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Agenda 04/28/2015 Item #16D 9 4/28/2015 16.D.9. FXECIJTIVESUMMARY Recommendation to approve and authorize the Chairman to sign eight satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. OBJECTIVE: To support the affordability of housing in Collier County through down payment and emergency repair and/or rehabilitation assistance programs. CONSIDERATIONS: Collier County offers assistance to individuals to make repairs to owner- occupied housing units through state and federal grants, such as the federal HOME Investment Partnership Program (HOME) and American Dream Down Payment Assistance Program (ADDI). In conformance with the requirements of HOME, contained in 24 CFR 92.254, homeowners receiving grant funds not exceeding$15,000 must meet affordability requirements for five years. In conformance with the requirements of ADDI Program, contained in 24 CFR 92.612c and 92.254(a)(4), homeowners receiving grant funds must meet affordability requirements for five years. If the property is occupied as the principle residence during the initial five year period,the assistance provided is forgiven. As a result of a recent comprehensive monitoring, staff identified eight homeowners whose liens require release. All homeowners were found to be in compliance with the original grant affordability requirements. Staff has established an ongoing annual monitoring to ensure timely release of liens. The following table details eight clients who have fulfilled the obligations of the HOME and ADDI assistance provided and are entitled to a satisfaction of mortgage. Date Date Name(s) Grant Address Assistance OR Book Assistance Loan Amount Provided &PG being Satisfied fied Cecilia 1820 Leed Ave OR 3807 Gutierrez HOME Immokalee, FL 04/07/2005 PG 2341 04/07/2015 $15,000.00 34142 Vanessa A. 707 Palm Ridge OR 4339 Howard HOME Immokalee, FL 03/14/2008 PG 0117 03/14/2013 $12,605.50 34142 Evens & 4451 23`d Place SW OR 4521 Wilianie D. HOME Naples,FL 34116 12/13/2009 PG 2453 12/13/2014 $14,722.00 Saint Louis Hector Flores Jr. & 4085 24th Ave NE OR 4470 Maria J. HOME Naples,FL 34120 06/30/2009 PG 1407 06/30/2014 $14,640.50 Flores Octaviano 308 E Delaware Ave OR 4477 &Mary HOME Immokalee, FL 07/20/2009 PG 401 07/20/2014 $14,990.00 Castro 34142 Anissa ADDI 2740 14th Ave Se 08/06/2009 OR 4482 08/06/2014 $6,000.00 Santiago Naples,FL 34117 PG 755 Felipe J. & 3751 Justice Circle OR 4552 Blanca L. ADDI Immokalee, FL 03/22/2010 PG 425 03/22/2015 $5,000.00 Packet Page -1581- 4/28/2015 16.D.9. Ruvalcaba 34142 Evelyne 3776 Justice Circle OR 4552 Bellevue ADDI Immokalee, FL 03/26/2010 PG 545 03/26/2015 $5,000.00 34142 TOTAL $87,958.00 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. FISCALTMPACT: There is no fiscal impact is associated with this action. GROWTHMANAGEMENTIMPACT: There is no growth management impact associated with this Executive Summary. j,EGALCONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.—JAB ,STAFFRECOMMENDATION: That Board of County Commissioners approves and authorizes the Chairman to attachments below for owner-occupied affordable housing units that have satisfied the terms of assistance. PREPARED BY: Mandy Moody, Grant Support Specialist, Community&Human Services Division Attachments: Eight Satisfactions of Mortgage and Eight Second Mortgages Packet Page-1582- 4/28/2015 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.0.16.0.9. Item Summary: Recommendation to approve and authorize the Chairman to sign eight satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. Meeting Date: 4/28/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community&Human Services 4/2/2015 1:44:00 PM Submitted by Title: Grants Support Specialist, Community &Human Services Name: MoodyMandy 4/2/2015 1:44:01 PM Approved By Name: KushiEdmond Title: Accountant, Community &Human Services Date: 4/6/2015 1:14:35 PM Name: DoriaPriscilla Title: Grants Coordinator, Community&Human Services Date: 4/7/2015 11:28:20 AM Name: GrantKimberley Title: Division Director-Cmnty&Human Svc, Community&Human Services Date: 4/8/2015 9:33:00 AM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date:4/8/2015 11:18:35 AM Packet Page-1583- 4/28/2015 16.D.9. Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 4/9/2015 11:30:19 AM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 4/9/2015 3:43:38 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/10/2015 9:42:27 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 4/14/2015 8:31:10 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/14/2015 2:23:02 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2015 2:59:30 PM Name: StanleyTherese Title:Manager-Grants Compliance, Grants Management Office Date: 4/15/2015 2:29:57 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 4/16/2015 3:07:52 PM Packet Page -1584- INSTR 4325073 OR 4477 PG 401 RECORDED 7/29/2009 3:04 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 4/28/2015 16.D.9. DOC @.35 $52.50 REC $35.50 OBLD $14,990.00 OBLI $0.00 Project Number HM 08.09013 MORTGAGE THIS MORTGAGE("Security Instrument")is given on July 20,2009. The Mortgagor is: Octaviano Castro 8 Mary Castro,a married couple ("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 Fourteen Thousand Nine Hundred Ninety Dollars and 001100(S14,990.001 This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the five(5th)year anniversary date of mortgage.This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements • under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: Mainline Subdivisoa, W 35FT of E 530FT of S 94.58FT of Tract "A", recorded in OR 1188, PG 1887, of the Public Records of Collier County, Florida Folio# 56401800002 Address: 308 E.Delaware Ave,Immokalee,FL 34142 Folio#00767280008 - I CQ\� TOGETHER WITH all the impr /!:.:8,...,\ is oww or herea er.ere .pn the property,and all easements, rights, appurtenances,rents,royalties,mineral,oil abyss rights and profits,waterrigtiaand stock and all fixtures now or hereafter a part of the property.The Security Instrument,sha)t�Iso cover all replacements and'additions.All of the foregoing is referred to in this Security Instrument as the'Propertyr / 5 1 —,(-z \ \ BORROWER COVENANT tha4!!llBorrOledr s lawfyl) seized 1pf the property,described above,and has the right to mortgage,the Property and that the PFoperfy}s.unencum essd,@xca o(,secord._8.orrowerwarrants and will defend generally the title to the Property against all claims'and idemandi rsulple't t`oi ahynehcumbrauc cif record. THIS SECURITY INSTRU(i4ENTIcorpbinq urliforin cpier(Writsifokriailiinal arse and non-uniform covenants with limited variation by jurisdiction to constituteir,lunifo rntteconty mstiumer)t cpveringVealLprop9dy.I UNIFORM COVENANTS.poar gwer-ent6Lehderc venarf(,and agreeas foliowb: 1. TERMS: The Borrower)of thortgage have been grantaa"Deferred'Re"payment Loan,'the terms of which are intended ta.epCure that any Home Investpt Pdrtneist)lpAct(HOME)funds utilized to facilitate the rehabilitation of this Property are recaptured')nd utilized to assist anotherlower-inci'xne home owner with rehabilitation unless the affordability requirements are met +r \ The terms of this Mortgage dt n t,(nire-tt --ti ayments be made as long as the makers comply with the following conditions ands-p83isibns:fi'' Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year . occupancy and annually until the end of the Five-year amortization period. Such proof shall include:proof of homestead exemption,copies of paid receipts for taxes and insurance,and copies of insurance certificates for owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)priori()expiration of the,affordability period has been attained,all of the debt wilt be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at anytime be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed forthe operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall Packet Page -1585- OR 4477 PG 402 4/28/2015 16.D.9. • 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 hen in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(e)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(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 penedrrill begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any applicetio otto9eeils,tojafirtr4ratahall not extend or postpone the due date of the monthly payments referred to in paragraph J orfaari Hf2 27i5ount�t errs. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any4 r p policies and proceecLireOlting from damage to the Property prior to the • acquisition shall pass to Lender to the extentofihe sums secured by this Seoul*InstTment immediately prior to the acquisition. 6.Occupancy,Preservation,Maintenance-and Protection of the Property; Borrower's Loan Application, Leaseholds.Borrower shall occupy,establjah,agd.use the rop `Borrower's princtipal residence within sixty days after the execution of this Security Instrument and shall continuetopecugy the Property as borrowers principal residence for at least the affordability period r after the date/of oc ttl% }r6 `Lernder tter visl gees irti writing,which consent shall not be unreasonably withheld,or unless extenuatrigclircurltstapc,esisswtjithhara,beyptrldBorrowerscontrol.Borrower shall not destroy damage or impair the Property,allows the ropertytod eriirate o mmit'as)eor{theProperty.Borrower shall be in default if any forfeiture action or proceeding,whether ytl oYCnrtttnal;is'b�at in Lfepders;grood faith judgment could result in forfeiture of the Property or otherwise materialliy jmpiair the lien created by this'5ecurity Instrurrtent br Lender's security interest Borrower may cure such a default and reinstate;laa^povided in paragraph 18,b`y..yausirig the action or proceeding to be dismissed with a ruling that,in Lender's good faith dete tran,precludes forfeiture ffittia BArro(ir srfnterest in the Property or other material impairment of the lien created by this Sepgrify,Instrument or Lender's secerity(interest. Borrower shall also be in default if Borrower,during the loan application process,gaVematerially false or inaccurate inf6rmation or statements to Lender(or failed to provide Lender with any material information)4r.e.meet n with theiga ideecerj by the Mortgage,including,but not limited to, representations concerning Borrower's occupancy ofitttpfro sti3pal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the provisiarrotthetreace.ilfttorrewer 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. 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 . 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 taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall Packet Page -1586- OR 4477 PG 403 4/28/2015 16.D.9. 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 Borrowers successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that 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 Borrowers consent. 13.Loan Charges.If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. 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 underthe 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 Beneficialintere s p porro.wer.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest ip-Berb sblditr'ap;'fenced and Borrower is not a natural person)without Lender's prior written consent,Lender may,at`}ttopjipnr require im`freTyit®ijisyment in full of all sums secured by this Security Instrument. However,Lender shall not exercise,th s option if federal jav s,¢f the date of this Security Instrument prohibits exercise. If Lender exercised this option/.ehder shall give Borrower notice of acceleation.The notice shall provide a period of not less than 30 days from the date the notice irz-detivered or mailed within whib(t Borrower must pay all sums secured by this Security Instrument If Borrower fails)b pay/these-wigs prior t theo expt`ration oflhis period,Lender may invoke any remedies • permitted by this Security Instrument Without further no> dd ro� t 18. Borrower's Right to IReins,, tt . fl Borcowe7Yne a>nn oor f Irons,Borrower shall have the right to have enforcement of this Security Instru ent discontinued at arty tire tdVkrthe"earlier of (a)5 days(or such other period as applicable law may specify for reinst�temeAt)beforelsala of.}thy'Progerty puts}uaflt to egYAower of sale contained in this Security Instrument;or(b)entry of a judgmentenfor 7ng}llfs'S`ewilityhrishLment TholaeOnditipn$are that Borrower.(a)pays Lender all sums which then would be due undet this Security Instrument and t Note Ts if yio`.at}}}�eleration had occurred;(b)cures and default of any other covenants or agree rrferitsz;(c)pays all expenses<[k I r >) incurred in enforcing this Security Instrurnept,including,but not limited I reasortabte a omey's fees;and(d)takes such action as Lender may reasonably require to assurethdt-the lien of this Security Instnmieht t,enders rights in the Property and Borrower's obligation to pay the sums secured by this Secynit'1ostrument shall continue'.fr hanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured fte b�shat re ult eff ctivd as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of-a,,_ tdr�dtign under .eregraph 17. 19. Sale of Note;Change of Loan Servicbr. p kfot ors 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 Properly. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities 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 process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court 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. Packet Page -1587- *** OR 4477 PG 404 *** 4/28/2015 16.D.9. • (Check Applicable Box) u Adjustable Rate Rider E Rate Improvement Rider E Condominium Rider rm U Graduated Payment Rider U 1-4 Family Rider IJ Second Home Rider U Balloon Rider tJ Biweekly Payment Rider U Planned Unit Development Rider U Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borr rand recorded wit iL Signed,sealed and delive in the presen of: /J������ Witness Signature: Borr 7 Signature: &2cjLt/Gtr ("G--/... Borrower. Octaviano Castro Witness Print Name: `Pri Lf ii ll rje Signature: 714 �'?! "—'"" / _.. Co-Borrower. Castro Witness Signature: ^� Witness Print Name: fro(A■.■ol. E.j or•KS Address: 308 E. Delaware Ave —{:y Inrsokalee, FL 34142 STATE OF FLORIDA s, -t1I-,T- Cc � COUNTY OF COLLIER /��� ^��\i,t d iy,� \\ \\ I hereby certify that on this[s0 idayof•�r'w� : 1 , (y,201109 lyefore me,an officer duly authorized in the I. I t �i ‘ i ) 1 if, v ( !:__,_i t 1" C state aforesaid and in the county aforesaid ta•taltA'ac(tnowledgematits,personalty appeared 1 1-tAUtcr/YO t t rM To me known to be the person(s)describeen.,and who executed the foreloing irstnnent;and acknowledged before me that HE/ P;i -,.i (/..,.b....1 . SHE/ EY xecuted the same for the po�pose'therein expressed. " ; s / ,,,I-_. — WITNESS my hand and official seal in th County-end St to afp 0t7f this i (i c"C)ig 00 4 . My Commission Expires: No-. Public's Signature C.f I la � I:1 S I IC- Notary's Printed Name (SEAL) PRISCILLA DORIA r"'i; Comm#D00891636 '�KF Expires 5!2012013 Return to: Collier County Housing&Human Services 3301 E.Tamiami Trail,Bldg H#211 Naples,FL 34112 Phone: (239)252-4663 Project It HM 08.09-013 Packet Page -1588- 4/28/2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 and holder of a certain Mortgage executed by Octaviano & Mary Castro. to COLLIER COUNTY, recorded on 07/29/2009 in Official Records Book 4477, Page 0401, of the Public Records of Collier County, Florida, securing a principal sum of $14,990.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage hereby acknowledges satisfaction of said Mortgage, surrenders the same as cancelled, and 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 ? Assistant County Attorney ix Packet Pa:e -1589- INSTR 4317293 OR 4470 PG 1407 RECORDED 7/9/2009 10:58 AM PAGES 7 DWIGHT5K. BROCK,RCOLLIER000UNTY CLERK OF THE CIRCUIT COURT 4/28/2015 16.D.9. OBLD $14,640.50 OBLI $0.00 Project Number HM 08-09-014 MORTGAGE THIS MORTGAGE("Security Instrument")is given on June 30,2009. The Mortgagor is: Hector Flores Jr.and Maria J.Flores,a married couple ("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 Fourteen Thousand Six Hundred Forty Dollars and 50/100($14,640.50).This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier, due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the five(5th)year anniversary date of mortgage. This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as; Golden Gate Est, Unit 72 E 180FT OF TR 24, OR 2028, PG 1961. As Recorded in PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Folio# 40412040003 Address: 4085 20 Ave NE,Naples,FL 34120 TOGETHER WITH all the improvenlen/ts„1+ t re3Qdr don the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil acid s' is and profits,wa`tertri 1ity and stock and all fixtures now or hereafter a part of the property.The Security Instrument sttali_also cover all replacements andp9"ditibns.All of the foregoing is referred to in this Security Instrument as the"Property'. / BORROWER COVENANTS that,Borrow y, is lawfully-seizel-of the prgpe described above,and has the right to mortgage,the Property and that the Propert)(is unencu ibe drexcept f of record.dorrovaerwarrants and will defend generally the title to the Property against all claims/and demands;subtecf f record. THIS SECURITY INSTRUMEN116OrrfbinE`s'unffoiln Cmipne ts foiratioffial'pse and non-uniform covenants with limited variation by jurisdiction to constitute$unifOrmisecurity ihstrumen4 coverngyea'propeyr UNIFORM COVENANTS rrawer`eld;1 decoyenatand agree Bs fdl(owi : 1. TERMS: The Borrower)of tftis=Mortgige have-been gill-lit!a eferred,Ai7ayment Loan,'the terms of which are intendecito,ensure that any Home Investment Pattneys'ifp Act(HOME)funds utilized to facilitate the rehabilitation of this Property are recap(tirarland utilized to assist anothi; wer-incomehome owner with rehabilitation unless the affordability requirements are met. 'fir \� The terms of this Mortgage,do/not.tequire that-pay1rttents be made as long as the makers comply with the following conditionssancliPtovisTpf s- d" Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the Five-year amortization period. Such proof shall include:proof of homestead exemption,copies of paid receipts for taxes and insurance,and copies of insurance certificates for owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall Packet Page-1590- OR 4470 PG 1408 4/28/2015 16.D.9. 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 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 issuance 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 tens"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 Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(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.Thhdayperiod will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any applicati9 o ed)p rii pipal shall not extend or postpone the due date of the monthly payments referred to in paragraph f.h -em`e bf' o-yayments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any in u policies and pro s4resul(ing from damage to the Property prior to the acquisition shall pass to Lender to the exteritOof sums secured by this Secbnt'Ths'trument immediately prior to the acquisition. 6.Occupancy, Preservatio)t Ma' tenance_and Protection of th(e P4gperty; Borrower's Loan Application, Leaseholds.Borrower shall occupy,establih,musethe-PropeeyarBorrower�princtipal residence within sixty days after the execution of this Security Instrument find shall contino occupy the Property as Borrowers principal residence for at least the affordability period r after the date/of ogcyppcy) unl s'4.er ler-otherwise agrees i?1 writing,which consent shall not be unreasonably withheld,or unless extAnuatkr(gcirciiur ttaSce'te is WF.char be d orrowerscontrol.Borrower shall not destroy damage or impair the Property,alloy/0 the Property to de�teri rate,iopeeniml waste or the Property.Borrower shall be in default if any forfeiture action or proceeding,whett(4civil r r�a isbegur thatin n rsgoedfaithjudgmentcouldresultinforfeiture of the Property or otherwise materially�pir"the1ien treat ed by-this'' ecuri�1it8frurnzltpor Lender's security interest. Borrower may cure such a default and reinstate\as,provided in paragraph 18,tipausirig the action or proceeding to be dismissed with a ruling that,in Lender's good faith detertnr�r ation,precludes forfeitures Bprroweipterest in the Property or other material impairment of the lien created by this Se''urityInstrument or Lenders secUrlt� rest. Borrower shall also be in default if Borrower,during the loan application proces8, avematerially false or inaccurg'te information or statements to Lender(or failed to provide Lender with any material information),iriLro Rion with the loamderibpd by the Mortgage,including,but not limited to, representations concerning Borrower's occupao0 ofrthe Pro pertp"asta`prin.oipal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the proviriin&oftl eiease,tlt$o``yrea%er acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the—rnerger--fireiting. 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. . 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 secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall Packet Page -1591- OR 4470 PG 1409 4/28/2015 16.D.9. • not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument and(c)agrees that Lender and any other Borrowermay agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent 13.Loan Charges.If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. 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 underthe 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 Beneficfallntgr'� r mower.If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest inrrow��yi3` sof , rtsfef�'tned and Borrower is not a natural person)without Lenders prior written consent,Lender may,at.res.Ogti retjurre imt edr ta'p nt in full of all sums secured by this Security Instrument However,Lender shall not exereite.tpis option if federal law ojjtbe‘date of this Security Instrument prohibits exercise. If Lender exercised this option,Lenber4'hail give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the Jiotice4'sfiveredor mailed thin whit Borrower must pay all sums secured by this Security Instrument If Borrower fails t44'pay thes mg,prior to tFte e7tp ration of period,Lender may invoke any remedies permitted by this Security Instrument v(fthou4'further notickor'ffitmand on Borrower. 18. Borrower's Right to Reins terBofFoV7g xre ts,,joerTai —n�t s,Borrower shall have the right to have enforcement of this Security Instrument drscor tinue(i ac any ti prior io ttt e'earlier of: a)5 days(or such other period as applicable law may specify for reinstatemert)before letaf the 7r p' y pursuanf to alnrpower of sale contained in this Security Instrument;orb entry ofa judgment erifordingtbi�S ecu d JoStr .Thosg.ccrtditiQns lare that Borrower.(a)pays Lender all sums which then would be due undertthts Security Instrument and tha Note as if no,acceleration had occurred;(b)cures and default of any other covenants or agree (rtst(c)pays all expenses ) incurred in enforcing this Security Instrumerffaincluding,but not limited f ti asenabl' ttorney's fees;and(d)takes such action as Lender may reasonably require to assure Ilia)`t h.lien of this Security Instrument; nder's rights in the Property and Borrowers obligation to pay the sums secured by this Securit'1rnstrument shall continueirtchapged. Upon reinstatement by Borrower,this Security Instrument and the obligations securertttgietiy shall remain fullreffec'tiveas if no acceleration had occurred. However, this right to reinstate shall not apply in the case of cdlefation ijndgQr katagtaph 17. 19. Sale of Note;Change of Loan Servicers- h Note` artiai 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 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 breath of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attomeys'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 Packet Page -1592- OR 4470 PG 1410 4/28/2015 16.D.9. (Check Applicable Box) O Adjustable Rate Rider 0 Rate Improvement Rider 0 Condominium Rider • Graduated Payment Rider 0 1-4 Family Rider U Second Home Rider 0 Balloon Rider ❑ Biweekly Payment Rider 0 Planned Unit Development Rider • Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borr r and recorded with.. Signed,sealed and deli a in the pres nce of Witness Signature: M[ Signature: 'X017t1�—Z (� �eQ or r s r Witness Print Name:PriAriJ}l1. D(lria Signature: �xliL.t� 6./to. Borrower Maria J. ores Witness Signature: Witness Print Name: Address: 4085 24°h Ave Naples, Fl 34 12 0 STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this 30 day of Z. if c — ,2009 before me,an officer duly authorized in the r/' 1✓ ° ad ) state aforesaid and in the county aforesaid to'WkfAao ledgemen , rteo)ia appeared to me known to be the person(s)described n and'who executed the foregoing instrument and acknowledged before me that HE! f J C \ SHE ISO-xecuted the same for the purpose tKetetrL,expressed:J ( WITNESS my hand and official sealnn thCo my and Sta afore d thi. /, }3 -0900C) f. My Commission Expires: ,�.c`�D •�:� " Notary PuSicc',Signatu! Notary's PridtedpNaine (SEAL) ANA I.DIAZ M'�lyy _ r- Comm#OD0690854 . Expires 7/12011 ' mmAd- Florida Notary Assn.,Inc Return to: Collier County Housing&Human Services 3301 E.Tamiami Trail,Bldg H#211 Naples,FL 34112 Phone: (239)252-4663 Project# NM 08-09-014 Packet Page-1593- OR 4470 PG 1411 4/28/2015 16.D.9. Project# HM 08-09-014 PROMISSORY NOTE HOME INVESTMENT PARTNERSHIPS ACT (HOME) SINGLE FAMILY REHABILITATION PROGRAM Date: June 30, 2009 Borrower: Hector Flores Jr. and Maria J. Flores 4085 24`° Ave NE Naples FL 34120 (Property Address) (City) (State) (Zip) 1. BORROWER (S) PROMISE TO PAY: I/We promise to pay Fourteen Thousand Six Hundred Forty Dollars and 50/100 ($14,640.50) (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 3301 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. TERMS: The maker(s) of this Promissory Note have been granted a "Deferred Repayment Loan," the terms of which are intended to ensure that any Home Investment Partnership Act (HOME) funds utilized to facilitate the rehabilitation of this Property are recaptured and utilized to assist another lower-income home owner unless the 5-year affordability requirements are met. The terms of this Note do not require that payments be made as long as the makers comply with the following conditions and provisions: Maker(s) shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Maker(s) shall be required to submit proof of principal occupancy to�.Cd .if-eer .-pper4 ty on an annual basis beginning on the anniversary of the first-year cdd3nq °AnbAa 'y until the end of the amortization period. Such proof shall inc3ud/ roof of hoidest a exemption, copies of paid receipts for taxes and insurance, and'Cotaes of insurance £tcates for owner-occupied Property listing Collier County as/Mortgage Holder. If the fail to provide sufficient proof of occupancy in a timer manner,`the-Go y ma} codt.ract with an independent title company to perform the necessary titTh rre-certification) th2 cost of which will be added to the principal amount of t+Chie)i PITH isod N``la '( In the event the Maker(S) ea�ge rhnc pil,�' cupanc'.l transfer, sell or in any manner dispose of all or a portion b f,btid �ro`�erL�g•w"'ch is Syb�eZ' to the Mortgage securing this Note prior to fulfilling the\agreement and the.send df the amortization, then the principal amount of this Note shall me immediately drop an'd playable. The Maker(s) shall not refinance the indebtedness,I;Gec red by this Promissory Note. The County prior to granting apprdvpf'shall review the4lsppo'sed refinancing in order to ensure that there will be sufficient'e*ity-'after_the-15rapg ed refinancing to recapture the HOME monies. '',..,,,I.1.T ("X1;2,L.. The Note Holder consents to any agremenr dr arr"angement in which the First Lender waives, postpones, extends, reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money. The Maker(s) shall immediately contact the County to obtain approval should they desire to transfer, assign, sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this note prior to fulfilling this agreement and the end of the amortization period. The County shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. In the event of a sale, the proceeds of such shall be applied as follows: a. If the sales price is sufficient, the proceeds will be applied as follows: 1) first to pay off the balance of the First Mortgage, any closing costs, and advances by the Mortgagee; and 2) the balance of the Mortgage representing the full subsidy as referenced by this Note. If there are no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied. b. If the Maker(s) comply with the principal occupancy requirements and do not transfer, assign, refinance, sell, or in any manner dispose of all or a portion of the Property which is subject to the Mortgage securing this Note, then the entire sum due and payable according to the terms of the Note will be considered paid in full at the end of the amortization period which is five (5) years. 3. PAYMENTS: Principal payments shall be deferred on the first loan or until transfer of title, sale of property, refinance, or loss of homestead exemption, or until Ten years from the original mortgage date, whichever happens first. The recapture clause is as follows: 20% a year is forgiven from the date of the mortgage through the end of the fifth year. These amounts will not be pro-rated on a per diem basis. I/We agree to immediately pay the entire sum due under this Note. My/Our total payment shall be U.S. $ 14,640.50. 1 Packet Page -1594- OR 4470 PG 1412 4/28/2015 16.D.9. 4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The 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 CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then (i) any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed Of Trust, curing defaults by the Borrower under the First Deed of Trust or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosDre ar deed in lieu of foreclosure of the First Deed of Trust, any provisions herein.or S�.vlisaions in any other collateral agreement restricting the use of the Properc, ,y = ../ crate income households or otherwise L restricting the Borrower's ab , 4 o sell the gb)y shall have no further force or effect on subsequent owners/gp purchasers of the f'operty. Any person, including his successors or assigns (other Borrower or a related entity of the Borrower), receiving title to the Property tough sure ac deed in lieu of foreclosure of the First Deed of Trust shall receive v; .rre to the Proper.ty free and clear from such restrictions. / l (70 ti 57 t Further, if the Senior L�ien�(Ho0.der``abquires' ( itle',\yf�o1r� the Property pursuant to a deed in lieu of foreclosure, the`iriOn..o hi. Sec>h-�ry Instrume4t/shall automatically terminate upon the Senior Lien Hold r^ acquisition of hiitle,);prgi?ded that (i) the Lender has been given written notice of a\dault under the Fiit DEecYm€)/rrust and (ii) the Lender shall not have cured the default\in deq the First Deed? f Tres Adthin the 30-day period provided in such notice sent to the Lender. / 7. BORROWER(S) FAILURE TO PAY AS `'t�} — ��/ ,RE@�1E�D, - � / (A) Default v� If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. 8. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it 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. 2 Packet Page-1595- *** OR 4470 PG 1413 *** 4/28/2015 16.D.9. 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 make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all sums secured by this Security Instrument. If Borrower(s) fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. te -- (Seal) Borrower AAArrrro111r ectof Frog yp�,ut. e ! � GU tai► 4 ) \\ , (Seal) Borrowe 'iris.1,7. P1orats ,, "' RETURN TO: Collier County Housing & Humans ServireAs , j i j 3301 E. Tamiami Trai.1;Bldg hi\#211 r' dc !t, G 'I Naples, FL 3411P'- !, Attn: Priscilla Doria,, Phone: (239) 252-5312\. Fax: (239)245j8L�—}"f (-) 3 Packet Page-1596- 4/28/2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 and holder of a certain Mortgage executed by Hector Flores Jr. & Maria J. Flores. to COLLIER COUNTY, recorded on 07/09/2009 in Official Records Book 4470, Page 1407, of the Public Records of Collier County, Florida, securing a principal sum of S14,640.50 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage acknowledges satisfaction of said Mortgage, surrenders the same as cancelled, and 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 �Ga Assistant County Attorney Packet Pa:e-1597- Meta: 3626405 OR: 3807 PG: 2341 FINANCIAL ADMIX & HOUSING RECORDED in the OFFICIAL RECORDS of COLLIER ( 4/28/2015 16.D.9. INTEROFFICE 05/25/2005 at 03:13PM DWIGHT E. BROCE, CLERK RIC FEE 35,50 ATTN: WEND! KLOPF 659 5701 DOC-.35 52.50 Project Number HM-03-04-0038 MORTGAGE THIS MORTGAGE("Security Instrument")is given on.April 7,2005. The Mortgagor is: Cecilia Gutierrez,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 2800 North Horseshoe Drive.Suite 400.Naples,Florida 34104 Borrower owes Lender the sum of Fifteen Thousand dollars and no/100(15.000.00).This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale.of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the ten(10) veer anniversary date of mortgage.This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as:Lot 9,Trafford Pines estates,section 1 Block 3 Folio#T7161320005 and which has the address of ("Property Address') 1820 Leed Ave Jmmokalee.Fl 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereaftera part of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the"Property'. BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage, the Property and that the Property is unencumbered,except f of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument-covering real property. UNIFORM COVENANTS. Borrower and-LeActerygovan itegree as follows: 1. TERMS: The Borrower)of this Mortga�ga� el¢ 7ieen-gra a Terred Repayment Loan,'the terms of which are intended to ensure lhatany Home Investor ership Act(HOME)funds utilized to facilitate the rehabilitation of this Property are recapturedt�ndaftilized to assist another low iricame home owner with rehabilitation unless the affordability requirements are met. ,/ /, •�_ \ \t1 The terms of this Mortgalge do not require tit atlaymenits be made as'tong as the makers comply with the following conditions and provisio s: k7-7 Borrower shall occupy the Property as their nncrp I Fe ce.'\' ubletting of the Property is not allowed even on a temporary basis. Failure to abide tiy'theopnncipa(occupancyJte wrements can resfitt In foreclosure. The Borrower shall be required to submit proof of principal dcoupanc 1 Collier Zounty on ag.annua1 basis beginning on the anniversary of the first-year occupancy and annually until the endbf�theten-year amortization period.Sucb proof,l a(I include:proof of homestead exemption, copies of paid receipts for taxes and iespaance,and copies of insuran;( ceriificatea,fpr owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower'ails to provide sufficient proof of'ffc$upancy in a timely manner,the Lender may contract with an independent title companto,perfonn the necessary title r�erttfigation,the cost of which will be added to the principal amount of this Mortgage. O�tt � In the event the Borrower cease principal d upancy�A ron§fer selLo'r in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to f'AifipirtyAl'te,agreeni d the end of the amortization,then the principal amount of this Mortgage shall become immediately due and paya'll The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all ore portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there are no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AK1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Packet Page-1598- Oi 4/28/2015 16.D.9. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval,which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(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,tithe restoration or repair is economically feasible andlenders 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 the affordability period r after the data 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 deterior or commit waste on the Property.Borrower shall be in default if any forfeiture action or proceeding,whether civil or cri tialids.�r Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair tbe1e(r real a lestrument or Lender's security interest. Borrower may cure such a default and reinstate,as p.r vi 4ti-pgragraph 1$;bygads a action a action or proceeding to be dismissed with a ruling that,in Lender's good faith determiri d`rr preludes forfeiture of th ∎••`v'ems interest in the Property or other material impairment of the lien created by this,Se Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application pfocess gave KaTeriallyjalle orrinaccurati\inforiftation or statements to Lender(or failed to provide Lender with any material inforinatiofi)in e'(mffesfion with theToart eviden by the Mortgage,including,but not limited to, representations concerning Borrower's o cey of.i�.-._P ro s 1-pdUr ' \residence. If this Security Instrument is on leasehold,Borrower shall comply with all o ` elea e B 71p rtes title to the Property,the leasehold and I n t„l '" V the fee title shall not merge unless Lend agrees to the merge i g"� 7. Protection of Lende`e.Rlghts i re Prope 1 Borrov\ter ails,tg erform the covenants and agreements contained in this Security Instrumen1 of there-ts-a legal'roceedx that re niiicbn1ly affect Lender's rights in the Property (such as a proceeding in bankruptcy,ip obate,for condemnation or forfeiture or to elrfo`ft7e laws or regulations),then Lender may do and pay for whatever is necessary to pfdteot the value of the Propertyand Lehder' rigMts in the Property. Lender's actions may include paying any sums secured by a lie-,••(4 has priority over thistecurityfitsteiment,appearing in court,paying reasonable attorneys'fees and entering on the Proper"gto"make repairs. Although Lender Sae/take action under this paragraph 7,Lender does not have to do so. Any amounts disbu(sed‘by Lender under thisparagcaph 7 shall become additional debt of Borrower secured by this Security Instrument. . `�/'�"--__ ,-;�jr 8. Mortgage Insurance. If Lender regii reff iiii&tgeg'ii &aaoee as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to.inairftain 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 secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Packet Page-1599- OF 4/28/2015 16.D.9. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. tf the loan secured by this Security Instrument is subject to a lawwhich sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender 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. 18. Borrowers Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any fime rior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)befo ale,.• '1►QP�r ypursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing isV�a a Jns "�r+94�,,X conditions are that Borrower:(a)pays Lender all sums which then would be due under this Sec ri ment and L-Nbt no acceleration had occurred;(b)cures and default of any other covenants or agreern‘js )pays all expenses incurred in enforcing this Security lnstrurmten - euding,but not limited to,reas nableattomeys fees;and(d)takes such action as Lender may reasonably require to assure t t t e lien of this-Seairfl 4nstrumen Lender's rights in the Property and Borrower's obligation to pay the sums secured!),thispicufr fnshument.shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations s ecured bee�x�l r leeffecti . s if o acceleration had occurred. However, this right to reinstate shall not applyfin thp tale& a ti � r p ragrrapf 1 . 19. Sale of Note;Change of1(..oin Servicer.:The No a tat interest in the Note(together with this Security Instrument)may be sold one or more times wit tit prior otic�t Borrower. sale rmay,rsult in a change in the entity(known as the"Loan Servicer")that collects mcir yipaymehts doe�er rhea ote aridrthis Se ity Instrument.There also may be one or more changes of the Loan Servicer'Unrelated to a sale of the Note.if there lis a Oha9ge of the Loan Servicer,Borrower will be given written notice of the change in ai )r jttnce with paragraph 14 an pplicable'ta lr.:,The notice will state the narne and address n of the new Loan Servicer and the addres$�Vwhich payments should be rnale;n'lte.notice will also contain any other information required by applicable law. f /A- QV. 20.Hazardous Substances. Borrow rshall not cause or peumf)theiprkserx�,use,disposal,storage,or release of any Hazardous Substances on or in the PropertyNBoYdv a shall-not-do-norajlb`'anyone else to do,anything affecting the Property that is in violation of any Environmental Law.Theprr gtWfo sre 'I' hall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances fha a ly 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 leams,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 process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note."attorneys'fees"shall include any attorneys'fees awarded by an appellate court. Packet Page-1600- *** O. 4/28/2015 16.D.9. 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) u Adjustable Rate Rider u Rate Improvement Rider u Condominium Rider r r Graduated Payment Rider LJ 1-4 Family Rider u Second Home Rider u Balloon Rider u Biweekly Payment Rider u Planned Unit Development Rider u Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: Witness Si nature: �' 1 9 _. . ��<<• Signature: L.� \.` Bo ..,! _ _ Witness Print Name: 'V...■■ •f Signature: Borrower Witness Signature: # L/,0• # Witness Print Name: NA,)iy MESA STATE OF Florida COUNTY OF Collier I hereby certify that on this day,before art fi�c.di�y�iJt�ori rinntthe state aforesaid and in the county aforesaid to take acknowledgements,personally appeair itt ? G Lys tt rYC>' toj¢;\: known to be the person(s)described in and who executed the foregoing instrume�Yand acicrrew1edged before that HE/ H THEY executed the same for the purpose therein expressed. I ir WITNESS my hand and official seal:in the;County rd his k 1 L1 1 aC�ZS My Commission Expires: W`KO' Notary P' `Signatu ` Notary's Printed Nampa ��`— —< '\,/! (SEAL) \ WENDYA.IU.OPF • viv COMMISSION#DD 30970 u a; EXPIRES:Aptl 12,2008 • ;:,hd;d ''+bed Thu Nobly Pit*Undrtnien Return to:Collier County FAH Single Family Rehabilitation Loan Program 2800 N.Horseshoe Drive,Suite 400 Naples,FL 34104 Project#HM 03-04-0038 Packet Page -1601- 4/28/2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 TRA.I.L, NAPLES, FLORIDA 34112, the owner and holder of a certain Mortgage executed by Cecilia Gutierrez to COLLIER COUNTY, recorded on 05/25/2005 in Official Records Book 3807, Page 2341, of the Public Records of Collier County, Florida, securing a principal sum of $15,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage hereby acknowledges satisfaction of said Mortgage, surrenders the same as cancelled, and 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 tx Packet Pa:e -1602 Retn: 4139785 OR 4339 PG: A4/28/2015 16.D.9. H00SING 6 HUNAN SVCS/HONE ERGS RECORDED in the OFFICIAL RECORDS of COLLIER OBLI 12605.50 INTEROFFICE 03/14/2008 at 02:18P81 [WIGHT E. BROCK, CLERK WINDT ELOPE 252 5701 ROC FEE 35.50 Project Number HM 04-05-0017 DOC-.35 44.45 MORTGAGE THIS MORTGAGE('Security Instrument")is given on . The Mortgagor is: Vanessa A Howard,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 3050 North Horseshoe Drive.Suite 110.Nades.Florida 34104. Borrower owes Lender the sum of: Twelve Thousand Slx Hundred Five Dollars 5011001$12.605.501,This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Mortgage'),which provides for the full debt,if not paid earlier,due and payable on transfer of title, sale of property, refinance,or loss of homestead exemption. This Mortgage will be forgiven at the five(5)year anniversary date of mortgage. This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the mortgage.and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Mortgage.For this purpose.Borrower does hereby convey to Lender the following described property located in Collier County,Florida. More particularly described as: Lot 30,Unit 1,Palm Ridge Subdivision,according to the Plat thereof recorded In Plat Book 9,Page 8,of the Public records of Collier County,Florida. FOLIO 0 65121200009 and which has the address of ('Property Address")- 707 Palm Ridge (Street) Immokalee FL 34142 (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 and all fixtures now or hereafter a part of the properly.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower 4Wdaikllfilr 'OfAe property described above,and has the right to mortgage,the Property and that the Property i;4r pniturh ed;ex tiif y4Pd Borrower warrants and will defend generally the title to the Property against all claims and r`1d5`xubject to any encumt�r8*lqee�s.of record. This SECURITY INSTRUMEN Yc.m 'ces uniform covenants for natYonal use and non-uniform covenants with limited variation by jurisdiction to constitute a unifomySecurity_instrument covering realsproperty. UNIFORM COVENANTS. Borrower atnd(.enderoovenant- nd agree as follows: 1. TERMS: The Borrower(s)of thiskiiortgage�ai ve, granted,a'Deferr'ed Repayment Loan,'the terms of which are intended to ensure that any Home Investmedtl'attriershl ust,( risp0l to facilitate the rehabilitation of this Property are recaptured and utilized to assist another low-int3om homepw' r M ?habili atjon unless the affordability requirements are met. I� - j 1 n /1� ! � f The terms of this Mortgage-de norrequire that payments be ade.as,;lbng as the makers comply with the following conditions and provisions:,..- Borrower shall occupy the Properly_as their principal resident e'._Subflet(ing of the Property is not allowed even on a temporary basis. Failure to abide by the\pdincitt occupancy requirements car`result in foreclosure. The Borrower shall be required to submit proof of principal occupancy td lien County cm an and l iasis beginning on the anniversary of the first-year occupancy and annually until the end of the five-year oor titfCiperip4.$uck'proof shall include:proof of homestead exemption, r-. — copies of paid receipts for taxes and insurance,ant}�r�bf 4nsrira -certificates for owner-occupied Property listing Collier County as Mortgage Holder. H the Borrower fails to provi8e scent proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower(s)cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies.The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends,reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced Incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. N there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the acaual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. Packet Page-1603- rage 1 or 4 OR 4/28/2015 16.D.9. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests In good faith the lien by,or defends against enforcement of the lien in,legal proceedings Which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the Issuance of notice. 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 carter 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 Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(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 polices 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.lithe restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.Theriod will begin when the notice is mailed.Unless Lender and Borrower otherwise agree in writing,any applicatioon�-.eo nnci al shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or�'cthan� _ -animas(f6f thehpayments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any jnsu Ce' cies ana Oroeeeftsssultirg from damage to the Property prior to the acquisition shall pass to Lender to the exte?�orth (Urns secured by this Si euriit.Jrtstrument immediately prior to the acquisition. 6.Occupancy, Preservation/Mtitntenance and Protection of'the Property; Borrower's Loan Application, Leaseholds.Borrower shall occupy,establiafi,tend use theErRRekas.Borowel',s principal residence within sixty days after the execution of this Security Instrument and shall cbrltifiue.to ocupy th&Property as`Bor wer's principal residence for at least the affordability period after the date of occup2♦re�w I s Soetfr otherwse awes iryun�d�iting,which consent shall not be unreasonably withheld,or unless extenuating circuensta }esixl whicfi3�r�e`be�orri B�riower's'cohtrol.\Borrower shall not destroy,damage or impair the Property,allows the Property d teriotate(orlco j rite tlhe Property. Borrower shall be in default if any forfeiture action or proceeding,whete.ci hi or,criminal,is begin)that in Le er'S g alth judgment could result in forfeiture of the Property or otherwise materially i airlttie4reri`creat this Securi I�teri nder's security interest.Borrower I�1' y�p ems' ty Wr-.' ty� may cure such a default and reinstate,as a f`iibed in paragraph 18,by casing the actidn rp`roceeding to be dismissed with a ruling that, in Lender's good faith deteminaluon;\precludes forfeiture of tl1 Borrbwerszinterest in the Property or other material impairment of the lien created by this\S'�y my Instrument or Lende 'gec ripy,inteyest. Borrower shall also be in default if Borrower,during the loan application pro oeJS gar false or inaccuraie+jpfpfmation or statements to Lender(orfailed to provide Lender with any material informati '` iff'go`nnection with the loan ilenced by the Mortgage,including,but not limited to, representations concerning Borrower's occu ney ri(. he-P a,atirn3ipal residence. If this Security Instrument is on leasehold,Borrower shall comply with all the pm sto,f ef-ifireaseilfOoncuerdr acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to fhefnelgecin writihg. 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 . 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 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 immediatelyforthe 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 waiting,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. Packet Page -1604- rcLy C U1 ' 01 4/28/2015 16.D.9. 11.Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or prelude the exercise of any right 1 or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)Is co-signing this Security Instrument only to mortgage,grant and convey that 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 dass mall unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. 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 cause 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 Properly 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 giv notice of acceleration.The notice shall provide a period of not less than 30 clays from the date the notice is deliver,#gr{{nn Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums r1�o th . thiis Period Lender may invoke any remedies permitted by this Security Instrument without further notice' on Borrower.\'� ,?^,F�t '� 18. Borrower's Right to Reia£tste./If Borrower meets certafh oilditions,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 reinstatemen4)'bdfgre sale dfdhe.Pro{Lefty pursuar'ttto any power of sale contained in this Security Instrument or(b)entry of a judgment;tinforpng ttil5gecshrity Instrument.\Those coliditiol s are that Borrower.(a)pays Lender all sums which then would be due under this'Seeprity Irst men acoeleralion had occurred;(b)cures and default of any other covenants or agleem is/(c)yi4ys all§xp3n e fp erif{1Oacing this Security Instrument,inducing,but not limited to reasonable attorneys lees;and(d)takes such adi n 444nceif rrri'iy reasonably require to assure that the lien of this Security Instrument,Lender's rights ib,theOniperlyzeid g n etis m bligatioi�to pay thL.etfms secured by this Security Instrument shall continue unchanged. Upon reiplslatem�nC6y Bo' ts-S`ecurity nstriimentend the obligations secured hereby shall remain fully effective as if no accelerabonn�m,ad occurred. However,this. ght to:reinstat sihall not apply in the case of acceleration under paragraph 17. v-:. ` g, ii / / 19. Sale of Note;Change of Chap Servicer. The Note ore-partial interest in the Note(together with this Security Instrument)may be sold one or more timeeieithbut prior notice to Borrower.A sale-rpay result in a change in the entity(know'as the"Loan Servicer)that collects monthly pay:lir:XI'due under the Notearidifils Security Instrument. There also may be one or more changes of the Loan Servicer unrelated told s :11/there} Ise'change of the Loan Servicer,Borrower will be given written notice of the change in accordance with. of aph i4 appf able law.The notice will state the name and address of the new Loan Servicer and the address to which paymentwshouldee 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 tal 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 shalt further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall indude any attorneys'fees awarded by an appellate court. Packet Page-1605- Page 3 of 4 *** OF 4/28/2015 16.D.9. 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) r—i Adjustable Rate Rider tJ Rate Improvement Rider u Condominium Rider n I—I r1 1-1 Graduated Payment Rider L-I 1-4 Family Rider LJ Second Home Rider L-I Balloon Rider LJ Biweekly Payment Rider L_I Planned Unit Development Rider r-i I_r Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: Witness Signature: U� C 'I�CWQ014 Signature: O V-0• v`- \� -� I 11 \\Vanessa A Howard Witness Print Name:Y 4 Signature: Borrower Witness Signature: Witness Print Name: Address: STATE OF Florida COUNTY OF Collier < - 7 I hereby that on this day,bef eA ereby certify y r�yfie;an officer duly`a\uthori� i -me state aforesaid and in the county aforesaid to take acknowledgements,personally appeared - .4,9c A\ me known to be the person(s)described in and who executed the foregoing instrument and ack ed:bef eor me that HE/SHE/THEY executed the same for the purpose therein expressed. / r u(� /I 1 ! t VV/ WITNESS my hand and official sealiin the County a▪ nd State aforesaid this / '/ • I \,,, l,�(, e. i '"�,' My Commission Expires: ..�t 2'$ �.C ). Notary Pub' s$ipattur J ' ,, 4 V.( (SEAL) Notary's PrintedN\ � f ,141) WENDY A.KLOPF MY COMMISSION 1 DD 303746 EXPIRES:April 12,2006 Return to:Collier County H&HS as�e rnn Houn vac urn Single Family Rehabilitation Loan Program 3050 N.Horseshoe Drive,Suite 110 Naples,FL 34104 Project# NM 04-05-0017 G:\GRANTSWOMEl20O4-2005 PROJECTS SINGLE-FAMILY REHABHowgard,Vanessa alMortgage 5 years.doc Packet Page -1606- Page 4 of 4 4/28/2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 and holder of a certain Mortgage executed by Vanessa A. Howard to COLLIER COUNTY, recorded on 03/14/2008 in Official Records Book 4339, Page 0117, of the Public Records of Collier County, Florida, securing a principal sum of $12,605.50 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage hereby acknowledges satisfaction of said Mortgage, surrenders the same as cancelled, and 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 097 Packet Pa:e-1607- INSTR 4376449 OR 4521 PG 2453 RECORDED 12/22/2009 12:05 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 4/28/2015 16"D.9. DOC @.35 $51.80 REC $35.50 OBLD $14,722.00 OBLI $0.00 Project Number KM 08-09-017 MORTGAGE THIS MORTGAGE("Security Instrument")is given on (,j day o C P'TM`f,2009. The Mortgagor is: Evens Saint Louis and Wilianie D. Saint Louie, a married couple ("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 H. Tamiami Trail, Naples, Florida 34112. Borrower owes Lender the sum of Fourteen Thousand Seven Hundred Twenty Two Dollars and 00/100 ($14,722.00).This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property, refinance,or loss of homestead exemption. This Mortgage will be forgiven at the five(5th)year anniversary date of mortgage. This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c) the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose, Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as: Lot 19, Block 14, Unit 1, Golden Gate, recorded in plat book 5, pages 60-64 in the Clerk of Circuit Court of Collier County, FL. Folio 11 35649280007 Address: 4451 23rd Place SW, Naples, FL 34116 TOGETHER WITH all the improverie1t r r,o1'"h$re rected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil apdi r andprofits,w ertlgtltlandstockandallfixturesnoworhereafterapart of the property.The Security Instrument shdlfatsocover all replacements a apfdifrons.All of the foregoing is referred to in this Security Instrument as the"Property'. // U BORROWER COVENANTS that Borrowers ull seized of the pertrty described above,and has the right to mortgage,the Property and that the Property/s urieheatribered exceOlf cif record.B,orroiserwarrants and will defend generally the title to the Property against all claims and emands suti ect-to an encumbrances bf record. P rtY 9 THIS SECURITY INSTRUMENTco in5s,dn'itBrrnmo`verv�ts Tatiio`1use apd non-uniform covenants with limited variation by jurisdiction to constitute a uniftrm Security ihstr(im r t c eriegkrea rFiop'r:rty. UNIFORM COVENANTS.Bgrrq,,erIand,Lender hovenar .and agree ps fdllows: 1. TERMS: The Borrower)of this•'NJdrtg'age haveZri:et gtanfied a"Deterred Repayment Loan,"the terms of which are intended;tp``ersure that any Home Investment Partnersht'Act(HOME)funds utilized to facilitate the rehabilitation of this Property are recapttae"d and utilized to assist anoth4itlower'-income4rome owner with rehabilitation unless the affordability requirements are met r f �0/ The terms of this Mortgaged blot require that_paykriepti be made as long as the makers comply with the following conditions.andlgovisions--Vii..:.V Borrower shall occupy the Property as their principal-residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the Five-Year amortization period. Such proof shall include:proof of homestead exemption,copies of paid receipts for taxes and insurance,and copies of insurance certificates for owner-occupied Property listing Collier County as Mortgage Holder. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates priorto the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against orwith respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Packet Page -1608- OR 4 52 1 PG 2454 4/28/2015 16.D.9. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. 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 Lender's option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(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 o-principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or. mou(it o3 t)e.,payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any in;urapcg4A -ene4-p7A6ebr1��X.asuhing from damage to the Property prior the acquisition shall pass to Lender to the extent eke secured bythis'> *instrument immediately prior to the acquisition. 6. Occupancy, Preservation,,Majpterance and Protection oftP perty; Borrower's Loan Application, Leaseholds. Borrower shall occupy,estdblisf3('nrl r ice,the,Property as Borrowers pri ipal residence within sixty days after the execution of this Security Instrument ap l shall co(di�r ue to occupy-the-Property as'$orroiuers principal residence for at least the affordability period r after the date gf occOpancy,an't-en.�'ender otherwise agrees ie writing,which consent shall not be unreasonably withheld,or unless exterimatiri tanctt xi arh' ad)o rscontrol.Borrower shall not destroy damage or impair the Property,allow the Ft operty td etkrt rata hr. mil a t/ron\the Property.Borrower shall be in default if any forfeiture action or proceeding,w ethe((�Crvq or cr ir�al,s bagjrry�l'iat')n is riders good faith judgment could result in forfeiture of the Property or otherwise materially iffiparr theL n bredb'this ecurit)rInsj urrteirtor Lender's security interest Borrower may cure such a default and reinstate\sap\'ovided in paragraph 18,In causing the aditdi{or proceeding to be dismissed with a ruling that,in Lender's good faith deter{itine\ion,precludes forfeiture ofthe Boirowf> ,eest in the Property or other material impairment of the lien created by this'Sully Instrument or LenderO curity jilteceat Borrower shall also be in default if Borrower,during the loan application prooes ; ve materially false or ina'cburate information or statements to Lender(or failed to provide Lender with any material information.)in/connection with the loan evict ' ti the Mortgage,including,but not limited to, representations concerning Borrower's occupancy.df"tbe Property as„aQrirtc 'residence. If this Security Instrument is on leasehold,Borrower shall comply with all the prov+sion blithe ease_70orro'we`yatquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees idilae merge(ri i1t,i�g-' 7. Protection of Lender's Rights in the ProVe f" orrower 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. . 0. 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 secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security lnstrumentwhether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to Packet Page -1609- OR 4521 PG 2455 4/28/2015 16.D.9. commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that 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 mall unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property is located shall govem 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 Bo wed 5Srov4ransferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at Its ro e r;irefimtn—,e payment in full of all sums secured by this Security Instrument. However,Lender shall not exercis,ge hy9-b tion1rfederel iGas,qf the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lend a give Borrower noti e.qf acceleration.The notice shall provide a period of not less than 30 days from the date the notice i delivered or mailed within Wtilch Borrower must pay all sums secured by this Security Instrument. If Borrower fails to ay these-awns-prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument houbfurtlZ@c eotice oretet and lr Borrow 16. Borrower's Right to I#einssfate. If Borrower-Meets certain conditpns,Borrower shall have the right to have enforcement of this Security Instrument d)s d ti goal\ the Fier off(a)5 days(or such other period as applicable law may specify for reinstateme )b�fo Sal of the goal up{'to ny ppwer of sale contained in this Security Instrument;or(b)entry of a judgment L nfori inglt` h�\cirityfln rrAnt'Those Bond tionsiare that Borrower:(a)pays Lender all sums which then would be due undell 1fits$ecn Instnun and a Notee)astif nth a'ECeleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses` Si %,,:4,/ incurred in enforcing this Security Instriiraept,including,but not limited tQtreasanagleg / jtgqmey's fees;and(d)takes such action as Lender may reasonably require to assuk tha�fhe lien of this Security histt,(imdnt Le?tder's rights in the Property and Borrower's obligation to pay the sums secured by this fr ri`y Instrument shall contin7elincI angdd. Upon reinstatement by Borrower,this Security Instrument and the obligations secure¢.hergby shall remain fully effe t(ve s if no acceleration had occurred. However, this right to reinstate shall not apply in the case-off@cceleration under ragrapht/t7. 19. Sale of Note;Change of Loan Sefvige P The telOf epl�rtial interest in the Note(together with this Security Instrument)may be sold one or more times without pftor-y((ce t6,Bori9ver A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due unaee the Flote and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. It there is a change of the Loan Servicer,Borrower will be given written notice of the 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 Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs, 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 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 Packet Page-1610- •** OR 4521 PG 2456 *** 4/28/2015 16.D.9. (Check Applicable Box) ❑ Adjustable Rate Rider 0 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 SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and deliver in the presence / Witness Signature: /��/ Signature: /O/i,- 0 _=J_.. ,.1-_}. n :orrower Evens Sain ouis/ Witness Print Name: /F'se�/�4- 1)Q/jr- ./Y r glik Signature: / .. . t, ' / . c orrower Wilianie .. Saint Louis Witness Signature: Witness Print Name: Address: 4451 23`'6 Place SW 1l.' -0(ii."-.Naples, Florida 34116 STATE OF FLORIDA ,,,,t's� � — 1\14 N COUNTY OF COLLIER / �, i j N �% \ti I hereby certify that on thi •da of i . 2009 before me,an officer duly authorized in the I l\" ', =. :Mm-, s 11 1 state aforesaid and in the county aforesfrd',to take acknowledgements,personally epa7e red Evens Saint Louis and J ,t'..-1/ Wilianie D. Saint Louis to`rt�me{known to be the person(s)`Hescdbedinapd who executed the foregoing instrument \i \` ., v.,/,i and acknowledged before me that HE/SHE/T-jE executed`_the sam the purpose therein expressed. WITNESS my hand and official seal in the County and Stbte-.f.eaald this -- .77 fJ L/ My Commission Expires:4 �j ra% .- s lgesture i Notary's Printerame (SEAL) >-..horn?, 4C'r), MARC S.BELLEUS ,f 61 MY COMMISSION d D0,5169P 9 et : [-XPIRFS.November 23,2010 14%.).NOTARY n.Nfly D1yv¢1 A Co(, .INNMVVwvvN-Ny I.OW Return to: Collier County Housing&Human Services 3301 E.Tamiami Trail,Bldg H#211 Naples,FL 34112 Phone: (239)252-4663 Project# HM 08-09.017 • Packet Page -1611- 4/28/2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 and holder of a certain Mortgage executed by Evens Saint Louis & Wilianie D. Saint Louis. to COLLIER COUNTY, recorded on 12/22/2009 in Official Records Book 4521,Page 2453, of the Public Records of Collier County, Florida, securing a principal sum of$14,722.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage hereby acknowledges satisfaction of said Mortgage, surrenders the same as cancelled,and 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 a Packet Page-1612- INSTR 4412740 OR 4552 PG 545 RECORDED 4/5/2010 9:24 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 4/28/2015 16.D.9. OBLD $0.00 OBLI $0.00 THIRD MORTGAGE`l THIS THIRD MORTGAGE("Security Instrument")is given on got S A � ,2010. The Third Mortgagor is: Evelyne Bellevue,a single woman ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 Tamiami Trial 5, *211, Naples, Florida 34112 . Borrower owes Lender the sum of Five Thousand and No/100ths Dollars (U.S.$ 5,000.00). 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 Mortgage will be forgiven at the five 15)year anniversary date of mortgage.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 LOT 63,LIBERTY LANDING,Collier County,Florida and which has the address of: ("Property Address"): 3776 Justice Circle, Immokalee, Florida 34142 TOGETHER WITH all the improvements DuerrO a11e(erfcted on the property,and all easements,rights, appurtenances,rents,royalties,mineral,oil artdia,$)i hfsandprofit ate fights and stock and all fixtures now or hereafter a part of the property. All replacemerftslantadditions shall also fie Vered by the Security Instrument. All of the foregoing is referred to in this Security Instfurneat as the"Property". \ BORROWER COVENANTS that'Borrowerlslawftdlly seizedrof the estate hereby conveyed and has the right to mortgage,grant and convey the Property and thatRhF'-R,lopety is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally.'t a to tkra ro tast,aiI.claimS and demands,subject to any encumbrances of record. l�r�f tom{(f// � I j \ 1/r THIS SECURITY INSTRUMENT c(%mtiines trnitor4r cb a eta fat nXllion l usle and non-uniform covenants with limited variation by jurisdiction to constittltela.prlifoJ iNs iristgpment,bovt<aringcreall property. UNIFORM COVENANTS. Bo over an Lender covenantand agree aS fi�1(ows: 1. Terms: The Borrower)of thisMogage have been grarifeldla'Deferfed1Repayment Loan,"the terms of which are intended to ensure that any American\Driant,Down payment Initiatide ADpJytunds utilized to facilitate the purchase of this Property are recaptured and utilized to assist)another lower-incomelhonme owner unless the affordability requirements , are met. The terms of this Mortgage do not requ'h tharitipa DeTnade as long as the makers comply with the following conditions and provisions: 1` Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the amortization period. Such proof shall include:proof of homestead exemption. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable based on the repayment schedule. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the ADDI monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends,reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. If there are no net proceeds from the foreclosure,repayment is not required and ADDI requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation, maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other govemmental Packet Page -1613- OR 4552 PG 546 4/28/2015 16.D.9. charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to 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 shalt 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. /;,Ly All insurance policies and renewals shalt exfec¢ept9b `d nd shall include a standard mortgage clause. Lender shall have the right to hold the policie v`� ais. If Lendeer:rAtirir�es,Borrower shall promptly give to Lender all receipts of paid premiums and renewal 'the event of loss,Borrowers�tall give prompt notice to the insurance r carrier and Lender. Lender may make prpof if not made promptly byQorrower. Unless Lender and Borrower otherwise agree.in writingrinsyrance proceed shall be applied to restoration or repair of the Property damaged,if the restoration or repal,;r js onomicaliy feasible a d Lender's security is not lessened. If the restoration or repair is not economicallIy e'or�end se wou }be I ssened,the insurance proceeds shall be applied to the sums secured by therSe uri E InStrurne'�q the Nick then due,with any excess paid to Borrower. If Borrower abandons the Plrgpeity, r does tot a 'i a,within‘30 days a notice from Lender that the insurance carrier has offered to settle a claim,the ti Le�iitler 'y2xa11P t inauranoe rbcee4s.i Lender may use the proceeds to repair or restore the Property or to pay sumssecured by this Secunftt.Instrirmer)f thether or not then due. The 30-day period will begin when the notice is mailer mess Lender and Borrriker o hew,riSe'sgree in writing,any application of proceeds to principal shall not extend or pos idge the due date of thetmQntlly peyrhents referred to in paragraph 1 or change the amount of the payments. If under ppragrraph 21 the Property is cgtji(ed by Lender,Borrower's right to any insurance policies and proceeds resulting from, pl ge_to the Prop rty"titOo the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrumerff mrp'e8a �ol'to4tfie acquisition. 6. Occupancy,Preservation,Maintenanaratilj_- rose Jjon-olthe 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,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 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 Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on 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 Packet Page -1614- OR 4552 PG 547 4/28/2015 16.D.9. the insurance coverage lapsed or ceased to be in effect Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking, divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors 1 ntEr'e j, arance by Lender in exercising any right or remedy shall not be-a waiver of or preclude the exercise yit mirky: T 12. Successors and Assigns Bound•ipi stand Several jti• o-Signers. The covenants and agreements of this Security Instrument shall t ira,end benefit the success'ors'ati'ttassigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrower's cgM.eoants.,and agreements shall bejoint and several. Any Borrower who co-signs this Security Instrument but does not'ezgrryte theettote;-($,19\c�o-signn g this Security Instrument only to mortgage,grant and convey that Borrower's interest in1li PrO erty under the terms`of this Security Instrument;(b)is not personally obligated to pay the sums secure li Secronin �"trr a0,agrees that Lender and any other Borrower may agree to extend,modify]fortie rior rilike arty dceo?p iohe'wiih regard to the terms of this Security Instrument or the Note without that Borrotare)'\s eon„ \.. ,! i' f I I E_e: 13. Loan Charges. If the loan thlgtvecurtfy-NhStrumertt-ifsdt ep�to a law which sets maximum loan charges,and that law is finally interpreted,,,So,that the interest or ottier,loan Charges cbllected or to be collected in connection with the loan exceed the permitted,imits,then:(a)any sa aoan ciiar��shall be reduced by the amount necessary to reduce the charge to the peilt edfimit;and(b)any sums-airead?'tollected from Borrower which exceeded permitted limits will be refunded to Borrower.-‘Lender may choose to maker,Ehiefund by reducing the principal owed under the Note or by making a direct paymerittolio. rrower. If a refund%educ s principal,the reduction will be treated as a partial prepayment without any prepayment charge,uu"dprfrt F113ToteR. ;'�% 14. Notices. Any notice to Borrower provided-for5[t_this.Secun`ty 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. Goveming 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. Packet Page -1615- *** OR 4552 PG 548 *** 4/28/2015 16.D.9. • 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 ofthetitle-ev`3pgbP:.--,\ 22. Release. Upon payment of all-su sus this strument,Lender shall release this Security Instrument,without charge,to Borrower. Bor vve>tsfietf pay any re o abfin cysts. 23. Attorneys'Fees. As used in tt(i(SCcurity Instrument and tlieJ4 teattomeys'fees"shall include any attorneys'fees awarded by an appellate curt./ �v SIGNING BELOW,Borrower accepts and agrees to th terms,and covenants contained in this Security Instrument and in any rider(s)executed by Borrower andire 4def3ro�Jf}tit'(�`� i Signed,sealed and delivered in the pre a df � J1: i `' A `•l u, b�T$)ratu;re:(��-01 446 Si 1�A7 Witness#1: . / .[. i. ` i. 4 �'%� BeowaT Evelyn ellevue Signature:.W .i. - "q \ Witness#2: & 6%r��� p� ,' ^ Sigrfattl4rey f <iB)Srrower Signature.>? Address: 3776 Justice Circle Immokalee, Florida 34142 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 Evelvne Bellevue 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. �y r WITNESS my hand and official seal in the County and State afor .1 said this G •day of �Aa(c t_ ,2010. My Commission Expires: o�z1 P , Public's Sign ure ,4 (Seal) � • " Tq f')Crx_cr- r, a. - I (� 2cz,/c; Notary's Printed Name wow-Wm • 71C * i.Dosca NaW6� W OF rte". File#: HM08-09-002 Packet Page -1616- 4/28[2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 and holder of a certain Mortgage executed by Evelyne Bellevue. to COLLIER COUNTY, recorded on 04/05/2010, in Official Records Book 4552, Page 545, of the Public Records of Collier County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage hereby acknowledges satisfaction of said Mortgage, surrenders the same as cancelled, and 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 - 20]5, 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 0.5`‘7 Assistant County Attorney t>e Packet Pare-1617- ` ` INSTR 4412709 OR 4552 PG 425 RECORDED 4/5/2010 9:03 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 4/28/2015 16.D.9. OBLD $0.00 OBLI $0.00 • THIRD MORTGAGE • THIS THIRD MORTGAGE("Security Instrument")is given on ,3 44-4 ko.rc 2010. The Third Mortgagor is: Felipe J.Ruvalcaba and Blanca L.Ruvalcaba,a married couple ("Borrower"). This Security Instrument is given to collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 Tamiami Trial E, #211, Naples, Florida 34112 . Borrower owes Lender the sum of Five Thousand and No/100ths Dollars (U.S.$ 5,000.00). 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 Mortgage will be forgiven at the five(5)year anniversary date of mortgage.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 and which has the address of:Lot 122, Liberty Landing, Collier County, Florida. ("Property Address"): 3751 Justice Circle, Immokalee, Florida TOGETHER WITH all the improvements waif eaft erected on the property,and all easements,rights, appurtenances,rents,royalties,mineral,oil aryd g$ tjgl+ts an-d'Krofi {�vva er rights and stock and all fixtures now or hereafter a part of the property. All replacem rttsi.nd additions shall a'1s tie covered by the Security Instrument All of the foregoing is referred to in this Security Instruni St as the"Property". \ BORROWER COVENANTS that Bo weer Iadfully-seized1of the e�state,hereby conveyed and has the right to mortgage,grant and convey the Property and that the operty is unencumbered,'except for encumbrances of record. Borrower warrants and will defend generally tti e-Pr -t2111SMiticlaims and demands,subject to any encumbrances of record. I I{ ( r 1 \ \!/ THIS SECURITY INSTRUMENT_coTbinestuniforrn,C•veoants r national!use and non-uniform covenants with limited variation by jurisdiction to constitute a"`form se`ourftytnstrumefttcevetir g teal property. UNIFORM COVENANTS. Borro)uet,and Lender covenantnd agreeas,follows: /C) 1. Terms: The Borrower)of this Alottgage have been granted-sijQeferred Repayment Loan,'the terms of which are intended to ensure that any American Dreg Down payment InitiatigeiAiDI)funds utilized to facilitate the purchase of this Property are recaptured and utilized to assis h �-llower-it C mf home owner unless the affordability requirements are met. FC The terms of this Mortgage do not require ttiktpaynrents be made as long as the makers comply with the following conditions and provisions: Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the amortization period. Such proof shall include:proof of homestead exemption. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable based on the repayment schedule. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the ADDI monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends,reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. If there are no net proceeds from the foreclosure,repayment is not required and ADDI requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at any time hr lawfully assessed or levied against or with respect to the Property,(2)all utility and other charge Packet Pa ge-1618- incurred or imposed for the operation, maintenance,use,occupancy,upkeep and in.r. ... ... .. . ...,._",,...id(3)all assessments or other governmental OR 4552 PG 426 4/28/2015 16.D.9. charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to 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. �f'—'�- Atl insurance policies and renewals shajl,b� eulle er and shall include a standard mortgage clause. Lender shall have the right to hold the policies'' wals. If LLehder�k vIi fes,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notjCe) the event of loss,Bo mrrver'Shali give prompt notice to the insurance carrier and Lender. Lender may make prpof o,f oss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree„4n Writing;inefitance p ceeds shall be applied to restoration or repair of the Property damaged,if the rdstoreti oc repir-is"-econorAcally fea ible;and Lender's security is not lessened. If the restoration or repair is not economicati f?Istpte 9f Le'rt4etpse`thrih vs't\1d b�lessened,the insurance proceeds shall be applied to the sums secured by the Secunttlnstrt me �h r orno�t then due,with any excess paid to Borrower. If Borrower abandons the Property,or d es1oo n r with,3'0 daks,4 notice from Lender that the insurance carrier has offered to settle a claim,then render may coTfect the rrtsurancp proolteds. Lender may use the proceeds to repair or restore the Property or to pay su(rfs`ssecured by this Secutnstrume hether or not then due. The 30-day period will begin when the notice is maile rAlnless Lender and Bo wer oth_etrwi a agree in writing,any application of proceeds to principal shall not extend or ptr$onnethe due date of the'ibrltlaly,payments referred to in paragraph 1 or change the amount of the payments. If under,par gr h 21 the Pr s acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from dain*.ge Tfope7(x.pnor to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrumenti etii a6r 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,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 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 Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on 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 riot 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 e coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twe Packet Page-1619-urance premium being paid by Borrower when OR 4552 PG 427 4/28/2015 16.D.9. the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking, divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in.int€8st. earance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise C, J\ 12. Successors and Assigns BounQ,,Y/ t and Severafbikbd ,\CaSigners. The covenants and agreements of this Security Instrument shall bind'nd benefit the success and assigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrower's nents,and agreements all�e joint and several. Any Borrower who co-signs this Security Instrument but do, ngt'ex he o e; �'rs co-sig ing his Security Instrument only to mortgage,grant and convey that Borrower'sn ,5,t i eTPrd tetiy ritr errns of this Security Instrument;(b)is not personally obligated to pay the sums secured �i'Sicgnty 1 s,i}i en�t�a c)agrees that Lender and any other Borrower may agree to extend,modify,'forb6anor r iakp any a odatibns ith regard to the terms of this Security Instrument or the Note without that Bortmwerrs boni6n. F.-- 13. Loan Charges. If the Ioan\&ecIred by this Security Instrument isa jlect to a law which sets maximum loan charges,and that law is finally interpreted so\hat the interest or of elooan clxaa�rg�s collected or to be collected in connection with the loan exceed the perrtitit d`limits,then:(a)any soh Iparia arge shall be reduced by the amount necessary to reduce the charge to the perrrtf4fedyimit;and(b)any sums a)rea4jcollected from Borrower which exceeded permitted limits will be refunded to Borrower:\L'er}tler-rnay cho ak this refund by reducing the principal owed under the Note or by making a direct payment td orrrowef f--educes principal,the reduction will be treated as a partial prepayment without any prepayment charge' +ie±N S 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 it exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of 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 i ante with paragraph 14 and applicable law. Packet Page -1620- *** OR 4552 PG 428 *** 4/28/2015 16.D.9. 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 th _ ' epee, 22. Release. Upon payment of all sums cgrtd fha($O4 ity Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borro ve`5s, = pay any redbAtioh\costs. 23. Attorneys'Fees. As used in jthiC§PgcGrity Instrument and thej4dte,"attomeys'fees"shall include any attorneys'fees awarded by an appellate courtt..// \ \ SIGNING BELOW,Borrower accepts arid agrees to t eeterr s and covenants\contained in this Security Instrument and in any rider(s)executed by Borrower and record wtt► -`'\'- J5 1 I Li( �. Signed,sealed and delivered in the presence o ,,)\ U f � I, Witness#1. it ilt m i1Om \'7:-2\:-.--- - ` Signature:' :1. J ��/ �r ✓ t3t4irowe el •e J. Ruvaicaba Signature: COYV `,',/e`\`� f L,kip r v ,(,�:E �' r':Witness#2: �� . /� ,..s F r:":";5igriature: a^^ t, ( �` ��t �- Borrowe, Blanca L. Ruv.icaba Signature:F' C'i r chr� co- — 1 f. Address: 3751 Justice Circle Inunokalee, Florida 34142 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 Felipe J. Ruvalcaba 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 afor said this /-9- t- day of iV1 c r pL ,2010. My Commission Expires: �/���.-- ,ifer �t/I Nom P blic's Signature/ (Seal) /OF/via f-o^ ,- `ry ci N�{ary Printed Name File#: HM08-09-002 Packet Page -1621- 4/28/2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 and holder of a certain Mortgage executed by Felipe J Ruvalcaba and Blanca L. Ruvalcaba to COLLIER COUNTY, recorded on 04/05/2010 in Official Records Book 4552, Page 425, of the Public Records of Collier County, Florida, securing a principal sum of S5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage hereby acknowledges satisfaction of said Mortgage, surrenders the same as cancelled, and 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 be Packet Pa:e-1622- INSTR 4330451 OR 4482 PG 755 RECORDED 8/13/2009 3:28 PM PAGES 4 DWIGHT5E. BROCK,RCOLLIER50 COUNTY CLERK OF THE CIRCUIT COURT 4/28/2015 16.D.9. OBLD $6,000.00 OBLI $0.00 THIRD MORTGAGE THIS THIRD MORTGAGE("Security Instrument)is given on 40 /1.7 G. ,2009. The Third Mortgagor is: Anissa Santiago a single person ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 Tamiami Trial E, #211, Naples, Florida 34112 . Borrower owes Lender the sum of Six Thousand and No/100ths Dollars (U.S.$ 6,000.00 ). 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 Mortgage will be forgiven at the five(5)year anniversary date of mortgage.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 E 1sor=r of TR 37,Collier County,Florida and which has the address of: ("Property Address"): 2740 14th Ave SE, Naples, Florida 34117, Folio #40982880007 TOGETHER WITH all the improvemett) �go�iv,:oNt rye 7ter-eret fbyl,ron the property,and all easements,rights, appurtenances,rents,royalties,mineral,oil,8( as'rights and profits,'wattiights and stock and all fixtures now or hereafter a part of the property. All replacam }ts and additions shall also`be covered by the Security Instrument. All of the foregoing is referred to in this Security I trurpe roperty,'-1 \ \ BORROWER COVENANTS th t Borrower is wfully erzed f the estate`$ereby conveyed and has the right to mortgage,grant and convey the Property aril rt sune COmb�red,except for encumbrances of record. Borrower warrants and will defend generall th tit Ito h Pr1ope`ii, 'gain`st ail clai s and demands,subject to any encumbrances of record. I fj\ i `` I I THIS SECURITY INSTRUME 1a arribiaes u Dr(ccver'antsfs tI5atidnaltuse and non-uniform covenants with limited variation by jurisdiction to constite. ,uniform security instrirypent hovering,/real property. UNIFORM COVENANTS. Borrower,'and Lender covenant/Ad a lgr4211`,follows: 1. Terms: The Borrower)of this fv)1OFtgage.,have been granted-alDgferred Repayment Loan,"the terms of which are intended to ensure that any American Dreartitiob�yin-paymentdrri rat`irejADDI)funds utilized to facilitate the purchase of this Property are recaptured and utilized to assist anOtlief werL e-fiome owner unless the affordability requirements are met. The terms of this Mortgage do not require that payments be made as long as the makers comply with the following conditions and provisions: Borrower shall occupy the Property as their principal residence. Subletting of the Property is not allowed even on a temporary basis. Failure to abide by the principal occupancy requirements can result in foreclosure. The Borrower shall be required to submit proof of principal occupancy to Collier County on an annual basis beginning on the anniversary of the first-year occupancy and annually until the end of the amortization period. Such proof shall include:proof of homestead exemption. If the Borrower fails to provide sufficient proof of occupancy in a timely manner,the Lender may contract with an independent title company to perform the necessary title re-certification,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease principal occupancy,transfer,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable based on the repayment schedule. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the ADDI monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends,reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. If there are no net proceeds from the foreclosure,repayment is not required and ADDI requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,all of the debt will be forgiven. 2. Taxes. The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be nail as the same resnentively become due,(A)(1)all taxes and governmental charges of any kind whatsoever fully assessed or levied against or with respect to the Property, Packet Page-1623- p rty,(2)all utility and other charges,..._.__... ,,,...�„,,,.,., ,,,,,.ncurred or imposed for the operation, OR 4482 PG 756 4/28/2015 16.D.9. maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to 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 beJn arl maupt-nottless than the full replacement cost of the Premises, exclusive of footings and foundations. U[jA All insurance policies and renewals shaih�ie acceptable to Lefdgrand shall include a standard mortgage clause. Lender shall have the right to hold the polici® and renewals. If Lender he ulres,Borrower shall promptly give to Lender all receipts of paid premiums and renewal nntices(an-the.eyent of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof,of Ibssafgot ma aptly by"orr wer. Unless Lender and Borrower otherwise aoee i iti u� cee�ls shall be applied to restoration or repair of the Property damaged,if the resto iofty(,rep'air ie`e6or5orrlj I y f lible nd Lender's security is not lessened. If the restoration or repair is not econorrica((y feasi 'le or Lentlps,r'��"` ecu$ity`y,,ould be lessened,the insurance proceeds shall be applied to the sums secured by,tf Se�cur4 dn> ScLpl``e t,flyheth*okndt(the'n due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answikwithirt 30 da e notice from Lender that the insurance carrier has offered to settle a claim,therhl-Crider may collect the insurance pj cee'ds. Lender may use the proceeds to repair or restore the Property or to pay srlrrl secured by this SecuritJfnstrprt.T whether or not then due. The 30-day period will begin when the notice is mailed\ijnless Lender and Borrowevhthet*ise agree in writing,any application of proceeds to principal shall not extend or postpdge,the,due date of the'r'c)rtthly payments referred to in paragraph 1 or change the amount of the payments. If under paragr 'f 1-t ygpert�rs acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from darrla oth er4y-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,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 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 Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on 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 "` eviously in effect,from an alternate mortgage insurer approved by Lender. If substantially ec Packet Page -1624-:overage is not available,Borrower shall pay OR 4482 PG 757 4/28/2015 16.D.9. 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 whichlhe fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking, divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sus ery'r yrthis Security Instrument by reason of any demand made by the original Borrower or Borrower'ssuccessorl it\gtt�n nce by Lender in exercising any right or remedy shall not be a waiver of or preclude the exeroi ny"right or rem2 .?' 12. Successors and Assigns BoM(l,;.doint and Several Liabill y;Co-Signers. The covenants and agreements of this Security Instrument shall bind-and-benefit the successors and assigns of Lender and Borrower,subject to the Provisions of paragraph 17. Borrower'4 Co venants ana agreements shell tic joint and several. Any Borrower who co-signs this Security Instrument but does n6t uteJ dteP(a),i' s!' 1ng this Security Instrument only to mortgage,grant and convey that Borrowerriinter Pro~pe er tFie terms of this Security Instrument;(b)is not personally obligated to pay the sums socursd I#y this Sectirit))tns' nd(c agrees that Lender and any other Borrower may agree to extend,modify,torl3ro c .a 'accotnmodatioosNai/regard to the terms of this Security Instrument or the Note without that Borrower's consent. t )/5'1 13. Loan Charges. If the loan'slaked by this Security In str�tmggnt)s sill ject to a law which sets maximum loan charges,and that law is finally interpreted,sd hat the interest or otligtioan,cirarges collected or to be collected in connection with the loan exceed the permittOliinits,then:(a)any suchoar1 harge shall be reduced by the amount necessary to reduce the charge to the permitted r)git; and(b)any stutis.itlready collected from Borrower which exceeded permitted limits will be refunded to Borrower. LendeVr ay IIrt5e tp make'this refund by reducing the principal owed under the Note or by making a direct payment to Bdtrevtrtifr:Ita mind 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 tht sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written n Packet Page-1625-nce with paragraph 14 and applicable law. *** OR 4482 PG 758 *** 4/28/2015 16.D.9. 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 attomey's fees and costs of tom' vt 22. Release. Upon payment of all sins-secttrad is- cp Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borv6uaex-s` al pay any re an,costs. 23. Attorneys'Fees. As used in)Ki ecurity Instrument and the4lote,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court./ \ SIGNING BELOW,Borrower accepts and agraes t th rm ~ quen�an`L ontained in this Security Instrument and in any rider(s)executed by Borrower and.e dervb rt , V� Signed,sealed and delivered in the pre'sen oe,f1 ),� 1, i t—� Witness#1: 7-woary I La»u1�',-",A, S`,,nature✓-��� � ,,�`�'',,� B3 v'e/..%/Anissa Sanitago , Signature: .i , \A /� Witness# 4.47, 'Mfr.., 1104,- __:-c-Borrower Signature: ill+A/A2 dXG .0I) Address: 2740 l4'D Avenue SE Naples, Florida 34117 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 Anissa Santiago 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 4 day of 4uay.l7 ,2009. My Commission Expires: /f G, Notary jrblic's Signature (Seal) Notary's Printed Name 4,0", Notary Pubic State of Florida ;4Timothy J Cotter , My Commission DD542421 ',an.," Expireso6(01r2010 File#: HMOB-09-001 Packet Page -1626- 4/28/2015 16.D.9. Prepared by:Mandy Moody Collier County Community&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 and holder of a certain Mortgage executed by Anissa Santiaeo to COLLIER COUNTY, recorded on 08/13/2009 in Official Records Book 4482, Page 755, of the Public Records of Collier County, .Florida, securing a principal sum of $6,000.00 and certain promises and obligations set forth in said.Mortgage, upon the property described in the aforementioned mortgage hereby acknowledges satisfaction of said Mortgage, surrenders the same as cancelled, and 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 County Attorney C bc� Packet Pare-1627-