: I/We promise to pay Five Thousand Dollars (*5,000.00 ) (this amount will be called 'principal') to the order of Collier County or to any other holder of this Note (the 'Lender'), whose address is 3050 Horseshoe Drive North, Suite 275, Naples, Florida 34104 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the 'Note Holder'. 2. Dft'URSa?: Interest on this Note shall be zero percent (0t) per annum: except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. 3. PAININTS: Principal payments shall be deferred for the term of the first mortgage loan or until sale of property, refinance, or loss of homestead exemption , the date the last payment is due on refinance or satisfy the first mortgage loan. I/We agree to immediately pay the entire sum due under this Note. Ny/Our total payment shall be U.S. *5,000.00 . 4. *ORROMUR'I RIONT TO PRIM: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is know as a 'prepayment'. When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment 5. LOAN CtNIONS: If a law, which4$pplies—to this-z oil and which sets maximum loan charges, is finally interpreted so t4sat✓,tfie interest or-othar\loan charges collected or to be collected in connection w,'th'"-tihiis loan exceed the\yerrmm$�tted limits; then (i) any such • loan charges shall be reducedLby Ll amount_necea'sary\ to reduce the charges to the &e• l permitted limit; and (JO any a m a,,alrea collected, tram me which exceeded permitted limits will be refunded/ to/me/3,15.. „:10q17—Note Helder May choose to make this refund by reducing the principal that/7 a lmr nd -Ahlii\N6t�?`or by making a direct payment to me/us. If a refund rtedudes pr ncfipAl,llth eduetion will be treated as a partial prepayment. { f n, / l L ) cr16. suaoaDLaTICM: Lender afid Borrower acknowledge and agree/that this security Instrument Nis subject and subordinaG'ie all respects to ;the Iiee(s',..%Xeres, covenants and conditions of the First Deed of Trus """)d to all advances'�.reretofpr�f made or which may hereafter be C4 made pursuant to the First geed\of Trust includi`fig/aU}/sums advanced for the purpose of O (a) protecting or further seicuOng`the lien of_thlOirst Deed of Trust, curing defaults by the Borrower under the irIt�,.Deed__oS--Ttb 'oors'' for any other purpose expressly permitted by the First Deed 'okl Teilstr o rWlb)/"constructing, renovating, repairing, furnishing, fixturing or equipping—ttieLEranertf. 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. SORUONNR(S) FAIL= TO PAY AS RZQURITSD: (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. OrTZNO OF NOTICES: Unless applicable law required a different method. any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by Packet Page-1547- :t* OR: 2994 PG: 1517 **x first class mail to me at the Property Address on Page 1 or at 4/28/2015 16.D.8. 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. OBL!OATZOMS OF MASONS ONDUS Ta=t 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. 101IMS: 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 SWUM MOTS: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument'). dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Borroower is sold lore transferred is And oBorrowerrairss not ea natural person)1 without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums exercised by secured Lender yif this exercis its prohibited by by federal this of the date ofotthis Security Instrument. If Lender exercises this option,jxni- ha3 ' e'Borrower notice of acceleration. The notice shall provide a period-kat-riot 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 Borrowe0s)/f6i-1--te%pay these sums prior to the expiration of this period. Lender may invoke any lcramediii psersted by this Security Instrument without further notice or demand'on/Borrower....1�—\ !Ld ' 7' Notwithstanding the above; the .Lender's gt t, collect and apply the insurance proceeds hereunder shall. be lubject and s:ibordifat. to the rights of the Senior Lien Holder to collect and appLy�4su c3i'procs:gds*dn"acco;dancet the First Deed of Trust. 12. This mote is gowsned ai4tOnstrued is a000rdi oe witb`k `Laws of the state of Florida. � ? / T ! QZidUSS TaS MAMD(s) AND Odd4(s).,or Tsi oimsesioni mi.%/LL/ ` i O act fl ir'G'}�-�r '' (Seal) Borrower Alberto -rcre.za J©Pe-Z (Seal) Borrower IIiII--- MUSN TO, Collier County Housing i Urban Improvement Department 3050 North Horseshoe Drive, #145 File,: 02-136 Naples, FL 34104 Phone: (941) 403-2338 Fax: (941) 403-2331 Packet Page -1548- 4/28/2015 16.D.8. Prepared by;Mandy Moody Collier County Community and Human Services Division 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 Alberto Martinez and Teresa Lopez. to COLLIER COUNTY, recorded on 03/07/2002 in Official Records Book 2994, Page 1513, of the Public Records of Collier County, Florida, securing a principal sum of$5,000 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 - , 2015,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney , % \ Packet Pa:e -1549- 4281360 On. "A" or. 1"c RECORDED in OFFICIAL 4/28/2015 16.D.8. 01/08/2009 at 02:07PM DWIGHT E. BROCK, CLERK OBLD 3800.00 OBLI 3800.00 REC FM 27.00 D0C-.35 13.30 Retn: SECOND FSORTG H AMERICAN TM! CO PICK UP THIS SECOND MORTGAGE("Security Instrument")is given on ,2009. The Second Mortgagor is: Sarafina M.Bowdoin,a single person ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand Eight Hundred and 00/100 Dollars ($3,800.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments, with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exempt ion . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Naples Winter park,VII A Condominium,Unit 3804,Collier County,Florida and which has the address of: ("Property Address"): 4130 Looking Glass Lane South #4, Naples, FL 34112 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 rances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subjeaVi.a e cep,antes of record. THIS SECURITY INSTRUMENT combines upifofrn\co9 Tents foraatten_ ,U§�e and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument,c€effigreal property. I' UNIFORM COVENANTS. Borrower andJLeOdyr covenantt and agree as foiloivs: 1. Payment of Principal and Interest Prepaymentat_and Late y is. Bo?rower'shall promptly pay when due the principal of and interest on the debt evidenced by the Note. / \ \ 2. Taxes. The Mortgagor will pay alr'taxesr.,asse�ssments,.sewer rents or water rtes prior to the accrual of any penalties or interest thereon. \ ' The Mortgagor shall pay or cause to be p frid, s t sae{respectgr�ly etrorr(E/due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be Ia,Jrfully;hssessed:or vi�edd egBir or with respect,to the Property,(2)all utility and other charges, including"service charges",incurred or imposed'Tof:tbe sration..rhaMtenatce,use oc cupaii yii upkeep and improvement of the Property,and (3)all assessments or other governmental charges that may lawfully be paid wp installirent$'over,:a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause tobe;paid only such installments are regtiired to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee Xrhderice,'b ucfl payment. 3. Application of Payments. Unless appltabJe law provides otherwise;-all,pacmetits received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges due under the NotteZ'< / 4. Charges;Liens. Borrower shall pay alltaxeV„assessments,char+ge, Thesand impositions attributable to the Property which may attain priority over this Security Instrument,and Ieasehofd•payrnth tsor Rr r !igots-if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all recelp eviaen at' -thee 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 a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage”and any other hazards,including floods or flooding,for which Lender .requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall 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 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 one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture ar+i^^ or criminal,is begun that in Lender's good faith Packet Page-1550- • OR' AAft t'D ' 1011 4/28/2015 16.D.8. judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning 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 Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage.insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially 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 secur e¢hy-this.Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of tbesurp;rTec rid �ediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balarr 4e•kia1l. pail ` Oes('•ln the event of a partial taking of the Property in which the fair market value of the Property immediately beferrq tp mg is less than fhe 4ryfoyht.of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in wrifria nless 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 art Borrower otherwise agree in writing,any application of proceeds to principal shall not extend 9 1 p' one the'duedate,6fthe monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forb ara�,B,y,-Lender et atver z sio i;of the time for payment or modification of amortization of the sums secured by this Secwnty I` trumet{t� nted �e; ' (?s 9� b�',�hc�er n �successof in interest of Borrower shall not operate to release the liability of the original Borrower orlBorrbweFs successors irX ir=teiese Le�ide(shell not be required to commence proceedings against any successor in interest or refuse to exteri�l ttr} Ipi paglpentioLlotnerwisegiodi*y anfitrrt z ation of the sums secured by this Security Instrument by reason of any demand made b tttle ongirtal Borrower or Borrower's subcessdrs interest. Any forbearance by Lender in exercising any right or remedy shall not be a wai ter of or preclude the exercisewof anyirigt t'ar,Ternedy. 12. Successors and Assigns Bound;,loj t and Several Liability; oSigners:',The covenants and agreements of this Security Instrument shall bind and benefit the successors enftassigns of Lender and Borl-owetsuble'of to the Provisions of paragraph 17. Borrower's covenanta'andgreements shall be joint apd sev'Irel. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-sign this-Security Instrujoent-nil`)o mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument.(bir$sinoff ISerSpyial(yobligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agrt:e-to.exientirio l ,-ftirbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's conielrt 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,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer.Borrower will he given written notice of the change in accordance with Packet Page -1551- • OR 4/28/201516 D.8. paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following 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;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument;foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider 1'C R�1 ❑Second Home Rider ❑Balloon Rider ❑Biweekly Payment tde' PI ied Unit Development Rider ❑Other(s)(specify %0Y%-� 1''r\ /G/ \` \, SIGNING BELOW,Borrower accepts and agrees to tlXa teima d covenants oo itained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. / / 1.—.-,‘M, ) \ Signed,sealed and delivered in the presence lf: `i i ( 1 y f i /}) 111 1 ! �� , / Witness#�� r,1/Fes ?\�`..,L-"v' ignu�. �� ,; J ;r" \ Borrower"�, Sara' 'na M. Bowdoin Signatures U —'' 11.1W71l' v r''\ _ I "-/ Witness#2: ,". Signature /� ., ('a ,Co-Borrower/,:',f:' Signature: I/�'� / k, "- °'74crdress:-4130 Looking Glass Lane #4 Naples, Florida 34112 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Sarafina M.Bowdoin 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. p WITNESS my hand and official seal in the County and State foresaid this,—f (dday�of/�.0kA. 1 ,200 / . My Commission Expires: "-• T�• / otary Public's Signature z &ISMB.1NFfttty Notary's Printed Name '' f 1Y COMMON/DD 850647 „,r4 qJ. Bonded Ndry he rOr>MMwIlrr File#: 09-100 Packet Page -1552- 4/28/2015 16.D.8. Prepared by:Mandy Moody 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 Sarafina M Bowdoin to COLLIER COUNTY, recorded on 04/08/2009 in Official Records Book 4442, Page 1816, of the Public Records of Collier County, Florida, securing a principal sum of S3,800 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 - , 2015,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A. Belpedio \‘‘Assistant County Attorney Packet Pa:e-1553- INSTR 4746922 OR 4841 PG 2902 RECORDED 10/3/2012 9:30 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 4/28/2015 16.D.8. REC $44.00 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument")is given on day of ,2012. The Second Mortgagor is: Jorge L. Reyes, Jr., a single person ("Borrower"). 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 provides for monthly payments,with the full debt, if not paid earlier,due upon sale if sold within the fifteen year term. If sold within fifteen years then the loan will be forgiven in three equal parts each five years so that at the end of the fifteen year term the balance owed is zero.If sold after the fifteen year term,no repayment is required. As long as the recipient continues to own and occupy the assisted property during the term of the mortgage,then the loan will not have to be repaid. This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals.extensions and modifications:(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate Est Unit 82 W1130 ft of Tr 36 OR 1321 Pg1768,of the Public Records of Collier County, Florida and which has the address of: ("Property Address"): 2725 14th Ave SE Naples FL 34117 (Address) (City) (State) (Zip) TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stotis.actd_all_,fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrumentt��/tj¢tthe gingis referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is utjy,Nei2Ed;O�tate,hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencurn ,`,exdept for encurribranb '1.record. Borrower warrants and will defend generally the title to the Property against all claims and demand s`Subject to any encumbrances of-record. THIS SECURITY INSTRUMENT combines uniform covenants for national usv and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instr}tmenrcovgrin real-property..,- UNIFORM COVENANTS. Borrowerend Lender coiinant and agree as follows\ 1. Payment of Principal and Interest; r nta tecGherge5-8orc er shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 1 >� / ""\i/ O ' hi) )\} \h, 1 2. Taxes. The Mortgagor will pay ill to s,4ssessments1 sewer feats o iiyat r rates prior to the accrual of any penalties or interest thereon. 1(^,`\L , �`1 J _ 7 1 The Mortgagor shall pay or cause to'.lge:paid,as the samg respeeT�{etly become du (1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfUl)y,assessed or levied againstNpr with jrespeCK-tolthe Property,(2)all utility and other charges, including"service charges",incurred or imposeq`fgPtlte operation,maintenanc se occupancy,upkeep and improvement of the Property,and (3)all assessments or other governmental charges Jtat.may lawfully be paid in mstafmertfover a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to bepaidonly such installments as are}re)xuired to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,sfori*ard tto Mortgagee evidencerdt such payment. 3. Application of Payments. Unless applicab(evlaf"prq`vrStesuthe+,v(is2,..a payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges-dd ender to (bte" 4. Charges;Liens. Borrower shall pay all taxes,asseighents;Charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or 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;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,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 Y\'l' Packet Page -1554- i OR 4841 PG 2903 4/28/2015 16.D.B. judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or 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 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 Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial takiogg-o� .a opedr.,Jn which the fair market value of the Property immediately before the taking is equal to or greater than the amount 9f-the syirisjse efi firth ecurity Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the su(>tecdred y rs tyttfrStmtment shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amodntW sums secured immedik?Itely_before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any bltiiayroe shall be paid to Borrower Sn the event of a partial taking of the Property in which the fair market value of the Property immediately before(helaking•is less than the amorktt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree id writing oomnlesa appTcat5fe"ta4therwise,provldes,the proceeds shall be applied to the sums secured by this Security Instrument whether of not he sums are'hen&p. Unless Lender@nd Borrower otherwise agree in writing,any application of proceeds to principal shall not exten pr pos tone a 7tue'tat of'the rmo>?y payments referred to in paragraphs 1 or change the amount of such payments. ( J j i )JJ yr 11. Borrower Not Released,Forb arao,ce�y Lend r ot,a it 4j.ver. Extensionrof thg time for payment or modification of amortization of the sums secured by this Security fn§tnmretit graOtbe bttLender toe ccpssor in interest of Borrower shall not operate to release the liability of the original Borrower or 1 `rroyuer's successors in intere`tt. Lender sl3athndt be required to commence proceedings against any successor in interest or refuse to extend\ime for payment or otherar"se modify snob tization of the sums secured by this Security Instrument by reason of any demand made by thrr'eniginal Borrower or Borrowe s suacesac Ain interest. Any forbearance by Lender in exercising any right or remedy shall not be a waivertof'or,preclude the exercise of atly4ighj,,r remedy. 12. Successors and Assigns Bound;Jbint"anti.Several Liability;Co.-Sjgsyers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns--d¢¢f-endeLaod-Bdrioyve';;sUbject to the Provisions of paragraph 17. Borrower's covenants and agreefncIrjf Shall.bie"cjQinband several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing thi3'SeCtit *1trurnent only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent.Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that (� collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer \,v 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 w t' t Packet Page -1555- OR 4841 PG 2904 4/28/2015 16.D.8. • paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) El Adjustable Rate Rider 1=1 Rate Improveme I± c-R(`O(j;Z■,f-I Condominium Rider ❑Graduated Payment Rider ❑1-4 Family'f itfer:% �`'.,., IJ.Second Home Rider Balloon Rider Biwee ` ❑ ❑ �sapient Rider \O Planned Unit Development Rider ❑Other(s)(specify / SIGNING BELOW,Borrower accepts and agues tiariceTrvis a rovemanE.captained this S= un y I •trvm• and in any rider(s)executed by Borrower and reco• •wi it. ( I( ( ( J ) I .J ( . /' Signed,sealed• d.• 'eyed i�the.esence 1 -' '---f —=' ° � ' ' I Witness#1: Ar �� S1ttature: f ��r j Bbicovreq.s.'i,'. Jorge L Reyes, Jr. Signature: M �- ( r r 1 r , /,'4N';/ Witness#2: 41111110.1112_�• .___: Sigettli+ ' Signature: ` Address: 2725 14th Ave SE Naples, FL 34117 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day,Jorge L. Reyes, Jr.,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 State aforesai.oft'day of ,2012. My Commission Expires: Nota air1gplir (Seal) Notary's inted N. •e N_O+• O TARY'P CUoB^^ A O F FLO RID A en tEraEd0a 72963 SHIP File#: 11-026 Prepared by: EoS�.o Tarr terrcac�> cco.,Ltic Collier County Housing,Human&Veterans Department 3339 E.Tamiami Trail,Bldg H,Suite 211 Naples,FL 34112 Packet Page -1556- ; OR 4841 PG 2905 4/28/2015 16.D.8. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROMISSORY NOTE Date: September 17, 2012 Borrower: Jorge L. Reyes, Jr. 2725 14t4 Ave SE Naples FL 34117 (Property Address) (City) (State) (Zip) 1. BORROWER(S) PROMISE TO PAY: I/We promise to pay Twenty Thousand and 00/100 Dollars ($20,000.00) (this amount will be called "principal") to the order of Collier County- SHIP or to any other holder of this Note (the "Lender"), whose address is 3339 E. Tamiami Trail, Naples, Florida 34112. I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. 3. PAYMENTS: Payment in full is due upon sale if sold within the fifteen year term. If sold within fifteen years then the loan will be forgiven in three equal parts each five years so that at the end of the fifteen year term the balance owed is zero. If sold after the fifteen year term, no repayment is required. As long as the recipient continues to own and occupy the assisted property during the term of the mortgage, then the loan will not have to be repaid. My/Our total payment shall be U.S. $20,000.00. 4. BORROWER'S RIGHT TO PREPAY: I/WV v TIsight to make payments of principal at any time before they are due. A peii n . of in-Ciia1J7 only is known as a "prepayment". When I/We make a prepayment, I/weiaid 11 the No .i'ib$i e in writing that I/we am doing so. /(...‘'..;> I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to/red}iceethe aineant,- l,the ptinc{pal that I owe under this Note. If I/We make a partial prepayment,the e will\be no\changes in the due date or in the amount of my monthly pafine9t 3ess t�c m-8 3�de grees in writing to those changes. ~W l 1 / ` If I/We make a partial+prvayment, +t e f 1 e\ pre ayment penalty adhering to or associated with such prepaysen!t I —' I 5. LOAN CHARGES: If a law,.wh'ich applies to this loan afdtuhich sets maximum loan charges, is finally interpreted e4e'\that the interest .Qr dth `rjiLoan charges collected or to be collected in connection ).ii( \this loan exce"et+w the/p'Bm'itted limits; .then (i) any such loan charges shall be reduced by the amount ne�oessaay to reduce the charges to the permitted limit; and (ii) `any eums already coj.1!efted' from me which exceeded permitted limits will be refunded to me/d The Note;Iidl er" may choose to make this refund by reducing the principal that I/We�.bye unddeq `4ti L4ote or by making a direct payment to me/us. If a refund reduces prihni 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. k_, 1 �� Packet Page -1557- *** OR 4841 PG 2906 *** 4/28/2015 16.D.8. (B) Payment of Note Hoiuer'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. B. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at.a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we..maiCein�`Note. That Security Instrument describes how and under what conditions .l a -be u'red to make immediate payment in full of all amounts I/we owe under tb dote:' Some are described as follows: (( d Transfer of the Property r `7 Beneficial Interest 'in BOFrower. If all or any part of the property or any interes ir/ is sntri o transferred\ (or if a beneficial interest in Borrower is sold or transferre$"Ahd B rower\is note a 'natural person) without Lender's prior written consent, Lend-may i b—eptdect,e squire immediate payment in full or all sums secured by thie, Secoifitly ,Zns�tiumen �/6 Hbwei}er, this option shall not be exercised by Lender i exertisei ie prohibit-ed 'bye federal law as of the date of this Security Instrument. r^.. '�,yf If Lender exercises this.option, Lender shal2f.give Bo gwer notice of acceleration. The notice shall provide a petted of not less th'tnirty',(30) days from the date the notice is delivered or mailed, di' hin which Borrower`iiuSt'p'c/all sums secured by this Security Instrument. If Borrower(•s) ',.a.il to pay these u`nis prior to the expiration of this period, Lender may invoke emedies_pepgi ted�Ay this Security Instrument without further notice or demand on Bdnroyef -C Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and c strued in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) I($D SE (S) Or UNDERSIGNED. \ / (Seal) Borrower Jorge . Reyes; Jr. (Seal) Borrower RETURN TO: Collier County Housing, Human and Veteran Services Department SHIP DOWN PAYMENT AND CLOSING COST ASSISTANCE PROGRAM 3339 E. Tamiami Trail, Building H, Suite 211 Naples, Florida 34112 SHIP File(: 11-026 2 Packet Page-1558- 4/28/2015 16.D.8. Prepared by:Mandy Moody 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 Jorge L. Reyes Jr. to COLLIER COUNTY, recorded on 10/03/2012 in Official Records Book 4841, Page 2902, of the Public Records of Collier County, Florida, securing a principal sum of $20,000 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A. Belpedio ‘,C? II Assistant County Attorney ( Packet Pa:e -1559- INSTR 4542937 OR 4666 PG 1708 RECORDED 3/30/2011 12:40 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 4/28/2015 16.D.B. DOC @.35 $12.60 REC $35.50 OBLD $3,560.00 OBLI $0.00 SECOND MORTGAGE THIS SECOND MORTGAGE('Security Instrument')is given on 18th day of March ,2011.The Second Mortgagor Is: * Andres Morcillo and Eustaqula X.Rivas Farinas, a single woman * 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 3339 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand Five Hundred Sixty and 00/100 Dollars ($3,560.00). 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 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 Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate,Unit 6,Blk 222,Lot 17,Collier County,Florida and which has the address of: ("Property Address"): 5431 27th Ave SW Naples Florida 34116 (Address) (City) (State) (Zip) TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock.andail fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by the Security Instrument: a foryg'oit)g-kreferred to in this Security Instrument as the"Property'. BORROWER COVENANTS that Borrower is lawfully s3if tht 6st'atrrebY conveyed and has the right to mortgage,grant and convey the Property and that the Property Is unen�a,_e for encumb QU record. Borrower warrants and will defend generally the title to the Property against all claims and demands,btlbject to any encumbrances-6,f rpcor4. THIS SECURITY INSTRUMENT combines or(ifern covenants for national use and ne-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument coveringres1-p UNIFORM COVENANTS. Borrower and Leisdepwvenpnt and agrepas follows:\ 1.Payment of Principal and Interest;Pre merit atid.laffi Charges.'\Borowenshatl promptly pay when due the principal of and Interest on the debt evidenced by the Note. j I 2.Taxes.The Mortgagor will pay 41I tax ,asses merits,sewer,rents crwater, to prior to the accrual of any penalties or interest thereon. t 1 1 The Mortgagor shall pay or cause to,be pa aside as nejjestedtivey be e e,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against grwith respect toASe+Property,(2)all utility and other charges, including"service charges',incurred or tmposeFifer the operation,maintenance,alse,ooclipanpt upkeep and improvement of the Property,and (3)all assessments or other governmental chargegthat may lawfully be paid IninStellmentsrovar a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to bdpeid.only such installments as are.liequirdd to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,.forward to Mortgagee evidenee,orsecii payment. 3.Application of Payments. Unless applicableJew.Rrovides otherwise,-attpayments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late out ige4hdubnder-the'blote.�)r/� 4. Charges;Liens. Borrower shall pay all taxes,4s sierr{ent chdtges„fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold pay -ground itnts,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 al-o;nst 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 pad of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term'extended coverage and any other hazards,including floods or flooding,for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to 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 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 in e ri r coverage endorsement,including debris removal coverage. such insurance ai all times io be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,Insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or 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 carder has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds b 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 this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy,un less Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the • Property. Borrower shall be In default if any forfeiture action or proceeding,whether civil or criminal,is begun that in 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 Packet Page -1560- OR 4666 PG 1709 4/28/2015 16.D.8. interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,In Lender's good faith determination,precludes forfeiture of the Borrower's interest In the Property or other material impairment of the lien created by this Security Instrument or 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 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 prindpal residence. If this Security Instrument is on a leasehold,Borrower shall comply with at 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 Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance In effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In effect,at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect,from an alternate mortgage Insurer approved by Lender. If substantially 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 toss 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 tak'��a,Pr nwhich the fair market value of the Property Immediately before the taking is equal to or greater than the amount.o(.thesr�ourbd s ?:curly Instrument Immediately before the taking,unless Borrower and Lender otherwise agree in writing,the suymM1(�s,�secrVed-by'this Sei:arity.. fig rent shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amouht. le'sums secured immediately h*fore the taking,divided by(b)the fair market value of the Property immediately before the taking.An/betam ce shall be paid to Borrower. Inhte event of a partial taking of the Property In which the fair market value of the Property immediately before the-takings less than the amount'f the sums secured immediately for the taking, unless Borrower and Lender otherwise agree irfwriting or)yile t,,applicabrelaw,&berwise provides‘the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums arell Aue,Unless Lender and Borrower otherwise agree In writing,any application of proceeds to principal shall not ndion6stpbne'tX/esdue j hI9 ppyme is referred to in paragraphs 1 or change the amount of such payments. ! I( 1/ \I/ t 4 /P `i 11. Borrower Not Released,Forbearance By Landed Not a V lvgr.-'Extegsioh of the tithe for payment or modification of amortization of the sums secured by this Searrity l tni orar gd b Lender to anye uocessorin interest of Borrower shall not operate to release the liability of the original Borrower or B arrowe?aliuccesstt m�n in erect Lender shall nig*required to commence proceedings against any successor In interest or refuse to ei ndtitime for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by tbe:original Borrower or Borrower BorrowerObccessor44ittnterest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver f of preclude the exercise&any r ght orternedy. 12.Successors and Assigns Bound;'ldlnt aid Several Liability;CoSigearsL ere covenants and agreements of this Security Instrument shall bind and benefit the successors en dasslyr}3 of Lender and Borrowers(lb)ed to the Provisions of paragraph 17. Borrower's covenants and'ofreemetl is-sballhe.joint'anceeyerel.Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signingthis Segufty let ertgny to mortgage,grant and convey that Borrowers interest In the Property under the terms of this Security Instrument; ;cobligated 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;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. Borrower's Copy. Borrower she8 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 note natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument.including,but not limited to.reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument.Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan ServIcer.The Note or a partial Interest In the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity(known as the'Loan Servicer)that collects monthly payments due under the Note and this Security Instrument There also maybe 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. 4� Packet Page-1561- �j OR 4666 PG 1710 4/28/2015 16.D.8. 20. Hazardous Substances.Borrower shag not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any Investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used In this paragraph 20,"Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.'Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at Its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In this paragraph 21,Including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of atl sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees'shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate ImprovernentRidei R a ❑Condominium Rider ❑Graduated Payment Rider ❑1.4 Family R'��deei�y,� e fr../i• NZ Second Home Rider ❑Balloon Rider ❑Biweekly P yi rlt'Riider ❑karuriUriitDevelopment Rider ❑Other(s)(specify /./X SIGNING BELOW,Borrower accepts and agrees to/the terms and,&ove lams conta\ned In this,Security Instrument and in any rider(s)executed by Borrower and recorded with it. (i/-7-1(-77- ` Signed,sealed and delivered in the presence of: it ( � {I1 r.;• Witness#1: . S -Signature:•. rr rl' Borrower i n Andre Morcillo Signature:t //l '�• P. i ' f" Witness#2: Vivian 714, fir-re-/1'71 Signature: Borrower:,.F7`staquia X. Rivas Farinas Address. 5431 27th Avenue SW Naples, Florida 34116 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Andres Morcil to and Eustaquia X. Rivas Farinas 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. �yy .! /l/� / WITNESS my hand and official seal in the County and State aforesaid this I(l Ile day off//`' r-, /i 2011. My Commission Expires: q-oZ-o? ll cna urn/ Notary Public's ignature (Seal) ((i LT'T7141 V en'ez_ Notary's Printed Name KELLI SMITH GUTIERREZ ( 41.4'.1 est Notary Public-State of Florida 4 :My Comm.Expires Sep 2,2014 lo , 4 ' Commission#EE 22844 File#: 09-311 Packet Page -1562- *** OR 4666 PG 1711 *** 4/28/2015 16.D.8. Lot 17,Block 222,Golden Gate,Unit No. 6,according to the map or plat thereof as recorded in Plat Book 5, Page 124, Public Records of Collier County, Florida. / �,/ L / i E4 III ,, __--')\\.1\ 1/� v f i t `:,f,; \ 1r` ,... �` Z .:.1 \ �., / v `/ • j . ��L.t' t ,,1i�..,‘-,----7" • Packet Page -1563- 4/28/2015 16.D.8. Prepared by:Mandy Moody 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 Andres Morcillo and Eustaquia X. Rivas Farinas to COLLIER COUNTY, recorded on 03/30/2011 in Official Records Book 4666, Page 1708, of the Public Records of Collier County, Florida, securing a principal sum of 53,560 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 - , 2015,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney Packet Pare -1564- 4/28/2015 16.D.8. 2123536 Vito LLJV IVs VV/lo • • ocum if IIIICUK 11011 St CJILIII COMM, Pi 11/41/15 K 11:1111 ISI411 I. MCC MIK 4Y 1514.11 2541.11 nt 1u 11.54 I0C•.3S 1.15 II1-.142 5.11 Mh: COLLIU Cwt!TIM CO 1311 CI 111 11 MU TI 31111 =CCM ) 7/� Tons sECOrO mawrosac rendM Ir.amsrl•liam.or—`-�^ •'"''i"i'6�•�dada WRVS.r STANLEY P. 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EXHIBIT W THE EAST 160 FEET OF TRACT NO. 1$, GOLDEN GATE ESTATES, UNIT NO. 71, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBUC RECORDS OF COWER COUNTY,FLORIDA. .1ORC F /j\ / /„.____iss — ---- \ \ r f 1 (/� D / 1 ` C 1 `�f� c 1 , . f Fib•2 Packet Page-1568- 4/28/2015 16.D.8. Prepared by:Mandy Moody Collier County Community and Human Services Division 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 TAM.IAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Stanley P. and Brenda S. Fussell. to COLLIER COUNTY, recorded on 12/02/1996 in Official Records Book 2256,Page 0072, of the Public Records of Collier County, Florida, securing a principal sum of$2,500 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 - , 2015,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By: -- ,DEPUTY CLERK TIM NANCE. CHAIRMAN Approval for form and legality: r Jennifer A. Belpedio ` Assistant County Attorney Packet Pa:e-1569- Retn: 4299407 OR: DAVID 3 STERN 4455 PG: 4/28/2015 16.D.8. RECORDED in the OFFICIAL RECORDS of COLLILA ��,, ri • 900 S PINE ISLAND RD #400 05/26/2009 at 10:53AN DWIGHT E. FROCK, CLERK OBLi 3000.00 • • PLANTATION FL 33324 REC FEE 35.50 Record and Return to: DOC-.35 50.50 Law Offices of David J.Stern,P.A. 900 S. Pine Island Rd. Ste 400 Plantation,FL 33324 SECOND MORTGAGE d /5-14, THIS SECOND MORTGAGE("Security Instrument")is given on d of / 1 CA/ ,2009. The Second Mortgagor is: Olga J.Clemente,a single woman ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Three Thousand and 00/3.00 Dollars ($3,000.00). 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 loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and at renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Lot 188,Leawood Lakes,Collier County,Florida and which has the address of: ("Property Address"): 178 Leawood Lakes, Naples, FL 34104 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,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 lope UNIFORM COVENANTS. Borrower and Lender covepant dragfe ps f llows: 1. Payment of Principal and Interest;Prepayrpert Yhd ha�igesr,Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. f ,.- 2. Taxes. The Mortgagor will pay all taxe's a f essments,sewer rents or Waterrbte prior to the accrual of any penalties or interest thereon. / The Mortgagor shall pay or cause to be paid;as the same-respec iyely,becomaidue,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully asses Forteviedagainsi ontwith respect td,the Property,(2)all utility and other charges, including"service charges",incurred or imposed fort ref ; m opyganc))i upkeep and improvement of the Property,and (iat m t wfuI)y b PAance,fise� (3)all assessments or other governmental charges'jhat ma��awful)y b Ra`ut{'rr r9slallmefatslover a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause;to blpaid only suph inst'll e( sas kre quii�ed td be paid during the term of the Mortgage,and shall,promptly after the payment of any of thei feregoing,fotihard t&Mertiadee evidbnce of such payment. 3. Application of Payments. Unleksappii able law`provfdes°otl1 ise,Thti pdyrdq s received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges due under the. ote. I 1 r 4. Charges;Liens. Borrower shall pay aihtaxes,assessments,char0s,fines hr0,'impositions attributable to the Property which may attain priority over this Security Instrument,and le bold payments or ground rentsjif,any&-Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and'all,receipts evidencing the paymerts. Borrower shall promptly discharge any lien`whas riority over this.,Secgritylristrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a niarrhera tablet ".eodet.t •contests in good faith the lien by or defends against enforcement of the lien in,legal proceedings which in the Len*ei'3 4ginfo7)p atet6 prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender suborrfifiating-thei ien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or 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.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;Borrowers 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 one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrume 3orrower shall also be in default if Borrower,during ttte Packet Page-1570- 4/28/2015 16.D.8. 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 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 Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially 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;attheoption 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 a e..(aw otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums-aril_ LiiV App.-Lender ss�ender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or totpiloiest e.3]ate o`�orithly payments referred to in paragraphs 1 or change the amount of such payments. rr 11. Borrower Not Released,Forbearance +,A ender Not a Waiver.nt EXtertsl n' f the time for payment or modification of amortization of the sums secured by this Security'Instrumer granted by Lender to any in interest of Borrower shall not operate to release the liability of the original Borrower or Bdrrowfrs' ,uccessorc in interest-t Lender' hall fipt be required to commence proceedings against any successor in interest or refuse to extencj'time or p cotherwise modif■amortization of the sums secured by this Security Instrument by reason of any demand made bythe orI o t in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waive(ti ')e ucre tile exgr of ny 'gIt`t or remedy. 12. Successors and Assigns Bound; int and(Several Li6¢ilit4o jgriers.1 The covenants and agreements of this Security Instrument shall bind and benefit the successors—a fd asslgl s\of ighdef dndliorrow r,subject to dhe Provisions of paragraph 17. Borrower's coveriapts anThagreemerit haliFeijgjnt an- evere ny Borrower who co-signs this Security Instrument but does not execute the Note;(a)i�;co-,signing this Security Instrument only to,itbitgage,grant and convey that Borrower's interest in the Property under the terms of this Security Ifisttrulnent;(b)is not personalI t bligated1ppay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrowergaay,agree to extend,modify,forbeat,oh ake any accommodations with regard to the terms of this Security Instrument or the Note without that a rrp,We`s consent. �,c'`-''i 13. Loan Charges. If the loan secured bythr Instrument is-att ct"to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loait a Rect i pilected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by ftibamoiltit.neceas .to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits wlfbe-ref 1nded 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,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do.anything affecting the Property that is in violation of any ,. Packet Page -1571- � i 4/28/2015 16.D.8. Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument-by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (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)(specify --` c3 . SIGNING BELOW,Borrower accepts and agrees to the i�n7,a mants r tetneej�-u1 this Security Instrument and in any rider(s)executed by Borrower and recorded with it. ,, d' Signed,sealed and d livered in t .resence of:� l ( r�_Signsture: v/t f/ „ -1/ea,'r,�rY 1)( i7 fr } w, �Oa J.{ Clemente Signature: ?`�((/ {{ r l ( 1l! I I. / Ia —' C ? Witness#2�--«GUS—XZU;../ 6 LiV,f�t t n ` -1 r t" / r",",\ Co-Borrower I i Signature:�J / e l- (7-474',/2�:7; 1 +r i `----l \,4'\ ''d'r / %'., /F \'f Address: 178'Theaaxood Lakes \(` Nap1e`s. Florida 34104 STATE OF FLORIDA \?' >,, ----- .-< COUNTY OF COLLIER `a'1.- -t - I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Olga J.Clemente 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. , i WITNESS my hand and official seal in the County and State aforesaid this ✓ .. of ,20 0 (. My Commission Expires: -2-2 )0 AIWA,,', ______ __ Notary Public • -hire, (Seal) -e((I 6;7til 2./7-( 2 Notary's Printed Name ,, KELU GUTIERREZ / e i° n::`r e Notary Pubic-State of Florida •DIY ConvnI sbn Expires Aug 22,2010 ?„ '.. cL= Convnission s 00 578749 I 'f `.r∎"' Bonded By National Notary Assn. 0 File#: 09-124 PREPARED BY: FRANK RAMSEY COLLIER COUNTY DEPT. OF HOUSING & HUMAN SERVICES 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 Packet Page -1572- *** 4/28/201516.D.8.' Exhibit A LOT 188,LEAWOOD LAKES,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE(S)62 THROUGH 64,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Parcel Identification Number:54670003962 • \ l I - / � \ \ , (jV ,ti F A4 - File Number:O8-C23757 DoubleTlme. • Packet Page-1573- 4/28/2015 16.D.8. Prepared by:Mandy Moody 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 Olga J. Clemente, to COLLIER COUNTY, recorded on 05/26/2009 in Official Records Book 4455, Page 2289, of the Public Records of Collier County, Florida, securing a principal sum of S3,000 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 - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK TIM NANCE,CHAIRMAN Approval for form and legality: Jennifer A.Belpedio 0 Assistant County Attorney C� \\ (4 Packet Pa e -1574- Retn: 4U154Z1 OR; 42''26 PG: 0961 Omit 1;nor nn HOUSING 6 GRANTS CBDG RECORDED in the OFFICIAL RECORDS of COLLIEI 4/28/2015 16.D.8. HORSISROS DR 05/08/2007 at 03:03PM DWIGHT B. BROCK, CLL._. " , ATTN: WINDT RLOPP DOC-,35 52,50 FORM 0 SECOND MORTGAGE THIS SECOND MORTGAGE("Security Instrument)is given on Mayl,2007.The Second Mortgagor is:WAYNE PINGEL, 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 3050 North Horseshoe Drive #110, Naples, Florida 39109. Borrower owes Lender the sum of Fifteen Thousand Dollars(U.S.$ 15,000.00).This,debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments, with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption. This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. More particularly described as :That certain condominium parcel composed of Unit 10, Shenandoah Estates, Phase I, a condominium,and an undivided share in the common elements appurtenant thereto In accordance with and subject to the covenants,restrictions,terms and other provisions of the declaration thereof recorded in Official Records Book 781,pages 191 through 237,inclusive,as amended and restated in Official records book 1129,pages 1391 through 14387,inclusive,of the Public records of Collier County,Florida and subsequent amendments thereof. Foliotf 73430400003 and which has the address of ("Property Address"): 9621 Molokai Dr. Naples, FloridaZ7�� iC (RI'P' TOGETHER WITH all the improvements pow Okher bn e•preeerty,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,wait fatlind stock and al ur s,.now or hereafter a part of the property.The Security Instrument shall also cover all replacements andlaciaitrons. All of the foregoing itvefe'rred to in this Security Instrument as the"Property". BORROWER COVENANTS that Brirrowacjejagulkseized of the estate'herebyconveyed and has the right to mortgage,grant and convey the Property and that the Property is inepor beretl exeept.fgr-encumbr'ances'f record. Borrower warrants and will defend generally the title to the Property against all claims an de'?ffands,subject to any encurigbranbes of record. THIS SECURITY INSTRUMENT combine sronifq `"' n l useaend non-uniform covenants with limited variation by jurisdiction to constitute a uniform security inst 6mennt eoperih 'frpro b)1y. \/ \ II UNIFORM COVENANTS. Borroweriand,Lender c venarft fin(i=agree dllowls: , 1. Payment of Principal and Ir tetest;,FFpSymeht.nit Late harg.—. Borpwer&hall promptly pay when due the principal of and interest on the debt evidenced by the Note` 2.Taxes.The Mortgagor will paalitaxes,assessments,sewer tents or inrater ates prior to the accrual of any penalties or interest thereon. ? 1 /,'''"1 � ;,�� "? �� The Mortgagor shall pay or cause to,t .paid,as the same respectively,become'due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be.lew,fulfy assessed or levied agapet or rvitft respect to the Property,(2)all utility and other charges,including"service charges",incurred orir`pnsei1forthe operation, maintenapde,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other govemMenta air es-ttfet pa$%Iawfuny be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to payer eio be plal0 llyt;`uch installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any B1'the-far0going,forward to Mortgagee evidence of such payment. 3.Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late charges due under the Note. 4. Charges;Liens, Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval,which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable, all premiums in respect thereto,including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement including debris removal coverage.Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30- day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. Packet Page -1575- __,,,..e ( 4/28/2015 16.D.8. FORM 0 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers 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 one year after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in 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 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,preludes forfeiture of the Borrower's 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 Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations conceming Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on leasehold,Borrower shall complywith 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 tenders Rights in the Property. N Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien, which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so.Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 6. 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 la sp ed Or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insuranc -t s-sesp�rrvre-paynw.nts may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and fort apitr` haf•Lenig wires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shallipa� h�e.premiums req ruru orrr�"aintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage instfrO ,dnds in accordance with`apyirntten agreement between Borrower and Lender or applicable law. / / 9. Inspection. Lender or its agent may tfma-ce-faaspnable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to aniinspfctionasoectikeing`asonatlletcause for``the inspection. 10. Condemnation. The pro,�eed o awercL-4 gr(latnag yiirec or consequential, in connection with any condemnation or other taking of any part cif the p f rivey�n in°L'au otsc xd4mnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of tha ProtjertVthe ro shall ': eli to,the sums Secured by this Security Instrument,whether or not then due,with any excess paid toB0rrt wen( In Ili ark ol+q partial taking¢f thbremperty,in which the fair market value of the Property immediately before the taking is equaal,tg-orx,reater4 ieamtlont of ttipsems 'eciured by this Security Instrument immediately before the taking,unless Borrower and Len otherwise agree in writing,the sums'secure by this Security Instrument shall be reduced by the amount of the proceeds multiplied by thatoliowing fraction:(a)the totat'hmot>4tt gf sums secured immediately before the taking, divided by(b)the fair market value of the Pro�{rtmediately before the t Tnig.(Any tiala�tce shall be paid to Borrower. In the event of a partial taking of the Property in which the fair value of the Property immediatelytiefpre the taking is less than the amount of the sums secured immediately for the taking,unless Bormwer'a Lender otherwise agje`r�n ling or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured ti 'SeCnrityJnsttument.whether'or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application f..pio4iitls fir**Sal sal not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amo`uitt-of.srili. aymet6. 11. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or 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.Borrowers covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note;(a) is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the Property is located shall govern this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument.However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Packet Page -1576- __.,,.ed.wp *** 4/28/201516.D.8. FORM 0 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer.The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20, "Environmental Lawn'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 cu d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured - ment,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower,*tire; ' @., et-acceleration and the right to assert in the foreclosure preceding the non-existence of a default or any se of Borrower? ' lion and foreclosure. If the default is not cured on or before the date specified in the notice,Lend $"t r option,may require imm ayment in full of all sums secured by this Security Instrument without further demand and may fored- a this Security Instrument by ju2fidal proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedieJ5 prov ed in this paregraph2l,Lfnciuding,but notlimited to,reasonable attorneys fees and costs of the title evidence. / f 22.Release.Upon payment dial'su''ms-s,Ocured-b this !-�,{;ender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay/any reLrorrd`atioq'c tits\ \ I`\ t 23.Attorneys'Fees.As used;in this Securityinsttu�en and ot�om ys'fees"shall include any attorneys'fees awarded by an appellate court. r^,; A,��q J l J, 24.Riders to this Security In$ n one Or 8r ere"riders°re executed by Qorrower and recorded together with this Security Instrument,the covenants and agreementsch such rider shall be into raleo into and,shall amend and supplement the covenants and agreements of this Security Instrument as`if,th'e�ider(s)were a part of thisscuri(y Intt ont. (Check Applicable Box) V !`'..''r r, u Adjustable Rate Rider \ j s' Rate Improvement Ruler U Condominium Rider n \�f�� /. 1-1 Graduated Payment Rider � f x_Rate Riflery Second Home Rider u weer` me Planned Unit Development Balloon Rider -�iweekiy'Payment Rider pment Rider • Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contain in this Security Instrument d in any riders) executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: Witness Signature: Wi, , ►,_L Signature: �t ��( , Borrower NAIN�G�L Witness Print Name: V\' U.. Signature: Borrower Witness Signature: Witness Print Name: —2-.0(A,)ko �, lo;re-S Address: 9821 Molokai Dr. Naples, Florida 34112 STATE OFFlorida_ COUNTY OF_ Collier I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared WAYNE PINGEL 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 State aforesaid this May 2,2007. My Commission Expires: 0- •. • Notary Public's i ure` We('CL& 1'N. ebb Notary's Printed Name J (SEAL) WE "-'1 �n `t DY A!GAFF ;, k{v rr)MMISSM 430 SPIRES:April 12,2e !( i .,,lw,I yrwkuna Packet Page-1577- «,ed.wp 4/28/2015 16.D.8. Prepared by:Mandy Moody 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 Wayne PinLiel to COLLIER COUNTY, recorded on 05/08/2007 in Official Records Book 4226, Page 0961, of the Public Records of Collier County, Florida, securing a principal sum of 515.000 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 - , 2015. Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: Jennifer A.Belpedio Cr' Assistant County Attorney Packet Pare-1578- 4/28/2015 16.D.8. ▪ O O O N N �- m Y N O � O N O m •u O m U p N ui CO' 4 O U ni M d- m N • M O °• O m O o _ N 1fl UJ M M f-I si N O 0 0 • O m a Z O �`. 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