Agenda 06/10/2014 Item #16D1 6/10/2014 16.D.1.
n
EXECUTIVE SUMMARY
Recommendation to approve a satisfaction of mortgage for a State Housing Initiatives Partnership
(SHIP)loan in the amount of$4,100.
OBJECTIVE: To support the affordability of housing in Collier County.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable
housing program,offers assistance to first time homebuyers for use toward a portion of the required down
payment and emergency repairs to the newly acquired home. 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 mortgage that has been repaid in full. As such,
satisfaction of mortgage is required.
Name Security Mortgage Payoff Public Record
Instrument Amount Amount
Ulrich B.Mosher and SHIP Second $4,100.00 $4,100.00 OR Book 4547 PG 934
Nicole Boylan Mosher Mortgage
Approval of this item will authorize the Chairman to sign the aforementioned satisfaction of mortgage
and the executed document shall be recorded in the Public Records of Collier County,Florida.
FISCAL IMPACT: The repaid amount of$4,100 is considered program income and has been posted to
SHIP Grant Fund 791,Project 33258.1. Such funds may be reused for eligible SHIP program activities.
A fee of$10 will be charged for recording the satisfaction and will be paid by a separate check provided
by the title company.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board Action.—.JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the attached satisfaction of mortgage for which repayment in full, in the amount of
$4,100,has been provided to Collier County.
Prepared By: Mandy Moody,Grant Support Specialist,Housing,Human and Veteran Services
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6/10/2014 16.D.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.1116.111.
Item Summary: Recommendation to approve a satisfaction of mortgage for a State
Housing Initiatives Partnership (SHIP) loan in the amount of$4,100.
Meeting Date: 6/10/2014
Prepared By
Name: MoodyMandy
Title: VALUE MISSING
5/15/2014 11:42:10 AM
Submitted by
Title: VALUE MISSING
Name: MoodyMandy
5/15/2014 11:42:11 AM
Approved By
Name: MaeEsther
Title: Accountant,Housing,Human&Veteran Services
Date: 5/15/2014 2:58:45 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 5/19/2014 9:30:22 AM
Name: KushiEdmond
Title: Accountant, Housing,Human &Veteran Services
Date: 5/21/2014 9:40:10 AM
Name: DoriaPriscilla
Title: Grants Coordinator,Housing, Human&Veteran Services
Date: 5/22/2014 8:54:34 AM
Name: GrantKimberley
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6/10/2014 16.D.1 .
Title: Director-Housing,Human and Veteran S,Housing,Human&Veteran Services
Date: 5/22/2014 12:09:18 PM
Name: GrantKimberley
Title:Director-Housing,Human and Veteran S,Housing, Human&Veteran Services
Date: 5/23/2014 1:32:07 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 5/27/2014 11:35:03 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 5/27/2014 12:36:36 PM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 5/27/2014 3:31:07 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 5/27/2014 4:19:36 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/28/2014 3:01:45 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 5/29/2014 10:23:52 AM
Name: FinnEd
Title:Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 6/2/2014 9:51:54 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/2/2014 10:41:13 AM
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6/10/2014 16.D.1.
Prepared by:Mandy Moody
Collier County
Housing,Human&Veteran Services
3339 E.Tarniami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Ulrich B. Mosher and Nicole Boylan Mosher to COLLIER COUNTY,
recorded on 03/18/2010 in Official Records Book 4547 Page 934 of the Public Records of Collier
County,Florida, securing a principal sum of$ 4,100.00 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
A 1TEST: 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 1
Assistant County Attorney \\\\
Page-1282-
INSTR 4407087 OR 4547 PG 934 RECORDED 3/18/2010 1:20 PM PAGES 5
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT 6/10/2014 16.D.1 .
DOC @.35 S14.35 REC 544.00
OBLD $4,100.00 OBLI 50.00
Return Original Document to;
FIRST AMERICAN TITLE ,
WARRENVILLE POST CLOSING
27775 Diehl Rd.
Warrenville,IL 60555
SECOND MORTGAGE
THIS SECOND MORTGAGE('Security Instrument')is given on day of ,201 The Second Mortgagor is:
80 iait n,
Ulrich B.Mosher and Nicole a a ma marri uple
("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 Four Thousand One Hundred and 00/100 Dollars ($4,100.00). This debt is
evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage'),which provides for monthly payments,
with the full debt,If not paid earlier,due and payable on sale of property, refinance, or loss of homestead
exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all
renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of
the Security Instrument;and(c)the performance of 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 Leawood Lakes,Lot 72,Collier County,Florida and which has the address of:
("Property Address"): 409 Leawood Circle Naples Florida 39103
(Address) (City) (State) (Zip)
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties,mineral,on and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". 1
BORROWER COVENANTS that Borrower is lawful o restate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencumbe a cep r .tCahlbra§bes of record. Borrower warrants and will defend generally
the title to the Property against all claims and demand(stti y e a #..record.
THIS SECURITY INSTRUMENT combines.dthaomcovenants for natio ds�non-uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrtuneihide ering real property.
UNIFORM COVENANTS. Borrower Ord Lerideceovenant and agree as follow
1. Payment of Principal and Interest;P,repaien andtat5'ChaF�ges. Borrowers all promptly pay when due the principal of and
interest on the debt evidenced by the Note. / / \
2. Taxes.The Mortgagor will pay II taxes'8rs� ;�' tes prior to the accrual of any penalties or interest
thereon. ! ( / t
// '. I ��
The Mortgagor shall pay or cause,.o be Ialkt,aetlr�e se@ine� ) mg du}q (A)(1)all taxes and governmental charges of any
kind whatsoever which may at any time be IavAol 'esses q,i e4ert agai t or wi reape¢tllo'tbe Property,(2)all utility and other charges,
including"service charges",incurred or imposedfor tR�perabaft maintenaope,use,'iccup`a5>ryr)upkeep and improvement of the Property,and
(3)all assessments or other govemmentat ct}awe¢,that may lawfully be paid irk tallrmenta dvena period of years,the Mortgagor shall be
obligated under the Mortgage to pay or cause`to ib 'aid only such instalimen ' regtar'alAo be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the fm rig,forward to Mortgagee a c'ofsut:h payment.
3. Application of Payments. Unless apNlicable law provides otherwise,aloayments received by Lender shall be applied:first,to
interest due;and,to principal due;and last,to any late'rehaOesclue under the Pole..\`r
4. Charges;Liens. Borrower shall pay all taxEa,eas smen -cIt rpe�,fnes and impositions attributable to the Properly which may
attain priority over this Security Instrument,and IeaseholapaymeFh€o Ticy'btii�pi ls'i1 any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and all recee ' ig 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(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 toe 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 rnverage Ruch insurance at all times to be in an amount not loos 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 3D-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
Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security
interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed
with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material
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ORDER!07a5355r
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OR 4547 PG 935
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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 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 sew Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction:(a)the total amount o su pe ieC'ry etely before the taking,divided by(b)the fair market value
of the Property immediately before the taking. Any bale-hoe,n , BB r1n the event of a partial taking of the Property in which
the fair market value of the Property immediately beliai��Helaking is less than nfoun'of the sums secured immediately for the taking,
unless Borrower and Lender otherwise agree in v(ritiog unless applicable law othefwif;e prgvides,the proceeds shall be applied to the sums
secured by this Security Instrument whether or th fume are then due. Unless Lender an&Borrower otherwise agree in writing,any
application of proceeds to principal shall not e end r tpppe the.doedate,¢fthe month payments referred to in paragraphs 1 or change
the amount of such payments. `e' \
11. Borrower Not Released,Forbearan a qt r star of the time for payment or modification of
/� amortization of the sums secured by this Sehurity st m g nted try. a der)o n�s4itcessor In interest of orrower shall not operate to
release the liability of the original Borrower dr Bor w is s�# sors i i t L de shall not required to commence proceedings
against any successor in interest or refuse to iextenlf time,. .pay�mbr on of rwise rg`od�fy a` i p tion of the sums secured by this Security
Instrument by reason of any demand made by,(t{e\oniDiral Bor"bweror er's st18899sgr0fre" terest Any forbearance by Lender in
exercising any right or remedy shall not be a*Ore t of or preclude the exercise•pf any�righbohre)nedy.
12. Successors and Assigns Bougd,JOInt and Several Liability Si nej's. he covenants and agreements of this Security
Instrument shall bind and benefit the successor Odd assigns of Lender and Or' e,setoleetito the
• Provisions of paragraph 17. Borrower's covenartslfid-•reements shall be joint an .euerat'My Borrower who co-signs this Security
instrument but does not execute the Note;(a)is cd,s'afnjng_ 's Security Instnum �ytq(nortgage,grant and convey that Borrower's interest
in the Property under the terms of this Security Instrurne (b et-personatlyottljga ed to pay the sums secured by this Security Instrument;
and(c)agrees that Lender and any other Borrower may.• -- ,• n ._, , • •-ar or make any accommodations with regard to the terms
of this Security Instrument or the Note without that Borrower's•• -
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that
law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted
limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and(b)any sums
already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be
treated as a partial prepayment without any prepayment charge under the Note.
14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first
class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable 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. 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 fats 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 Lenders 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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Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or
regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances: gasoline,kerosene.other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile
solvents,materials containing asbestos or formaldehyde,and
radioactive materials.As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is
located that relate to health,safety or environmental protection.
21.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant
or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given
to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,
Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without
charge,to Borrower. Borrower shall pay any recordation costs.
23.Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by
an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as B the rider(s)were a part of this Security Instrument. (Check Applicable Box)
❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider
❑Graduated Payment Rider p 1-4 Family Rider �._ ❑Second Home Rider
❑Balloon Rider ❑Biweekly PayrPentBIBerp. C ned Unit Development Rider
❑Other(s)(specify i, ` ��✓t��� ( r
SIGNING BELOW,Borrower accepts and agrges to fheterms-end covenants tnntained• this Security Instrument and in any rider(s)executed
by Borrower and recorded with it /
Signed,sealed a delivered in the presence of: ! r 1
Witness#�- C�C�v�L—1 �C'Lc\� \t/ $ignan{re: 4 a4%1
r \-f Bcioo r Ul 3 Sher
Signatur k\ irLLN r1 (may`
Witness#2: "%,\ Signature:4r-
Co- '4
Borrower 41ico2.11 --Bayla
a
Signature: . \ .'\ 'x w I( Mcsker-
's
\ � ddt._xsslZ>,�
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, e�
g personally appeared Ulrich B. Mosher and Nicole Pr. 11,11a.. 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 1D' day of IY`Q .2010.
My Commission Expires:
EIW •
Notary Public's Signature
(Seal)
_ _ _ _ Notary's Printed Name
+r`."S%y IGTIE MCMILLEN
f Notary Public-State of Florida
rel.z My Comm.Expires Feb 10.2011 1
1 -.,w, r Commission 0 0D 955560
File#: 09-219
•
Packet Page-1285-
OR 4547 PG 937
6/10/2014 16.D.1 .
// PROMISSORY NOTE
Date: FG6.144.q 1/, cic/Q
Borrower: Ulrich B. Mosher
409 Leawood Circle Naples Florida 34103
(Property Address) (City) (State)
(Zip)
1. BORROWER(S) PROMISE TO PAY: I/We promise to pay Four Thousand One Hundred and 00/100
Dollars ($4,100.00) (this amount will be called "principal") to the order of Collier
County or to any other holder of this Note (the "Lender"), whose address is 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. INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that if
I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%)
per annum from the date when payment of this Note is due until I/We pay it in full.
3. PAYMENTS: Principal payments shall be deferred for the term of the first mortgage loan or
until sale of property, refinance, or loss of homestead exemption, the date the last
payment is due on refinance or satisfy the first mortgage loan, I/We agree to immediately
pay the entire sum due under this Note. My/Our total payment shall be U.S. $4,100.0D.
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-Vi- a(17: ayment charge. The Note Holder will use
all of my prepayments to reduc Ne, i incipal that I owe under this Note.
If I/We make a partial preps here will F' \'changes in the due date or in the
amount of my monthly paymen ss the Note Holdei in writing to those chap es.
If I/We make a partial preps ent here will be g
associated with such prepaime P Payment penalty adhering to or-
/
5. LOAN CHARGES: If a law,
�., is finally interpreted o a t ( e PE4;i4a.trl4o41121:4eIT;cOTT:ct:d charges,collected in connection wit t permi� anytsuch
loan charges shall be n azyY o reduce the charges to the
permitted limit; and (ii ny sums already llec e��dt///mmnfyyy'' m, me which exceeded permitted
limits will be refunded fto!n1e/us. The Note.. Qlder choose to make this refund by
reducing the principal th3 ')(We owe under tetra: orieLp by making a direct payment
me/us. If a refund reduo� incipal, the read., will be treated as a partial
prepayment. O
6. SUBORDINATION: Lender and Borro ifEaoFil d agree that this Security Instrument
is subject and subordinate in all res he liens, terms, covenants and conditions
of the First Deed of Trust and to all advances heretofore made or which may hereafter be
made pursuant to the First Deed of Trust including all sums advanced for the purpose of
(a) protecting or further securing the lien of the First Deed of Trust, curing defaults
by the Borrower under the First Deed of Trust or for any other purpose expressly
permitted by the First Deed of Trust or (b) constructing, renovating, repairing,
furnishing, fixturing or equipping the Property. The terms and provisions of the First
Deed of Trust are paramount and controlling, and they supersede any other terms and
provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu
of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any
other collateral agreement restricting the use of the Property to low or moderate income
households or otherwise restricting the Borrower's ability to sell the Property shall
have no further force or effect on subsequent owners or purchasers of the Property. Any
person, including his successors or assigns (other than the Borrower or a related entity
of the Borrower), receiving title to the Property through a foreclosure or deed in lieu
of foreclosure of the First Deed of Trust shall receive title to the Property free and
clear from such restrictions.
Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in
lieu of foreclosure, the lien of this Security Instrument shall automatically terminate
upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been
given written notice of a default under the First Deed of Trust and (ii) the Lender shall
not have cured the default under the First Deed of Trust within the 30-day period
provided in such notice sent to the Lender.
7. BORROWER(S) FAILURE TO PAY AS REQUESTED:
(A) Default
If I/we do
default ifnIt a am in default, the oteaHolderlmay b ingeabout any actions/not prohibited
bysc p bed an (B) below, require me/us to pay the Note Holder's cost and expenses as
(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.
Packet Page-1286-
•
*** OR 4547 PG 938 ***
6/10/2014 16.D.1 .
applicable law re ./m's.
GIVING OF NOTICES: Unless a
pp quired a different method, any notice that
must be given to me/us under the Note will be given by delivering it or by mailing it by
first class mail to me at the Property Address on Page 1 or at a different address if
I/we give the Note Holder a notice of my/our different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) or at a
different address if I/we have been given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each
person is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a guarantor, surety
or endorser of this Note is also obligated to do these things. Any person who takes over
these obligations, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or against all of
us together. This means that any one of us may be required to pay all of the amounts •
owed under this Note.
10. WAIVERS: I and any other person who has obligations under this Note waive the rights of
presentment and notice of dishonor. "Presentment" means the right to require the Note
Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require
the Note Holder to give notice to other persons that amounts due have not been paid.
11. UNIPORM 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 nterest in Borrower. If all or any part of the
property or any interest in it � naferred (or if a beneficial interest in
Borrower is sold or transferred-1114110 p_fisAnnct a natural person) without Lender's
prior written consent, Lende t its o ti i*quire immediate payment in full or
all sums secured by this/Sec 'ity Instrument. dffhWever, this option shall not be
exercised by Lender if exercise is prohibited by edeal law as of the date of this
Security Instrument. / / l
If Lender exercises this option - •65+\{ow,x notice of acceleration. The
notice shall provide a period cif 11Qt"leek th- t''z'e. 30)I days from the date the notice ���
is delivered or mailed, zithtin(whith�Barrpy+e, .us pray jal1Isums secured by this Security
Instrument. If Borrowerrf5)i`f ' ay„�J tlse ur�y )prier to the expiration of this
period, Lender may invohq— y remedies pernAtted byf is Security Instrument without
further notice or demand ozLd3 rrower. /..
Notwithstanding the above,Cb Lender's rights,r6,_�; °llect and apply the insurance
proceeds hereunder shall be�,;sub ct and subordinate, the rights of the Senior Lien
Holder to collect and apply such-dproDeedis in_acCp hnce with the First Deed of Trust.
In-F` /
12. This note is
governed and construed Go a with the Laws of the State of Florida.
WITNESS TH HAND
AND SEAL(S) OF THE UNDERSIGNED.
w/ ././- 4/
/ P ,
(Seal)
Borrower Ulrich B. Mosher
(Seal)
Borrower
RETURN TO: Collier County Housing and Human Services Department —.?1'6sit((q ('Der
,A)rtOarcj 3301 E. Tamiami Trail File): 09-216
b Naples, FL 34112
V Phone: (239) 252-5312 Fax: (239) 252-6518
■ -.
Packet Page-1287-
6/10/2014 16.D.1 .
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