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Agenda 04/28/2015 Item #16D11 4/28/2015 16.D.11 . EXECUTIVE SUMMARY Recommendation to approve a satisfaction of mortgage for the American Dream Downpayment Assistance Program in the amount of$6,954. OBJECTIVE: To support the affordability of housing in Collier County through downpayment assistance programs. CONSIDERATIONS: Collier County offers assistance to individuals to purchase housing units through federal grants, such as the American Dream Downpayment Assistance Program(ADDI), who was funded by the HOME Investment Partnership Program. In conformance with the requirements of ADDI, contained in 24 CFR 92.612c and 92.254(a)(4), homeowners receiving grant funds must meet affordability requirements for five years. The following table details a client who has paid off his lien, fulfilling the obligations of the ADDI assistance provided and making him entitled to a satisfaction of mortgage. Date OR Book Loan Amount Paid Name(s) Grant Address Assistance & PG Amount Off Provided Virgin C. 5160 Everglades OR 4646 Lindsey ADDI Blvd.N Naples, FL 01/27/2011 PG 2282 $6,954 $6,954 34120 Approval of this item will authorize the Chairman to sign the aforementioned satisfaction of mortgage, and the executed documents shall be recorded in the Public Records of Collier County,Florida. FISCAL IMPACT: The repaid amount of$6,954 is considered program income and has been deposited in the Urban Improvement Grant Fund (121), Project 31121. Such funds may be reused for other eligible Housing Urban Development(HUD)program activities. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.—JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign the release of lien for an owner-occupied affordable housing unit that has satisfied the terms of assistance. PREPARED BY: Mandy Moody, Grant Support Specialist, Community &Human Services Division Attachments: ADDI mortgage, Release of Lien, and SAP Backup for the payoff Packet Page -1637- 4/28/2015 16.D.11 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to approve a satisfaction of mortgage for the American Dream Downpayment Assistance Program in the amount of$6,954. Meeting Date: 4/28/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community&Human Services 4/2/2015 1:48:33 PM Submitted by Title: Grants Support Specialist, Community &Human Services Name: MoodyMandy 4/2/2015 1:48:35 PM Approved By Name: KushiEdmond Title: Accountant, Community &Human Services Date: 4/6/2015 1:16:55 PM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 4/7/2015 12:35:07 PM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Community&Human Services Date: 4/8/2015 9:35:37 AM Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 4/8/2015 11:29:00 AM Name: DoriaPriscilla Packet Page-1638- 4/28/2015 16.D.11 . Title: Grants Coordinator,Community &Human Services Date: 4/8/2015 11:39:47 AM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 4/9/2015 1:16:49 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 4/9/2015 1:34:38 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/9/2015 4:43:28 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2015 1:33:12 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 4/17/2015 9:06:47 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/17/2015 1:26:25 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/17/2015 2:13:42 PM Packet Page -1639- INSTR 4520225 OR 4646 PG 2282 RECORDED 1/27/2011 11:53 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 4/28/2015 16.D.11 . DOC @.35 $24.50 INT @.002 $13.91 REC $44.00 OBLD $6,954.00 OBLI $6,954.00 U C V O Cr THIRD MORTGAGE CDC d d M J rn L (-1 C THIS THIRD MORTGAGE('Security Instrument")is given on JCt M�Q 02( ,2010. The Third Mortgagor is: v, 0 0) a LL. to Virgul C.Lindsey,an unmarried man ca a 12 'D a' U = existing under the taws of the United r eStates of America,and Collier County whose address is 3301 TLamidami Trialis5, #lid and �— 5 Naples, Florida 34112 . Borrower owes Lender the sum of Six Thousand Nine Hundred Fifty-Four C 't and No/100the Dollars (U.S.$ 6,954.00). This debt is evidenced by Borrower's Note dated the same date as N this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt.If not paid earlier, je- due and payable on sale of property, refinance, or loss of homestead exemption . This Mortgage n will be forgiven at the fifth (5) year anniversary data 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 Q Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and Q the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described (— property located in Collier County,Florida. C) G As more particularly described as and which has the address of:Golden Gate Eat, Unit 39 S 150ft of TR 6, ce Collier County, Florida. O ("Property Address'): 5160 Everglade e'.y Florida 34120 U (AddreS; `yam' (Ci M .."-- (Zip) [ ce ce TOGETHER WITH all the irr+,{roi ntsnts now or hereafter erected on a pro erty,and all easements,rights, ce appurtenances,rents,royalties,mineral,oil aLed-gee-rights and profits water rig' s and\stock and all fixtures now or hereafter a part of the property. Al reptaEemegts,and ad irons 'haftialso be coved b the Security Instrument. All of the foregoing is referred to in this Security Instrument as r0.-rty". \ 1 BORROWER COVENANTS tffa r isiawftt)y--+:. ; - alff,areby conveyed and has the right to mortgage,grant and convey the'Srope1ty arid tftiethgPr pa,y s ,rrncu be -We xcept I`pr encumbrances of record. Borrower warrants and will defend ge trally the title to th Prbpe in II im and demands,subject to any encumbrances of record. t ,. / L. I THIS SECURITY INST ME nes / is for ionitI use I ar4d non-uniform covenants with limited variation by jurisdiction to ti e a uniform security instru'nt covering rea'1 Property. UNIFORM COVENANTS.\Bt(rower and Lender covenant art Jreefas follows/ \ .4 1 fs 1. Terms: The Borrower)of\tlis'.Ma{tgage have been granted'a' fat payment Loan,'the terms of which are intended to ensure that any Ameritar Die, Down payment Initiative(Appl)"funds utilized to facilitate the purchase of this Property are recaptured and utilized a5i'st then lower-incorrse-tiiatfwtia"`tnrner unless the affordability requirements are met. ( ) 1w" The terms of this Mortgage do not re retthr4,Jaen- s-LA fade as long as the makers comply with the following conditions and provisions: I Borrower shall occupy the Property O ply p rty as their principal residence. Subletting of the Property is not allowed even on 0 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 C--- 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 AUDI 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 r ' 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,`-' - - ' Vtrrted or imposed for the operation, Packet Page -1640- OR 4646 PG 2283 4/28/2015 16.D.11. 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 ken: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 Iimr ,,ell-rTR: 3orence protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Prem+s s rc;�igtStni id-R3her casualties customarily insured against (including boiler explosion,if appropriate),yvff " furrstart�aTd-eadbrldetcropverage endorsement,including debris removal coverage. Such insurance at alf'(jri eto•be in an amount not le ttfanlithe,full replacement cost of the Premises, exclusive of footings and foundations./ 7 4'` ` \ All insurance policies and rensewa sAhall be acceptable to Lender and all intllude a standard mortgage clause. Lender shall have the right to hold the poli4ies,and renewals.—ltleffder-requires, orrov+er shall promptly give to Lender all receipts of paid premiums and renewal Moticei4-trtthe ever9t,.of loss.Borrower shaVivelprompt notice to the insurance carrier and Lender. Lender may Make prop,Lof pss if addptompll r r. \ Unless Lender and Borrower of erwthe a gl ra prceslshall be applied to restoration or repair of the Property damaged,�f the g sto`ation r pail is ecc n" i by a ,fe aid Lender's security is not lessened. If the restoration or repair is not econotitica f ly fea,5,ibleeko^ r k.ennde('s ecurity but be tosser ed,the insurance proceeds shall be applied to the sums sect regtiVtpe`6etrinty,Instfu `e ether o ot�en}du"'e,With any excess paid to Borrower, If Borrower abandons\tbe-Ptoper y,or does not answ re within 30 gays a e from Lender that the insurance carrier has offered to settle a claire4hen,Lender may collect the insure' ce praceeds Winnder may use the proceeds to repair or restore the Property or to ay sums secured by this Security - mfent.Ataej`ther or not then due. The 30-day period will begin when the notice is naa0e ',Unless Lender and Borrower therwiseegFee in writing,any application of proceeds to principal shall not extendbrrdslpone the due date of the month pdyafents referred to in paragraph 1 or change the amount of the payments. Ii ndti' aragraph 21 the Proper tyis'a� $iredby Lender,Borrower's right to any insurance policies and proceeds resulfingg"fforh•tarn2Age..to the ProoertT or,fe lte acquisition shall pass to Lender to the extent of the sums secured by this Security lrsttur r iptrieejjateiyy r of t acquisition. 6. Occupancy,Preservation,Maintenance di,'rritec§igp.ofthe Property;Borrower's Loan Application, Leaseholds. Borrower shall occupy,establish,and use t_he frroperty 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 Lenders 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 dale 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,me 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 mortaaae insurance coverage is not available,Borrower shall pay Packet Page-1641- OR 4646 PG 2284 4/28/2015 16.D.11 . 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 rity.j'lrnment granted by Lender to any successor in interest of Borrower shall not operate to release ifeki• . f'- -r' (dial wer or Borrower's successors in interest. Lender shall not be required to commence fypq�q arcs a s'olh,mterest or refuse to extend time for payment or otherwise modify amortizatiorizfie,sums secured by this S' r#y"IhStrument by reason of any demand made by the original Borrower or Borrowers our ,ssoors in interest. Any forbearan `by Lender in exercising any right or remedy shall not be a waiver of or preclude the exertas right or remedy. 12. Successors and Ass(ans B,4urtd Joint and-SeveraLhjai�ility;Co&Signets. The covenants and agreements of this Security Intro ent shall bit nd'enefit-tVe successors and a sign of Lender and Borrower,subject to the Provisions of paragraph 17 Borrpw Ivan ats4nd Qr nZ.sha)I int ar d several. Any Borrower who co-signs this Security Instrument, d e tw it il t�ritei ec0e-5igti`n$ hii Security Instrument only to mortgage,grant and convey thatiBorroliery interest i Pr p e n r t e t s of this Security Instrument;(b)is not personally obligated to pay the sums securikd byytbis hecuntyiInSt Tent;arid( agrees that Lender and any other Borrower may agree to extend,rr�o7'iiy,ifotbear of mdkriyaccotrmaodationA reoga to the terms of this Security Instrument or the Note without thatBorrpwers consent. \ir 'i —,,/ 13. Loan Charges. If the lgan stecured by this Security Instrument islsubj by law which sets maximum loan charges,and that law is finally interpi'eeted\5o that the interest or other arrchpprgeS collected or to be collected in connection with the loan exceed the pe')itted limits,then:(a)any such 1aan ttr rge�shall be reduced by the amount necessary to reduce the charge to the eYriiitfed limit;and(b)any sums alread,r cbilecfted from Borrower which exceeded permitted limits will be refunded to Borrovfe(' k , r may choose to make'tis yefuhd by reducing the principal owed under the Note or by making a direct paymer`t�f1'Be refund-,rred ,.principal,the reduction will be treated as a partial prepayment without any prepayment cha ekrr)tet o a,_t... 14. Notices. Any notice to Borrower prov iied;2q!^rn this ecurit�i 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 taw,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without 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. r 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 nr"--^'""-'---- - ' pe with paragraph 14 and applicable law. Packet Page-1642- OR 4646 PG 2285 4/28/2015 16.D.11. , 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 },�a i�gs++m at ayment in full of all sums secured by this Security Instrument without further demand a a f dtosertbi strument by judicial proceeding. Lender shall be entitled to collect all expenses inrd ;angtfi€f8 in this paragraph 21,including,but not limited to,reasonable attorneys fees and tale title evidence. 'IN 22. Release. Upon paymentrif tsu s secured by this Security Ine Lender shall release this Security Instrument,without charge,to Borrower. Bperower shall pay any recordation costs. 23. Attorneys'Fees. As used ln'tthi ecurity Insis�arnsae Note,A ttomeys'fees"shall include any attorneys'fees awarded by an app�llate//�d^^""urt SIGNING BELOW,Borrower accepts is r t " and v is aired in\this Security Instrument and in any rider(s)executed by Borrower andlle ded ith ft. ) i L b' S 1 ty Signed,sealed d delivered in t S. r i Witness*1: //ba-,l L�l,.LLCt.;_v Signature:j •[ `uV L. r , _// / i 1,:,,,,,,,L Bol ?'er / /vxtistil C. Lindsey Signature: 1D( .u,)v `.s1 ).�I t) V" r ., Witnesstr2: T. Vll . "i C Signature ., -�, -•-oo- airtgW r. Signature. : 1116 :,_•f ` I Address: 5160 Everglades Blvd N. Naples, Florida 34120 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 virgin c. Lindsey tome 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 a 1 taste aforesaid this day of 11 C!_-j)L-ACA 10. My Commission Expires: f J/_. ' I t 4 �� y- t / u Not. ypublic's •e a re - WEEDY L.SICILIANO Notarys Printed ame t 2 ;R;P„`�: Notary Public-State of Florida , '" _My CCommission#OD F00107 2011 4 ,%t, Bonded Through National Notary Assn.' Files: Packet Page -1643- *** OR 4646 PG 2286 * * 4/28/2015 16.D.11 • EXHIBIT"A" LEGAL DESCRIPTION FOR 5160 N EVERGLADES BLVD NAPLES,FL 34120 FILE NO.: 2010-06843 REO NO.: A101 QZS THE SOUTH 150 FEET OF TRACT 6, UNIT 39, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 24, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Y i \17,/,77' 1 Packet Page-1644- 4/28/2015 16.D.11. 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 Virtul C. Lindsey to COLLIER COUNTY, recorded on 01/27/2011 in Official Records Book 4646, Page 2282, of the Public Records of Collier County, Florida, securing a principal sum of 56,954 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 `.� Packet Pa:e -1645- 4/28/2015 16.D.11. o / \ N � NJ / k • 0 S k / N \ § trj 0 01 01 \ § 00 m / / O 0 Cr• Cr \ \ D. e e § \ I• I �� » = 2 < < / / u u } / \• \ k k < cc cc < 0 j a \ < \ \ M NJ \ N j m• % \ \ Packet Page -1646-