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Agenda 01/08/2013 Item #16D2 1/8/2013 Item 16.D.2. EXECUTIVE SUMMARY Recomznend-rimn o r�e�n tisfact�ons of n gage n e n t f , fl1, of owner` -* r Its 4,01a t04e a ns hPIK-1113or4 is VCITA. OBJECTIVE: To approve seven(7)satisfactions of mortgage. CONSIDERATIONS: Recipients of affordable housing assistance are required to repay the County upon sale, refinance or loss of homestead exemption. However, certain federal grant programs provide for forgiveness of the loan after a five(5)year affordability period. Specifically, these applicants received assistance for residential rehab assistance for homeowners that required necessary repairs to their primary residence. Each loan was provided using federal HOME Investment Partnership Program(HOME),or Community Block Building Grant(CDBG)grants. The applicants listed below have fulfilled the restrictive covenants relating to the affordability period, as well as the restriction on sale, refinance and loss of homestead exemption. The applicant's compliance with the grant terms has been monitored and they are entitled to forgiveness of the assistance provided. Name(s) Grant Type of Program Assistance Forgiveness Provided Date Louise Carthon CDBG Residential Rehab $ 8,850.00 02/01/2011 Barbara L Bekich HOME Residential Rehab $10,480.00 01/20/2011 Virginia Warren HOME Residential Rehab $13,750.00 04/30/2011 Lillie D Tubbs HOME Residential Rehab $14,875.76 08/22/2012 Moncerrate Sanabria HOME Residential Rehab $4,500.00 09/11/2012 Lucille Boylan HOME Residential Rehab $ 9,308.25 06/11/2012 Monstella Tims HOME Residential Rehab $12,850.00 08/16/2011 Approval of this item will authorize the Chairman to sign the satisfactions of mortgage for an owner occupied affordable housing dwelling unit that has satisfied the terms of assistance provide. Following approval and execution,the documents shall be recorded in the public records of Collier County,Florida. FISCAL IMPACT: There is no fiscal impact since there is no recapture of funds; these grant funds are forgivable upon satisfaction of the affordability period. The Recording fees $70.00 will be paid out of the current CDBG/HOME administration funds(705-138705-33236 &33237). GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action.—JBW STAFF RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign seven (7) satisfactions of mortgage for an owner occupied dwelling units that have satisfied the terms of assistance provided. PREPARED BY: Wendy Klopf, Operations Coordinator,Housing,Human and Veteran Services Packet Page -1433- 1/8/2013 Item 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. Item Summary: Recommendation to approve seven (7) satisfactions of mortgage in the amount of$74,614.01 of owner occupied dwelling units that have satisfied the terms of their affordability period. Meeting Date: 1/8/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 12/3/2012 4:35:52 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 12/3/2012 4:35:53 PM Approved By Name: MesaNancy Title:Accountant,Housing,Human&Veteran Services Date: 12/4/2012 9:21:37 AM Name: CastorenaMargo Title:Manager-Federal/State Grants,HHVS Date: 12/5/2012 10:57:39 AM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 12/6/2012 3:17:40 PM Name: AckermanMaria Title: Senior Accountant, Grants Date: 12/6/2012 4:13:21 PM Packet Page-1434- 1/8/2013 Item 16.D.2. Name: WhiteJennifer Title:Assistant County Attorney,County Attorney Date: 12/13/2012 8:59:38 AM Name: GrantKimberley Title: Interim Director,HHVS Date: 12/17/2012 2:17:56 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 12/17/2012 4:35:04 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 12/19/2012 9:48:27 AM Name: KlatzkowJeff Title: County Attorney Date: 12/20/2012 9:10:17 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 12/21/2012 1:14:16 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 12/26/2012 9:48:01 AM Name: KlatzkowJeff Title: County Attorney Date: 12/26/2012 11:00:44 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 12/26/2012 4:17:48 PM Packet Page-1435- 1/8/2013 Item 16.D.2. Prepared by: 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 Louise Carthon to COLLIER COUNTY, bearing the date of February 1,2006, recorded on 03/09/2006 in Official Records Book 3996, Page 121, of the Public Records of Collier County, Florida, securing a principal sum of$8,850.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: Lot 20,Block 6,Mainline Subdivision,Folio#56405800008 428 Jones St Immokalee FL 34142 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. Dated this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk Georgia A.Hiller,Esq Chairwoman Approved as to form and legal sufficiency: Jenm er B. White Assistant County Attorney Packet Page -1436- 'eta: 3798836 011: 3996 PG: 0121 1/8/2013 Item 16.D.2. FINANCIAL ADMIN 6 HOUSING RICOIIDID in the OFFICIAL RUCOIDS of COLLAR COWRY, PL OILD 0050.00 IJ?IROPPICI 03/09/1006 at 03:07PN DNION?I. BROCI, CU RI OILI 1150.10 ATTI: WINDS SLOP' 659 5701 RIC F30 35.50 Project Number CD 04-05-08-02 DOC-.35 31.15 MORTGAGE THIS MORTGAGE("Security Instrument")is given on /!/G(e . The Mortgagor is: Louise Carthon,a sing),woman ("Borrower),This Security insturnent is given to Collier County (-Lender%which is organized and existing under the laws of the United States of America,and whose address is 7800 North Horseshoe Drive.Suite 400.Neo les.Florida 34104. Borrow owes Lender the sum of EMU Thousand Eight Hundred Fifty Dollars 1611.1150.001,This debt is evidenced by Borrowers Note dated the same date as this Security Instrument(-Mortgage-),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of 1 property,refinance.or loss of homestead exemption.This Mortgage will be forgiven at the five(5)year anniversary date of mortgage. This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of at other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and-the Mortgage. For this purpose,Borrower does hereby convey to Lender the following described property located in Collier County,Florida. More particularly desaibed as: Lot 20,Block 6,Mainline Subdfvtslon FolloS 56405500005 and which has the address of ('Property Address')_ 428 Jones St (Street) knmokales, Fl 34142 (City) (State) (Zip) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral.oil and gas rights and profits,water fights and stock and all fixtures nowor hereaftera pan of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to In this Security Instrument as the"Property. BORROWER COVENANTS that Borrower is lawfully seized of the property desaibed above,and has the right to mortgage,the Property and that the Property is unencumbered,except of record.Bonower warrants and will defend generally the title to the Property against all daims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines v:for national use and non-unitormcovenants with limited variation by jurisdiction to constitute a uniform: •4k y•r ,C -. property. UNIFORM COVENANTS. :• • ,�. �.:�-,as follows: 1. TERMS:The Borrowers)of thj„,:•1:4/1"-•have been• '"iI Repayment Loan,'the terms of which are intended to ensure that any Home I : _ .hip Act(HOME)f .to fadhtate the rehabilitation of this Property are recaptured and utilized to assist: •. ••me owner with rein- -. • unless the affordability requirements are met. 411.0111 1111 The tome of this M• •• -.6711 - as the makers comply with the following conditions and• • 111, j Borrower shall occupy .,, •,T, the Property is not allowed even on a• temporary basis. Failure to abide h -principal can ..r►in foreclosure. The Borrower shall be required to submit proof of principal• . to Collier on- . ,�.- mning on the annlversaryof the fast-year occupancy and annually until the end! ve•year amortization•: • !I include:proof of homestead exemption, copies of paid receipts for taxes and :,and copies of ins : -- • for owner-occupied Property tinting Collier County as Mortgage Holder. If the:• • ssssttrr�� to provide sufficient• .: in a timely manner,the Lender may independent title.• •: 'rT ._ ; -. • ,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower(s)cease wino• ... ;. -.n.'•. _,sell or in any manner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval shag review the proposed refinancing in order to ensure that there will be sufficient equity shortie proposed refinancing to recapture the HOME monies.The Lender consents to any agreement or arrangement in which the First Lenderv.eives,postpones.extends,reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property.which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security kntrun entmay be appropriately reduced Incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary dab of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal Mere the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. If there is no net proceeds from the foreclosure.repayment Is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay alt taxes,assessments.sewer rents or water rates prior to the aoaual d any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with rasped tithe Property,(2)all utility and other charges,including"service charges",incurred or imposed for the operation,maintenance,use,ooaipancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in irstaemerts over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lander shall be applied;first,to principal due:and last,to any late charges due under the Mortgage. Packet Page -1437- 1/8/2013 Item 16.D.2, OR: 3996 PG: 0122 4. Charges;Liens. Borrower shall pay all taxes,assessments,Charges,fines and impositions attributable to the Property,which may attain priority over this Security instrument,and leasehold payments or ground rents,if any.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidening the payments. Borrower shall promptly discharge any hen 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 marvrer acceptable to Lender;(b)contests in good faith the lien by.or defends against enforcement of the lien in,legal proceedings which in the Lenders opinion operate to prevent the erdtxoeme it of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating to 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. Borrow shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. 5.Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards induded 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 canter providing the Insurance shall be chosen by Borrow subject to Larders approval which shall not be unreasonably withheld.If Borrower faits to maintain coverage described above,Lender may,attendees option,obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain Insurance with respect to the Premises against such risks and for such amounts s 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 induce ihdu a standard mortgage clause.Lender I 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 carter and Lender.Lender may make proof of loss If not made promptly by Borrower. Unless Lender end 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.tl the restoration or repair is not economically feasible or Landers security would be lessened,the insurance proceeds shall be applledbthe 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 repairorrestmre the Property orto pay starts 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. - , of the payments. If under paragraph 21 the Property is acquired by Lender.Borrower's right to any i r i resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent•. ,. .,?'`"' 4 �,Inhstrumentirtdredistely Prior to the acquisition. 6.Occupancy, Presentation, ,y• . .- and • • ,'T - Property; Borrower's Loan Application, Leaseholds.Borrower shall occupy,-- . •use the Property as B•• -pal residence within sixty days aflerthe execution of this Security Instrument• ���-to occupy the P••- -i's prncpal residence for at least the affordablity period after the date of•• •"". :- - -agrees • which consent shall not be unreasonably withheld,or unless extenuating drcu •-. -. . '� .. • ? s .Borrower shall not destroy damage or drhpair the Property,allow the- ••: .ysR r • • = shall be in defaurdif any iti action or proceeding,whether civil• � could remain forfeitureof the Property or otherwise materially impair the t- - interest Borrow may cure such e default and reinstate,as ! c � ! to be dismissed with a ruling in Lenders good faith determination,•`• .eiture• • --•, •J . " . or other material irpairment ofthe lien created by this Security Instru 1:�A� dens security interest. ��, be in default if Borrower,during the loan application process,gave materially . ' accurate information•=';f�:j-y�y�i� W •_ (or foiled to provide Lender with any material information)in connection n evidenced by the •.7 / tiding,but not limited to,representations concerning Borrower's occupancy of the as a principal residence •• ' Instrument is on leasehold,Borrower shall compywith all the provision of the I I. :r acquires f:: 'ropeny,the leasehold and the fee title shall not merge unless Lender agrees to the merger .. .A it Protection of Lender's Rights in-'7"1 - fails to perform the covenants and agreements contained in this Security Instrument,or there is a legs • •---. •• . at may significantly affect Lender's rights In the Property (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws orregulations).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,wthidl 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 Borrow secured by this Security Instrument . 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If,for any reason,the ' mortgage insurance coverage required by Lender lapses or ceases to be in effect.Borrow shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previou lyineffect,atacost substantialyequivdalto thecost 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.Borrow shall pay the premiums s 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 ad Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrow 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 tnstirment 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 taring is equal to or greater than the amount of the sums seated by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total emount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrow.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums seared immediately for the taking,unless Borrower and Lander otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing.any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. Packet Page-1438- 1/8/2013 Item 16.D.2. OR: 3996 PG: 0123 11.Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or mortification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend traitor payment orotherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest.Any forbearance by Lender in exerdsing any right or remedy shall not be a waiver of or preclude the exercise of any right I or remedy. 12. Successors and Assigns Bored;Joint and Several LJability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument and(c)agrees that Lender and any other Borrower may agree b 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 lewwtich sets maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected in comedian with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amour 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 well be treated as a partial prepayment without any prepayment charge trdartheNote. 14.Notices.My notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mating 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 shell be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument, In the event that any provision or clause of this Security Instrument or the Note conflicts with . applicable law.such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest In Borrower.If all or any part of the Property or any interest in it is sold or transferred(or if a benefidal interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent.Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. however,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall •• :. • - ..;••of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is der ,., ' : Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these s � ' .* .. •' -,T, ..,Lender may invokceayremediespenmlttedby this Security Instrument without further • r1 �.on Borrower. 1t. Borrowers Right to R *..i. If Borrower meets •- - Borrower shall have the right to have enforcement of this Security I -. .y• -• any time prior to , - • of:(a)5 days(or such other period as applicable law may specify for roll • - --• •4ta.: . • •y m power d sob contained in this Security Instrument or(b)entry of a judgm _ Those • are that Borrower:(a)pays Lender all sums which tan would be due -•-oration had occurred;(b)cures and default of any other covenants« ri. (c ��, ' �� . ,this Security Instrument,including,but not limited to.reasonable attorneys -• 1*(d) rI �,�t ' require o assure tatthe ienofenis Security Instrument,Lender's rights 747,..-a,•' �y�u• ,U secured by this Security instrument shall continue unchanged. - •• rxxthanged. upon - +,s -. .. the obligations secured hereby shall remain fully effective as if no acoel- -, - ••occurred.However., y R y;-• .1 not apply in the case of acceleration under paragraph 17. �j flIl 19. Sale of Note;Change• Servleer. The Note o in the Note(together with this Security Instrument)may be sold one or more ti .- . prior notice to Borrower t = result in a change in the entity(known as the"Loan Servicer')that collects monthly ~T' under the ' Instrument There also maybe one or more changes of the Loan Service'unrel= . ,. :.. v a change of the Loan Servicer,Borrower will be given ••* " , j 9 change ,. cable law.The notice will state the name arid address of the new Loan Servicer and the address to which•: - •r•be made.The notice will also contain any otter 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 we 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 end arty Hazardous Substance or Environmental Law of width Borrower has actual knowledge. If Borrower learns.or is notified by any governmental or regulatory authority.that any removal or other remediation of any Hazadous 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 fomhaidehyde,and radioactive materials.As used in this paragraph 20,'Environmental Levi'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default(b)the action required to are 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 cue the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. It 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 t by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and costs of the tide evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge.to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,"attorneys'fees'shall include any attorneys'fees awarded by an appellate court. Packet Page-1439- - - 1/8/2013 Item 16.D.2. *** OR: 3996 PG: 0124 *** 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)we a part of this Security Instrument. (Check Applicable Box) I-I-I Adjustable Rate Rider u Rate Improvement Rider LU—i Condonintum Rider L� Graduated Payment Rider L-1 1-4 Family Rider u Second Home Rider u Balloon Rider L—i Biweeldy Payment Rider 1-i Planned Unit Development Rider 1-1 i--i Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrow and recorded with it. Signed,sealed and delivered in the presence of: Witness Signature: Ld i-le Signalure•X Witness Print Name: WC f L kV Signature:J Borrower Witness Signature: u I ck Witness Print Name; , = ey�z�>t,�J Address: STATE OF Florida • COUNTY OF Collier titiV,R Cptik I hereby certify that on this day, an officer dyjy= ' • -• • ; state aforesaid and inthe county aforesaid to take aclumiedgements,personally-. `--- 1I (J i - ••• to be the person(s)described in and who executed the foregoing instil !' ∎ . E/T•EY executed the same for the purpose therein expressed. opyj WITNESS my hand and official County and State at'. =•.,,. ". 0� • tra My Commission Expires: C— NolmyPu,�ZT (SEAL) Notays Printed 77W- . WBOYAIQOPF Return to:Collier County FAH �"� MY gOhaf19510H a DD 309116 Single Family Rehabilitation Loan Program �J' ' EXPIRES Aqs 12.2008 a_ • 2800 N.Horseshoe Drive.Suite 400 ' l aaordnwraYn risrelXrrrr in Naples,FL 34104 Proles# CD ca+-t��-c�t3• a Ci-WOME12003-2004 PROJECTSISINOLE-FAMILY REHAB\MORTGATE TEMPLATE-HM 03-04.5 YEARS-FINAL VERSION.doc Packet Page-1440- 1/8/2013 Item 16.D.2. Parcel No 56405800008 AdrSiteI428 JONES ST Name/ 1CARTHON, LOUISE Address [--- - ;428 JONES ST , — '7- - 1 CiOMMOKALEE L____1 1 StatelFL I Zip134142-4122 _ 1 Change of Address Form Map No _41, Strap No i SectioniTownshiiiFRange 1 Acres *Acreage 2E03 : 474400 6 202E03 1 3 ! 47 29 0.14 Legal i MAINLINE BLK 6 LOT 20 Millage Area a ;5 j Millage Rates• 1 Sub/Condo1474400 - MAINLINE ! School I Other 1 Total I -I I- ----# Use Code 011 - SINGLE FAMILY RESIDENTIAL 1 1 5.527 i 9.0782 i 14.6052 i *See Instructions for Calculations 0%,,,, Latest Sales History 2012 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 if this parcel was created after the Final Tax Roll IL, Date_ I Book-Page Amount 1 I Land Value ; $ 3,400 — . Improved Value $ 20,266; (=) Market Value $ 23,666 (-) SOH & other Exempt. $ 0! (=) Assessed Value (-) Homestead & other Exempt. $ 23,666; (=) Taxable Value $ 0 . i (=) School Taxable Value $ 0 SOH = "Save Our Homes"exempt value due to cap on assessment increases. AOPOO, Packet Page-1441- http://www.collierappraiser.com/MainSe.%/111.11.NAAAJI......tml?FolioID=56405800008 11/26/2012 1/8/2013 Item 16.D.2. Prepared by: 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 Barbara L. Bekich to COLLIER COUNTY, bearing the date of January 20, 2006, recorded on 01/19/2007 in Official Records Book 4171, Page 3145, of the Public Records of Collier County, Florida, securing a principal sum of$10,480.00 and certain promises and obligations set forth in said Mortgage,upon the property situated in said State and County described as follows,to wit: Legal Description: Lot 30,Block 185,Golden Gate No 6,according to the [;at in Plat Book 5,page 124 to 134,inclusive,Public Records of Collier County,Florida. Folio#36301200007 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. Dated this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk Georgia A.Hiller,Esq Chairwoman Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Packet Page-1442- 1/8/2013 Item 16.D.2. Project Number HM 04-05-0020 MORTGAGE THIS MORTGAGE("Security Instrument")Is given on )'ti) «o .The Mortgagor is: Barbara Bekich,a single woman (-Borrower).This Seartylnsctrmert is given to Collier County ("Lender),which Is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive,Suite 400.Naol(s.Florida 34104, Borrow owes Lender the sum of: Ten Thousand Four Hundred Ekthty Dams no/100(S10.460.00).This debt is evidenced by Borrowers Note dated thew* date as this Security Instrument r Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfers title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the ays(5)year 0 0° anniversary data of mortgage. This Security Instrument secures to Lender:(a)the mortgage,and all renewals,extensions and modifications;(b)the ( ) repayment a the debt evidenced 7 to by the 0 0,.:.: ( ) payment d all other sure,under paragraph 7 to protect the r ^ security of the Security instrument and(c)the performance of Borrowers covenants and agreements under this Security ▪2 Instrument and the Mortgage.For this purpose,Borrow does hereby convey to Lender the tattooing described property located in Collier County,Florida. More particularly described as: J J V c. S 9 Lot 30,Sleek 185,Golden Gate,Unit No.6,according to the plat M Plat Book 5,pages 124 to 134,indushe,Public it Records of Collier County,Florida. a n FOLIO ff 36301200007 nig and which has the address of • wa ("Property Address"). 2116 52"r Terrace SW er. o ri " o Naples FL 34116 om C' TOGETHER WITH all the improvements now or hereafter per on the property,and all easements, rights. d• " o appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and sloth and all fixtures nowor hereafter a part of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this pG o Security Instrument as the'Property'. O d BORROWER COVENANTS that=• ■,:*, property described above.and has the to ors •-•w mortgage,the Property and that tie fw .�": .• -. wSrgy .:' Prond ,:, ;��.Borrower werratts and will defend generaythe title to the all claims and •. THIS SECURITY WNSTRUME; r. uniform covenants fore,uuseend and non-uniform covenants with limited w variation by jurisdiction to constitute a . , ewer*covering . •• . CM � UNIFORM COVENANTS. :•d agree • c+7 .°,2 1. TERMS: The Borrower(s)• Mortgage u• a Def. Loan:the terms of which are intended to ensure that any Home ` to *ate the Han requirements h are recaptured and utilized to assr � ► Ir The terms of this M• • requ re : . l#ong as the makers comply with the following conditions and• • , • Borrower shall occupy the• their principal res•- •: •of the Property is not allowed even on a ><$ temporary basis. Failure to abide by• occupancy requirem-.- uh in foreclosure. The Borrower shall be required erode(pnnci r' ` �. btauturrtt �. •�. ':. �- versary dthe6rst-yeer pa•• ,- o County on:• : beginning on the anti occupancy and annually until the end of the .. u� proof shall include:proof of homestead exemption. se o► copies certificates es of paid receipts for taxes and insurance, ... for owneroccupied Property listing Collier ....e County as Mortgage Holder. If the Borrow fails to provr.° i xaert proof of occupancy in a timely manner,the Lender may fin Q contract with an independent title company to perform the necessary title re.oeniscaeon,the cost of which will be added to the a principal amount of this Mortgage. Z ti a In the event the Bortower(s)cease principal occupancy,transfer,sell or in any mariner dispose of all or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization,then the principal amount of this Mortgage shall become immediately due and payable. The Borrower shell not refinance the indebtedness secured byihis Mortgage.The Lender prior bgrantng approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refxhancing b retxpbre the HOME monies.The Lender consents to any agreement or arrangement In which the First Lederweives,postpones,extends,reduce'or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrow shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any mariner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced Incrementally for each year of the affordability period,according to an amortisation acheddle based on the anniversary date of the date the mortgage was recorded.The Lender shad have the authority to disapprove any disposal where the proceeds of such would be mss than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. U there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the affordability period has been attained,art of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates pity to the aotxuai d any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX 1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or Mb respect to the Property,(2)d l utility and other charges,including'service charges",incurred or imposed for the operation,maintenance.use,occupancy.upkeep over the Mortgagor and nd(3)all be obligated or other governmental charges that may lawfully be paid In installments under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. Packet Page -1443- 1/8/2013 Item 16.D.2. 3. Application of Payments. Unless applicable law provides otherwise,at payments received by Lender shall be applied;fast to principal due;and last.to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions to the Properly,which may attain priority over this Security Instrument and leasehold payments or ground rents.it any.Borrower shat 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 seared by the lien in a manner acceptable to Lender.(b)contests M good faith the fen by.or defends against enforcement of the lien in.legal proceedings which in the Lender's opinion operate to preventlheardoroernentof the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice, 5.Hazard or Property I surandi. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire.hazards included within the term'exterded coverage and any other hazards,Inducing 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 bechosen by Borrower subject to Lenders approval,which shall not be unreasonably withheld.If Borrower fails to maintain coveragedesaibedabove.Lender may.at lendersoption.obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto.indudirg,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 toner 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 indude a standard mortgage clause.Lender shall have the right to hold the poides and renewals.If Lender requires,Borrower shall pronptlygiveto Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shell give prompt notice to the insurance carrierand Lander.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 aid Lender's security is not lessened.if the restoration or repair is not economically feasible or Lenders security maid be lessened,the insurance proceeds shalt be applied to theta/re 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 regal'or restore the Propertyorto pay sums secured by this Security Instrument,whether or not then due.The .1-•- •will begin when the notice is mailed.Unless Lender and Borrower otherwise agree in writing,any appf-_,• y, ► shall not extend or postpone the due date of the monthly payments referred to in paragraph - : 'r- - .. If under paragraph 21 the Property is acquired by Lender,Borrowers right to- Ajii,4„° :and ."4..4 . king from damage to the Property prior to the C:1 acquisition shall pass to Lender to the •. Lj,•:sums secured by this S •Mutant immediately prior to the acquisition. &Occupancy, . . ...•,.� • nano and Protection •• •• ' ••petty; Borrowers Loan Application, raw Leaseholds.Borrower shall occupy, i •••J • •• Bo •• - .pal residencewiiunsixydaysafterthe execution of this Security 1.. , '�'� I , .principal residence for at least the affordability period after the date of• Re . :..,. • consent shall not be unreasonably ►-' withheld,or unless extenuating- - ifPg'o4.,�.+,�1;`. +,,Y, • Borrower shall not destroy.damage or .b impair the Propery. �- • (• "'7�! . Borrower shall be In default if any CI• forfeiture action or Z'�"��ri. •• r• h •• • judgment could result in forfeiture of the Property or otherwise +{�yi� - t,L�LL. s sea' interest.Borrower are such a default and reinstate,materially ,' :•in paragraph 18,by--1 �•*-� •---• •to be dismissed with a ruling that, In Lenders good faith •:,- precludes forfeiture • ..' aetM, in the Property or other material impairment of the lien created by•• "1• Instrument or - • t7A++!' Borrower shall also be in default it CT Borrower,during the loan application• • ,� materiallyfalse or :- -: on or statements to Lader(orfalledto provide Lender with any material i • , .• • with the •2 by the Mortgage,including,but not Wiled to, representations concerning Borrower's•- , residence. If this Security Instrument is on leasehold.Borrower shall comply with all the••• ,, "r:.•.. - acquires fee title to the Property,tie leasehold and the fee title shall not merge unless Lender agrees to; 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 orto enforce'armor 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 bye lien,which has priority over this Security Instrument appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. . B. Mortgage insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument Borrower shall pay the premiums required to maintain the mortgage insurance in effect If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be In effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage isurahoe 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 er shal 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 Properly. Lender shall give Borrower notice at the time of or prior to an Inspection specifying reasonable cause for the inspection. 10.Condemn/Mon.The proceeds of any award or claim for damages,direct or consequential.in connection with any condemnation or other taking of any pat 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 arty 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 suns secured bytes Security Instrument immediately before the taking.unless Borrower and Lender otherwise agree in writing,the suns secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)thetotal amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property irm ediatety before the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immedrateiyforthe taking,unless Bonower and Lander otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in wring,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. Packet Page-1444- • • 1/8/2013 Item 16.D.2. 11.Borrower Not Released,Forbearance By Lender Not a Waiver.Extension of the time for payment or mortification of amortization of the sums secured by this Security Instrument granted by Lender to any successor In interest of Borrow shall rdsks not operate to release the liability of the original Borrower or Borrowers succvesors in Interest Lender shall not be required to commence proceedings against any successor in interest or refuse b extend time for payment or°bemire modiyemor amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest.Any forbearance by Lender In exercising any right or remedy shall not be a waiver of or pnedude the exerdse of any right I or remedy. It Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns or Lender and Borrower,subject to the Provisions of Paragraph 17. Borrowers covenants and agreements shell be joint and several. My Borrower who co-signs this Security instrument but does not execute the Note;(a)ie co-signing this Security Instrument only to mortgage.grant and convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)Is not personally obligated to pay the sums secured by this Security Instrument;and(C)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13.Loan Charges.If the ban seated by this Security Instrument is subject to a lawwtich sets nmxdmum ban drerges, and that law is finally interpreted so that lie 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 anoumt necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrow which exceeded permitted limits will be refunded to Borrow. Lender may choose to make this refund by reducing the principal owed under the Note or by making a dsect payme tb Borrower. If a refund reduces principal,the reducson will be treated as a partial prepayment without any prepayment charge under the Note. ' 14.Notices.Any notice to Borrow provided for in this Security Instrument shall be given bydelve rag It or by mailing it by first Bass mail unless applicable law required used another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Undershot be given t Sommer or Lender when given as provided in this paragraph. 15. Governing Law;Severability. Federal law and the law of the jurisdiction in which the property Is located shall govern this Security Instrument In the event that any provision or cause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrow 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 arty part of the Property or any interest in it is sold or transf erred(or If a beneficial interest in Borrow 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 Instnsneht. However,Lender shall not exercise this option If federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give • notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice Is del _, • • Borrower must pay all sums secured byt is Security Instrument.If Borrower fails to pay these su . .•• * .'!".77.7!•"' Lender may invoke any remedas permitted by this Security Instrument without further •' :. • 16. Borrower's Right to Re 'fir Borrower meets •_ . • Borrower shall have the right to have enforcement of this Security . , �I*`..nued at any time prior to of:(a)5 days(or such other period as applicable law may spedfy for reins, .I�elt�s� ,.,u,- • , power of sale contained in this Security .es Instrument;or(b)entry of a' . . . Those are that Borrower.(a)pays Lender all s■■ SUMS whkh then would be due r, #, .• oration had occurred;(b)dues and +a• default o any other covenants or chill'.4 r) tarn~�• • ,this Security Instrument including,but li a. not limited to,reasonatleatbmeys d)• ^i''17fe( ,: ,,?..,1 . requiretcassueth*the lee dttis ••v shall continue unchanged. Upon `' ,'w•l pay obligations ons secured hereby shall G' remain fully effective as lf no •• -•occurred.However,. - +, not apply in the cased acceleration w under paragraph 17. 1■11 10. Sale of Note;Change • ; Servicer. The Note.'. • '- . in the Note(together with this Security Instrument)may be sold one or more ti .•1 change enaty(know'as the"Loan ) all prior notice to Borrower. result in a in the Servicer) �monthly y ,ue under the + ecurity Instrument.There also maybe one or more changes 4.,,.. �":4 :?.• change d the Loan Service.Borrower will be given written notice of the change in accordance h r+., law.The notice will state the nave and address of the new Loan Servicer and the address to which pa .' made.The notice will also contain any other infomraion 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.Borrow shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Envirorenental Law.The preceding two sentences shall not apply lo 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 Lander written notice for any Investigation.claim.demand,larsuit or other action by any governmental or regutatrry agency or private party involving the Property and any Hazardous Substance or Environmental Lewd which Borrower has actual knowledge. If Borrow 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 tox is petroleum products,toxic pesticides and herbicides,volatilesdvents,materiels containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify.(e)the default(b)the action required to cure the default(c)a date,not less than 30 days from the dote the notice is given to Borrower,by which the default must be cured;and(d)that triturate cue 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 aftraccelereion and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrow to acceleration and foreclosure. If the default Is not cured on or before the date specified in the notice,Lender,at is option,may require immediate payment t in full dell suns secured by this Security Instrument without further demand end may foreclose this Security Instrument by judicial proceeding.Lade shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,induding,but not limited to.reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums seared by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,'attorneys'fees'shall include any attorneys'fees awarded by an appellate court. Packet Page-1445- 1/8/2013 Item 16.D.2. 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 It the rider(s)were a part of this Security Instrument. (Check Applicable Box) U Adjustable Rate Rider U Rate Improvement Rider tJ Condominium Rider I--1 1-7 U Graduated Payment Rider U 1-4 Family Rider U Second Home Rider n r-i u Balloon Rider U Biweekly Payment Rider U Planned Unit Development Rider U Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: Witness Signature: . / At . . A Signature: Ed Bekich Witness Print Name: _ ►. . I iW Signature: Borrower Witness Signature: Witness Prim Name: -Zo I.W,,Io a 17.•/'r•e-s Address: 4W1 1•,5;t'+-.LT rrcor____u`7r:. Ak■Wtce STATE OF Florida COUNTY OF Collier at NAV,R COL I hereby certify that on this day,• _emu;.- - officer duly• -state aforesaid and in tlucourty aforesaid to o� take acknowledgements,personally•'. - -. •• .. . •me • to be the person(s)described In and who executed the foregoing instru t a • •• • ^•, • re me at HE/S E/ EY executed the same for the purpose ~ r--r therein expressed. n pv F'" WITNESS my hand and official -, • an. - • „.this s'.•• • --1O .•_ • W • arw ` V My Commission Expires: 101. �wifrw Sys• 4 ,t!,- (SEAL) IRC WENDYA?KOFF Arr OOSMSSIONf00=NS I 1, 12,2C01,r IssidlAv Return to:Collier County FAH • Single Family Rehabilitation Loan Program 2800 N.Horseshoe Drive,Suite 400 Naples,FL 34104 Project# HM 04-05.0020 G:IGRANTSWOME12004-2005 PROJECTSISINGLE-FAMILY REHAB\Bekith.BarbaratMorbage 5 years.doc Packet Page-1446- il 1/8/2013 Item 16.D.2. , Parcel No. ;36301200007; Site 12116 52ND TER SW --------- ___ Name/ I I BEKICH, BARBARA L Address 4116 52ND TER SW , 1 ; . , City=NAPLES i State I FL 1 Zip 34116-6240 ,_ _ __ _ • Change of Address Form Map No. i Strap No. 1 Section I Township I Range i Acres *Acreage I I 324100 185 ; 4821 1 11 21 I 49 I 26 ; 0.23 . 304B21 1 1 1 ; Legal ;GOLDEN GATE UNIT 6 BLK 185 LOT 30 • - , Millage Area a ;20 . Millage Rates 0 . _______ , I-- , Sub./Condo 324100 - GOLDEN GATE CITY , 1 I ;UNIT 6 I School I Other I Total ; ;.;; • Use Code 0 I 1 - SINGLE FAMILY RESIDENTIAL I 5.527 I 7.3418 I 12.86881 eftitek, *See Instructions for • Calculations Latest Sales History 2012 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 if this parcel was created after the Final Tax Roll Date ; Book-Page I Amount_ [ Land Value I--$ 10,788 I 07/27/05 1 3853--3584--1_---__ --$ 0 F;, -(+) Improved Value .„,..._ $ 61 90 07/25/00 27013445 $ 98,000 (=) 5_A Market Value $ 72,693 I , 11/29/94 I 2006-151 I $ 0 ' r----só ii I (-) SOH & other Exempt , $ 01 05/O3/93 . i $ 77,000 I I------- i----- _ , ; (=) Assessed Value ; $ 72,693; ; 11/01/91 i 1666-1001 I $ 64,000 I i•- i , ' I (-) Homestead & other Exempt i $47,6931 (=) Taxable Value I $ 25,000 i-- ; (=) School Taxable Value $ 47,693 SOH = "Save Our Homes"exempt value due to cap on assessment increases. Pa_c_ketZage 144.7. http://www.collierappraisencom/Main_Se - _ tml?FolioID=36301200007 11/26/2012 I 1/8/2013 Item 16.D.2. Prepared by: 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 TAMIANII TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Virginia Warren to COLLIER COUNTY, bearing the date of April 30, 2006, recorded on 8/15/2006 in Official Records Book 4088, Page 4095, of the Public Records of Collier County, Florida, securing a principal sum of$13,750.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Lot 26,Unit 1, Palm Ridge Subdivision,according to the plat thereof recorded in Plat Book 9, page 8 of the public Records of Collier County,Florida. Folio#6512040007 and which has the address of:805 Palm Ridge Immokalee,FI 34142 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. Dated this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA By: By: , Deputy Clerk Georgia A. Hiller,Esq Chairwoman Approved as to form and legal sufficiency: Jenne r B White Assistant County Attorney Packet Page-1448- lets: 3886861 011: 4088 leg 4,095 1/8/2013 Item 16.D.2. 1005I16 t SUITS 0006 IICOIDID 10 the OMIICIAL IICOID5 of COLLII/COIlTI, IL OILI 13750.00 10101110/ DI 00/15/2006 at 00:121 DII0!I. IIOCI, CLIIt lid 111 35.50 Am: MDT 1L011 DOC-.35 41.30 Project Number HM 05-06-021 MORTGAGE THIS MORTGAGE("Security Instrument")is given on_April 30,2006. The Mortgagor is: Virginia Warren, a single woman ("Borrower). This Security Instrument is given to Collier Counts (•Lender").which is organized and existing under the laws of the United States of America,and whose address is 2600 North Horseshoe Drive.Suite 400.Nades.Florida 34104 . Borrower owes Lender the sum of ihk110111MINg $even Hundred Fifty Dollars and no/100 IS13.750.001. This debt is evidenced by Borrower's Note dated the same date as this Security Instrument C Mortgage"),which provides for the full debt,if not paid earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the fifth(5)year anniversary date of mortgage. This Security Instrument ant secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and=Medians;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument end the Mortgage For this purpose,Borrow does hereby,convey to Lender the following described property located in Collier County,Florida. Lot 28,Unit 1,Palm Ridge Subdivision,according to the plat thereof recorded in Plat Book 9,page 8 of the public Records of Collier County,Florida. Folio#6512040007 and which has the address of:805 Palm Ridge immokalee,FI 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a pan of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the'Property% BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage,the Property and that the Property is unencumbered,except f of record.Borrower warrants andwdl defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by ju nsdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. TERMS: The Borrower)of this Mortgage•.•: •"- 1�- :`Deferred Repayment Loan,'the terms of which are intended to- u .-hM }!�4 ip Act(HOME)funds utilaed to facilitate the rehabilitation of this Property are recaptu -, - •-• •• :home owner with rehabilitation unless the affordability requirements we met The terms of this Mo • • made as long as the makers comply with the following Borrower shall occupy th • „ 77 the Property is not allowed even on a temporary basis. Failure to abide• r * v n foreclosure. The Borrower shall be required to submit proof of principal•.. v •,- • •on the anniversary of the that-year occupancy and annually until the- ••. = r= a • .r ••;,•• include:pro of homestead erempdon, copies of paid receipts for taxes: ' : •',and copies of ins t'- of j owner-occupied Property listing Collier County as Mortgage Holder. If the c• • fails to provide. !. •• cy in a timely manner,the Lender may contract with an independent title.• � G ��•perform the necessary T. '- ,the cost of which will be added to the principal amount of this Mortgage. In the event the Borrower cease ripei panty,bansf. "lag any manner dispose of all or a portion of the Property which is subject to the Mortgage•'• . ,y 11, . ... - . • end doe amortization.then the principal amount of this Mortgage shall become immediately due nr',-=, The Borrower shall not refinance the ind:• _• •_:.----• _••• this Mortgage.The terdert:iorto granting approval shall review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing recapture the HOME monies.The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions or the First Note or the First Mortgage.including any provision requiring the repayment of money. The Borrow shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced irxxementatly for each year of the affordability period,according to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements we considered to be satisfied, In the event of the death of the Bonower(s)prior to expiration of the,affordability period has beenatained.all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(A)(1)all taxes end governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against orvdth respect to the Property,(2)all utility and other charges,including'service charges',incurred or imposed for the operation,mantenance,use.=upency.upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be pad only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any d the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shat be applied;first,to principal due;and last•to any late charges due under the Mortgage. 4. Charges;Lions. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property.which may attain priority over this Security Instrument and leasehold payments or ground rents,if any.Borrower shall promptly furnish to Lender an notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Page 1 of 4 Packet Page -1449- OR; 4088 1/8/2013 Item 16.D.2. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within thetenn'edended coverage'and any other hazards,inducting foods or flooding,for which Lender requires insurance. This insurance shell be maintained in the amounts and for the periods that Lender requires.The Insurance carrier providing the insurance shall be chosen by Borrow subject to Lender's approval which shall not be unreasonably withheld, If Borrower fails to maintain coverage described above.Lender may.at Lenders option,obtain Coverage to protest Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding. the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay.as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fee,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 ce polices and renewals shall be acceptable to Lender and shall include a standard mortgage dame.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 tithe insurance canierand Lender.Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,Insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration or repair is not economically feasible or Lenders security would be lessened,the insurance proceeds shall be applied Iota sums secured by the Security Instrument,whether or not then due,with any excess paid to Bonower. If Borrow abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to sable a claim,then Lender may collect the Insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums seared 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. B.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy,establish,and use the Properly as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall contlnte to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld.hheld.or unless extenuating circumstances exist'Arch are beyond Borrower's contd.Borrowershall not destroy damage or impair the Property,allows the Property to deteriorate,or commit waste on the Properly.Borrow shall be In default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially Impair the lien•:.: _•by• s Security Instrument or Lender's security interest Borrower may cure such a default and reinstate,as. . •-• ng the action or proceeding o be dismissed with a ruling that,in Lender's good faith determi : • .,��y,_171..i '•mowers interest in the Property o other material inpekment of the lien seated by this c. or L: e�,y Interest. Borrow shall also be in default if Borrower,during the loan application• ••- - ^materially false or in:-'+ ,• or statements to Lender(orfailed to provide Lender with any material •4041,4r.connection with the loan evi•:••:• • the Mortgage,Including,but not limrated to, representations concerning Borrowe -,,,.-„ a grind• •• •=. If this Se xrity Instrument is on leasehold.Borrower shall comply - 'the,- `. • - :•• fee title b the Property,the leasehold and the fee title shall not merge unless 7. Protection Of Lends • � '�� T orrn the covenants and agreements contained in this Security Ins c (� ;[;*w , y affect Lender's rights In the Properly (such as a proceeding in bankru• n,- '"' f • : L senor regulations),then Lender may do and pay for whatever is necessary „Ava•M4 : ' T'. •- in the Property.Lenders actions may include paying any sums secured by:4 which has priority over th ..�.�� appearing in court,paying reasonable attorneys'fees and entering on the" to make repairs. • • • s� become additional this paragraph Lender does not have to do so. Any amou - •••.• by Lender under, vy:..:.. - secured by this Security Instrument. . kJ 8. Mortgage Insurance. tf = mortgage insu , • condition of making the loan secured by this Security Instrument,Borrower shall pay the 're :- • • •.•'inswaosin effect.If,for cry reason,the shell pay the premiums required to mortgage g th ' - t� obtain coverage substantially equivalent to mortg org=.. , j .- In effect,at acost substarillally ly 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 end 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 myths premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ands in accordance with any written agreement between Borrower and Lender or applcable 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,director oonsequenaal,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 tender.In the event of a total taking of the Property,the proceeds shall be applied to the sums seared 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 then the amourtof the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in welting,the sums secured by this Security instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)theSaar amount of the sums secured immediately before the taking,divided by(b)the fair market value tithe Property immediately belore the taking. Any balance shall be paid to Borrow.In the event of a partial taking of the Property in which velar market value of the Property immediately before the taking is less than the amount of the sums secured immediatalyforthe taking,unless Borrower end Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Borowerothervise agree inwrr"bng,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in Interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums seared by this Security Instrument by reason of any demand made by the original Borrower o or Borrowers suooeseors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Page 2 of 4 Packet Page-1450- 011: 4088 1/8/2013 Item 16.D.2. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject b a kw 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 caxedion with the loan exceed the permitted limits,then:(a)any such loan charge shell 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 w ll 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 b Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge underthe Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first lass mall unless applicable law required use of another method.The notice shall be directed to the Property Addressor anyother address Borrower designates by rduce b Lender.Any notice to Lender shall begnen to Sommer or Lenderwhen given as provided in this paragraph. 15. Governing Law;Severabtlty. Federal law and the law of the jurisdktion in which the property is located shall govern this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrow shell be given one conformed copy of the Note and of this Security Instrument 17.Transfer of the Property ors Beneficial Interest In Borrower.If all or any part of the Property or any Interest in it is sold or transf erred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,Lender shall not exercise this optional federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 15. 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 I-, h.-,•■ the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c • incurred in enforcing this Security Instrument,',..y,,t`r��,M•.t fr. •. attorneys fees;and(d)takes such action as• Lender may reasonably require to assure a y�e'„'= this ,• ti"<� ,m Lender's rights in the Property and Borrower's obligation to pay the sums secured by t, 2 Instrument shall contin•- Upon reinstatement by Borrower,this Security Instrument and the obit• • . !r-e--• •hereby shall remain fully eff. t no acceleration had occurred.However, this right to reinstate shall not apply i •• ,,,4 :•rep 19. Sale of Note;Chan• •• partial ,- --t in the Note(together with this Security Instrument)may be sold one or ce It in a change In the entity(known as the'Loan Service(')that collects '�^1!. r. -i.. 1 �`4 Instrument There also may be one or more changes of the Loan th '"f'.2 of the Loan Services.Borrower will be• given written notice of the change l •�•, -,, • • 2 : h, • • + ,notice we state the name and address of the new Loan Servicer and the:•.10_,....a17.1,.• . .,• - • , ••- • , .• . .: will also contain any other information required by applicable lawn. 20.Hazardous Subs• > shell not cause or .,•. - - use,disposal•storage.or raises*of arty Hazardous Substances on or In the- Borrower shall not do, -h_ L: else to do,anything affecting the Property that is in violation of any Environmental 7. •. to the presence.use,or storage on the -pressing two sentences entences. � " Property of small quantities of Hazardous• J•: that are general �4T•to be appropriate to normal residential uses and to maintenance of the Property. :• • R • , 411.0.-„40,77 notice for any investigation,claim,demand, lawsuit or other action by any governmental• -• party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower i • •-.If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediaton of any Hazardous Substance affecting the Property is necessary, Borrower Shall promprty 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 Lawand 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 Levi' means federal laws and laws of the jurisdiction where the Property is located that relate to health.safety or environmental protection. 21.Acceisraton;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 witch the default must be cured;and(d)that failure to are the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument foreclosure by judicial proceeding and sale of the Property.The notice shalt further inform Borrower of the right to reinstate afteraooeieration and the right to assert in the foreclosure process the nonexistence 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 turn of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge.to Borrower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,'attoreys'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 riders)were a part of this Security Instrument. AaRe Page 3 of 4 Packet Page-1451- *tt OR: 4088 1/8/2013 Item 16.D.2. (Check Applicable Box) r, r1 r-i L-I Adjustable Rate Rider I_I Rate Improvement Rider I--1 Condominium Rider L--I Graduated Payment Rider u 1-4 Family Rider u Second Home Rider r-i r, n I-4 Balloon Rider I--I Biweekly Payment Rider u Plamed Unit Development Rider r-i tJ Other(s)(specify SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and In any j rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: / /) M , Witness Signature: 'A : t 11.6 I Signatue: f/`���/�✓"7/ 4 Borrower Vi-inia Warren Witness Print Name: 4. •.1 Signature: Borrower Witness Signature: I( V , Witness Print Name: •-)A ESA Address: b0% CCtltR2. T•NrcNt ka.ee�'`� Z4.∎ 4Z STATE OF Florida _ COUNTY OF Collier I hereby cattily that on this day,before me,:.. -: ••li , i..rized in the state aforesaid and in the county aforesaid to take�.personally appea:• . -•�-"O U4 me known to be the person(s)described in and ql •'tnt4 "•v-t- who executed the foregoing Instrument. • .•• • edged before me that S • THEY executed the same for the purpose !herein expressed, / T WITNESS my hand and official=_: in, : l . ;l -(a LP My Commission Expires: -l� . . —Pros m!• . '� Notary '.,`Signatu:is s a AlVirt•Notary's '•� ems V (SEAL) ti` • /TIE C I`r^ NSW/4.aAPF MYCOMIISSIol50030 M EXPIRES:Md 12,am "'v1,..— IseaWuWWrnerwooden Return to:Collier County FAH Single Family Rehabilitation Loan Program 30500 N.Horseshoe Drive,Suite 110 Naples,FL 34104 Project# MM 05-06-021 Page 4 of 4 Packet Page -1452- 1/8/2013 Item 16.D.2. Site Parcel No. 65121040007; Adr. ':SOS PALM RIDGE DR , Name/ WARREN JR ET UX, HENRY H Address , „ _ 805 PALM RIDGE DR , 1 ! , 1 1 . . .1 City IMMOKALEE State FL Zi_p 34142-4223 Change of Address Form Map No Strap No Section Township Range I Acres *Acreage ! 2E09 : 532600 262E09 ; 9 1 47 : 29 . 0.18 Legal 'PALM RIDGE UNIT 1 LOT 26 OR 246 PG 816 Millage Area •.148 Millage Rates• Sub./Condo ,532600 - PALM RIDGE UNIT 1 . School ' Other ' Total ' - Use Code • 1 - SINGLE FAMILY RESIDENTIAL ' 5.527 I 9.0782 i 14.6052 *See Instructions for Calculations Agetr6. Latest Sales History 2012 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 if this parcel was created after the Final Roll Date ' Book-Page ' _ Amount_ i Land Value 1 $ 3,705; , - 1 (+) Improved Value ! $ 34,314 (=) Market Value . $ 38,019 __.._ (-) SOH & other Exempt. $ 0; (=) Assessed Value ' $ 38,019 (-) Homestead & other Exempt. : $ 25,000; (=) Taxable Value , $ 13,019; (=) School Taxable Value : $ 13,019 SOH = "Save Our Homes"exempt value due to cap on assessment increases. 0.41N Packet Page-1453- http://www.co1lierappraiser.com/Majn e--...„..--,-,.....tml?FullAddress----805+Pal... 11/27/2012 1/8/2013 Item 16.D.2. Prepared by: 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 Lillie D Tubbs to COLLIER COUNTY, bearing the date of August 22, 2007, recorded on 09/04/2007 in Official Records Book 4277, Page 4081, of the Public Records of Collier County, Florida, securing a principal sum of$14,875.76 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: More particularly described as:Lot 89,Unit 2,Palm Ridge Subdivision,Collier County,Florida Folio/65170920000 803 Breezewood Dr lmmokalee,Fl 34142 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. Dated this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Georgia A.Hiller,Esq Chairwoman Approved as to form and legal sufficiency: Jennifer . White Assistant County Attorney Packet Page-1454- i 1/8/2013 Item 16.D.2. Project Number HM 06-07-009 MORTGAGE THIS MORTGAGE("Security Instrument-)is given on_August 2007 The Mortgagor is: Lillie D. Tubbs a single woman ("Borrower).This Security lr is given to Collier Caul* ('Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3050 North Horseshoe Drive.Suite 110 Naples.Florida 34104. Borrower owes Lender the sum of Fourteen Thousand Hahn Hundred Seventy Five Dollars and 761100(S14.876.761.This debt is evidenced by Borrower's Note dated the same date as this Security Instrument('Mortgage'),which provides for the full debt lino!pad earlier,due and payable on transfer of title,sale of property,refinance,or loss of homestead exemption. This Mortgage will be forgiven at the fifth(5th)year anniversary date of mortgage. This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the mortgage,and all renewers,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrow does hereby,cooveyo Lender the following described property located in Collier County,Florida. More particularly described as:Lot 69,Unit 2,Palm Ridge Subdivision,Collier County,Florida Folio#65170920000 603 Breezewood Dr tmmokalee,Fl 34142 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, rights, appurtenances,rents,royalties,mineral.oil and gas rights and profits,water rights and sods and alibmaes now or hereafter a part of the property.The Security Instrument shall also cover all replacements and additions.NI of the foregoing is referred to in this Security Instrument as the'Property. BORROWER COVENANTS that Borrower Is lawfully seized of the property described above,and has the right to • mortgage,the Property and that the Properly is unencumbered,except f of record.Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. TERMS: The Borrower)of this Mortgage a'Deferred Repayment Loan,'the terms of which are intended to ensure + '.,- artnershlp Act(HOME)funds utilized to facilitate the o,,, rehabilitation of this Property are recaptured .. . ••me home owner with rehabilitation unless the affordability requirements are met. lb The terns of this Mo • ,uire that pa • made as long as the makers comply with the following co • • - .o r, 10 • Borrower Shan occur r »!"f►: T^! ` �+ + occupy f �) t� • the Property is not allowed even on a m�r:o temporary basis. Failure o abide • foreclosure. The Borrower shall be required o submit proof of principal• (. •• •• 'f" i 1 ring on the anniversary of the first•year occupancy and annually until the- >s;._,. xx •_ ;,, mrs.•f shall Include:proof of homestead exemption,copies of paid receipts f• .--- and insurance,and copi cabals for owner-occupied Property listing Collier County as Mortgage Holder. f • • : fails to provide. panty in a timely manner,the Lender may contract with an in .--_- •,� •�• p dependent title•• ,to pefOrtn the -• ,the coat d which will be added to the v u .� principal amount of this Mortgage. ,,� 01 In the event the Borrower•= ft •••panty,trans':. 4a'any manner dispose of all or a portion of the of which shall to du r� r� r .-- c; property mortgage p , 'end of the amortization,then the principle amount t3.. c„a d this Mortgage shall become immediately "o The Borrow shall not refinance the in.:•a" a this Mortgage.The Lender prior to granting approval shall Lam., m review the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the N v; HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. 0 o The Borrow shall immediately contact the Lender to obtain approval should desireotrasfer, they asspn,sell orinany d manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to fulfilling this agreement and the end of = ,;•7,4 the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced wa• o o incrementally for each year of the affordability period,according to an amortization schedule based on the anrrlversary date of the O� o date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such l would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. f O .°a there is no net proceeds from the foreclosure, not osure,repayment is n required and HOME requirements are considered to be satisfied. wets o° In the event of the death of the Borrowers)prior to expiration of the,affordability period has been attained,all of the debt ▪e will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties 7,2° or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX 1)all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including'service charges',incurred or imposed for the operation,maintenance,use,occupancy,upkeep C.) o and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments .1 over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be iz a applied;first,to principal due;and last,to any late charges due under the Mortgage. fines • •=. .: 4. Charges;Liens. Borrow shall all taxes,assessments. R a••• Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,�rf arty.Borrower shall •o,«.". promptly furnish to Lender all notices of amounts to be paid under this paragraph,and an receipts evidemdng the payments. m m. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien:or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any par of the Property is subject to a lien,which may attain priority over the Security Instrument Lender may give Borrow a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Page I of 4 Packet Page -1455- 1/8/2013 Item 16.D.2. OR: 4217 rv. 7vo • 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,inducting 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 Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto.including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning. and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not bas 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 douse.Lender shall have the right to hold the policies and renewals.If Lender requires,Borrow shall prornp0y 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 Borrrower. 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.fi the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to resorts 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 canter has offered to settle a deim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay suns seared 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. &Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least the affordability period r 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,allows the Property to deteriorate,or commit waste on the Property.Borrow shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the hen created• this Security Instrument or Lender's searity interest.Borrower may cure such a default and reinstate,as provi•-• ,•-, using the action or proceeding to be dismissed with a ruling that,in Lenders good faith d- - A"'!h,•-,,M - s interest in the Property or other material impairment of the lien created by this S S.• ,. or - •- Interest. Borrower shall also be in default if Borrower,during the ban application p• •1-materially false or on or statements to Lender(or failed to Apittr provide Lender with any material inf• connection with the loan- •'- the Mortgage,including,but riot limited to, representations=owning Borrower - • . a prina•• -'dance. If this Security hstiument is on leasehold,Borrower shall comply : _:. _ ?. • : _:feet Leto the Property,the leasehold and the fee title shall not merge unless t r!4 . • T. Probdbn of ,• �riT1i1 the covenants and agreements contained in this Security instrum- T* w lid •n,-- y affect Lenders rights in the Property (such as a proceeding in•- „ ,y� n• i. �• h_-< dr degrladors),then lerhder may tb and pay for whatever is necessary , 4i w:,-. . -•- ` „:•in the Property.Lender's actions may include any sums secured which has priority over t - . In L.• in court paying Y by P my appearing paying reasonable attorneys'fees and entering on the- •- to make repairs. Altho.•�_- y-action under this paragraph 7,Lender does not have to do so. Any amou •"•, by Lender under∎ • ,-••T� . -1 become additional debt of Borrower secured by this Security Instrument. . t Mortgage Insurance, If L' ' g ' 'mortgage insu.-•• •• •-tion of making the loan secured by this Security Instrument,Borrower shall pay the• - •rtgage insurance in effect If,for any reason,the mortgage insurance coverage required �_I s "• Borrower stud! the ngage age requi by - � ,k. pay premiums required to obtain coverage substantially equivalent to the • „`!r4T, : . -••• in ekedt ate cost substantially equivalent to thecost 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,Borrow shall pay to Lender each month a sum equal to one-twellt 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 Leda requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shall paythe 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 dim for damages,director consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,we 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 bythis Security instrument,whether or not then due,with any excess paid to Borrow.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 bytes Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured imsnediatelyforthe taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.Unless Lender and Bor owerotherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Reieased,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Page 2 of 4 Packet Page-1456- 1/8/2013 Item 16.D.2. OR: 4277 rc: 4Utli 12.Successors and Assigns Bound;Joint and Several Liability,Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower.subject to the Provisions of Paragraph 17. Borrowers covenants and agreements shall be joint and several. My Borrower who co-signs this Security Instrument but does not execute the Note;(a)Is co-signing this Security Instrument only to mortgage,grant and convey that Borroweees Interest in the Property under the terms of this Security Instrument;(b)Is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent. 13.Loan Charges.If the ban secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower whiny 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 b Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under Note. 14.Notices.My notice to Borrow 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 waxed.The notice shall be directed to the Properly Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower orLenderwfengiven as provided in this paragraph. 15. Governing Law;Ssverablgry, Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy or the Note and of this Security Instrument. 17.Transfer of the Property ors Beneficial Interest in Borrower.If all or any partof the Property o or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrow is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,Lender shag not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give Borrow 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 Socially 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)$days(or such other period as applicable law may specify for reinstatement)before sale of the Properly 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 Ins„ .. .. ....the Note as If no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c incurred in enforcing this Security instrument' w• nable attorneys fees;and(d)takes such action as Lender may reasonably require to assure,r14: `oof this Security ff.''Lenders rights in the Property and Borrower's obligation to pay the sums secured by th' ,' Instrument shall•• - :•.Upon reinstatement by Borrower,er,this Security instrument and the obligation, .,h . shag remain fully elf,••, _ . no acceleration had occurred. However, this right to reinstate shag not apply i the• • , - 19. Sale of Note;C . ' of r partial , in the Note(together with this Security Instrument)maybe sold one or • tint _ ,-uft in a change in the entity(known as the"Loan Servicer)that collects tt y'y*�r,ie, �� Instrument.There also may be one or more changes of the Loan un !y�.,, Jl" ! of the Loan Snnvioer.Borrower will be given u 77,71‘....., r r ` g flange' • i �, notice wfNatatethe name and address of the new Loan Servicer and the-•.Mirk to . •-~'• s I.- , � wig also contain any other information required by applicable law. 20.Hazardous .. • +�.7'�;` shall not cause or ..- use,disposal,storage,or release of any Hazardous Substances o n or in the- . :. . = shall not do, • � else to do,anything affecting the Property that is in violation of any Environmental X31.1 ing two sentences �f}� apply to the presence,use,or storage on the Property of small quantities of Hazardous ^ • that are general'.'i -.•to be appropriate to normal residential uses and to maintenance of the Property. :. - 1 �u•. I en notice for any investigation,claim,demand, lawsuit or other action by any governmental o -. r•- ,r. te party Involving the Properly and any Hazardous Substance or Environmental Law of which Borrower ha ' edge.If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediatioh 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 byErwironrmviel Lawand 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 envirorrnenrtal protection. 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breech 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 detaolk(c)a data,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrow 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'shalt 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 shalt amend and supplement the covenants nts and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. Page 3 of 4 Packet Page-1457- 1/8/2013 Item 16.D.2. *** OR: 4277 PG: 4084 x><a (Check Applicable Box) r"-1 u Adjustable Rate Rider u Rate Improvement Rider u Condominium Rider n u Graduated Payment Rider U 1-4 Family Rider L--r Second Home Rider u Balloon Rider Biweekly Payment Rider u Planned Unit Development Rider Other(s)(specify SIGNING BELOW.Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any riders)executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: y Witness Signature: . - r._ • .A Spr>eture: C,C.Q�tJI d/ 4ke ■ Lillie D. Tubbs Witness Print Name: IL .r... ► •a• Signature: 1 Borrower Witness Signature: (.i_/ _4 ., /11t r,I 1 J) Witness Print Name:��AAILL'A L. /'!/912.TGL_J Address:803 Breezewood Dr Immokalee.Fl 34142 STATE OF Florida COUNTY OF Collier I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take adulowledgements,personally appeared 441I�N ]:_• to me known to be the Person(s)described in and who executed the foregoing instrument and-:. .,7:77-•-•-i HFJ THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal • My Commission Expires: [ its :r•I � No *Mt,- :12,411HOr Jik.M.11-11ff TIP Notarys7"!`!• '41 0 (SEAL) U T KV 74'. yew A.IQAPF I ?'j- E ►fr -, EX °"2 Braid lb.Noisy MfCMouli. Return to:Collier County Housing&Human Services Single Family Rehabilitation Loan Program 3050 N.Horseshoe Drive.Suite 110 Naples,FL 34104 Project# HM 0&-07-009 • Page 4 of 4 Packet Page -1458- 1/8/2013 Item 16.D.2. ..._ ...._ _____......._ . _ • . -- — i Site ! I 440%, Parcel No. 1651709200001 Adr. 1803 BREEZEWOOD DR ! , — Name/ !TUBBS, LILLIE D CHAMBERS ! Address PO BOX 5043 . , City !IMMOKALEE Se , L 1-- tat F Zip.34143-5043 ; ._ . Change of Address Form -I . Map No. I Strap No. I Section Township ; R4111 e ! Acres *Acreage ! _ . 2E09 532900 692E09 ; 9 : 47 ; 29 , 0.18 Legal ;PALM RIDGE UNIT 2 LOT 69 Millage Area • ;148 Millage Rates• Sub./Condo 532900 - PALM RIDGE UNIT 2 i School ; Other ! Total Use Code Oil - SINGLE FAMILY RESIDENTIAL i 5.527 ; 9.0782 ; 14.6052 *See Instructions for Calculations Latest Sales History 2012 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 if this parcel was created after the Final Tax Roll 1 , . ; Date Book-Page Amount 1 ; Land Value $ 3,705! 12/11/68 i 294-316 $ Orni 1 (+) Improved Value ; $ 27,1221 ... ; - ---; (=) Market Value ; $ 30,827 ; (-) SOH & other Exempt. $ 0 (=) Assessed Value ' $ 30,827 (-) Homestead &other Exempt. ! $ 25,000; (=) Taxable Value $ 5,827! ...... ....; (=) School Taxable Value $ 5,827! SOH = "Save Our Homes"exempt value due to cap on assessment increases. ookft Packet Page-1459- http://www.collierappraiser.com/Main_Se-------...tml?FolioID=65170920000 11/27/2012 1/8/2013 Item 16.D.2. Prepared by: 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 Moncerrate Sanabria to COLLIER COUNTY, bearing the date of September 11,2007, recorded on 09/19/2007 in Official Records Book 4283, Page 2183, of the Public Records of Collier County, Florida, securing a principal sum of$4,500.00 and certain promises and obligations set forth in said Mortgage,upon the property situated in said State and County described as follows,to wit: More particularly described as:Lot 47,Unit Z,Palm Ridge Subdivision,Collier County,Florida Folio#65170160006 506 Breezewood Or immokales,Fl 34142 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. Dated this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Georgia A.Hiller,Esq Chairwoman Approved as to form and legal sufficiency: Jennifer White Assistant County Attorney Packet Page-1460- lain: 4074169 OR: 4283 PG: 2183 1/8/2013 Item 16.D.2. 1011SI16&BM SOOVICIS ABCORDID in the OFFICIAL IICORDS of COLLII!COBITT. FL MLD 4500.00 Ii PROM 09/19/2007 at 03:1011 DINE I. MCI. CLBII OBLI 4510.00 IITIBOIIICI: MDT ILO/ Protect Number 07-08-001 !BC l[1 15.51 MORTGAGE DOC-.35 15,15 ,, THIS MORTGAGE('Security Instrument")is given on_September 11,2007 The Mortgagor is: Moncerrate Sanabria a single woman ("Borrower•).This Secure/Instrument is Oven to Collier County Mender),which is organized and existing under the left of the United States of America,and whose address is Housing&Hearer Services 3050 North Horseshoe Drive.Suite 110.Naples.Florida 34104.Borrower owes Lander the sum OF our Thousand Five Hundred Dollars and no 1100 454.500.001.This debt ill evidenced by Borrower's Note dated the same date as this Security Instrument r Mortgage"),which provides for the full debt.if not paid earlier,due and payable on transfer of title,sale of property.refinance,or loss of homestead exemption.This Mortgage will be forgiven at the fIf h(Sent ram anniversary date of mortgage.This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument:and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Collier County,Florida. More particularly described as:Lot 47,Unit 2,Palm Ridge Subdivision,Collier County,Florida Folio 0 65170160006 506 Breezewood Dr Immokalee,Fl 34142 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,rights, appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security Instrument as the'Property'. BORROWER COVENANTS that Borrower Is lawfully seized of the property described above,and has the right to mortgage,the Property and that the Property is unencumbered,exceptf of record.Barowarwerrads and*tideland generapylhe title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. TERMS: The Borrower)of this Mortgage -•• a-Deferred Repayment Loan,'the terns of which are Intended to ensure•.:c + ' .. artnership Ac(HOME)funds utilized to facilitate the rehabilitation of this k ncome home owner with rehabilitation unless the Property are recaptured= �.. .. affordability requirements are met. ,,O u The terms of this Mo g nts •, made as long as the makers comply with the following • •it Borrower shag oaupY th 'f rig• the Property is not allowed even on a temporary basis. Failure to abide• th� � :<Wt n foreclosure. The Borrower shall be required to submit prod of principal••• L h } ,�ring on the anniversary of the first-yea occupancy end annually unto the :*tir R 'r> i1 Y:.. shall include: roof of homestead . tt++..yy . . exemption,copies of paid receipts • and insurance,and •-••_.forowneroccupred Property fisting Collier County as Mortgage Holder. :• • , fails to provide: ^'^r. •,''tt�4 in a timely manner,the Lender may contract with an independent title••�•:• to perform the -•--- ''l Ali-••• :the cost d which will be added m the principal amount of this Mortgage. In the event the Borrower•-- 444 occupancy,transfer y manner dispose of all or a portion of the Property which is subject to the Mortgage• T. rtll_. ••.• -• _,V end of the amortization,then theprindpal amount of this Mortgage shall become immediately due •,i .- '- • R • The Borrower shall not refinance the fide.r:. -._.. .-• ••this Mortgage.The Lender prior to granting approval shell review the proposed refinancing in order to ensure that there will be sufficient equity afterthe proposed refinancing to recapture the HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,inducing any provision requiring the repayment of money. The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer,assign,sea or in any manner dispose of all or a portion of the Property,which is subject to this Mortgage prior to futfilting this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced inc emerdaay for each year of the affordability period,according to an amortization schedule based on the anniversary dale of the date the mortgage was recorded.The Lender shall have the authority to disapprove any disposal where the proceeds of such Maid be less than fair-market value as determined by an Independent appraisal by a State Certified Residential Appraiser. f there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrowers)prior to expiration of the,affordability period has been attained,all of she debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon.. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(AX1)all taxes and governmental charges of any kind whatsoever which may at any lime be lawfully assessed or levied against or with respect to the Property,(2)all utility and other charges,including"service charges',incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in installments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;fast,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents.if any.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien:or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Page 1 of 4 Packet Page-1461- 1/8/2013 Item 16.D.2. OR: 4243 ru, %WW1 S. Hazard or Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire.hazards Included wititin the term .xtendedawaragv and anyotherbazards.inciuding 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 Larders rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shall maintain Insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto.including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire.lightning, and other casualties customarily insured against(including boiler explosion,If appropriate,with a uniform standard extended coverage endorsement.Including debris rerrovalcoverage.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 shell be acceptable to Lender and shall indude a standard mortgage clause.Lender shall have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly giveto 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.It 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 proceedsiorepair or reetoreihe Property orb pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is mailed.Unites 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 the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition. &Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan Application, Leaseholds.Borrower shall occupy,establish,end use the Property as Borrowers principal residence within sixty days after the execution of this Security Instrument and shell continue to occupy the Property as Borrowers principal residence for at least the affordability period r after the date of occupancy,unless Lender otherwise agrees in writing.which consent shall not be unreasonably withheld,or unless extenuating circumstances existwhidn are beyond Banowera control.Borrower shall not destroy damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property.Borrower shall be in default if any forfeiture action or proceeding,whether dvtl or criminal Isbanun that in Lenders good faith judgment could result in forfeiture of the Property or otherwise materially impair the I 41- Instrument or Lender's security interest.Borrower may cure such a default and reinstate,as, ' "1—,,,.!r a the action or promoting to be dismissed with a ruling that,in Lender's good faith.- ^ forfeiture• sr interest in the Property or other material impairment of the lien crested by this y , meet or Lenders '=�' Borrower shall also be in default if Borrower,during the loan application• ••-.: -,. :materially false or lnaccu, •• anon orstaternents to Larder(or failed b provide Lender any material I • r t • Mortgage.Including.but tot knitted b. representations concerning Bo pn —,. If this Security Instrument is on leasehold,Sommer shall comply ��,..,-•. .. .the tithe Property.the leasehold and the tee title shall not merge unless ro'=7'. ' T•7. Protection of Londe In . • •. r- - ohm the covenants and agreements ouch as irp this in bankruptcy jw\i ,!, ` ,r-. ` .or regulations),orders tit Property do and pay for whatever is necessary to '-the value of the• ••- ' in the Property. Lender's actions may include paying any sums secured by- 'eh has priority overthi appearing in court, reasonable ~ y + - � •- paying atbmeys'fees and entering on the- •• make repairs. • •'.71 -action under this paragraph 7,Lender does not have to do so. Any amounts by L under this• shall become additional debt of Borrower secured by this Security Instrument . B. Mortgage Insurance. If - -0 • . ' a condition of making the loan secured by this Security Instrument,Borrower shall pay the. . • .r/� . mortgage insurance in effect.If,for any reason,the mortgage insurance coverage required by Lender :.: in effect.Borrow 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 irnscsarapgwed by L.Ifaxbatattially 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 mayno 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.Boomer 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 shah give Borrower notice at the time of or prior to an inspection specifying reasonable case for the inspection. 10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation orother taking of any pat of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lander. In the event of a total taking tithe Property,the proceeds shall be applied to the sums secured bytes 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 seared by this Security Instrument immediately before the taring,unless Borrower and Lender otherwise agree in wiling,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately bebre the taking. Any balance shall be paid to Borrower.In the even of a partial taking of the Property In which thetarmarket value of the Property immediately before the taking is less than the amount of the sums secured immediatelyforthe taking.unless Borrower and Lender otherwise agree in writing or unless applicable lawotherrwise provides,the proceeds shall be applied to the sums secured by this Security Instrument weetheror not the sums are then due.Unless of In eating.any appliance proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify emendation of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest.Any forbearance by Lender in exercising any right or remedy shall not bee waiver of or prelude the exercise of any right or remedy. Page 2 of 4 Packet Page -1462- 1/8/2013 Item 16.D.2. OR: 4243 ru; aou3 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers,The covenants and agreements of Alia this Security Instrument shall bind and benefit the successors and assigns d Lender and Borrower.subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that ty Borrowers interest in the Property under the terms of this Searity Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrowers consent 13.Loan Cha ges.KIM loan secured by this Security Instrument is subertb a bar which sets rnaximurn 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 lints,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 c llgaed 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 drect 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 shat be given by delivering It or bymailing it by first Bass mall unless applicable law required use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given to Borrower or Lenderwhen given as provided in this paragraph. 15. Governing Law;Severabiity. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. In the event that any provision or dause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect Without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred(or If a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior mitten consent Lender may,at its option,require immediate payment in fun of all sums secured by this Security Instrument. However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls 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 Borrow meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the eerier of:(a)5 days(or such other period as applicable law may spedfy for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgrnent enforcing this -- Iostr mei.Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Secu', � . _ es if no acceleration had occurred:(b)cures and default of any other covenants or agreements' incurred in enforcing this Security not I y attorneys fees;and(d)takes such action as Lender may reasonably require to asi -ten of this his s rights in obligation to pay the sums secured • ei the emnt Property and Borrower, his Instrument shall continue . Upon reinstatement by Borrower,fhds Security Instrument and the•. ..:.• • h^^. :-n - ,ef(.• •acceleration had occurred.However, this right to reinstate shall not appy ''~sae rap>h ` the Note(together wit h t is Secxity 79. Sate of Nob; r .Irstrment)maybesodoneor w• ft'•14r'M*y tinachargeintheehtty(knownas the"Loan Seniceri that collects • - • r 7r- Instrument.There also may be one or more changes of the Loan Servicer _ of the Loan Service,Borrower.will be riiN r �1tr given written notice of the change In th• p w:notice veil state the nameand address of the new Loan Servicer and the,• winch payments should • will also contain any other information required by applicable law. 20.Hazardous., ' not n cause or•=1' use,disposal,storage,or release of any Hazardous Substances on or in the- •• shall not do,nor al' else to do,anything affecting the Property that is in violation of any Environmental ng two=. : s, • apply to the presence,use,or storage on the Property of small quantities of Hazardous Su•.,, ,., to be appropriate to normal residential uses and to maintenance of the Property.Borrower s ,w• • ' ,- notice for any investigation,daunt,demand. lawsuit or other action by any governmental or regur..• • ''' private party involving the Property and any Hazardous Substance or Environmental Law of*tech Borrower has ac ual knowledge.If Borrower teams,or Is notified by any governmental or regulatory authority,that any removal or other remediabon 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 tads or hazardous substances by Environmental Lew and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides end herbicides,volatile solvents, materials containing asbestos orfornaldehyde,and radioactive materials.As used in this paragraph 29.'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 Borrowers breath of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify:(a)the default(b)the action required to cure the default(eta data notices than 30 days from the date the notice is given to Borrow,by which the default must be cured;and(d)that failure to axe 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 shat further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of e default or any other defense of Borowerto acceleration and foreclosure. If the default is not axed on or before the date specified in the notice,Lender,at its option.may require immediate payment in full d all sums seared by this Security Instrument without further demand and may foreclose this Security Instnxnent byjudicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided inthisparagraph 21,including,but not limited to,reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borower. Borrower shall pay any recordation costs. 23.Attorneys'Fees.As used in this Security Instrument and the Note,'attorneys'fees"shall include any atbmeys'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 agreemeMs of each such rider shall be Incorporated into end shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument Page 3 of 4 Packet Page-1463- 1/8/2013 Item 16.D.2. *** OR: 4243 ru. %MVO • (Check Applicable Box) u Adjustable Rate Rider u Rate Improvement Rider L-1 Condominium Rider t—I Graduated Payment Rider L_J 1-4 Family Rider L-i Second Home Rider u Balloon Rider u Biweeldy Payment Rider L-1 Planned Unit Development Rider (-1 u Othegs)(spedfy SIGNING BELOW.Borrower accepts and agrees to the terms and covenants contained in this Security Instnrnent and in any rider(.)executed by Borrower and recorded wfth it Signed,sealed and delivered in the presenoe of Witness Signature: _ I i A ", . Signature: �' /,.• /k 1 Lucil • Boylan Witness Print Name: .a.r..1 •ff Signature: Borrower Witness Signature: C Witness Print Name: le I4.iJo E.7orrs. Address: .2395 /S //Gee Cy 412, p e3 F/ 3-1iog STATE OF Florida _ COUNTY OF Collier • • I hereby certify that on this day,before ar c• ' ..in the state aforesaid and in the county aforesaid to take ad nowiedgements.personally ep• b `� • -known to be the person(s)described in and who executed the foregoing .. - ..:: EY executed the same for the purpose :zandoffial-_-= C !! Vc • My Commission Expires: - �a'*��'' I i! • A Notary V *- Q A_.♦ 'I,o Notaries Pn~'!er (SEAL) �I�� 4 HE MEN AaOPF 1 MY COMMISSION r 00901746 Return to:Collier County Housing&Human Services EXPIRES: 1S Zoe Single Family Rehabilitation Loan Program wx: ' ermotrwraxy rat Uftr.rw. 3050 N.Horseshoe Drive,Suite 110 - Naples.FL 34104 Project# HM 05-06•010 Page 4 of 4 Packet Page-1464- 1/8/2013 Item 16.D.2. Atotb Parcel No ,651701600061 Site 506 BREEZEWOOD DR Adr. Name/ SANABRIA, MONECERRATE Address '-- ,506 BREEZEWOOD DR City ,IMMOKALEE State FL Zip_134142-4205 Change of Address Form Map No. , Strap No. ! Section TownshiPTRange ; Acres *Acreage 2E09 532900 472E09 , 9 47 1 29 0.18 Legal PALM RIDGE UNIT 2 LOT 47 OR 275 PG 336-37, Millage Area • 148 Millage Rates• Sub./Condo 532900 - PALM RIDGE UNIT 2 School Other I Total Use Code• 1 - SINGLE FAMILY RESIDENTIAL 5.527 9.0782 I 14.6052 *See Instructions for Calculations 404* Latest Sales History 2012 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 if this parcel was created after the Final Tax Roll Date ±Book-Page _ Amount_ Land Value $ 3,705, I (+) Improved Value ± $ 3117 I (=) Market Value $ 34,881 (-) SOH & other Exempt. $ 0, (.) Assessed Value $ 34,881 (-) Homestead & other Exempt. $ 25,500 (=) Taxable Value $ 9,381 (=) School Taxable Value $ 9,381 SOH = Save Our Homes" exempt value due to cap on assessment increases. Packet http://www.collierappraiser.com/Mainage:146_5i _S P tml?FolioID=65170160006 11/27/2012 1/8/2013 Item 16.D.2. Prepared by: 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 Lucille Boylan to COLLIER COUNTY, bearing the date of June 11,2007, recorded on 06/14/2007 in Official Records Book 4243, Page 3603, of the Public Records of Collier County, Florida, securing a principal sum of$9,308.25 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit More particularly described as:Unit 202,of Naples Trace,A condominium,Phase!,according to the Condominium Declaration thereof on file and recorded In the Office of the Clerk of he Circuit Court in Official records Book 1455, pages 278 through 344, Public Records of Collier County Florida. FOLIO#63375000206 and which has the address of:2395 Naples Trace Circle#2 Naples Fl 34109 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. Dated this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk Georgia A.Hiller,Esq Chairwoman Approved as to form and legal sufficiency: \—c3'\3 Jenniifer B. White Assistant County Attorney Packet Page -1466- Iota: INlii OUPICI 4032596 OR: 4243 PG: 3603 1/8/2013 Item 16.D.2. H0011IG 4 GRANTS/110111 PROG1A0 UUC011D1D is the OPPICIAL ['CORDS of COLLII[ COM , pi OSLO 5301.25 VIID1 LOP? ill 5701 10/14/2007 it 01:0110 D0I607 I. 100CI, CURT RIC ill 35.50 DOC-.35 32.10 Project Number HM 05-06-010 MORTGAGE THIS MORTGAGE('Security Instrument")is given on June 11,2007 The Mortgagor is: Lucille Boylan, a single woman ("Borrower).This Seas yirntn,mentisgivento Collier County (Lender),itidh is organized and existing under the laws of the United States of America.and whose address is 3050 North Horseshoe Drive.Sulte110_Naoles.Florida 34104 Borrower owes Lender the sum of Nine Thousantj Three Hundred Elaht Dollars and 25/100/W308.251 This debt is evidenced by sonowars Note dated the same date as this Security Instrument C Mortgage"),which provides for the full debt if not paid earlier,due and payable on transfer of title. sale of property,refinance,or loss of homestead exemption.This Mortgage will be forgiven at the fifth(5)year anniversary dateof mortgage.This Security Instrument secures t o Lender(a)the repayment o f the debt evidenced bythe mortgage,and all renewals. extensions lions and modifications;(b)the payment of all other sums,under paragraph 7 to protect the security of the Security Instrument and(c)the performance of Borrower's covenants and agreements underthis Seasity Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender the following described property located in Cosier County,Florida. More particularly described as:Unit 202,of Naples Trace,A condominium,Phase I,according to the Condominium Declaration thereof on file and recorded In the Office of the Clerk of he Circuit Court in Official records Book 1455, pages 278 through 344, Public Records of Collier County Florida. FOLIO#63375000208 and which has the address of:2395 Naples Trace Circle#2 Naples Fl 34109 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 Mock and all biases now or hereafter a part of the property.The Security Instrument shall also cover all replacements and additions.AN of the foregoing is referred to in this Security Instrument as the"Property. BORROWER COVENANTS that Borrower is lawfully seized of the property described above,and has the right to mortgage,the Property and that the Properly is unencumbered,except f of record.Borrowerwartants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and m.�^a: agree as follows: 1. TERMS:The Borrower)of this Mo.•---'hu''rt' ,w erred Repayment Loan;the terms of which are intended b. . ,-.,,.. • ^�� p HAcI( OME)funds utilized tofadiitatethe rehabtitlationof this Properly are -.:•. nil °"s:•toassistanother: ;.•• home owner wen rehabilitation unless the affordability requirements are met. The terms of this Mo • • - r. .•r x •aym .: made as long as the makers comply with the following • • ,4,...44 ir Borrower shall occupy .'- ..17,- ` - of the Property is not allowed even on a temporary basis. Failure to abide• `L Tf T. . foreclosure. The Borrower shalt be required to submit proof of principal•..h^ '•�`, .1'• :, i s , ring on the anniversary of the first-year occupancy and annually until the end? .•=ten-yearamortizaton.- • `Tr include:proof of homestead exemption, copies of paid receipts for taxes and oe,and copies of i- :`,. I - l • owner-occupied listing Collier County as Mortgage Holder. If the•• - :Is to provides •. l'7,r. -H in a timely manner, Lender may contract with an independent title corn.:..! . orm the n principal amount of this Mortgage. title cost of which will be added to the In the event the Borrower cease• -r,-4 m any roamer dispose of all or a portion of the Property which is subject to the mortgage prier to .•,,, .+�. : - e. �. •the end of theamortization,then the principal amount of this Mortgage shall become immediately due and•: :• The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior tograntrg approval shat review the proposed refinancing in order to ensure that there will be sufficient equity alter the proposed refinancing to recaxturethe HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives,postpones,extends, reduces or modifies any provisions of the First Note or the First Mortgage,including any provision requiring the repayment of money. The Borrow shall immediately contact the tedderto obtain approval should they desire to transfer.assign.sell or in any mariner dispose of all ore portion of the Property,which is subject b this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period.acoorolng to an amortization schedule based on the anniversary date of the date the mortgage was recorded.The Lender shell have the authority to disapprove any disposal where cue proceeds of such would be less than fair-market value as determined by an independent appraisal by a State Certified Residential Appraiser. I there is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the.affordability period has been attained,all of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause b be paid,as the same respectively become due,(A)(1)all taxes and governmental charges of any kind whatsoever which may at anytime be lawfully assessed or levied against omit)respect b the Property.(2)at utility and other charges,including"service charges'.incurred or imposed for the opardon,maintenance.use,occupancy.upkeep and improvement of the Property,and(3)all assessments or other governmental charges that may lawfully be paid in instalments over a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,arid stall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied;first,to principal due;and last,to any late charges due under the Mortgage. 4. Charges;Lions. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the Property,which may attain priority over this Security Instrument,and leasehold payments or ground rents,if any.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge wry lien which has enmity 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 b prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the issuance of notice. Page 1 of 4 Packet Page-1467- 1/8/2013 Item 16.D.2, OR: 4283 rti: 1154 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term'extended coverage and any other hazards,including floods or flooding,for Munich 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 Borrowerfails to maintain coverage desaaribed 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 Mortgage is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto,including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning, and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal average.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 stall include a standard mortgage clause.Lender shad have the right to hold the policies and renewals.If Lender requires.Borrower shall pranptlygive to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt n obceto the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender end Borrower otherwise agree In writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,If the restoration or repair is economically feasible and Lender's security is not lessened.lithe restoration or repair is not economically feasible or Lender's security mad be lessened.the insurance proceeds shall be applied b the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrow. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance canter has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property orb 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 waiting,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 end 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.Occupency, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds.Borrow shall occupy,establish,and use the Property as Borrower's principal residence within sixty days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least the affordability period r after the date of occupancy, unless Lender otherwise agrees in writs g,which consent shall not be ureeasonahfy withheld,or unless extenuating circumstances exist which we beyond Borrower's control.Borrower shall not destroy damage or impair the Property,allows the Property to deteriorate,or commit waste on the Property.Borrower shall be in default N any forfeiture action or proceeding,*bather 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_bythis Secede'Instrument or Lenders security Interest.Borrower may cure that in Lheanden default and reinstate,,as •i-4. .,!Mii• }Y using the action interest to be or other dismissed ea impairment d the lien created by this � or L interest Borrower shall etso be in default if Borrower,during the loan application• ••-,..-• materially false or in : . ••• aim or statements to Lender(o r faded to provide Lender with any material I •• • rconnection with the ban- •_ • •• the Mortgage,including,but not limited to. representations concerning Borrower. ,., a pond••. *dance. If this Security Instrument is on leasehold.Borrower shall comply ••p• -.. 7 • - _.. --fee title to the Property.the leasehold and the fee title shall not merge unless - - to • '.,. ~ . 7. Protection of Lends .. ��- Ts am the covenants and agreements contained in this Security Ins • ,1w ` r• i - • affect Lenders rights in the Property (such as a proceeding in ban - or regulations),then Lender may do iw R �-Tal •... :... ',- and pay for whatever is necessary•. . .� al - _ - :, •••- in the Property. Lender's actions may include paying any sums secured by=which has priority over• - Ins 'h:!s appearing M o>ourt.paying reasonable attorneys'fees and entering on the• •^ to make repairs. wt) - it action under this paragraph 7,Lender does rat have to do so. Any 'Y` by Lender under. `7:,..,7% .: -II become additional debt of Borrower secured by this Security Instrument. . 9. Mortgage Insurance. If r i• mortgage insu- •, . ,condition of making the loan secured by this Security Instrument Borrower shall pay the p n•- - • •• insurance in effect.If.for any reason,the mortgage insurance coverage required by L= a .•• • effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the morg •7r•t•�— yin effect,at a cost substantially equivaerlto the cost• to Borrow 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 insura oe.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 provided by an insurer approved by Lender again becomes available and is opined.Borrower shall paythe 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 Borrow 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,director 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 eventof a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the far market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking,unless Borrow and Lender otherwise agree in writing or unless applicable law otherwise provides.the proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due.Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 11.Borrower Not Released,Forbearance by Lender Not a Waiver.Extension of the lime for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrow shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Page 2 of 4 Packet Page-1468- 1/8/2013 Item 16.D.2. OR: 428s YU: lis5 12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the Provisions of Paragraph 17. Borrower's covenants and agreements Shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any acoommodaIons with regard to the tears of this Security Instrument or the Note without that Borrowers consent 13.Loan Charges.trite loan secured by this Security Instrument is subject to a lawwtich 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 mailing a direct payment to Borrow. 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 shad be given by delivering it by mailing it by first Bass 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 Borrow or Lenderwhen given as provided in this paragraph. 15. Governing Law;Ssverability. Federal law and the law of the jurisdiction in which the property is located shall govern this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. It Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transf erred(or If a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lenders prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise.It 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 Borrow. 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 I . , i _ •the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)• I , •- incurred in enforcing this Security Instrument,i•. 11, 'M„ u,A`•noble attorneys fees;and(d)takes such action as Lender may reasonably require to assure, :. Lenders rights in the Property and Borrower's obligation to pay the sums secured by tit M Instrument shall confine: Upon reinstatement by Borrower,this Security Instrument and the obligations hereby shall remain fully elf-•• . - If no acceleration had occurred.However, this right to reinstate shall not apply i (. 19. Sale of Note;Chan• • • n =- ,,- ✓ • .partial u =.:- in the N o t e(together wl h this Security Instrument)maybe sold one or . • oe =<ut in a change in the entity(known as the'Loan Service')that collects '�`t ��� Instrument There also may be one or more changes of the Loan Sere'.. . t., of the Loan Servicer,Borrower will be given written notice of the change in M.-r (, K -notice will state the name and address of the new Loan Se lcer and the..•• - s•-. - •- will also contain any other information required by applicable taw. �{�s 20.Hazardous SubsWh-V. • = shall not cause or ..• use disposal,storage,or release of any Hazardous Substances on or in the- +rp Borrower shall not do, ,-else to do,anything affecting the Property that is in violation of any Environmental h,: ' -preceding two sentences- •_ •ly to the presence,use.or storage on the ��,Il<. Property of small quantities of Hazardous that are e- _ �ff''ll•to be appropriate to normal residential uses and to maintenance of the `�r1• -• 7 notice for any investigation,Claim,demand, property. :,� � ,. , lawsuit or other action by any governmental or . -party involving the Property and any Hazardous Substance or Environmental Law of which Borrower -71671 ��-.If Borrower seams,or is notified by any governmental or regulatory authority,that any removal or other remedtation 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 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 defaukon 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 Properly.The notice shall further inform Borrower of the light to reinstate after acceleration and the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender.at its option,may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 21 Attorneys'Fees.As used in this Security Instrument and the Note.'attomeys'fees'shall include arty attorneys'fees awarded by an appellate cart 24.Riders to this Security Instrument.t 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)we a part of this Security Instrument. Page 3 of 4 Packet Page -1469- 1/8/2013 Item 16.D.2. *** OR: 4283 rci: Llsb A44 (Check Applicable Box) rn 1-1 Adjustable Rate Rider u Rate Improvement Rider u Condominium Rider I-1 n r-1 Graduated Payment Rider u 1-4 Family Rider u Second Home Rider U--I Balloon Rider 1---1 Biweekly Payment Rider Planned Unit Development Rider r-1 u Other(s)(specity SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrow and recorded with it. Signed,sealed and delivered in the presence of: n� D Witness Signature;. lll,A.. e as., Signature:94 07"L(' �6 Q"1 �" �^ _ Borrower Moaaorrate Sanaloria Witness Print Name: C9\c.a.y, C-r en/ Signature: DQ � Borrower Witness Signature: It e,,.,-l„L h.. Witness Print Name: Sf711LEA- S//A1 7 Address:22LBABOONC2LkeiVSBIELE.H.142 STATE OF Florida COUNTY OF Collier I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknwAedgements,personally appeared �u -ai.�.H14 to roe known to be the person(s)described in and who executed the foregoing instrument and : l: , :'- ^• 1'"►it` EY executed the same for the purpose therein expressed. WITNESS my hand and official see , Q.!/ 4'61 My Commission Expires: • 01,Ill VA io1- *,.;;,,,,I.,,,, Jt1 �a Notary', 1,1-_. (SEAL) YIIY C) .. 0 L i2-4::. rIrnwwNr414Mw Return to:Collier County •.... - - -- Single Family Rehabilitation Loan Program 3050 N.Horseshoe Drive,Suite 110 Naples,FL 34104 Project 0 HM 07-08-001 Page 4 of 4 Packet Page-1470- 1/8/2013 Item 16.D.2. r Parcel No . . 1633750002061 Site i 1 Adr. 12395 NAPLES TRACE CIR ! 1 Name/ BOYLAN, LUCILLE M Address 2395 NAPLES TRACE CIR APT 2 _ ! ! 1 --r— L City NAPLES . StatelFL I Zip 34109-7517 Change of Address Form --, Map No 1 Strap No 1 Section ' Township 1 Range Acres *Acreage 3A26 1 514900 2 : 1 1 26 1 48 1 25 1 0 2023A26 ! , Legal NAPLES TRACE A CONDOMINIUM BLDG 2-202 ,-- , i 1_1_01iEgge Area •i 133 Milla•e Rates 8 , 1 Sub /Condo 514900 - NAPLES TRACE A 1 School 1 Other 1 Total !CONDOMINIUM Use Code 014 - CONDOMINIUM 1 5.527 i 5.9951 1 11.5221 .. ____... *See instructions for Calculations Latest Sales History 2012 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 if this parcel was created after the Final Tax Roll 1 Date 1Book-Page! _Amount 1 I Land Value $ 01 08/23/89 , _1464-761_i___S 52,900 11 (+) Improved Value $ 55,0001 (=) Market Value $ 55,000: (-) SOH & other Exempt. $ 0; (=) Assessed Value $ 55,0001 1 (-) Homestead & other Exernpt. $ 30,0001 (=) Taxable Value I $ 25,000 (=) School Taxable Value $ 30,0001 SOH = "Save Our Homes"exempt value due to cap on assessment increases. .000ftv Packet ag1 http://www.collierappraiser.com/MainSe_ pe- 4:7_11tml?FolioID=63375000206 11/27/2012 1/8/2013 Item 16.D.2. Prepared by: 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 Monstella Tims aka Momstella Tims to COLLIER COUNTY, bearing the date of August 16, 2006, recorded on 08/18/2006 in Official Records Book 4091, Page 3392, of the Public Records of Collier County, Florida, securing a principal sum of $12,850.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: More particularly described as:LOT 11,of BLOCK 1,PALMETTO PARK,A SUBDIVISION LOCATED AT MIMOKALEE,COWER COUNTY FLORIDA,AS PER PLAT THEREOF,RECORDED IN PLAT BOOK 5,AT PAGE 4 OF THE PUBLIC RECORDS OF COLLAR COUNTY FLORIDA.TOGETHER WITH A 1992 MOBIKLE HOME(VINE GAFLPI35BO5503HS) [sic) Foiia6650T0440004 and which has the address of:514 PALMETTO AVE IMMOKALEE FL 34142 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. Dated this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Georgia A. Hiller, Esq Chairwoman Approved as to form and legal sufficiency: Jenrliter B.White Assistant County Attorney Packet Page-1472- lets: 3889341 .08: 4091 PG.: IICOIDID • in the OPPIC 3392 1/8/2013 Item 16.D.2. NOISING i GIANTS CIDG III IECOIIDS of COIIIII COONTP, /I i iii DI 08/18/2006 at 02:43P8 DWIGHT I. RIOCI, CIIII 011I 12850.00 0 ATTN: W11 IBDT IIOPP IIC in 15.50 Project Number HM 05.06.008 DOC-.35 45.15 MORTGAGE THIS MORTGAGE rSec rity instrument')is given on NI(e/O/o .The Mortgagor Is: Moms tel1a Tiros, a single woman ('Borrower'), This Saamtyinstrurnantis given to Collier County Mender),which Is organized and existing under the laws of the United States of America,and whose address is 2600 Nosh Horseshoe Drive.Suite 400.Naoles.Florida 34104 .Borrower owes Lender the sum of Twelve Thousand Elaht Hundred Fifty Dollars and no/100($12.550.00).This debt Is evidenced byBorrower's Noce dated the sane date as this Security Instrument("Mortgage'),which provides for the full debt,if not paid earlier,due and payable on transfer of title.sale of property.refinance,or foss of homestead exemption.This Mortgage we be forgiven at Melia.,(5)year IY date of mortgage.This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the mortgage,and all renewals,extensions and modifications;(b)the payment of all other suns,under paragraphs 7 to protect the security of the Security Instrument;end(c)the performance of Borrowers covenants and agreements under Ids Seaxty Instrument and the Mortgage For this purpose,Borrower does hereby,convey to Lender lhefollowirgdescribedpropertybested in Collier County,Florida. More particularly described as:LOT 11,of BLOCK 1,PALMETTO PARK,A SUBDIVISION LOCATED AT IMMOKALEE,COWER COUNTY FLORIDA,AS PER PLAT THEREOF,RECORDED IN PLAT BOOK 5,AT PAGE 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.TOGETHER WITH A 1992 MOBIKLE HOME(VIN#GAFLN35B05503HS) Foltog65070440004 and which has the address of:514 PALMETTO AVE IMMOKALEE FL 34142 • TOGETHER WITH all the improvements now or hereafter erected on the properly,and all easements,rights, appurtenances,rents,royalties,mineral,de and gas rights and pnoits,water rights and stock and at tams nowor Weaker apart of the property.The Security Instrument shall also cover all replacements and additions.All of the foregoing is referred to in this Security instrument as the"Property. BORROWER COVENANTS that Borrow is lawfully seized of the property described above.and Inc the right to mortgage.the Property and that the Property is fdwoad.Bert dwerwarran s and well defend generally the title to the Property against ail claims and•- .,. THIS SECURITY INSTRUMENT.1,,,,,747...,:.;s u. '••• r 1-Z '• and non-uniform covenants with limited use variation by judsdfdcn to constitute a . �:= L instrument.. _ . y� UNIFORM COVENANTS. •• - •Lender covenant and lass:s: 1. TERMS:The Borrower)of been granted a •- - -• • - - • Loan.'the terms of which are a - ,� •- Act(HOME)fundsutf¢edbfadaatethe rehabBNtation of this Property are - • . lower• awnerwith re hab6laton unless the aftordabibty requirements are met- The terms of this . II). � made as tong as the makers comply with the following •r'' ,-• . --�. _� Borrower shall occupy the 14.,:,,,„ as their principal .-.,. _-: the Property is not allowed even on a temporary basis. Failure to abide by r, pal occupancy req -' -4y ,n'�►- in foreclosure. The Borrower shall be required to submit proof of principal•. .',4��"',..:Collier County on an• �... •on the anniversary of the first-year occupancy and annually until the end of, amortization period > shall include:proof of homestead exemption, copies of paid receipts for taxes and pro -.``7►..: _ • for owner-occupied Property listing Collier County as Mortgage Holler. t the Borrower , . • of contract web an independent title t•_ • ,...:ie11 i..; occupancy e a cost of manner.the Lander may principal amount of this Mortgage. the 0Dd d which wNi be added b the in the event the Borrow cease principal occupancy.transfer,sell or in any manner dispose of an or a portion of the Property which is subject to the Mortgage prior to fulfilling the agreement and the and of to amortization,Menthe prihcipel amount of this Mortgage shall become immediately due and pay able. The Borrower shall not refinance the indebtedness secured by this Mortgage.The Lender prior to granting approval rime reviewthe proposed refinancing in order to ensure that there wel be sufficient eaity aierteproposedretnand%to recapturethe HOME monies. The Lender consents to any agreement or arrangement M which the Fist Lender waives,postpones,attends, reduces or modifies any provisions of the First Note or the First Mortgage.Including any provision requiring the repayment of money. The Borrower shalt immediately contact the Lender to obtain approval should they desire to transfer,assign,sell or in any manner dispose of all ore portion of the Property.which is subject to this Mortgage prior to fulfilling this agreement and the end of the amortization period.Contacting the Lender will also enure that the Security Instrument may be appropriately reduced incrementally for each year of the affordability period,according to an amortization schedule based on the anniversary dated the date the mortgage was recorded.The Lender shall have the authority to disapprove any deposal where the proceeds of such would be less than fair-market value as determined by an independent appraisal bye State Certified Residential Appraiser. f there Is no net proceeds from the foreclosure,repayment is not required and HOME requirements are considered to be satisfied. In the event of the death of the Borrower(s)prior to expiration of the,affordability period has been attained,an of the debt will be forgiven. 2.Taxes.The Mortgagor will pay all taxes,assessments,sewer rend or water rated Priori°the mcrual el any Pend* or interest thereon. The Mortgagor shall pay or cause to be paid,as the same respectively become due,(All)all taxes and governmental charges of any kind whatsoever which may at anytime be lawfully assessed or levied against Gmbh rsepedtot a Property,(2)all utility and other charges,including•service charges',incurred or imposed for the operation,maintenance,use,occupancy,upkeep and improvement of the Properly,and(3)aN assessments mother governmental duress that may iasfutybe paid in instalments over a period of yeas,the Mortgagor shall be obligated under the Mortgage to pay or vise to be paid only such instalment as we required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the foregoing.forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be applied first.to prindhml due;and last,to any late charges due under the Mortgage. -I Page 1 of 4 Packet Page -1473- 1/8/2013 Item 16.D.2. OR: 4091 PG: 3393 4. Charges;Liens. Borrower shall pay all taxes.assessments,charges,fines and Impositions attributable to the Property,with may attain priority over this Security instrtsnert,and leasehold payments or ground rents,if any.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.and all receipts evidencing the payments. Borrower payment Apromptly d'isararge any lien which has priority over this Security Instrument unless Borrower.(a)agrees In writing to obligation seamed by the lien in a manner acceptable to Lender;(b)contests in good faith the ben by,or defends against enforcement of the lien in,legal proceedingswhhich in the Lenders opinion operate to prevertlheei*roemento( the Ilan: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 pad of the Property is subject toe Gen,which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shell satisfy the Gen or take one or more of the actions set forth above within 10 days of the issuance of notice. 5. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the lean*extended coverage"and any other hazards,inducing 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 Landers approval which shall not be unreasonably wittidd.lfBonowerfals b maintain coverage described above,Lander may,at Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.At all times that the Mortgage is outstanding, the Mortgagor shell maintain Insurance with reaped to the Premises against such risks and for such mounts as are austomerily insured against and pay,as the same become due and payable,all premiums in rasped thereto.including,but not limited to,all- risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises bytre,lightning, and other casualties customarily insured against(including boiler explosion,If appropriate),with a uniform standard extended coverage endorsement,inducing debris removal coverage.Such insurance at all times to be in an amount not less than the full replacement cost of the Premises.excl save of footings and foundations. Al insurance polldes and renewals shall be acceptable to Lender and shall Indude a standard mortgage clause.Lender shall have the right to hold the polities and renewals.If Lender requires,Sommer she0 prornptlygive to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shall give prompt notice to the'mnsurance carder and Lender.Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower odherwse 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 Bonweer abandons the Property,or does not answer within 30 days a notice from Lender that the Insurance cannier has offered to settle a dalm,then Lender may coiled the insurance proceeds.Lender may use the proceeds to repair or restore the Property or b pay sums sea sad 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 wining,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,Bomowers right to any irsu = ,,r - resulting from damage to the Property prior b the acquisition shall pass to Lender to the extent d -- "t•.T -1 , instrument immediately prior to the acquisition. B.Occupenpy, Preservation. M ., • - .. .•• „•��'i• Property; Borrowers Loan Application, Leaseholds.Bomower shall occupy,-. .,•,!�'f��'use theProperyas ' : residence witltnsixty days atterthe execution d this Security Instrument nue to occupy the- •• •• s principal residence for at the affordability period r after the date Lender otherwise�M M writing,which consent shall not be unreasonably withheld,orrnless .,c s control.Sandier shel not destroy damage or impair the Property, • waste Property.Borrower shall be in default if any forfM4xeadbnor proeeeding r dot iM .1ryyy .11i •'.,faithjudgmentcouldresutinforfeiRme d the Property or of erwise 2.-7.77r • Lender's security interest.Borrower may ate such a default and ` ,L, i ,• ` or proceeding to be dismissed with a ruling that in Lenders good faith,•,;;II,,.. 3" "'a t In the Property or other material impairment of the lien created by, My Instrument or , Borrower shall also be in default if Borrower,during the loan application - gave materially false• u_••••"I" or statements to Lender(ofailed b provide Lender with any material •• 1' yi.n connection with the•,', _ j;, , Mortgage,indudrng,but not limited to, representations concerning Borrowers"''. of the Property as a..•. • • If this Seamiy ksbument s on leasehold,Borrower ghee complywtth all To. . d to lease.t:• +-••• • fee We to the Property,the leasehold and the fee title shall not merge unless Lender.-~ r,ju• In . 7. Protection of Lender's Rights wM • �; ►' - falls to perform the covenants and agreements contained in this Security Instrument or there is a'.. , . ...,.. may significantly affect Lender's rights in to Property (such as a proceeding in bankruptcy.probate,for. •: :.r• or forfeiture«b enforce lava or reguistons),then Lender rraydo and pay for whatever is necessary to protect the value of the Property and Landers rights in the Property.lender's actions may include paying any sums secured bye lien,witch has priority over this Security InsWnerhL appearing in mart,paying lemonade attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. . 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage Insurance in effect.ff,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 substantaly equivalent to the mortgage insurance previously in died,eta coat substantially equivalent tots cost to Barowerof the mortgage insurance previously in effect•from an alternate mortgage insurerappnoved by Lender.If substentaty equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal b ona•twellth 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 t andforthe period the Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.Borrower shat pay the prartitms 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. t. Inspection.Lender or its agent may make reasonable entries upon and inspections of the Property.Lender shell give Borrower notice at the time of or prior to an Inspection spedfykg reasonable cause for the inspection. 10.Condemnation.The proceeds of any award or claim for damages,direct oansequerhtal,In mrmectim with any condemnation o other taldng of any part of the Properly,or for conveyance in lieu dcondemnation,are hereby assigned midshal be paid to Lender.In the event of a total taking of the Property,the proceeds shag be applied to the sums secured byt is Secuty Instrument,whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property,In%%tech Me fair market value of the Property immediately before the taldg is equal to or greater than the amount of helium secured bythis Security Instrument insnedratey before the taking,unless Borrower and Lender°Machias agree in writing,thesoms seamed by this Security instrument shall be reduced by the amount dthe proceeds mutliptled by the following fraction:(a)thetote'amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property lnwne ue ybefore the taking. Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value dthe Property immediately before the taking ie less than the amount of the sums secured irrm edateyfor the taking,unless BorrowrandLender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then due.Unless Lender and Bomoweroteerwse agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraphs 1 or change the amount of such payments. Page 2 of 4 Packet Page-1474- 1/8/2013 Item 16.D.2. 011: 4091 rG; isH 11.Borrower Not Released,Forbearance by Under Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to " `• commence proceedings against any successor in interest or refuse to extend time for payment orotherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original BarowerorBorrower's successors in interest forbearance by Lender in exercising any right or remedy shall not be a waiver of or prelude the exercise of any right 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signens.The covenants and agreements of this Seaeity Instrument shall bind and benefit the successors and assigns of Lender and Borrow.subject to the Provisions of Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument(b)is not personally obligated to pay the suns 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 lewwhidh sets maximum loan cages, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Joan exceed the permitted limits,then:(a)any such ban charge shall be reduced by the anouur necessaryb reduce the deeps to the permitted limit and(b)any sans already Collected from Borrow whidt exceeded permitted limits will be refunded to Borrow. Lender may choose to make this refund byredudng the principal owed under the Note or by mal ing adiredpayn errbBomower. If s refund reduces principal,the reduction will be treated as a partial prepayment without any prepaymentdrorpe under the Note. 14.Notices.Any nice to Borrower provided for in this Security instrument shall be given by delivering dor by mailing it byfirst lass mall unless applicable law required use of another method.The notice shall be directed b the Property Address or anyoteraddress Borrower designates by notice to Lender.Any notice to Lender shall be given b Baroweror Lender Wan given as provided in this paragraph. 15. Governing Law;!Wearability. Federal law and the taw of the Jurisdiction In which the property Is located shall govern this Security Instnmhnt. 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. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property oraBeneficial interest In Borrower.It all or ariypatotthe Property or yinteresthk is sold or transferred(or If a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent Lender may.at its option,require immediate payment in full of all sums secured by this Security instrument. However,Lender shall not exercise this option If federal law as of the data of this Security Instrument prohibits exercise. If Lender exercised this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Bono war must pay all sums secured by this Security Instrument If Borrower falls to pay these ,• x, - ration of this period.Lender may invoke any rerneces permitted by this Security Instrument without ` '• • 18. Borrower's Right to Re . . .. •lions,Borrower shad have the right b have enforcement of this Security Instrument,.11"........111:,rj`•at any time p •-7,,,Z7- ler of:(a)5 days(or such other period as applicable law may specify for tel < -• (} • 'sale of the Property• ._. . , power of sale contained in this Security Instrument or(b)entry of a Judgment !A Instrument •. •• .are that Borrower:(a)pays Lender ad sums which then would be due u •--$"' - "'Note as had occurred;(b)cures and default of any other covenants or •1.0 incurred In enforcing this Seanity .1"��u ,��ry y .r F T�••• mss fees•and( such action es AIMS Lender may reasonably require secured"T' T°* 1� z.rmi1 !iIMYM in the Borrower's oblga pay • kk i'ir$i.I ,..1 a reinetatemart Borrower,this Security Instrument and the• •-:. e t ji •acceleration had occurred.However, this right b reinstate shed not apply rse of acceleration . • •- .18. Sale of Note; n Servfar. The Note�•1_ • in the Note(toget er with this Security Instrument)maybe sob she or mor ∎ . prior notice b,.• ; ry,,- result in a dhahge in the entity(known es the'Loan Servicer that collects ,."en*s dare under the • . . Instrument There also may be one or more changes of the Loan Servicer urn sale of the Note. If, _ : •• ange of the Loan Serviar,Borrower will be given writennotice of the&tingein-••• •17. r. • 14:,:If • law.The rodose.*stale the name and addess of the new Loan Servicer and the address to - •=• ,--,r•,•77'�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 released 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 shalt not apply to the presence•use,orstorage on the Property of small quantities of Hazardous Substances that we generally recognized to be appropriate to normal residential uses and to maintenance of the Property.Borrow 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 Borrow learns,or is welled by any governmental or regulatory authority,that any removal or other remediaton of any Hazardous Substance affecting the Property is necessary, Borrow shall promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20. "Hazardous Substances'arethose substances defined as toxic or hazardous substances byEn vkonmersal Lawand thefolloeAng 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 Laver means federal laws and laws of the jurisdiction ion 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 noticeshall specify:(a)the default;(b)the action required to ere the default(c)a dale.not less than 30 days from the date the notice sgiven 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 loam Borrower of the right to re'awmle after acceleration and the right to assert in the foreclosure process the non-existence cis 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 is option,may require immediate payment in full of all sums secured by this Security Instrument witout further demand and may foreclose this Security instrument by judicial proceeding.Lender shell be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and doss 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,"atbrneys'fees'shell include any aeomeys'fees awarded by an appellate court. Page 3 of 4 Packet Page-1475- 1/8/2013 Item 16,D.2. *** OR: 4091 Fv. JJ7J 24.Riders to this Security instrument If one or more riders are executed by Borrower and recorded together Mitts Security instrument the Covenants and agreements of eadl 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 Seamy Instrument. (Check Applicable Box) u Adjustable Rate Rider u Rake Improvement Rider tl Condominium Rider u Graduated Payment Rider 1-1 1-4 Family Rider v Second Home Rider u Balboa Rider u Biweekly Payment Rider u Planned Unit Development Rider u °thef(s)(sPedfy SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any riders)executed by Borrower and recorded with It. Signed,sealed and delivered in the presence of: Witness Signature: _ . • •..C Signature:. • • ` Honstella Tina Witness Print Name: a s: .. ♦• Signature: Mfg-Mr Borrower Witness Signature: • La%� .• Witness Print Name: kb Ls(mix G or re.S Address: STATE OF Florida _ COUNTY OF Collier yU�ER C0U� I hereby certify that on this day, - • - • aforesaid and in the county aforesaid to take acknowledgements.personally ••-- .• 11�!:!1!'A.`......- .s - to be the person(s)described in and who executed the foregoing in cloth executed the same for the purpose therein expressed. f. WITNESS my hand and official seal • My Commission Expires: � I 0 •et be (,-.) Notary• ,•f 1. 6111„V Notary; •N 11 (SEAL) Yr 001416801•0030274 EXPItfS:rod 12 200$ 4;11 euoe•YMerrnm•rwm Return to:Collier County FAH Single Family Rehabilitation Loan Program 2800 N.Horseshoe Drive.Suite 400 Naples,FL 34104 Project# HM 05.06-008 Page 4 of 4 Packet Page -1476- 1/8/2013 Item 16.D.2. - — ....._ Site i Parcel No I 65070440004 512 PALMETTO AVE Name,/ 71MS EST, MONSTELLA Address -P a 13--0-X-354 I ! , 1 ------; City !IMMOKALEE , State1FL i Zip134143 Change of Address Form ::- Map No 1 Strap No r Section-I:Township 1 Range I Acres *Acreage i ! 2E09 532300 1 112E09 1 9 I 47 1 29 r: 0.2 ; ....1 : i _____Legal :PALMETTO PARK BLK 1 LOT 11 --1 Millage Area • 148 : Millage Rates• , Sub./Condo1532300 - PALMETTO PARK -:I School ! Other I Total 1 , Use Code 012 - MOBILE HOMES i 5.527 I 9.0782 I 14.6052 *See Instructions for Calculations do* Latest Sales History 2012 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 if this parcel was created after the Final Tax Roll ..._i Date i Book-Page j Amoun .t i Land Value I $ 3,348j 02/14/97 i 2283-1827 i $ 3,300 1 I (+) Improved Value i $ 17,615J L _ 1 07/08/94 ! 1965-1466 : i ° ! 1- - (=) Market Value ' $ 20,9631 , 02/01/73 1 506-699 $ 0 1 !--- : (-) SOH & other Exempt. : $ 0! .__ (=) Assessed Value 1 $ 20,963 (-) Homestead & other Exempt. 1 $ 01 I (=) Taxable Value 1 $ 20,9631 -1— 1 1 (=) School Taxable Value $ 20,963 SOH = "Save Our Homes"exempt value due to cap on assessment increases. „oft, http://www.collierappraisencom/Main_Se Packet Page-1477-tml?FolioID=65070440004 11/27/2012