Agenda 03/25/2014 Item #16D5 3/25/2014 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve a mortgage satisfaction for a State Housing Initiatives Partnership
loan in the amount of$3,000.
OBJECTIVE: To support the affordability of housing in Collier County through a down payment and
rehabilitation assistance program for income-qualified families.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP) offers assistance to
first-time homebuyers for use toward down payment, emergency repair and/or rehabilitation. As a
condition of award, the homeowner must repay the assistance provided upon sale, refinance or loss of
homestead exemption.
The following table provides details regarding a SHIP mortgage that has been repaid in full. As such, a
satisfaction of mortgage is required.
File Name Security Mortgage Payoff Public Record
Number Instrument Amount Amount
09-210 Evangelina B. SHIP Second $3,000.00 $3,000.00 OR Book 4552
Gutierrez Mortgage PG 568
Total $3,000.00 $3,000.00
Once executed, the satisfaction of mortgage will be recorded in the Public Records of Collier County,
Florida.
FISCAL IMPACT: The repaid amount of$3,000 is considered program income and has been deposited
in the SHIP Grant Fund (791), Project No. 33258. Such funds may be reused for eligible SHIP program
activities. A check for the recording fee of$10 has been provided by Habitat for Humanity.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign a satisfaction of mortgage for a owner-occupied affordable housing unit for which
repayment in full of SHIP funds has been provided to Collier County.
Prepared By: Mandy Moody, Grant Support Specialist,Housing,Human and Veteran Services
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3/25/2014 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to approve a mortgage satisfaction for a State Housing
Initiatives Partnership loan in the amount of$3,000.
Meeting Date: 3/25/2014
Prepared By
Name: MoodyMandy
Title: VALUE MISSING
2/26/2014 2:33:10 PM
Submitted by
Title: VALUE MISSING
Name: MoodyMandy
2/26/2014 2:33:11 PM
Approved By
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 2/26/2014 3:27:36 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation, Housing,Human&Veteran Services
Date: 3/2/2014 10:09:42 PM
Name: GrantKimberley
Title: Director-Housing, Human and Veteran S,Housing, Human&Veteran Services
Date: 3/4/2014 6:42:55 AM
Name: KushiEdmond
Title: Accountant,Housing,Human &Veteran Services
Date: 3/4/2014 8:36:10 AM
Name: DoriaPriscilla
Packet Page-1131-
3/25/2014 16.D.5.
Title: Grants Coordinator,Housing,Human&Veteran Services
Date: 3/4/2014 8:48:58 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 3/10/2014 9:43:05 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 3/10/2014 11:28:44 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 3/11/2014 10:53:56 AM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 3/13/2014 11:59:03 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/13/2014 3:21:52 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 3/14/2014 12:47:33 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 3/17/2014 9:50:56 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 3/17/2014 1:04:42 PM
Packet Page -1132-
3/25/2014 16.D.5.
Prepared by:Wendy Klopf
Collier County
I-lousing.FIuman&Veteran 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 TAM.IAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Evangeline 8.Gutierrez to COLLIER COUNTY, recorded on
April 5.2010 in Official Records Book 4552 , Page 568 , of the Public Records of Collier
County, Florida,securing a principal sum of$3,000.00 and certain promises and obligations set
forth in said Mortgage, upon the property described in the aforementioned mortgage.
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
,2014,Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK TOM HENNING,CHAIRMAN
Approval for form and legality:
Jennifer A.Belpedio
Assistant County Attorney
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INSTR 4412746 OR 4552 PG 568 RECORDED 4/5/2010 9:31 AM PAGES 3
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC 327.00 3/25/2014 16.D.5.
OBLD 30.00 OBLI 50.00
SECOND MORTGAGE
THIS SECOND MORTGAGE("Security Instrument")is given on .02 day of �e tr,ru, I ,2010. The Second Mortgagor is:
Evangelina B.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 3301 E. Tamiami Trail, Naples, Florida 34112 .
Borrower owes Lender the sum of Three Thousand and 00/100 Dollars ($3,000.00). This debt is evidenced by
Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,
if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption .
This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions
and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security
Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida.
As more particularly described as Lot 77,Trail Ridge,Collier County,Florida and which has the address of:
property Address"): 13585 Koinonia Drive Naples Florida 34114
(Address) (City) (State) (Zip)
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties,mineral,oil and gas rights and profits,water rights and stock and all factures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencumbered,exce• • -r mbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands,su - .• •u - " - 'canoes of record.
THIS SECURITY INSTRUMENT combines unitOTrI =`■ i• .10# and non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrument/cpvearygteal property.
UNIFORM COVENANTS. Borrower andAdeE'covenant and agree as fdl
1. Payment of Principal and Interes Prepa ment and Late Charges. B owe shall promptly pay when due the principal of and
interest on the debt evidenced by the Note. \ \ \
2. Taxes. The Mortgagor will pay al�taxe ,ass ssment✓- er rents r water tes nor to the accrual of any penalties or interest
thereon.
The Mortgagor shall pay or cause t be d, s s ���j ue,(A(1)all taxes and governmental charges of any
kind whatsoever which may at any time be la Ilya ss s or pd pp i k's , '" --pe to a Property,(2)all utility and other charges, '
including"service charges",incurred or impo:�echf, 1 he op iorVmaiht.n t ce,us; o- p iagj upkeep and improvement of the Property,and
(3)all assessments or other governmental chargr th ay I attf be•31tfn instittn?rrts r�rera period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause id be,aid only such installmen Fs ar�regifirer�3`to be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the fe re„�o)rig,forward to Mortgag e ce fe"°Ubh payment.
3. Application of Payments. Unless.•r le law provides other I y)neufts received by Lender shall be applied;first,to
interest due;and,to principal due;and last,to any -e es due under the Note ,c
4. Charges;Liens. Borrower shall pay al -ssments,chi finae nit impositions attributable to the Property which may
attain priority over this Security Instrument,and leaseh'ilapaitn. a i�Its' f'any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and aft ,. i•--vide payments.
Borrower shall promptly discharge any lien which has piitl'ttyvveflliis Security Instrument unless Borrower.(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against
enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended
coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower,
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property
damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph ,
21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall
occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the
Property. Borrower shall be in default if any forfeiture 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 lnstrur lorrower shall also be in default if Borrower,during the
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OR 4552 PG 569
3/25/2014 16.D.5.
loan application process,gave materially false or Inaccurate information or statements to Lender(or failed to provide Lender with any material
information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy
of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in
bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which
has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this
paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms
of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice
from Lender to Borrower requesting payment.
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 sumssec r immediately before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any balancefstrttrlrbe i o r. In the event of a partial taking of the Property in which
the fair market value of the Property immediately beforethe f@krlr .... Iao�loont of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in writip§�1�t�t�less applicable a ro .�^�e,�pprovides,the proceeds shall be applied to the sums
secured by this Security Instrument whether or no utt syms are then due. Unless t ender'rtd Borrower otherwise agree in writing,any
application of proceeds to principal shall not extend orpo one the due date of the monthly payments referred to in paragraphs 1 or change
the amount of such payments. / / `��
11. Borrower Not Released,Forbe8ranee Bkender Not-a.Waiver. Extension of t e time for payment or modification of
amortization of the sums secured by this Security is g b-y ss in interest of Borrower shall not operate to
release the liability of the original Borrower or+Bo„rw` s s ��{{mm0i rtt lit- L n hill not be required to commence proceedings
against any successor in interest or refuse to xtegg0 ti e fo kpa nt 0oti se' oel(fy amortization of the sums secured by this Security
Instrument by reason of any demand made bkttta brgma4Iorto grte -r's syccessorr.in Interest Any forbearance by Lender in
exercising any right or remedy shall not be a Waive aro preclud€11'ie exerc of anying'}Itbaerinedy.
12. Successors and Assigns Bouridddint and Several Llabllltyto• i null,."1M covenants and agreements of this Security
Instrument shall bind and benefit the successors and'essigns of Lender and Br7 owwe) sutl t to the
Provisions of paragraph 17. Borrower's covenan sagreements shall be joint' severs 'Any Borrower who co-signs this Security
Instrument but does not execute the Note;(a)is g ' this Security Instrumentokly to'' ortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security Inst` - ". " not personall •1i t o pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower ma'iagreetg_-. i1 , r or make any accommodations with regard to the terms
of this Security Instrument or the Note without that Borowers-rdjn ''.t.C.9.IN
13. Loan Charges. If the loan secured by this Security-Tit ent is subject to a law which sets maximum loan charges,and that
law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums
already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be
treated as a partial prepayment without any prepayment charge under the Note.
14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first
class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
16. 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
traneforrod(or if is beneficial interest in Borrower is sold nr transferred and Rnrrnwer is not a natural person)without Lender's prior written
consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall
not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument
If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to
pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this
Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for
reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses
incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may
be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that
collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with
paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous
Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any
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*** OR 4552 PG 570 ***
3/25/2014 16.D.5.
Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or
regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or formaldehyde,and
radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is
located that relate to health,safety or environmental protection.
21.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,
Lender,at Its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation costs.
23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall Include any attorneys'fees awarded by
an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider
❑Graduated Payment Rider ❑1-4 Family Rider — �-� ❑Second Home Rider
❑Balloon Rider ❑Biweekly Paymen c, ,f�r red Unit Development Rider
❑Other(s)(specify l J�
SIGNING BELOW,Borrower accepts and agree to th covenants contain in thrh Security Instrument and in any rider(s)executed
by Borrower and recorded with it. �'
Signed,sealed and delivered in the presence•f:� .a )'\ j"�t Ar
��Wrtness#1: Sigprwer V .J
.L I 1 ht
5 UU 1 Ev -15%i-or E. Gutierrez
Signature: , 1W
Wdness#2: l :rit` •Z 1 SIgnatur r" i /:^
�� i- Co-Borrower`—,
Signature: V.R.:11 l� �. r ���
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 Evangeline B. Gutierrez 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
f for the purpose therein expressed.
WITNESS my hand and official seal in the County and State aforesaid this �'I; day off)f ! ,1/irbt-- ,2010.
My Commission Expire, LOA_ i�"
',4 Airy
(Seal) *Oay '4�P N {i atu flu
t LRb°° S Notary's Printed Name
3L S.
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File#: 09-210
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3/25/2014 16.D.5.
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— Packet Page-1137-