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Agenda 09/23/2014 Item #16D 59/23/2014 16.D.5. EXECUTIVE SUMMARY Recommendation to approve three mortgage satisfactions for State Housing Initiatives Partnership Program loans in the combined amount of $62,500. OBJECTIVE: To support the affordability of housing in Collier County through down payment and emergency repair and /or rehabilitation assistance programs. CONSIDERATIONS: The State Housing Initiatives Partnership (SHIP) Program, a state affordable housing program, offers assistance to first -time homebuyers for use toward a portion of the required down payment and emergency 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 mortgages that have been repaid in full. As such, satisfactions of mortgages are required. Name Security Instrument Mortgage Payoff Public Record Amount Amount Ashley Hartz (aka SHIP Second $37,500 $37,500 OR Book 4303 PG 3412 Ashley Hard Mortgage 11/19/2007 Bradford A. Parker SHIP Second $22,500 $20,000* OR Book 4359 PG 0238 Mortgage 05/12/2008 Jennifer Weir SHIP Second $2,500 $2,500 OR Book 3543 PG 2980 Mortgage 04/16/2004 Total $62,500 $60,000 Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of mortgage and the executed documents shall be recorded in the Public Records of Collier County, Florida. *On May 12, 2008, a mortgage was recorded to Collier County from applicant(s) Bradford A. Parker in the amount of $22,500. There was a scrivener's error in the written amount ($22,500) and the numerical amount ($20,500). An amount of $20,000 was provided towards the down payment assistance and an additional $2,500 was granted to the homebuyers to be used towards emergency repairs to the dwelling unit. The homeowners did not utilize the $2,500 of those emergency repair funds therefore the home owner is only required to repay the Collier County SHIP Trust Fund the amount of $20,000. FISCAL IMPACT: The repaid amount of $60,000 is considered program income and has been deposited in SHIP Grant fund 791, project 33331. Such funds may be reused for eligible SHIP program activities including Program Administration. The $10 recording fee will be paid by each of the borrowers. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign three mortgage satisfactions for owner - occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared BY: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services Packet Page -2427- 9/23/2014 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.5. Item Summary: Recommendation to approve three mortgage satisfactions for State Housing Initiatives Partnership Program loans in the combined amount of $62,500. Meeting Date: 9/23/2014 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Housing, Human & Veteran Services 8/19/2014 1:16:45 PM Submitted by Title: Grants Support Specialist, Housing, Human & Veteran Services Name: MoodyMandy 8/19/2014 1:16:46 PM Approved By Name: KushiEdmond Title: Accountant, Housing, Human & Veteran Services Date: 8/20/2014 8:24:41 AM Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 8/22/2014 12:49:39 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 9/4/2014 12:22:30 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 9/4/2014 4:09:39 PM Name: AlonsoHailey Packet Page -2428- 9/23/2014 16.D.5. Title: Operations Analyst, Public Services Division Date: 9/11/2014 11:29:39 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 9/11/2014 2:23:53 PM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 9/15/2014 5:19:55 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/16/2014 11:19:44 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/16/2014 2:08:06 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 9/16/2014 2:59:10 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 9/16/2014 3:36:26 PM Packet Page -2429- 9/23/2014 16.D.5. THIS SECOND MORTGAGE ( "Security Instrument ") is given on , 2008. The Second Mortgagor is: Bradford A. Parker, a single man ( "Borrower"). This Security Instrument is given to Collier County the laws of the United States of America, and whose address is 3301 E. Tamiami Trailer Na es Florida 34112 under Borrower owes Lender the sum of Twenty Two Thousand Five Hundred and 00 /100 Dollars (S20 500 00). This debt is evidenced by Borrowers Note dated the same date as thjs Security Instrument (Second Mort Payments, with the full debt, if not paid earlier, due and gage "), which Provides for monthly homestead ex payable on sale of property refiaaace or loss of esruDtion .This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described as 1875 Napoli Luxury Condominiums, Unit 7103 Collier County, Florida and which has the address of: ( "Property Address'): 1875 Florida Club Drive #7103, Na les, FL 34112 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "P BORROWER 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, a noes of record. Borrower warrants and will defend y the title to the Property against all claims and demands, s� general) THIS SECURITY INSTRUMENT combines u a of record. o jurisdiction to constitute a uniform security instrume real pro perty. rid non - uniform covenants with limited variation by UNIFORM COVENANTS. Borrower an covenant and agree as fol 1- Payment of Principal and Interes Pre Late Cha es. Borrower hall rom tl interest on the debt evidenced by the Note. \ P P Y Pay when due the principal of and 2. Taxes. The Mortgagor will pay al tax , assessme thereon. r rents r water rfttes 'or to the accrual of any penalties or interest The Mortgagor shall pay or cause to be p d, s t e s cb I o kind whatsoever which may at any time be I II s du (A) 1) all taxes and governmental charges of any including Y se or d g i or wi re pe %tD,t a Property, (2) all utility and other charges, rig "service charges ", incurred or imp u (3) all assessments or other ovemmental ch AyY upkeep and improvement of the Property, and g at may lawfully be paid nstall nta�ier/a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause t id only such installments are, x�irad�lb be shall, Promptly after the payment of any of the forward to Mort a paid during the term of the Mortgage, and 3. Appliption of Pa g goes de payment. Payments. Unless a law provides otherwise, ' a / is received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any s due under the Not 4. Charges; Liens. Borrower shall pay all ents c attain priority over this Security Instrument, and leasehol rid impositions attributable to the Property which may notices of amounts to be paid under this y t any. Borrower shall Promptly fumish to Lender all Borrower shaft promptly discharge anry�lrenawhich has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect 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 risks and for such amounts as are customarily insured against and pay, as the same become due and payable,, all premiums in against such including, but not limited to , all -risk insurance protecting the interests of the Mortgagor and Mortgagee re�cl thereto, by fire, lightning, and other casualties customarily insured against (including boiler r against loss or damage to the Premises coverage endorsement including debris removal coverage. Such insurance at all times to be in an amount not tlless than he 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. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish• and use the Property as Borrowers principal residence within ffibdydays after the execution of this shall continue to o�py the Property as Borrower's Principal residence for at least one year after the date of Occupancy, Instrument and Otherwise agrees in writing, which consent shall not be unreason PaexY• unless Lender Bonowees control. Borrower shall not destroy, damage or impairs he withheld, al unless extenuating eteums te, or exist which are beyond Property. Borrower shall be in default if any forfeiture aclinn nr nun 3�IOW the Property to deteriorate, or Lenders waste on the judgment could result in forfeiture of the Pro ^r criminal, is begun that in Lender s good faith Property or other Packet Page -2430- -ated by this Security instrument or Lenders security SECOND MORTGAGE OBLD 20500.00 OBLI 20500.00 Reta: 4164163 OR: 4359 PG: 0238 DOC -F35 71.75 EMERALD TITLE COMPMT LLC RECORDED ifl the OFFICIAL RECORDS of COLLIER COMM, FL 27911 CROWN LAKE BLVD #203 05/I2/2008 at 10;06AM DWIGHT 1. BRoCK, CLERK BONITA SPRINGS PL 34135 THIS SECOND MORTGAGE ( "Security Instrument ") is given on , 2008. The Second Mortgagor is: Bradford A. Parker, a single man ( "Borrower"). This Security Instrument is given to Collier County the laws of the United States of America, and whose address is 3301 E. Tamiami Trailer Na es Florida 34112 under Borrower owes Lender the sum of Twenty Two Thousand Five Hundred and 00 /100 Dollars (S20 500 00). This debt is evidenced by Borrowers Note dated the same date as thjs Security Instrument (Second Mort Payments, with the full debt, if not paid earlier, due and gage "), which Provides for monthly homestead ex payable on sale of property refiaaace or loss of esruDtion .This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described as 1875 Napoli Luxury Condominiums, Unit 7103 Collier County, Florida and which has the address of: ( "Property Address'): 1875 Florida Club Drive #7103, Na les, FL 34112 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "P BORROWER 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, a noes of record. Borrower warrants and will defend y the title to the Property against all claims and demands, s� general) THIS SECURITY INSTRUMENT combines u a of record. o jurisdiction to constitute a uniform security instrume real pro perty. rid non - uniform covenants with limited variation by UNIFORM COVENANTS. Borrower an covenant and agree as fol 1- Payment of Principal and Interes Pre Late Cha es. Borrower hall rom tl interest on the debt evidenced by the Note. \ P P Y Pay when due the principal of and 2. Taxes. The Mortgagor will pay al tax , assessme thereon. r rents r water rfttes 'or to the accrual of any penalties or interest The Mortgagor shall pay or cause to be p d, s t e s cb I o kind whatsoever which may at any time be I II s du (A) 1) all taxes and governmental charges of any including Y se or d g i or wi re pe %tD,t a Property, (2) all utility and other charges, rig "service charges ", incurred or imp u (3) all assessments or other ovemmental ch AyY upkeep and improvement of the Property, and g at may lawfully be paid nstall nta�ier/a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause t id only such installments are, x�irad�lb be shall, Promptly after the payment of any of the forward to Mort a paid during the term of the Mortgage, and 3. Appliption of Pa g goes de payment. Payments. Unless a law provides otherwise, ' a / is received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any s due under the Not 4. Charges; Liens. Borrower shall pay all ents c attain priority over this Security Instrument, and leasehol rid impositions attributable to the Property which may notices of amounts to be paid under this y t any. Borrower shall Promptly fumish to Lender all Borrower shaft promptly discharge anry�lrenawhich has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect 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 risks and for such amounts as are customarily insured against and pay, as the same become due and payable,, all premiums in against such including, but not limited to , all -risk insurance protecting the interests of the Mortgagor and Mortgagee re�cl thereto, by fire, lightning, and other casualties customarily insured against (including boiler r against loss or damage to the Premises coverage endorsement including debris removal coverage. Such insurance at all times to be in an amount not tlless than he 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. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish• and use the Property as Borrowers principal residence within ffibdydays after the execution of this shall continue to o�py the Property as Borrower's Principal residence for at least one year after the date of Occupancy, Instrument and Otherwise agrees in writing, which consent shall not be unreason PaexY• unless Lender Bonowees control. Borrower shall not destroy, damage or impairs he withheld, al unless extenuating eteums te, or exist which are beyond Property. Borrower shall be in default if any forfeiture aclinn nr nun 3�IOW the Property to deteriorate, or Lenders waste on the judgment could result in forfeiture of the Pro ^r criminal, is begun that in Lender s good faith Property or other Packet Page -2430- -ated by this Security instrument or Lenders security C 9/23/2014 16.D.5. interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, tender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shell 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- tweHth 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 obtai Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requi ned. rement 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 follaMrig fraction: (a) the total amount of the sums immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance i r. In the event of a partial taking of the Property in which the fair market value of the Property immediately before tfUk' nt of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writi applicable law rovides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not are then due. Unless L d Borrower otherwise agree in writing, any application of proceeds to principal shall not exte or s ne the due date of the mo hly yments referred to in paragraphs 1 or change the amount of such payments. ,J`� 11. Borrower Not Released, Forbearan By n No Waiver. Extensio of time for payment or modification of amortization of the sums secured by this Seca 'ty I g y so in interest of Borrower shall not operate to release the liability of the original Borrower or r s o i i e t. I not be required to commence proceedings against any successor in interest or refuse to xte ti e for a e t se a orf ation of the sums secured by this Security Instrument by reason of any demand made b tpe - i I r r i's s so I terest. Any forbearance by Lender in • exercising any right or remedy shall not be a redu e e of an g t edy. 12. Successors and Assigns Boun It and Several Liability; Sl • covenants and agreements of this Security Instrument shall bind and benefit the suc oesso a` signs of Lender and r s the Provisions of paragraph 17. Borrowers coverer reements shall be join s Any Borrower who co -signs this Security Instrument but does not execute the Note; (a) is nin is Security Instrument t ortgage, grant and txtrivey that Borrowers interest in the Property under the terns of this Sew Ins n pe pay the sums secured by this Security Instrument; ntY n N not rsonall and (c) agrees that Lender and any other Borrower me nee dCm f or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowe 13. Loan Charges. If the loan secured by this Severity 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 limits, then: a an such loan charge shall be reduced b the amount necessary to reduce the charge to the permitted sums () y � y ry rg 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 Gass 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. 16. Governing Law; Severs bility. 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 his sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written ant, 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 Borrowers 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 in law, Packet Page -2431- 0R: 6'/' 23j2014 An X16. D.5. 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. or agreement n this Acceleration; Security Instrument (but not prior) give notice to acceleration Borrower aragraph 177 unless applicable law breach of any covenant 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, oreclosure by judicial proceeding and sale of the Property. The notice shall further inortm 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 apart of this Security Instrument. (Check Applicable Box) D Adjustable Rate Rider ❑ Rate Improvement Rider Graduated Payment Rider ❑ 1-4 Family Rider ❑ Condominium Rider D ❑ Second Home Rider D Balloon Rider ❑ Biweekly Payment Ridec Planned Unit Development Rider ❑ other(s) (specify 4-c 4rms SIGNING BELOW, Borrower accepts and agrees tand covenants i coonntain in th Security Instrument and in any rider(s) executed by Borrower and recorded with ft. Signed, sealed and delivered in the presence 4 Wltnesarltt: C �t . rub. ► 9i �, {u ���r1`th -.P-� t �� Signature• Co- BOrro is Aht%d Address: 1 ,lpfida Club Drive Unit 7103 STATE OF FLORIDA es, Florida 34112 COUNTY OF Ce I li CC 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 Bradford A. Parker 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 or the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this -2QL)%_ day of r; 1 .20 My Commission Expires: Q Notary Public's Si net 0 kil-fAit (seal) Commission # D0319294 Notary's Punted Name . QV. b-a-La p asrvn File #; 08 -020 Packet Page -2432- 9/23/2014 16.D.5. Prepared by: Mandy Moody Collier County Housing, Human & 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 TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Bradford A. Parker to COLLIER COUNTY, recorded on 05/12/2008 in Official Records Book 4359, Page 0238, of the Public Records of Collier County, Florida, securing a principal sum of 522,500* and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. * There is a scrivener's error in the written amount ($22,500) and the numerical amount ($20,500) on the mortgage. $20,000 was granted towards down payment assistance and an additional $2,500 was granted for emergency repairs to the dwelling unit. The homeowners received $20,000 down payment assistance but did not receive $2,500 for emergency repairs. Therefore, $20,000 was accepted for full satisfaction of the mortgage and payment to the Collier County SHIP Trust Fund. 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 - ATTEST: DWIGHT E. BROCK, CLERK By:, 2014, Agenda Item Number. , DEPUTY CLERK Approval for form and legality: Jennifer A. Beipedio Assistant County Attorney 10� Q BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Packet Page -2433- Packet Page -2434- 9/23/2014 16.D.5. Reto: 4096706 OR; 4303 PG; 1417 PORTER NRIGHT ET AL RECORDED in the OFFICIAL RECORDS of COLLIER 9/23/2014 16.D.5. 5801 PELICAN BAY BLVD 1300 3gD7 at D8:31A8 DNIGHT E. BROCK, CLBRI un>s .fr�ou.uu NAPLES FL 34108 2709 �M rgg 1 MORTGAGE RIC FEE 27.00 DOC -.35 131.25 THE NOTE SECURED BY THIS MORTGAGE IS NOT SUWECT TO INTANGIBLES TAX, AS THE OBLIGEE IS E1Typt; (i) A 301(C)(3) AS ENPI'ty: (ii) A FLORIDA. OR POLITICAL SUBDIVISION OF THE STATE OF GOV °)'w ENTfIY THE FEDERAL THIS SECOND MORTGAGE ("Security Instrument ") is given on 2007. The Second Mortgagor is: Ashley Hardy, 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 Thirty Seven Thousand Five Buadred and 00 /100 Dollars ($37,500.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument ( "Second Mortgage "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance or loss of homestead exemption . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described as Lely Golf Estates, St Andrews East, Bilk 21, Lot 8, Collier County, Florida and which has the address of: ( "Property Address "): 387 Valley Stream Circle Naples Florida 34113 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, exceptJopencumbranoes of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, su s of record. THIS SECURITY INSTRUMENT combines u and non - uniform covenants with limited variation by jurisdiction to constitute a uniform security instrume c� real property. UNIFORM COVENANTS. Borrower and ear€ venant and agree as fo 1. Payment of Principal and Interest re d Late Charges. Bo war hall promptly pay when due the principal of and interest on the debt evidenced by the Note. thereon. 2. Taxes. The Mortgagor will pay al ax , assessm r rents r water tea knor to the accrual of any penalties or interest The Mortgagor shall pay or cause to be p d, s t of ly u (A 1) all taxes and governmental charges of any ' kind whatsoever which may at any time be I lily s g i r re o t" Property, (2) all utility and other charges, including "service charges ", incurred or impos -FQ p M7,lupkeep and improvement of the Property, and (3) all assessments or other governmental ch he ay is y be par install ntsr't�rf period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause id only such installmen s arefireq*t- so be paid during the tens of the Mortgage, and shall, promptly after the payment of any of the f i , forward to Mortgag a payment. 3. Application of Payments. Unless. Is law provides otherwi e, V is received by Lender shall be applied; first, to interest due; arid, to principal due; and last, to any s due under the Note. 4. Charges; Liens. Borrower shall pPy all sments, cha nd impositions attributable to the Property which may attain priority over this Security Instrument, and lease ho ay n ny. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all payments. Borrower shall promptly discharge any lien which has prio er his 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. 6. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. if Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to, all -risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to Re acquisition shad pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall;. occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers 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 Droceedine. whether civil or criminal, is begun that in Lenders good faith judgment could result in forfeiture of the Property or other Packet Page -2435- sated by this Security Instrument or Lender's security Q'9/23/2014 )WD.5. interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on 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 tender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements coritelned 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 daand pay for whatever i 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 before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before tthhertakt�ng, 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 su mediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any batan i In the event of a partial taking of the P the fair market value of the Property immediately be fo kr Property in which unless Borrower and Lender otherwise agree in wnti nt of the sums secured immediately for the taking, applicable law rovides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not a s are then due. Unless L err d Borrower otherwise agree in writing, any application of proceeds to principal shall not exte7id or pbs ne a due date of the mo hl the amount of such payments. y yments referred to in paragraphs 1 or change 11. Borrower Not Released, Forbe ran / By n N Waiver. Extensio of time for payment or modification of amortization of the sums secured by this Se i I s release the liability of the original Borrower or o so interest of Borrower shall not operate to s d t t t t h II no b b e required to commence Proceedings against any successor in interest or refuse to e ti fo pa m t t r t se a Instrument by reason of any demand made b i ' tare of the sums secured by this Security j o es s tarlrr' tercet Any forbearance by Lender in exercising any right or remedy shall not be a o predu a exera of an right a edy. 12. Successors and Assigns Boun t and Several Llabllity o -SIRne covenants and agreements of this Security Instrument shall bind and benefit the successo ' m! assigns of Lender and s the Provisions of paragraph 17. Borrowers covenan reements shall t>e join !� r Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is n' is Security Instrument t� ortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Inst not personall ie o pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may ree or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower 13. Loan Charges. If the loan secured by this Security ins rument 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. 16. Governing Law; Severabfllty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument . 17. Transfer of the Property or a Beneficial Interest In Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Inst not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. rument. However, this option shall If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrowers Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any 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 Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer) that collects monthly payments due under the Note and this Security Instrument. There also maybe one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other it Packet Page -2436- law, on- A1A1 nn. I A I A iii 9/23/2014 16.D.5. 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 Lave" 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 attomeys' fees awarded by an appellate court Instrument, the covenants and agreements of ch such rider hall be incorporated executed by 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 ❑ Graduated Payment Rider ❑ 1-4 Family Rider ❑ Balloon Rider ❑ Otheo) (specify ❑ Biweekly Payment Ri iGR cri rrO�'~ SIGNING BELOW, Borrower accepts and agrees to >1re' rms and covenants by Borrower and recorded with it. �� Witness*l: `J and red 0= - -42 ' f. Co- ❑ Condominium Rider ❑ Second Home Rider Planned Unit Development Rider Security Instrument and in any rider(s) executed f� Stream Circle STATE OF FLORIDA a1 ,. �s.eapiae, aioriaa 34113 COUNTY OF \\k r 1 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 Ashley Hardy, 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 had and official seal in the County and State efoi aid is lam'- day of 20g�7 My Commission Expires: (Seal) N �� raolic -�� s signature CWLHARTZ Notary's Printed Name MY COMMISSION f DO 388684 EXPIRES: A;d 9, 2009 i�'• ee�aramu nasn Puft �.nro File #: 07 -088 Packet Page -2437- Prepared by: Mandy Moody Collier County Housing, Fiuman ck Veteran Services 3339 E. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 9/23/2014 16.D.5. THIS SPACE FOR RECORDING 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 Ashley Hartz (formerly known as Ashley Hardy) to COLLIER COUNTY, recorded on 11/19/2007 in Official Records Book 4303, Page 3412, of the Public Records of Collier County, Florida, securing a principal sum of $37,500 and certain promises and obligations set forth hi 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 A , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney By: TOM HENNING, CHAIRMAN Packet Page -2438- Packet Page -2439- 9/23/2014 16.D.5. An Ln r) ryl xn m :zomMM AD tD,AD man in u) ,Ln Ln,Ln :0 0 �o C) 'C� E, V, C14 AN N I a ww �ADAD %D bo ;m a% m ch -a) Cn AD, kD �w w AD o) a, 'm C) r- An LnAn Lr) -co an LO An Ln -,m M its 0 1.0 Z 2, 44 , 4 11.1 C', �o U w 44 10 U 00 Ef) U, U I Qf I CD C, ;o 0 01010 C) M3'I In MD LO '0 Ln r: F4 Mp` "I Irl MD 0 0 in 44, r4 u: W .4v rjlv-ul 0 Cou'u) 0 'o C) CN 7 CN io-, m 0 to kD m fn tn' A '14 an Ln -M. in M irn '*,I- rn an, Ln Ln 71, 0)�o 0 0 om r- 'n 4 - O'a' 0 -v iW-, Ln =� Ln An, Packet Page -2439- 9/23/2014 16.D.5. Aei:a: CONROY COLINAN AT AL PILL DP 3381137 OR. 3543 PG: ' AAA RRCORDID in the OTFICIAL RACORDB Of COLLIIA __ 9/23/2014 16.D.5. ELI 1500.00 01/16/2001 at 09:I3AN DWIGIT 1. Bin, CLIQ RC M 15.00 DOC -.35 8.75 SECOND MORTGAGE RECORD 6 RETURN T0: CONROY, COLEMAN, g HAllARD, PA 2640 GOLDEN GATE PARKWAY, SUITE 115 THIS SECOND MORTGAGE ('Security Instrument') is given on April ,2004. The Second NAPLES r is :.� '4'05 is: Jennifer Weir, A Single Person ('Borrower). This Security Instrument is given to Collier County ('Lender'), which is organized and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe Drive, Naples, Florida 33013 . Borrower owes Lender the sum of Two Thousand Five 1tundred and No /100ths Dollars (U.S.11 2,500.00 ). TMs 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, N not paid earlier, due and payable on sale of property, refihnaace, or loss of homestead exemption . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. / O.R. Book 3514, Pgs. 1481 -1630 incl. As more particularly described as Unit 1013, Building 10, Key Royal, A Condominium, Collier County, Florida and which has the address of: ('Property Address "): 8273 Key Royal Circle, 01013, Naples Florida 33119 rs�i ca» Was, (zip) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. o ng is referred to in this Security Instrument as the •Property'. BORROWER COVENANTS that Borrower is la of ereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencum record. Borrower warrants and will defend generally the title to the Property against all claims and dema s to any eroumbre ord. THIS SECURITY INSTRUMENT combi s covenants for national u�a n- uniform covenants with limited variation by jurisdiction to constitute a uniform security intro nt property. \ UNIFORM COVENANTS. Borrower �d a nan follows. 1. Payment of Principal and Int nt Che . Bo er sflpll promptly pay when due the principal of and interest on the debt evidenced by the Note. ty 2. Taxes. The Mortgagor will pay I tax s ' r is ra s prior to the accrual of any, penalties or interest thereon. The Mortgagor shall pay or cause to ly u 1) all taxes and governmental charges of any kind whatsoever which may at any time be Is eFlftt ssessed or lowed again9Lor wlth1espt ct a Property, (2) all utility and other charges, including "service charges', incurred or impos fQh �he operation, maintenan ruse, occ upkeep and improvement of the Property, and (3) all assessments or other governmental cha t may lawfully be paid iffitalljne pyor a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to only such installments s to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the fore n and to Mortgagee avid uch a P yment. 3. Application of Payments. Unless app ides othe a ants received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late c rge 4. Charges; Liens. Borrower shall pay all taxes, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments and rents, If any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured i against loss by fire, hazards included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. N Borrower falls to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to , all -risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. if the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. N under paragraph 21 the Property is acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Lawshrolds. Borrower shah occupy, establish, and use the Property as Borrowers principal residence within sixty days after the execution of this Security instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Packet Page -2440- 0 9/23/2014 16.D.5. 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 it 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 Borrower's Interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be In default If Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with ail 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 Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' tees 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. & Mortgage Insurance. If Lender required mortgage insurance as a condition of maids g the loan secured by this Ssufrity Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. It, 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 once- 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 o rty, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of t Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums u ment shad be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amou� secured im fore the taking, divided by (b) the fair market value of the Property immediately before the taking. Any a shall be paid to Borrows . event of a partial taking of the Property in which the fair market value of the Property immediately befo & taking is less than the amo of sums secured immediately for the taking, unless Borrower and Lender otherwise agree in iirriti 'o less aliplicable.l@vr`etherwi roes, the proceeds shall be applied to the sums secured by this Security Instrument whether or Ewt tt su e. Un'(e' Lender Borrower otherwise agree in writing, any application of proceeds to principal shall not a end r payments referred to in paragraphs 1 or change the amount of such payments. } 11. Borrower Not Released, y t.en a i time for payment or modification of amortization of the sums secured by flee Sac ra r to a sear (Jin interest of Borrower shall root operate to release the liability of the original Borrower or a ucce in Le h�fl be required to commence proceedings against any successor in interest or refuse to ime for payment or othe ' e mgdity�mol�tization of the sums secured by this Security Instrument by reason of any demand made by t nal Borrower or Borro ucce r interest. Any forbearance by Lender in exercising any right or remedy shall not be a wai preclude the exercise br medy. 12 •Suc cessom and Assigns Bound; It Several Liability; CoS he covenants and agreements of this Security Instrument shall bind and benefit the successors a Lender and Bo act to the Provisions of paragraph 17. Borrowers covenants, and efjiepp venal. Any Borrower who co -signs this Security Instrument but does not execute the Note; (a) is co-signing 3 t Ir YOnly to mortgage, grant and convey that Borrowers interest in the Property under the temps of this Security Instrument; (b) is n obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum ban 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 pemetted 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 jtaisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one contermed copy of the Noie 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 Lenders prior written consent, Lancer 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. 16. 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 Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Inarunlertt and the obilgations secured hereby shall remain fully effective as if no acceleration had occurred. However, this fight to reinstate shall not apply in the case al acceleration under paragraph 17. 19. Safe 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 cfanoe in the entity (known as the 'Loan Servicer) that collects monthly payments due under the Note and this 'nay be one or more changes of the Loan Servicer Packet Page -2441- tit ( 9/23/2014 16.D.5. unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to malritenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by arty govartmop el 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 re moval a other which Borrower 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 defauff; (c) a date, not less than 30 rays 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 resuR 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, 'aftomeys' fees` shall include any attorneys' fees awarded by an appellate court. 24. Riders to this Security instrumerrt. 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 riders) were a part of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider ❑ Rate Improvemt3mtl R C ominium Rider ❑ Graduated Payment Rider ❑ 1.4 Family ytt f�� iii l'' ome Rider ❑ Balloon Rider ❑ Weekly Rider ❑ Pla t Development Rider ❑ Other(s) (specify SIGNING Borrower BELOW, r Borrower accepts and agrt�s t s i s Security Instrument and in any riders) executed Signed, sealed a ell rice �. Witness #1: Signature: Donna Marie Rudolo Borrower kT Weir V - {' 211 Signature: Jo y K. Vanderbilt Z° Address: 8274 Rey Royal Circle, 91013 Naples, llorida 34119 STATE OF FLORIDA COUNTY OF_&Q4ZZ&G 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 Jennifer Weir 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 day of A92%,— 20A My Commission Expires: Notary Public's Signature (Seal) I Whitacre s@ A1 COMM" Sa:U• "022l E8 s •..... N.g s: 10, 2007 �Di4D114W 14w,F""tek"MW- File #: 04 -104 _.ate. Diane Whitarro Notary's Pnnted Name Packet Page -2442- Prepared by: Mandy Moody Collier County Mousing, Human & Veteran Services 3339 E. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 9/23/2014 16.D.5. THIS SPACE FOR RECORDING 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 Jennifer Weir to COLLIER COUNTY, recorded on 04/16/2004 in Official Records Book 3543, Page 2980, of the Public Records of Collier County, Florida, securing a principal sum of $2,500 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 2014, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: DEPUTY CLERK TOM HENNING, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio l` Assistant County Attorney Packet Page -2443- as C7 G� M � H M 0.i 11 - lz 2i'- M M M In Ln FF ,o :tA rn U] ill; 'D <KT, M . -M as WsWL W w =w w ° °0'0 aaa o�O,o a gin, a H H W :x M An to O 9N N O ;"M CD O M -M Ln C9 N ,ltl'1 O W W Z 0 H 1-f U Z Lo x :x -o U x A ' ww F o° w 04 v> c, 0-'o O wa rn o a w H 14 .M M M a , M a. FH m l73 ! a% m xn r o .o o w ; ui Packet Page -2444- 9/23/2014 16.D.5.