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Agenda 10/22/2013 Item #16D 2 10/22/2013 16.D.2. EXECUTIVE SUMMARY Recommendation to approve one (1) satisfaction of mortgage for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, accepting $2,475 to satisfy the total value of the mortgage$41,250. OBJECTIVE: Approve and authorize the Chairwoman to sign one satisfaction of mortgage. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing grant, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. On February 28, 2012, Agenda Item 16.D.7, the Board of County Commissioners approved a Short Sale Policy for the SHIP program. The Short Sale Policy provides a settlement amount towards the down payment assistance in the amount of 6% of the Collier County loan amount or $6,000.00 (whichever is less but never less than $500) in an effort to facilitate a Short Sale. The recipient, as the seller of the property, must not receive funds from the short sale. The following table contains relevant details. The recipient received no funds from the short sale as evidenced by the HUD1. Recipient Name First Mortgage First Mortgage SHIP Mortgage Payoff Amount of the SHIP Public Record&date of Accepted Payoff Public Record&date Mortgage HUDI Line 508 mortgage signed HUDI Line 504 mortgage signed Scott Selznick aka Scott G.Selznick $226.200.00 $130,224.83 $41.250.00 $2,475.00 OR:4313/PG:3306 OR:4313/PG:3314 12/20/2007 12/20/2007 Total $41,250.00 $2,475.00 Approval of this item will authorize the Chairwoman to sign the aforementioned satisfaction of mortgage for recording in the Public Records of Collier County,Florida. FISCAL IMPACT: SHIP funds in the amount of$2,475.00 have been repaid and will reside in SHIP Grant Fund 791, Project 33258.1 and are considered program income. Such funds may be reused for eligible SHIP program activities. The ten $10.00 dollar recording fee will be paid by the recipient. LEGAL CONSIDERATION: This item is approved as to form and legality and requires majority vote for approval.—JAB GROWTH MANAGEMENT IMPACT: none RECOMMENDATION: Approve and authorize the Chairwoman to sign one (1) satisfaction of mortgage for owner-occupied affordable housing units that have satisfied the terms of the Short Sale Policy. Prepared By: Wendy Klopf, Operations Coordinator,Housing,Human and Veteran Services Packet Page-737- 10/22/2013 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve one (1) satisfaction of mortgage for State Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, accepting$2,475 to satisfy the total value of the mortgage $41,250. Meeting Date: 10/22/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 9/12/2013 3:16:33 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 9/12/2013 3:16:34 PM Approved By Name: KushiEdmond Date: 9/18/2013 9:21:12 AM Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human&Veteran Servi Date: 9/18/2013 4:06:02 PM Name: GrantKimberley Title: Interim Director Date: 9/1 8/2013 7:12:05 PM Name: SonntagKristi Date: 9/27/2013 11:44:35 AM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Packet Page-738- 10/22/2013 16.D.2. Date: 10/7/2013 9:09:41 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/7/2013 10:02:22 AM Name: RobinsonErica Date: 10/8/2013 8:31:24 AM Name: CarnellSteve Title: Purchasing/General Services Director Date: 10/8/2013 11:11:54 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 10/9/2013 12:06:56 AM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2013 2:57:29 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/11/2013 11:00:38 AM Name: OchsLeo Title: County Manager Date: 10/12/2013 1:08:39 PM Packet Page-739- - 10/22/2013 16.D.2. Prepared by: Wendy Klopf 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 Scott Selznick aka Scott G.Selznick to COLLIER COUNTY, bearing the date of December 14,2007 ,recorded December 20,2007 ,in Official Records Book 4313 Page 3314 , of the Public Records of Collier County, Florida, securing a principal sum of$41,250.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned Mortgage. COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy,approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: ,DEPUTY CLERK GEORGIA A.HILLER,ESQ. CHAIRWOMAN Approved for form and legality: JenniTer A. Belpedi a \? Assistant County Atto ey \V Packet Page-740- 41091 10/22/2013 16.D.2. QOM( RECORDED in Urtlt:tAL KIWUKIJ 0I 1:ULLLUK WUIITI, !L r�(\ 12/2012007 at 09:00AK DWIGHT B. BROCK, CLERK G' , MORTGAGE OBLD 41250.00 1�� IRD OBLI 41250.00 RBC PEE 27.00 �� DOC-.35 144.55 Return to MIDWEST TITLE( 1 ) Seta: (239)262-2164 Ext t KIDKEST TITLE 3936TamiamiTrailN#A PICK DPI CITY OFPICE Naples FL 34103 • THIS SECOND MORTGAGE("Security Instrument")is given on ,2007. The Second Mortgagor is: Scott Selznick,a single man a/k/a Scott G. Selznick (Borrower). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3301 E. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Forty One Thousand Two Hundred Fifty and 00/100 Dollars ($41,250.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Golden Gate,Unit 8,Part 1,Block 274,Lot 3,Collier County,Florida and which has the address of: ("Property Address"): 3118 43tQ Street South, Naples, Florida 34116 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except-fef-enckmbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,c parCe ck t)rences of record. THIS SECURITY INSTRUMENT combinesiartfotirs vet ants-fit natiknkuse and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrurnepCd9Wtefing real property-.` .. f. UNIFORM COVENANTS. Borrower ar kLepder covenant and agree oiler' 1. Payment of Principal and Interest;Preen..niand Late Charges.'Sorroyyylrll er shall promptly pay when due the principal of and interest on the debt evidenced by the Note./ /` Q� \ 2. Taxes. The Mortgagor wit pay all takes,assesarn tssse-weerr re is or water rates prior to the accrual of any penalties or interest thereon. ++ id- ✓/ e Ne,n j%� The Mortgagor shall pay or cause to bp�pa`� he?sa e p ry i e ins due, A)(1)all taxes and governmental charges of any kind whatsoever which may at any time be IawfO ly assesse+ agetrrst or vitf1'respect o the Property,(2)all utility and other charges, including"service charges",incurred or imposeioL , p „�,r6einte"bance,Ltset.gc4� cy,upkeep and improvement of the Property,and (3)all assessments or other governmental dCfterg s that may lawfully be paid in installmgnti er a period of years,the Mortgagor shall be obligated under the Mortgage to pay or causg.td,be paid only such installm its as are required to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the f ;egoing,forward to Mortgageittevitlent Hof such payment 3. Application of Payments. Unless a llcable law provides otherwrsd,.alt. yinents received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any late;OILarges due under the Note. / 4. Charges;Liens. Borrower shall pay`alNdes:'assessments.cha"ges-i. nes and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold p p'ittientsptertNial,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and altrecairs Cwide}tcrno"the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith Packet Page-741- 10/22/2013 16.D.2. judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders security 1 interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lenders good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secu -• • is Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of v k sera ediately before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any tire I •_ . In the event of a partial taking of the Property in which the fair market value of the Property immediately bot)�' : ing is less t ant of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree it f%r .of un less applicable law 1�provides,the proceeds shall be applied to the sums secured by this Security Instrument whether ormot sums are then due. Unless Cwtnderend Borrower otherwise agree in writing,any application of proceeds to principal shall not e�'or•os.•oneRka-dueli_ate-of the monthly ayments referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Fo earanoe1L .No aft ene(on o,the time for payment or modification of amortization of the sums secured by this S$curitk4ny{ru t ra'bte'd•y ,end rfo niAticce4or in interest of Borrower shall not operate to release the liability of the original Borrowerlor Bd�roviers u o 'i i I- t. a er hall pot be required to commence proceedings against any successor in interest or refuse 1 d r t•r(•herwi odif'pmertization of the sums secured by this Security Instrument by reason of any demand made p o nal Bo r o ••t�• r orsn interest. Any forbearance by Lender in exercising any right or remedy shall not be¢ r of or preclude the exercise of shy n tttp remedy. 12. Successors and Assigns Bo " int and Several Liabili*.Co j5igner"3: The covenants and agreements of this Security Instrument shall bind and benefit the successt rs_, ssigns of Lender and Bortsjvv$f �ct to the Provisions of paragraph 17. Borrower's covena'tts a�r , reements shall be joint d beveral. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is cOc ir' this Security Instrumgn drlljto mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; i allyobligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may'fig extend ale , orbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's co enk. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first 1 class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 16. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such ' conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with Packet Page-742- *t 10/22/2013 16.D•2. paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rider ❑Second Home Rider ❑Balloon Rider ❑Biweekly P,ayh-re CO ginned Unit Development Rider ❑Other(s)(specify 0\.) -� SIGNING BELOW,Borrower accepts and ag s to th • sari• • • •.. •ntain in t 's Security Instrument and in any rider(s)executed by Borrower and recorded with it. / Signed,sealed and delivered in the presen--of: i Witness#1: C - - '•"-' �.J i rec ..a1LLtt= 04Y1i� .,. Borrower ' S• ,.tom. _- ;ck Signature: . � . h - Tk-I!/ - t S. r /Witness#2: a"AG , G \.,--- Signature: CoBorrowgri� - Signature: ell -/HGE 'J 6vEAizkrr, :�_ t s 1118 43rd Street South Naples, Florida 34116 STATE OF FLORIDA COUNTY OF C----v4 4,-- I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Scott Selznick,to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this /9 1day�Joff .2:1. -c-/ ort- ,20d?. My Commission Expires: 4 '�L +<YL-- Notary P lic's Signavre (Seal) t"-.41-7.o.Ulf/ /f• tiGnar■• Notary's Prirfted Name CI6tVLM110I3i ! AOr 23• i� Osarsudos l:>� File#: 07-110 a.•r 4DO41010 Packet Page-743- 10/22/2013 16.D.2. OMB Approval No.2502-0265 -,' < A.Settlement Statement(HUD-1) B.Type of Loan • 1...x... FHA 2 RI-IS 3.1 ' CONV.UNINs.16.Pga Number. 7.Loan Nomber: +8.Mortgage insurance tees Number. 4 VA 5 .__j CONV.INS. 13-4663 ,' 570228 095-2779616-703 I • C.Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked"(p.o.c.)"were paid outside the closing they are shown here for informational purposes and ace not included in the totals. D.Name 8 Address of Borrower. E Name&Address of Seller. F.Name&Address of Lender: , I Saul Rodriguez and Electina Tabora :Scott G.Selznick Security National Mortgage Company 3118 43rd Street S.W. 6850 SW 44th St 200 9th Avenue . •Naples,Florida 34116 :Miami,FL 33155 I Suite 220 8 130 • • • Safety Harbor,Florida 34695 • G.Properly Location: N.Settlement Agent: I.Settlement Date: 3118 43rd Street S.W. First Integrity Title,Inc. August 23,2013 • • Naples,Florida 34116 3838 Tamiami Trail North Lot 3,Block 274,Golden Gate Unit 8 Part 1, I Suite 301 • !.Collier County,Florida •Naples,Florida 34103 : 239-261-5353 fax:239-261-6363 • Place of Settlement: • • First Integrity Title.Inc. • 3838 Tamiami Trail North,Suite 301 • •Naples,Florida 34103 Phone:(239)261-5353 • • J. Summary of Borrower's Transaction i K. Summary of Seller's Transaction 100.Gross Amount Due From Borrower. 400.Gross Amount Due To Seiler: 101 Contract Sales Price ., 151,500.00'401 Contract Sales Price 151,500.00 102. Personal Property 402. Personal Property 103. Settlement Charges to Borrower(line 1400) ..,,..,11,351.79, 403 Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advance:. 106. City/Town Taxes 406. City/Town Taxes 107. County/Parish Taxes 407. County/Parish Taxes 108. Assessments 21.86 408. Assessments 21.86 120. Gross Amount Due from Borrower: 162,873.65: 420. Gross Amount Due to Seller 151,521.86 200. Amounts Paid_by or In Behalf of Borrower. J600. Reductions in Amount Due to Seller. • 201. Deposit or Earnest Money _,. 2.000.00 Excess Deposit(see instructions) '.. 202. Principal Amount of New Loan 148,755.00 .502. Settlement Charges to Seller(Line 1400) 10,900.50 • 203. Existing Loan(s)taken subject to . 503. Existing Loans)taken subject to Payoff of First Mortgage Loan to US BANK HOME 204. Daily interest credit 504. 130,224.83 _..... . . _... __ ..__. .MORTGAGE...._. . ._.. . _... _._. 205. • 505. 206 Seller Concession toward closing costs and prepaids 4,545.00. 506. Seller Concession .,., 4,545.00. 207. • 507. Payoff to FLORIDA HOUSING FINANCE 2,475.00 CORPORATION 208. 508. Payoff to COLLIER COUNTY BOARD OF COUNTY 2,475.00 COMMISSIONERS 209..._._.... .._._. .._... _. .. _...._... _.. 1509. Adjustments for Items Unpaid by Seller. Adjustments for Items Unpaid by Seller. 210. City/Town Taxes • 510. City/Town Taxes 211. County l Parish Taxes_.... __..... 901.53 511. County/parish Taxes 901.53. 212. Assessments 512. Assessments 220. Total Paid by!for Borrower. 156,201.53 Total Reductions in Amount Due Seller. 151,521.86, 300. Cash at Settlement from Ito Borrower. 600. Cash at Settlement to/from Seller. 301. Gross Amount due from Borrower(line 120) 162,873 65,,.. 601. Gross Amount due to Seller_(line 420) 151,521.86 302. Less Amount Paid by/for Borrower(line 220) 156,201,53, 602. Less Reductions Amount due Seller(line 520),. , 151.521,86 303. Cash From Borrower: $6,672.12 603. Cash From Seller. $0.00 The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting,reviewing,and reporting the data.This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB control number.No confidentiality is assured: this disclosure is mandatory.This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. Previous editions are obsolete HUD-1 Packet Page -744- . . .• Settlement Date:August 23,2013 Loan Number 570228 10/22/2013 16.D.2. L. Settlement Charges . Paid from; Paid from 700.Total Sales/Broker's Commission:$9,090.00 • Borrower's 1 Seller's , Funds at Funds at Division of Commission(line 700)as follows . , , 701. 4,545.00 to THE BLUE GROUP • Settlement 1 Settlement . 702. 4,545.00 to Dream Homes Realty i • 703. Commission Paid at Settlement . I 9,090.00 i 704. Transaction Fee to Dream Homes Realty 250.00 , 705. Transaction Fee to The Blue Group ; 495.00 1 , . 800. Items Payable in Connection with Loan: . . . . .. 801. Our origination charge (from GFE#1)I • $6,845.20 . . 802. Your credit or charge(points)for the specific interest rate chosen (from GFE 42)1 • , . 5-5,76426, • . . 803. Your adjusted origination charges (from GFE VA)I 1,080.94 ... 804. Appraisal Fee (from GFE#3)I. • to Security National Mortgage Company(poc$425.00 by Borrower) • 805. Credit Report Fee Reimbursement (from GFE#3) to TomassoMortgage 67.61 .. . 806. Tax Service I . 807. Flood Certification. #3) ' 1 808. Final Inspection Fee Reimbursement (from GFE to Tomasso Mortgage 150.00 -i 900. Items Required by Lender to be Paid in Advance: .. _ _ ................ ..._ -901. Daily interest charge from Aug 23,2013 to Sep 1,2013 @I 18.8500 /day for 9 days (from GFE#10)I ! to Security National Mortgage Companyt_a Utah Corporation.ISAOA I §bf. Mortgage Insurance Premium (from GFE#3) to Federal Housing,Authority 2,558.451 _ 903. Homeowner's Insurance (from GFE#11)1 to United Propeqy&Casualty Insurance Company 1,544.00 904. Flood Insurance (from GFE#11)I T • to Tower Hill Insurance Company _ 368.00 I 1000.Reserves Deposited with Lender: __I 1001. Initial deposit for your escrow account (from GFE#9) to Security National Mortgage Company,a Utah Corporation,ISAOA 1,623.08.1, 1002. Homeowner's Insurance 3 months 18$128.67 per month , to Security National Mortgage Company,a Utah Cotporation.!SAGA $386.01 ' 1003. Mortgage Insurance @$163.29...p.er month j . 1004. Property Taxes 12 months @$135.26 per month . to Security National Mortgage Company,a Utah Corporation,!SAGA $1,623.12_ ' : 1005. Flood Insurance 3 months 18 532.33 per month I to Security National Mortgage Company,a Utah Corporation,'SAGA $96.99 1 ...ti 1099, Aggregate Adjustment $-483.04 1100.Title Charges: ! 1 1101. Title services and lender's title insurance (from GFE#4)I 800.7., Title Search to Old Republic National Title Insurance Company $85.00 - Overnight/Courier Fees to First Integrity Title,Inc. $80.00! . • - Digital Documentation Storage/Access Fee to Pioneer Records Management $30.00, ..•• ..! - Estoppel Reimbursement to First Integrity Title,Inc. $20.00. I -- 1 1102. Settlement or Closing Fee . to First Integrity Title,Inc. $450.00' 1103. Owner's Title Insurance(Old Republic National Title Insurance Company) (from GFE#5) to First IntegrityTitle,Inc. -. 832 50 .... • 4 1104. Lender's Title Insurance(Old Republic National Title Insurance Company) ' • • to First Integrity Title,Inc. • . . .• - Lender's Premium 525.00 I • - Endorsement 9.1 $85.75 I . • - Endorsement 8.1 $25.00 I : 1105. Lender's Title PoligLimit$148,755.00 1106. Owner's Title Policy Limit$151,500.00 1107. Agent's Portion of the Total Title Insurance Premium $677.77, , 1108. Underwriter's Portion of the Total Title Insurance Premium $290.48 1109. Seller Closing Fee I . to First Integrity Title,Inc. 750 00-- 1200.Government Recording and Transfer Charges: , , 1201. Government Recording Charges (from GFE#7),ij 123.50 j 1202. Deed$18.50 Mortgage$95.00 Releases$10.00 _ 1203. Transfer Taxes (from GFE#8) I 1204. City/County tax/stamps Deed$0.00 Mortgage$0.00 , 1205. State tax/stamps Deed$1.060.50 Mortgage$520.80 1,060.50, 1206. Intangible Tax • to Clerk of the Circuit Court 5297.51 • 1207. Other Tax 2 1300.Additional Settlement Charges: . •!•• . : 1301. Required services that you can shop for (from GEE#6), 325.00; , .... 1302. Survey to Exacta Land Surveyors,Inc. $325.00 1303. FGUA ...it 1304. Wind Mitigation Inspection Fee . to Christopher North Builders,Inc. 125.00' 1400. Total Settlement Charges(Enter on tine 103,Section J and line 502,Section K) $11,351.79 i 510,900.50 • Previous editions are obsolete HUD-1 Packet Page -745- Settlement Date.August 23.2013 Loan Number:570228 10/22/2013 16.D.2. Comparison of Good Faith Estimate(GFE)and HUD Charges Charges That Cannot increase HUD Line No.! Good Faith HUD - _ __. Estimate Our origination charge #801 6,845.20 6,845.20 Your credit or charge(points)for the specific interest rate chosen #802 -5,764-26 5,764.26 Your adjusted origination charges #803 1,080.94 .1,080.94 Transfer taxes _... #1203 1,878.81 Charges That In Total Cannot Increase More Than 10% HUD Line No. Good Faith HUD ----- _..-_ _ Estimate Government Recording Charges #1201 250.50 123.50 Appraisal Fee #804 425.00 425.00 Credit Report Fee Reimbursement #8051 60.00, 67.61 Final Inspection Fee Reimbursement #808 0.00 150.00 Mortgage Insurance Premium #902 2,558.45 2,558.45 Total 3,299.95 3,324.56 Increase between GFE and HUD Charges ... 24.61 0.76% Charges That Can Change HUD Line No Good Faith HUD Estimate, Initial deposit for your escrow account #1001, 1,623.12, 1,623.08 Daily interest charge from Aug 23,2013 to Sep 1,2013 0.18.8500/day for 9 days #901, __. 245.05, 169.65 Homeowner's Insurance #903, 1.283.00, 1,544 00 Flood Insurance #904, 0.00� 388.00 Title services and lenders title insurance #1101 725.00 1 800.75 ,, Owner's Title Insurance #1103! 1,000.00; 832.50 Survey ...-#1302' 500.00 325.00 Loan Terms Your initial loan amount is '$148,755.00 Your loan term is 30 years __.... , Your initial interest rate is ..4.625% Your initial monthly amount owed for principal,interest,and $928.10 includes any mortgage insurance is ,[X)Principal [X]Interest .. .... [X J Mortgage Insurance Can your interest rate rise? X No. ma. [ ] [ ]Yes,it can rise to a maximum of_°!o.The first change will be on and can change again every atter .Every change date,your interest rate can increase or decrease by_%.Over the life of the loan,your interest rate is guaranteed to never be LOWER than %or HIGHER than %. Even if you make payments on time,can your loan balance [X)No. [ )Yes,it can rise to a maximum of$ rise? Even If you make payments on time,can your monthly [X]No. [ )Yes,the first increase can be on and the monthly amount owed amount owed for principal,interest,and mortgage can rise to$ insurance rise? The maximum it can ever rise to is$ Does your loan have a prepaymentpenalty?_ .[X]No.1 ],Yes your maximum.prepayment penalty is$ Does your loan have a balloon payment? ■[X]No. [ ]Yes,you have a balloon payment of$ due in_years on Total monthly amount owed including escrow account [ J You do not have a monthly escrow payment for items,such as property taxes and i payments homeowner's insurance.You must pay these items directly yourself. [X]You have an additional monthly escrow payment of$296.26 that results in a total initial monthly amount owed of$1,224.36.This includes principal,interest,any mortgage insurance and any items checked below: [X]Property taxes [ ] [X J Flood insurance I 1 [X]Homeowner's Insurance [ ) Note If you have any questions about the Settlement Charges and Loan Terms listed on this form,please contact your lender. Previous editions are obsolete HUD-1 Packet Page -746- Settlement Date:August 23,2013 Loan Number 570228 10/22/2013 16.D.2. Buyers • Saul Rodriguez Electina Tabora 3118 43rd Sheet S.W. 3118 43rd Street S.W. • Naples,Florida 341.16. Naples,Florida 34116. _ __.. .._..... _. ,Sellers Scott G.Selznick • • 6650 SW 44th St • • Miami,FL 33155 • _.. .. .. _. _....... --. Property Addresses 3118 43rd Street S.W. Naples,Florida 34116_ __- I have carefully reviewed the HUD-1 Settlement Statement,and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD-1 Settlement Statement. I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement WIRE TRANSFER INSTRUCTIONS: RECEIVING BANK: IBERIABANK,200 W.CONGRESS STREET. LAFAYETTE,LA 70501 ROUTING/ABA#:265 270 413 • • ACCOUNT#:20000756482 CREDIT TO: FIRST INTEGRITY TITLE.INC.,3838 TAMIAMI TRAIL NORTH,STE 301,NAPLES,FL 34103 'PLEASE REFERENCE:FILE#.PRjXEJ2TY ADDRESS,BORROWER/BUYER Borrower-c.�a+-..rte--�. ..-_ _... _. Seller Saul Rodnguez Scott G.Selznick I i Borrower: --- ---_- _- - Electina Tabora The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this state r Date: August 23.2013 Settlement Agent: • • -- -- --- -•-or( WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form.Penalties upon conviction can include a fine and imprisonment. For details see Title 18 U.S Code Section 1001 and Section 1010. • • • • • ._... _... -... _ HUD-1 f' Previous editions are obsolete Packet Page-747- 10/22/2013 16 D 2 en —, = = = PQ .T.... 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