Agenda 07/24/2012 Item #16D 87/24/2012 Item 16.D.8.
EXECUTIVE SUMMARY
Recommendation to approve one (1) satisfaction of mortgage to Big Cypress Housing Corporation
for a State Housing Initiatives Partnership Program (SHIP) loan repayment issued to Collier
County.
OBJECTIVE: Approve one (1) satisfaction of mortgage.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable
housing grant, awarded a mortgage in the amount of $237,000 on May 2, 2002 to Big Cypress Housing
Corporation, a Florida Non - Profit Corporation for land acquisition for the new construction of 79 rental
housing apartments for very-low and low- income income individuals at Main Street Village Apartments
in Immokalee, Florida.
The Housing, Human & Veteran Services (HHVS) department became aware that the monthly payments
due on the loan were past due during a compliance review in November 2011; HHVS immediately
contacted Big Cypress Housing Corporation and requested prompt payment. On November 11, 2011 a
payoff check was issued for the total principal payment in the amount of $237,000.00 owed on the
mortgage. Funds were deposited to the SHIP Trust fund and a satisfaction of mortgage was prepared for
release.
During the review process, the Clerk of Courts Finance Department determined an interest penalty was
due in order to satisfy the terms of the note. The conditions of interest as noted on the Promissory Note
states the following; "Interest on this note shall be zero percent (0%) per annum; except that if I /We fail
to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date
when payment o of this Note is due until I /We pay it in full. "
HHVS received further guidance from County Attorney's Office and a final determination was made that
an additional amount of $29,686.00 of accrued interest was due and payable to the SHIP Trust Fund. Big
Cypress Housing Corporation was notified of the additional interest imposed and the payoff amount. On
5/30/2012 payment in the amount of $29,686.00 was received (check date: 5/23/2012, check number
1736).
The following table details funds repaid by Big Cypress Housing Corporation thus satisfying the
mortgage terns is entitled to a satisfaction of mortgage.
Security Instrument Detail
Payoff Date
Payoff Amount
SHIP Mortgage
11/18/2011
$237,000.00
Accrued Interest
5/23/2012
$29,686.00
Approval of this item will authorize the Chairman to sign the aforementioned satisfaction of mortgage
and the executed documents shall be recorded in the Public Records of Collier County, Florida.
FISCAL IMPACT: SHIP funds in the amount of $266,686.00 have been repaid to SHIP Trust Fund 791
and are considered program income. Such funds may be reused for eligible SHIP program activities.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
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7/24/2012 Item 16.D.8.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. —JW
STAFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) satisfaction of
mortgage to Big Cypress Housing Corporation for SHIP loan repayment.
PREPARED BY: Kristi Sonntag, Manager Federal /State Grants, Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8.
7/24/2012 Item 16.D.8.
Item Summary: Recommendation to approve one (1) satisfaction of mortgage to Big
Cypress Housing Corporation for a State Housing Initiatives Partnership Program (SHIP) loan
repayment issued to Collier County.
Meeting Date: 7/24/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
6/20/2012 4:09:52 PM
Submitted by
Title: VALUE MISSING
Name: SonntagKristi
6/20/2012 4:09:53 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 6/21/2012 8:39:15 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 6/28/2012 2:45:21 PM
Name: SonntagKristi
Date: 6/29/2012 9:23:34 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 6/29/2012 9:50:09 AM
Name: WrightJeff
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7/24/2012 Item 16.D.8.
Title: Assistant County Attorney,County Attorney
Date: 7/10/2012 4:45:25 PM
Name: CamellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 7/12/2012 3:07:05 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/16/2012 9:53:44 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/16/2012 10:02:36 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 7/16/2012 2:08:08 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 7/16/2012 3:30:49 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 7/16/2012 5:03:48 PM
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Prepared by:
Collier County
Housing, Human & Veteran Services
3339 E. Tamiami Trail
Naples, FL 34112
SATISFACTION OF MORTGAGE
7/24/2012 Item 16.D.8.
THIS SPACE FOR RECORDING
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Big Cypress Housing Corporation to COLLIER COUNTY, bearing the date of
May 2, 2002, recorded on June 27,2002 in Official Records Book 3062, Page 3411, of the Public
Records of Collier County, Florida, securing a principal sum of $237,000.00 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: Tract B of Roberts Ridge, a subdivision recorded in Plat Book 25, Pages 100 and
101 of the Public Records of Collier County, Florida (Main Street Village Apartments.)
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 , 2012.
ATTEST:
DWIGHT E. BROCK, Clerk
LI
, Deputy Clerk
Approved as to form and
legal- sufficiency:
Jeff E. Wright
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
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Packet Page -2552-
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7/24/2012 Item 16.D.8.
14ORTGME
Security Muntrumont
THIS SECURITY INSTRUMENT is given on : %s v � 2002. The Borrower is:
Corporation
(`Borrower'). This Security Instrument is given to Collier County ('Lender'), which is organized
and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe
Drive, Naples, Florida 34016 . Borrower owes Lender the sum of Two Sundrod Thirty -Seven
Thousand Dollars (U,9.�'54: 00040 ). This debt is evidenced by Borrower's Note dated the same date as
this Security Instrument which provides for monthly payments, with the full debt. it will paid earlier, due and payable on
2012. 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 surns. with interest
advanced under paragraph 7 to protect the securityof# Becurily�r — trument; and (c) the performance of Borrowers
covenants and agreements under this Security inbtruQfil £i dlhe+NOlet .rbr this purpose, Borrower does hereby third
mortgage, grant and convey to Lender the loll6w,rtg6e96i betl proP@rtYyiwe[ed in Collier County, Florida.
As more particularly described m AachmarRX (Legal Description) and which has the address of:
('Property Address'): Kfiin !6tr4aE`•Yi11eIJeApnrtmant:a 's,
TOOETMER WITH, all the H!p4enianls 6v? a )rer §�ne�TeraclIt � the propgrty, and all easements, ngnts,
appurtenances, rents, royalties, miniffe1; 0a0d ddsrigtttd ar(di2roH)s, water nghfs hd 9rock end sir fixtures now at
hereafter a part of the party. All ll�k8cg@rne6ts and iddh ons Oik also Cij oowefed:by the Security instrument. All at the
foregoing Is referred to In this Seca" I.niliument as the "PropeAy,'ir,, i � /J
BORROWER COVENANTS'theL8orrower is lawfully seized oEthe esters iaby conveyed and has the tight to
mortgage, grant and convey the PropieWard ttiat the Property is w rericumbered. t4xcept for oncumbrances of record. This
Mortgage-Security Instrument (and the Ind6bledness secured hereby) shaiY69 iub6idinate to a first mortgage w(in the
United States Department of Agriculture In ih§ and to a second mortgage with
the Florida Maiming Finance Corporation In the amgliliF:Oh£328o';goixuo'(See txtd Mortgage'). Borrower warrants and will
defend generally the tbte to the Property against sit cte)frir' ads, subject to any encumbrances Of record.
CO
THIS SECURITY INSTRUMENT combines unlforrri Venants for national use and non•unilorm covenants with
limited varlattan by Jurisdiction to constitute a uniform security instrument covering real property,
UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows:
1. Payment of Principei and Interest; Prepayment and Late Charges. Borrower shag promptly pay when due
the principal of and Interest on the debt evidenced by the Note.
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)(t) ail 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 and improvement of the Property. and (31 all assessments nr omer `rove.mmmnte!
charges that may lawfully be paid In inwagmenla 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: first, to Interest due; arid, to principal due; and last, to any late charges due under the Note.
4. Cherge6; Lima, 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, it any. Borrower
shag promptly furnish to Lender all notices at amounts to be paid under this paragraph, and alrti.+tepts evidencing the
payments.
Borrower shell promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a)
agrees in writing to the payment at the obligation secured by the Ilan in a manner acceptable to Lender, (b) contests In goal
faith the Ran by, or defends against enforcement of the lion 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, 11 Lender determines that any part of the Properly is subject to a lien
which may attain priority over the Beautify Instrument, Lender may give Borrower a notice identifying the lien. Borrower
shall satlefy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
6. Protaetlon of Lenders Rights in the Properly. If Borrower tails to perform the covenants and agreements
contained In this Security instrument, er there is a legal proceeding that may significantly affect Lenders rights in the
Property (such as a proceeding in bankruptcy, probate. for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the
Property. Lenders eclions may include paying any sums secured bye lien which has priority over this Security Instrument,
appearing In court, paying reasonable attomsys' lees and entering on the Property to make repairs. Ahhough Lender may
take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph
V shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other
Packet Page -2554-
i'.
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3005856 OR; 3062 PG; .3411
w
RICORDID in OFFICIAL RICORDS of COLLIIR CODRT9, FL
0611711001 at 01:01FH DWIGHT 8. BROCR, CLiRI
081,11 231000.00
Prepared by:
RIC 181 11.50
Collier County
00C -.35 829,50
Housing and Urban Improvement Dept,
Mr. Cormae Giblin. NUl Manager
Retil:
2800 N. Horseshoe Dr.
WILLIR li LOSHIR
Naplcs, Fl. 34104
63 Hi( 16 STRIiT
941- 403 -2330
RORISTIAD it 33030
THIS SPACE FOR RECORDING
14ORTGME
Security Muntrumont
THIS SECURITY INSTRUMENT is given on : %s v � 2002. The Borrower is:
Corporation
(`Borrower'). This Security Instrument is given to Collier County ('Lender'), which is organized
and existing under the laws of the United States of America, and whose address is 2800 North Horseshoe
Drive, Naples, Florida 34016 . Borrower owes Lender the sum of Two Sundrod Thirty -Seven
Thousand Dollars (U,9.�'54: 00040 ). This debt is evidenced by Borrower's Note dated the same date as
this Security Instrument which provides for monthly payments, with the full debt. it will paid earlier, due and payable on
2012. 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 surns. with interest
advanced under paragraph 7 to protect the securityof# Becurily�r — trument; and (c) the performance of Borrowers
covenants and agreements under this Security inbtruQfil £i dlhe+NOlet .rbr this purpose, Borrower does hereby third
mortgage, grant and convey to Lender the loll6w,rtg6e96i betl proP@rtYyiwe[ed in Collier County, Florida.
As more particularly described m AachmarRX (Legal Description) and which has the address of:
('Property Address'): Kfiin !6tr4aE`•Yi11eIJeApnrtmant:a 's,
TOOETMER WITH, all the H!p4enianls 6v? a )rer §�ne�TeraclIt � the propgrty, and all easements, ngnts,
appurtenances, rents, royalties, miniffe1; 0a0d ddsrigtttd ar(di2roH)s, water nghfs hd 9rock end sir fixtures now at
hereafter a part of the party. All ll�k8cg@rne6ts and iddh ons Oik also Cij oowefed:by the Security instrument. All at the
foregoing Is referred to In this Seca" I.niliument as the "PropeAy,'ir,, i � /J
BORROWER COVENANTS'theL8orrower is lawfully seized oEthe esters iaby conveyed and has the tight to
mortgage, grant and convey the PropieWard ttiat the Property is w rericumbered. t4xcept for oncumbrances of record. This
Mortgage-Security Instrument (and the Ind6bledness secured hereby) shaiY69 iub6idinate to a first mortgage w(in the
United States Department of Agriculture In ih§ and to a second mortgage with
the Florida Maiming Finance Corporation In the amgliliF:Oh£328o';goixuo'(See txtd Mortgage'). Borrower warrants and will
defend generally the tbte to the Property against sit cte)frir' ads, subject to any encumbrances Of record.
CO
THIS SECURITY INSTRUMENT combines unlforrri Venants for national use and non•unilorm covenants with
limited varlattan by Jurisdiction to constitute a uniform security instrument covering real property,
UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows:
1. Payment of Principei and Interest; Prepayment and Late Charges. Borrower shag promptly pay when due
the principal of and Interest on the debt evidenced by the Note.
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)(t) ail 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 and improvement of the Property. and (31 all assessments nr omer `rove.mmmnte!
charges that may lawfully be paid In inwagmenla 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: first, to Interest due; arid, to principal due; and last, to any late charges due under the Note.
4. Cherge6; Lima, 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, it any. Borrower
shag promptly furnish to Lender all notices at amounts to be paid under this paragraph, and alrti.+tepts evidencing the
payments.
Borrower shell promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a)
agrees in writing to the payment at the obligation secured by the Ilan in a manner acceptable to Lender, (b) contests In goal
faith the Ran by, or defends against enforcement of the lion 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, 11 Lender determines that any part of the Properly is subject to a lien
which may attain priority over the Beautify Instrument, Lender may give Borrower a notice identifying the lien. Borrower
shall satlefy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
6. Protaetlon of Lenders Rights in the Properly. If Borrower tails to perform the covenants and agreements
contained In this Security instrument, er there is a legal proceeding that may significantly affect Lenders rights in the
Property (such as a proceeding in bankruptcy, probate. for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the
Property. Lenders eclions may include paying any sums secured bye lien which has priority over this Security Instrument,
appearing In court, paying reasonable attomsys' lees and entering on the Property to make repairs. Ahhough Lender may
take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph
V shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other
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7/24/2012 Item 16.D.8.
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.
6, InepecUon. Lender or its agent may make reasonable entries upon and inspections of the Property. Lander
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
7, Condemnation, The proceeds d any award or claim for damages, direct or consequential. in connection with
any condemnation or other taking of any pan of the Property. or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender. in the event of a total taking of the Property. the proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a
partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower
and Lender otherwise agree in writing, the sums secured by this.Security Instrument shall be reduced by the amount of the
proceeds multiplied by the following fraction: (a) the total amount of (he sums secured immediately before the taking, divided
by (b) the tail market value d 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 d the Properly immediately before the taking is less
than the amount of the sums secured immediately for the taking: uptess Borrower and Lender otherwise agree in wring or
unless applicable low 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. tiny application of proceeds
to principal shell not extend or postpone the due date of the monthly payments referred to in paragraphs t or change the
amount of such payments.
S, Borrower Not Released, Forbearance By Lander Not a Waiver, Extension of the time for payment of
modification of amortization of the sums secured by this Security instrument granted by Lender to any successor m interest
of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors to 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
hot be a waiver of or preclude the exercise of any right or remedy.
9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements
of this Security Instrument shelf 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 pint 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, grata 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, lorbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
Borrowers consent. _._.___
10. Loan Charges. If the loan secured¢y this 5Igcrunty l{+sliumam is subject to a raw which sets maximum roan
07G
charges, and that law Is finally interpreted so that Ih6 inWre3i one l ar`toim6arges collected or to be cettecled m connection
with the loan exceed the permitted limits, th�r(i. (isJSarijr�uch loan ChaPge:S Jlf•be reduced by the amount necessary to
reduce the charge to the permitted limit; and (b }�riy sums already collectii6iroll4r8orrower which exceeded permitted limas
will be refunded to Borrower. Lender may chgose to make this refund by redi6ng the principal owed under the Note or by
C .A
0
making a direct payment to Borrower, !( a tgqtfund,teduces principal,tl)a reduetiolt will be treated as a partial pmpayment
without any prepayment charge undeGrthe t(ole.'"
11. Notices. Any notica fat3orr a*provit. 11 in tn�s Sectt�,ry.lns1ru*nt wait be given by delivering it or by
mailing It by first class mall unless afipac e I w heduiredirs3 o �m 4 g8 The notice shall be directed 10 the
Property Address or any other address B ro er desig(taI bur o)(caab Lg d4t. v notice to Lender %hall bn oker in
T•,
- -
8urroneror Lender when given aspfi „nd6 tturrttAlt)is a repryr •�
� 8 by federal law and the law of the
W
goya_n
12 Governing Law; Severe _n This Saerrriry'1nsTntrrldnt she
jurisdiction In which the Property is lohlerl:; In the event that any prtil�rtsion of ctaulseot1his Security Instrument or the Note
,�
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conflicts with applicable law, such conHictAll not affect other provis'Ahs of {his Secur fy instrument orthe Note which can
be given effect without the conflicting prvvisioh To this end the Qrovislliris. lfI6!SEoLrity Instrument and the Note are
r'
declared to be severable. A ..
13. Borrower's Copy. Borrowerstfajfpee'giy_en one conformed CV,011he Note and of this Security Instrument.
Property
14, Tranater of the Property ore 9slteflgly trtterest iq:p.orr"OF.I It all or any pan of the or any
interest in d is sold or transferred (or tf --- neliciallinnt[Cefealnq 8onr Jterl5 sold Or transferred and Borrower is rrot a natural
person) without Lenders prior written consent. Lender iisrat its option, require immediate payment in lull of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender it exercise is prohibited by
lederat law as of the date of this Security Instrument.
If Lender exercised this option, Lender shall give Borrower nonce of acceleration. The notice shall provide a period of not
less then 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
security Instrument, It Borrower faits to pay these sums prior to the expiration of this period. Lender may invoke any
remedies permitted by [his Security Instrument without further nonce or demand on Borrower,
16, Borrowur's Right to Reinstate. It Borrower meats certain conditions, Borrower shall have the fight 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: la)
Days Lander all sums which then woairl he dtie under this cecdriq, Irslms+wnt and !ho '!tic c:! a eccc:a,at oft tau
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 tees: and (d) takes such action as Lender may
reasonably require to assure that the (ien of this Security Instrument. Lenders rights in the Property and Borrowers
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,
this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
16, Sate of Note; Change 01 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 cdleors monthly payments due Ender 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. It there is a change of the Loan Servicer,
Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will
state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
also contain any other information required by applicable law.
17. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Properly. 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 Properly of small quantities of Hazardous Substances that are generally recognized to be appropriate
to normal residential uses and to maintenance of the Properly.
Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private pany involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. 11 Borrower reams, or is notified by any governmental or regulatory authonty.
that any removal or other remedialion of any Hazardous Substance affecting the Properly is necessary. Borrower shag
promptly take all necessary rema iai actions in accordance with Environmental Law.
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7/24/2012 Item 16.D.8
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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
radwaotive materials. As used in Ibis 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.
18. Aeaderation; Ftenaidles. 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 (W the action required to cure the detaut; (c) a
dale, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that
feature to cure the delault on or before The dale specified in the nonce may result in acceleration of the sums secured by Ibis
Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall lurtner inform Borrower of
the right to reinstate after acceleration and The right to assert in the forectmre proceeding the non-existence of a default or
any other defense of Borrower to acceleration and foreclosure a 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 Instrurientby judicial proceeding. Lender shall be entitled to collect
all expenses incurred In pursuing the remedies provided In this paragraph 21, including. but riot limited to, reasonable
attorney's lees and costs of the title evidence.
19. Relation. 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.
20. Attorneys' Fees. As used in this Security Instrument and the Note. 'attorneys' fees' shall include any
attorneys' lees awarded by an appellate court.
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: Big Cypress Housing Corprorati# a Florida Non.
WilnessRL fir: ::�;.'w'��ft,r( `� _ Signatrce' �r r �• _
CARAfa n R4 Borr. , r. Ste Kirk, Idant a Cana
Signature: "OC►
WltnessR2�JKrdrn�' J34'i? <.�L)t o
Signature; it
Address: i u( h l 3 �3�-Jy c �►
STATE OF Florida
COUNTY OF Miami Dade
The foregoing Mortgage was aI6k"
Housing Corporation, a Fiorida Ooh
name)
to me or has produced _
c fo &,I& of sufficiency
County Attorney
WCONAI p�� w:
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1-4�ly Steven Kirk of Big Cypress w
(name) (corporation •r'•
: orporation, a Ftohdh 0qi oratio . He is personally known
r{I ? :' 't l •:.t- as identification: --
`%fir
sig ure of person taking acknowledgment
name'ol person tg,ed., stamped
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title r
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7/24/2012 Item 16.D.8.
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PROMISSORY NOTE
2002
Borrower. Big Cypress Housing Corporation, a Florida Non - Profit Corporation.
Main Street Village Apartments Immokalee Florida
(Property Address) (City) (State)
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BORROWER(S) PROMISE TO PAY: !/We promise to pay Two Hundred Thirty -Seven Thousand
Dollars ($237,000.00) (this amount will be called "principal ") to the order of Collier
County or to any other holder of this Note (the "Lender "), whose address is 2800
Horseshoe Drive North, Naples, Florida 31104. I /We understand that the Lender may
transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note will be called the "Note Holder ".
INTEREST: Interest on this Note shall be zero percent (0 %) per annum; except that if I/We
fail to pay this Note as required, the interest rate shall be twelve percent (12 %) per
annum from the date when payment of this Note is due until I /ode pay it in full.
PAYMENTS: Principal payments of $59,250.00 shall be made yearly beginning on
I ( 1 2009 to the Collier County Housing and Urban Improvement Department until
payment in full is received by Ali 2012. My /our total payment shall be
U.S. $237,000.00.
BORROWER'S RIGHT To PREPAY: I /We have the right to make payments of principal at anv time
before they are due. A payment of principal only is known as a "prepayment ". When I(We
make a prepayment, !/we will tell the Note Holder in writing that I /we am doing so.
I /We may make a full prepayment or partial prepayment charge. The Note Holder will use all
of my prepayments to reduce the amount of the principal that I owe under this Note. If
I /We make a. partial prepayment, there will be no changes in the due date or in the amount
of my monthly payment unless_ the Note Holder agrees in writing to those changes. If I /We
make a partial prepayment, there will be no prepayment penalty adhering to or associated
with such prepayment
LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is
finally interpreted so that the interest or other loan charges collected or to be collected
in connection with this loan exceed the permitted limits: then (i) any such loan charges
shall be reduced by the amount necessary to reduce the charges to the permitted limit; and
(ii) any sums already collected from me which exceeded permitted limits will be refunded to
me /us. The Note Holder may choose to make this refund by reducing the principal that I /We
owe under this Note or by making a direct payment to me /us. If a refund reduces principal,
the reduction will be treated as a partial prepayment.
SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument_ is
subject and subordinate in all respects to the liens, terms, covenants and conditions of
any First and/ or Second mortgage and to all advances heretofore made or which may
hereafter be made pursuant to the First and/ or Second mortgage including all sums advanced
for the purpose of (a) protecting or further securing the lien of the First and/ or Second
mortgage, curing defaults by the Borrower under the First and/ or Second mortgage or for
any other purpose expressly permitted by the First and or Second mortgage or (b)
constructing, renovating, repairing, furnishing, fix_turing or equipping the Property. The
terms and provisions of the First and; or Second mortgage are paramount and controlling,
and they supersede any other terms and provisions hereof in conflict therewith. in the
event of a foreclosure or deed in lieu of foreclosure of the First and/ or Second mortgage,
any provisions herein or any provision=_ in any other collateral agreement restricting the
use of the Property to low or moderate income households or otherwise restricting the
Borrower's ability to sell the Property shall have no further force or effect on subsequent
owners or purchasers of the Property. Any person, including his successors or assigns
(other than the Borrower or a related entity of the Borrower) , receiving title to the
Property through a foreclosure or deed in lieu of foreclosure of the First and/ or Second
mortgage shall receive title to the Property free and clear from =_�.,ch restrictions.
Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in
lieu of foreclosure, the lien of this Security Instrument shall automatically terminate
upon the Senior Lien Holder's acquisition of title, provided that (i) the Lender has been
given written notice of a default under the First and/ or Second mortgage and (ii) the
Lender shall not have cured the default under the First and/ or Second mortgage within the
30 -day period provided in such notice sent to the Lender.
This Promissory Note (and the indebtedness secured hereby) shall be subordinate to a first
mortgage with the United States Department of Agriculture in the amount of $2,500,000.00
( "First Mortgage"), and to a second mortgage with the Florida Finance Housing Corporation
in the amount of $3,280,000.00 ( "Second Mortgage ").
BORROWER(S) FAILURE TO PAY AS REQUESTED:
(A) Default
If I /we do not pay the full amount as required in Section 3 above, I /we will be in default.
If I am in default, the Note Holder may bring about any actions not prohibited by
applicable law and require me /us to pay the Note Holder's cost and expenses as described in
(B) below.
(B) Payment of Note Holder's Cost and Expenses
if the Note Holder takes such actions as described above, the Note Holder will have the
right to be paid back for all of its costs and expenses, including, but not limited to,
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reasonable attorneys' fees.
GIVING OF NOTICES: Unless applicable law required a different method, any notice that must
be given to me /us under the Note will be given by delivering it or by mailing it by first
class mail to me at the Property Address on Page 1 or at a different address if I /we give
the Note Holder a notice of my /our different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) or at a
different address if I /we have been given a notice of that different address.
OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each
person is fully and personally obligated to keep all of the promises made ir_ this Note,
including the promise to pay the full amount owed. Any person who is a guarantor, surety
or endorser of this Note is also obligated to do these things. Any person who takes over
these obligations, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in this Note. The Note Holder may
enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed
under this Note_
1. WAIVERS: I and any other person who has obligations under this Note waive the rights of
presentment and notice of dishonor. "Presentment" means the right to require the Note
Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require
the Note Holder to give notice to other persons that amounts due have not been paid.
L. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some
jurisdictions. In addition to the protection given to the Note Holder under this Note, a
Mortgage, Deed of Trust or Security Deed (the "Security Instrument ") , dated the same date
as this Note, protects the Note Holder from possible losses which might result if I /we do
not keep the promises which I /we make in this Note. That Security Instrument describes how
and under what conditions I /we may be required to make immediate payment in full of all
amounts I /we owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial 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 or 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 exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than thirty (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(s) fail 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.
Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds
hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to
collect and apply such proceeds in accordance with the First Deed of Trust.
12. This note is governed and construed in accordance with the Laws of the State of Florida.
WITNESS HAM (S) AND EAL(S) OF THE UNDERSIGNED.
� (Seal)
So rr er Steven Kirk, President & CEO
ig Cypress Housing Corporation, a Florida Non - Profit
Corporation
RETURN TO: Collier County Housing & Urban Improvement Department
2800 North Horseshoe Drive
Naples, FL 34104
Phone: (941) 403 -2330 Fax: (941) 403 -2331