Agenda 09/11/2012 Item #16D11A 1?
EXECUTIVE SUMMARY
Recommendation to approve one (1) satisfaction of mortgage for State Housing Initiatives
Partnership Program (SHIP) for repayment in the amount of $1,205,91 in accordance with the
Board's Short Sale Policy.
OBJECTIVE: Approve and authorize the Chairman to sign one (1) 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 forgiveness of down payment assistance in
the amount of 6% of the Collier County loan amount or $6,000.00 (whichever is less) 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 recipients will not receive funds from the short sale.
Recipients Name
Security Instrument
Payoff Amount
Public Record
Mliguel A. Huapilla and
Mlagali Torres- Hernandez
SHIP Second Mortgag
520,098.50
$1.205.91 (61ro of the
second mortgage)
OR Book: 4395,
PG: 3019
Approval of this item will authorize the Chairman to sign the aforementioned satisfaction o:_ mortgage fo-
recordnng it the Pubiic Records of Collier Count;. Florida.
FISCAL IMPACT: SHIP funds in the amount of $1,205,9; have been repaid and are considered
program income. Such funds may be reused for eligible SHIP program activities. The ten dollar ($10.00)
recording fee will be paid by the recipient.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally
sufficient, and requires majority vote for Board approval. - JBW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: Approve and authorize the Chairman to sign one (1) satisfaction of mortgage
for owner- occupied affordable housing unit that has satisfied the terms of the Short Sale Policy.
Prepared By: Kimberley Grant, Interim Director, Housing, Human and Veteran Services
Packet Page -2956-
COLLIER COUNT'
Board of County Commissioners
Item Number: 16.D.11.
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.
Meeting Date: 9/11/2012
Prepared By
Name: CarrLisa
Title: SHIP Program Coordinator
8/15/2012 7:48:29 AM
Submitted by
Title: SHIP Program Coordinator
Name: CarrLisa
8/15/2012 7:48:30 AM
Approved By
Name: GrantKimberlev
Title: Interim Director, HHVS
Date: 8/18/2012 4:08:01 PM
Name: Sonnta- , isti
Date: 8/23/2012 12:39:49 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 8/23/2012 4:26:01 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 8/28/2012 11:40:33 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Packet Page -2957-
Date: 8/29/2012 8:05:47 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/29/2012 3:42:30 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 8/31/2012 3:13:34 PM
Name: OchsLeo
Title: County Manager
Date: 9/1/2012 2:52:08 PM
Packet Page -2958-
a! /2) 1 t r, 1
Prepared by: Lisa N. Carr
Collier County
Housing, Human & Veteran Services
3339 E. Tamiami Trail
Naples, FL 34112
r� r7C' 4 • Ito— l
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 Miguel A. Huapilla and Magail Torres - Hernandez to COLLIER COUNTY,
bearing the date of July 30, 2008, recorded September 23, 2008, in Official Records Book 4395 Page
3019, of the Public Records of Collier County, Florida, securing a principal sum of $20,098.50 and
certain promises and obligations set forth in said Mortgage, upon the property situated in said State and
County as more fully described in said 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 of record.
Dated this day of 2012.
ATTEST:
BOARD OF COUNTi` COMMISSIONERS
DWIGHT E. BROCh, Clerk COLLIER COUNTY. FLORIDA
Approved as to form and
legal sufficiency:
Jeenn�White
Assistant County Attorney
By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Packet Page -2959-
Collier county
Housing- Human and Veterstt Services Department
State Housing Initiatives Partnenhip Program
SHOR -T SALE APPLICATION
Recipient(s) name: I%% /G Ljt 4 J� fLL t%
Reciptant(s) address. �J S T�i'!9 r= / - r'' AL1.4) 1S 4 FS
First Mortgage Lender;
,friiiKipal Balaucc: .
Approved Short Salc Amount:
Net Proceeds to Recipient:
SHIP hiortgagc Amount:
SHIP Fife Number,
Date Recorded:
Required Repayment Amount:
Amount Paid by Lender:
Amount Paid by Other.
Nct Proceeds to Recipient:
First Mortggee Information
//z1
;-s� < <r
SHIP Second MonSMyI,nfom atio p
2. � • i.a
OFFICE USE O%LY
7 e WPRE- APPROVED
In IV S Staff Date
OPAPPROVED - PREPARE SATISFACTION
1411 VS Director or htslher designee Date jj DENIED - PREPARE PAYOFF
Packet Page -2960-
Aug 13,2012 SMG Arrowhead / Huapilla / D Brown
FMO -4012 956 Trafford Isles Circle #105
PAY
1,205.91
. , ..
PATRIOT TITLE SERVICES, LLC SOUTHWEST CAPITAL BANK 33031
ESCROW ACCOUNT FT. MYERS, FL
2075 WEST FIRST STREET, SUITE 204
63-1597/670
FORT MYERS, FLORIDA 33901
(239) 332 -8485 August 13, 2012
SMG
* *One Thousand Two Hundred Five dollars & Ninety One cents **
' Off' COUNTY COMMISSIONERS ��I
COLLIER COUNTY s ®ARD
TO THE � ViDID AFTER 90 DAY:
OFIDEF
File No. FMO -4012 Arrowhead / Huapilla / D Brown �AOOFUZED SIGNATURE
Packet Page -2961-
* *S I,2Q -.91
alx: V:
ltCO1Dt: >: VPICi BBCORD C' MLLIit: C011111'. I.
09123!200 ere 01:54Nl DIIGE`:- L. 210M- CL!&
SECOND NORTGAGF. OBLO 20090.51,
06I 21041,50
IIC in 11.00
tau:
10t1H 111112CU ?Ila CO
PICK R
THIS SECOND MORTGAGE CSatxrhty Insirtxmnerfl Is given on July 300,20M. The Second Mortgagor is:
Miguel a Nuicolls, a married man Joined by his wife, 911apali Tomes- 14amandez
I Its° F � R ,
('Borrower"). This Security Irstnrnent Is gloat to Collier Comity ("Lander). which Is organized and vdating under
the laws of the United States of America, slid whose address Is 3301 Z. Taniani Trail, Raples, Florida 34112 .
Borrower own Lender the sum of Twenty Thousand Ninety Eight and 501100 Dollars (20,099.50). This debt is
eh4dnoed by Borrowers Note dated the same date ss this Security Instrument ("Second Mor%ne "), which provides for morxwy payments.
wan the fv9 debt, ti rot paid enfm due and payable ell sale or property, refinance, or loss of hcm mteed
exemption . This Security Instrument secures to Larder. (a) the repayment d the debt evidenced by the Note, with irhtass and ail
rerowWs, edwagom and : (b) the payment of all other sums, with Interest advanced under paragraph 7 to III the security of
the Security Irmbumer ; and (c) the performance or Borrowers eovenarts and agreemerta under am Security Instrument and the Note. For
on purpose. Borrower does hereby second mortgage. grard and convey to Lender the followirg decrbed property bebbd in Collier
County, Florlds.
As more particularly described as:
Udt 106, Buading 1, of TOWN(OMEa 1 d TRAFFORD ISLES, A CondaniMum, acoocdIng to the Declaration of CoaOonhslun thereof,
ere recorded In OlBclaf Records Book 432$ Page 1799, of the Public Records of Collier County, Florida, as amended
and which has am address of:
("Properly Address*): 956 Trafford Islas Ct *105B, limokales, rL 34142
TOGETHER WITH as the Improvemets now or hereafter on the property. aid all easements, rights. �, rents.
royalties, mineral, OR and gas rights and profits, Wain rights
now or hersa ter a that or the property. All
and additions shell also be covered by the Seurity Irks e0��
to in this Security Intranet as the "Property.
BORROWER COVENANTS that Borrower
y7te�lzed of the conveyed and has the right to mortgage, grant and
convey the Property and but the Property is u
sxrbpt for enasn Borrower wanrants and will defend ga ashy
We title to the Prop" agakmt all claims and
to arry encumbrancer;
THIS SECURITY INSTRUMENT com i
n its icc0iarhal use Norm covenants with limited variation by
jurisdiction to constitute a uniform security'
1
UNIFORM COVENANTS. Borrower
n
1. Payment of Principal and Inte
t e s h promptly Pay when due the principal d and
interest on the debt evidenced by me Note.
2. Tasas. The Mortgagor will pay I
or 44, to the accrual of any penaties or interest
The Mortgagor shall pay or cause o . as she same respect t) all tees and govamhahlal da:ges of any
kind w haftever which may at a y time be I eased or levied agaithe Property. (2) all Way and other charges.
incl ding •service Charges ", incurred or krposed stion, maintenance . upkeep and Improvement of the Property. and
(3) all assessments or other governmental Iswfully be paid In Ita period of yeas, the Mortgagor shell be
obligated under the Mortgage to pay or cease lo bs installments 'red to be paid during the term of the Mortgage, and
shall. promptly after the payment of any of the foregol of such payment.
A Application of Payments. Unless applicable payments received by Lender shall be applied; first, to
Intafeat due; and, to principal due: and last to any I>ae clnge
4. Charges; Lions. Borrower shall pay all tic ars. resew m ants . charge, fines and impcmelons NWh gable to the Property Which may
attain priority over this Security Instrument, and leasehold payments or ground rents, t ay. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph, and all receipts evkfencng the payments.
Borrower shah promptly discharge any lien which Ins riority over aria Setarf 1 e yttlase Borrower. (a) spares in writing to
We rc payment e of the seignior seared di the riea bio r�s�i eo l
enforcement d the inn In, k+ugd proceedings which m t e enders oDIniern o� s o p e o/TFI
the holder of the Man an agreement sadsfatlory to Lender subordinating the lien to tuts Security MsmmerrL If Lender dsisrnir es that any pert
of the Property is subject to a fien which may shin priority over the Security Instrument. Lender may give Borrower a tgtioa identifying the lien.
Borrower shall satisfy the fen or take one or more of the act set torth above within 10 days of the giving of notice.
5. Harvard or Property Insurance. Borrower shall keep the Improvernents now wising or hereafter erected on the Property Insured
against loss by Me, hazards indiAed within the term "mdanded coverage" and any other heads, including floods or floodrg, for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods Me Lender requires. The Insurance carrier
provk hrg the Insurance shaft be chosen by Borrower subject to Lenders approval which shalt rtrt be urvessonebly wthiheld. If Bomower fills b
maintain coverage described above, Lender may, at Landers option, obtain oovwne to protect Lenders rights in the Property in accordance
with paragraph 7. At all limes that the Note Is outstanding. the Mortgagor shall maintain Insurance with respect to to Premises against such
risks and for such amounts s s are customarily insured against and pay. as the same, became due and payable, a0 prernkns in rasped thereto,
including, but not limited to, a/ -risk hsuranoe protesting the iftm of the Mortpagar and Mortgagee against loss or damage to the Prembes
by fire, lightning, and other casualties customarily Insured agairat (inc kx*g boas egI ion, t appropriate). with a hn%rhn standard aI
coverage andotsernent. thduding debris removal coverage. Such insurance at all times to be in an emou t not loss than the full replacement
cost of the Prey ises, aueialve d footings and foundations.
A0 insurance policies and renewals shat be acceptable o Larder and shall Include a standard .naftg8ga dawn. LarKW shall have
the right to hold the policies and renew". M Laura requires, Borrower shall promptly give to Lender all recants of paid premium and rethewel
noticea. In the event of loss, Borrower shag give prompt ratite to the Insurance carrier and Lender. Lender may make prod of loss i not made
promptly by Borrower.
Unless Lerch and Borrower othenMse agree In writing. Insurance proceeds shat be applied to restoration or repair of the Property
damaged, If the restoration or repair is economically feasible and Lenders security Is not lessened. M the restoration or repair is not
economically feasible or Lenders security would be Musned, the insurance proceeds shall be ttppdad to the sums secured by the Security
Instrument, whether or not then due. with any excess paid to Borrower. V Borrower abandons the Property, or does not answer wdtltn 3D days
e notice from Lender that the insurance carrier has dferod to sat0e a Haim, than Lander may c01ed 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 than due. The 30-day period
will begin when the notice is malled. Unless Larder and Borrower otherwise agree in writing. any application d; , , Is to prirneipd shell not
slland or postpone the due date of the monthly payments referred to In pwWaph 1 or charge the areount of the peynlaes, t udw paragraph
21 the Property Is acquired by Lender, Borrower's right to any insurance po11 n and proceeds resulting from damage to the Property prior to
Via scant iotn shred pass to Lender to the mderi of the sums seared by this Security Instrument Imme d ately prior to the atiumbon.
e. Occupancy. Preservation, Mal tots and Protection of the Property; Borrowers Lam Application, Laanhdds. Borrower shall
occupy. establish. and use the Properly as Borrowers principal residence within sbdy, days alter the execution of this Security Instrument and
Packet Page -2962-
shall ddhtfee M occupy the Property as Borrowers principal residence for at least one year after the date w occupancy, uNeas Lend*-
otherwise agrese in writing. which consent shall not be unreasonably wYhtwid, or unless exter asking circumstances cast which we beyond
Borowers control. Borrower shall not destroy, damage or impebr the Property, allow the Property to deteriorate. or carmdt waste on the
Property. Borrower shelf be In default N any rodearae action or proceeding. whether civil or criminal, Is begun that in t.adar's good tarlh
Mgm ant could result In forfeibre Of the Property or otherwise matalany impair the Yon created by ads Security trwtrumwM or Lader's security
how rest. Borrower may oure such a default and reinstate. as provided in paragraph l S, by Causing the BLiiorn or proceeding b be dismissed
with a sling t et. in Lender's good faith determination, precludes forfeiture of the Borrowers interest in the property or otter material
impairment of the Yen vested by this Searcy Ins1rumard or Landers security interest Borrower shall also be in default N Borrower, during the
loan application process, gave mate ely false or inaccurate Wftmslm or statements to Lender (or failed to provide Lender with arry material
Information) in connection with the loan evidenced by the Note. indudicg. but not limited to, representations concerning Borrowers oowpawY
of the Property M a principal residence. it this Security Instrument is on a Isesehold. Borrower shall amply with all the provision of are Mesa.
if Borrower aoglwes fee tits to the Property, the Iasehold and the fee title shall riot merge unless Lender agrees to the merger in writing.
T. PretseWM of LS~S Rights in the property. N Borrower fails to perform the covenants and agreements contained in this
Security Inmmuaq, or sere is a legal proceeding that may 50"cently effect Lenders rights in the Property (such as a proceeding in
bankruptcy, probe", for condemnation or forfelt ue Or to anfvoe laws or regulations), than Lender may do and pay for whatever is necessary to
I; , ,d the value of the Property and Lenders rights In the Property. Lenders actions may Include paying any sums seared by a ten which
has priority over this Security instrument, appeaing in taut, paying reesateWa etlanerys' fees and entering on to Property to make repairs.
Although tender may face action under this paragraph 7. Lander does rat have to do so. Any amounts dsixused by Lender under this
paragraph 7 stall be=, additional debt of Borrower secured by this Security Instrument. Unless Borrower and Larder agree to other terms
of payment, terse amounts shall beer internal from the date or dsburnament at the Note rate and shall be payable, with V*wwL upon notice
nom Lender to Borrower requesting payment,
Ill. mark~ Insurance. 0 Lender required mortgage ireurence as a condition d me" the loan secured by No Security
instrument, Borrower Shan pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mongdsge Insurance
coverage required by Lender lapses or anises to be in elfecL Borrower shall pay to premiums required to obtain coverage substantially
equivalent to the nmorigage insurance previously in eNed, at a cost Substantially equivalent to the cost to Borrower of the mortgage insudence
previcusy in affect, from an afiemae mortgage insurer approved by Larder. t substantially equivalent mortgage Insurance coverage is not
"kable. Borrower shall pay to Lander each month a sum equal to onedwelhh of the yearly morigage insurance premium being f+aid by
Borrower when the Insurance coverage lapsed or oneself to be in effect. Lender will accept, use and retain these payments era a loss reserve
in lieu of rnorigaga insurance. toss reserve payments may no longer be requited, it the option of Lender. N mortgage insurance coverage (in
ft amount and for the period that Lender requires) provided try an insurer approved by Lender again becomes available and is obtained.
Borrower shed pay the premiums reWred to maintain mortgage insurance in died. 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 inspectors of the Property. Lander shell give Borrower
notice at to are of or prior to an Inspection Specifying reasonable Cause for the inspection.
19. Condernrutom. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation
or other taking or any part of th Property, or for conveyer= In lieu of condemnation, we hereby assigned and shall be paid to Lender. In the
event Of a Icfal taking d the Property, the proceeds shah be 1 eared by this Security Instrument, ant, ehlet her or not tan due,
with any excess paid to Borrower. in the uwPlif d a pars hich the fair market value of the Property immediately
before the taking it actual to or greater than to secuiiZ by Instrument immediately tey before the taking. unless
Borrower and Lender otherwise agree in writing. t red by this shelf be reduced by the amount of the proceeds
multiplied by the following fraction: (a) the total the sums seared Immew beibre the tiling, divided by (b) the fair market value
of the Property Immediately before the taking. y ba stud to the of a partial taking of the Property in which
the fair market value or the Property hmn-d garyare is was this sums secured irnnwdiaMly for the taking.
unless Borrower and Lender otherwise apnea i u Mss M law hewn wwse des the proceeds shall be applied to the sums
secured by this Security Instrument whether rid t L Borrowver otherwise agree in writing, any
awrAbon of proceeds to principal shall not rte a ly referred to In paragraphs 11 or Lange
the amount Of such payments. r
11. Borrower Mat Released. F a time for payment or modification of
emon¢alion of the suns segued by this S 1 rumen granted try L to arnj in interest of Borrower shall not operate to
release the liability of the original Borrower or a successors in IMer� easier be required to commence poceedina
apainst my successor in interest or rehse to roe for payment or tttZetion of to sums sealed by this Secant
instrument by reason of any c armani made by the �BOrtOWef or Bart +'s in intense;. Any forbearance 1 �- Lender in
exercising any right or remedy shall not be a waiver uda the ercarase of rernedy.
12 Succesore and Assigns Bound: Join mEi is. The eoverans and agreernsnls of this Securhp,
Instrument WWI bind and benefit the successors and assss� aublect to the
provisions d paragraph 17. Borrowers tDvsnants and and several. Any l'lortowven who co-signs this Security
Instrument but does not execute the Nate; (a) is assigning this Security lnstruarhen only to mortgage. Ili aid money that Borrowers Interes
in the Property under the lama 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 acoomrrhodatbns with regard to the terms
d this S9M#tty Instrument or the Note without that Borrowers corsenL
13. Lam Ctargas. N the ban secured by this Security instrument is subject to a law which sae maximum IOM charges, and tat
law Is mnaity hder"ad so that the Interest or titer loan charges colMCted or to be collected in connedion with the loan exceed the permitted
limbs, ten: (a) arty such ban charge she, be reduced by the amount necessary to reduce the charge to the permitted Nutt; and (b) any sums
already collected from Borrower which exceeded permitted limits will be refurhded 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. N e refund reduces prindpe. the reduction will be
treated as a partial prepayment widxxk any prepayment charge under the Note.
14. Maters. Any notice to SMI'D wer provided for in this Security InstnutaM shall be given by delivering it or by mefmg rl by first
class mail MIOSS nppiicable law required use Of another method, The notice sell be directed to the Property Address OF 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.
1 S Governing Law: Savarability. This Satvrity Irtgtmlment State be governed by federal law end the law of the )ursdktlon In which
the Property is located. In the evert that any provision or dace or this security instrument or the Note conflicts with applicable law. such
conflict shat not effect other provisions of this security instrument or the Note which can be given effect wtaohA the eonficting provision. To
this end the provisions or Ws Security Instrunen and the NOW we declared to be severable.
16. Borrowar's copy. Borrower shall be given one tpMOrmed copy Of the NOW and of this Security Instrument.
17. T— r of the Property or a Beneficial Interest In Borrower. N all or any part of the Property or any Interest In it Is sold or
transferred (or if a beneficial interest in Borrower Is acid or transferred and Borrower is not a natural person) without Lenders prior written
consent, Lender may, at its option, require immediate payment in fun or an suds seared by this Security instrtunent however, this option shelf
not be exercised by Lerch N exercise Is prohibited by federal law as of the date of this Security Instrument.
N Lender exadsed this option, Lender shall give Borrower notice of acceleration. The notice shed Provide a period of rot Mss than 30 days
from the date the notice to delivered or mated within which Borrower must pay ON sums seared by this Security Instrument. N Borrower tails lo
pay case suns prior to the expiration of this period. Lander may Invoke any remedies permitted by this Security kabur"M without further
notice or demand an Borrower.
1s. emrowees Right to Mnstate. N Borrower meets tartain wnifitlons, Borrower shall have the right fo have erifolOamwn Of this
Security Instrument d5cordinued at any time prior to the earlier of: (a) 5 days (or such War period as applicable low may specify for
reinstatement) before sale of the Property pursuerd to any power of sale cgr pained in this Sawdly Instrument; or (b) entry of a Pdgrtwnt
enforcing this security Instrument. Those conditions are that Borrower. (a) pays Lender ail sums which them wotsd be clue under this Scamp
Instrument and the Note as N no acceleration had occurred: (b) cures and domAt of any other covenants Or agreements; (c) pays erg expanses
incurred in enforcing this Security Instrument, Including, but not limited to, reaaensble attorneys fees: and (d) tales such action as Lender may
reasonably require to assure that the lien of this Security Instrument, Landers nights In the Property and Borrowers ohllpaaon to pay tie Sums
sewed by tat Security instrument shall continue unchanged. upon reinsaMmerrt by Borrower. this Security Instrument and the obligations
r
seaed hereby shall remain Curly effective as N no acceleration had occurred. However. the right to reinstate shah not apply in the case of
s=oaratlon under paragraph 1T.
Packet Page -2963-
P "I 112 r,' 1 It o rr 16, , n .1 .
.. ,
1t. Sale of Nots; Chathps of Loan Ssnvic er. Tree Note or a partial interest in the Note (vVetner with this Security Instrument) may
be add one or more times without pnor notice to Borrower. A ace may result in a charge In Cie entity (known as Co "Loan Sarvicef') thet
cc e , monthly payments due under the Hole and this Security InstnxneM. Thera also may be one or mss charges of the Loch Swvicw
umalalld b a sale or the NOW If two is a charge of the Loan Siorvicer, Borrower will be given written notice of the charge In accordance with
=
vpraph 14 and applicable low. The notice will stets the name and address of the now Loan Servicer and the ad 1 s to which payments
sthtiLlkt be rtmo n. The notice will also contain any 0ter Information regrind by applicable few.
20. lltmardove tflinbatanas. Borrower shelf not cause or permit the presence, use, disposal, storage. or renesse of any Hazardous
Substances en a M the Properly. Borrower OW riot do, nor snow anyone else to do. anything araclil the Property that is in violation or ary
Envir can wid Law. The precelikg two sentences shelf not apply to the pnwence, use, or sloregs on the Property of small qusW4ea of
Hazardous Substances that are generally tsCOVized to be appropriate to normal residential Laos and to maintenance of the Property.
Borrower stmt promptly give Lender written. for any investigation, claim. deman4 lereuit or other anion by any governmental or
reguilalwy agency or private pay Involving the Property aid any Hazardous; Substance or Envbonnatgi Law of which Borrower tall actual
Imvwledpa. If Borrower learns. or Is notified by any governmental or regulatory authority, that any removed or other remsdafion d any
Hazardous substance of a "11 g the Propay is necuewy. Borrower shall prorniody Wool nea{say raredls actae ln aomroehc, with
Environmantel Law.
As used in this paragraph 20. ' Hazerdous Substances' we those substances defied as tonic or hazardous nrdatences toy Environmental Law
and the following substance: gasoline. keraene, other flersnable or toxic petroleum products, Wide pesticides and herbicides. volatile
advents, rhetsrials ooriwrirg asbestos or fornddairyde. and
►aufaecfiw note iah. As tsed in trh paragraph 2O, ' eMmrsnerdal Lan✓ means faders hws and lews or the Jurisdiction where the Property is
bated
time rail- to health, safely or environmental protection.
21. Acalsratai; Rernedles. Lander shall"notice to Borrower prior to acceleration followig Borrower's broach of any covenant
or aprsen —, in this Security ketruneri (but not prior to aooslaation under paragraph 17 mess applicable few provides ofthervrbe). The
notice snail specify-. (a) the del u (b) the action required to ore on default: (c) a data, not less Can 30 tleys from the der- the MUM IS given
to Sormwwer, by which the default must be wad, and (d) that failure to ors the default on or balers the data specified let the rh lies hey result
in sccelanstfon of to sans secured by this Socially bmlrument, foreclosure by judicial pro eedkg and sale d the PropaAy. The ndioe rdml
hither hitch, BWMW of the right to reinstate liter acceleration and the right to assert In the foreclosure prcosedkng to son- existence of a
default or any deer defense of Borrower to acceleration and foreclosure. It the default Is not cured on or before the dots specified in the ra tics.
Larder, at Its option, may require Immediate payment in full of all sums seamed by this Security Instrument without kmthr demand and may
foreclose this Scantly kuMrnerd by Judidaf proceeding. Lends shat be GMW to collect all expenses Incurred In pushing the n omedies
provided in this paragraph 21. including, but not limited to, reasonable attorneys fees and costs of to tits widemee.
72. Rshas. Upon payment of all sums sewed by this Security Inntmmmem. Leader shell release this Security Instrument, without
charge. b Borrower. Borrower shall pay any recordation coats.
23. Attorneys' Fees. As used In this Security Instrument and the Note. 'athaneys' fees• shot include ary etto r eys' fees awarded by
an appeliate coot
24. Rlders to this Securhy Irsti mart lf one or more ddera we executed by Borrower and recorded together with this Security
kstruneri. the covenants ant agreements of each such rider shelf be inccponded into and shelf amend and supplement the covenants and
agrserrnents of this Security Instrument as If the rider(s) was t Instrument. (Cloth Applicable Box)
❑ Adjustable Rate Rider ❑ Rate
❑
Graduated Payment Rider ❑ 1.4 F
❑ Bemoan Rider ❑ ewe
❑
00"s) (specify 1
SIGNING BELOW. Borrow accepts and agn
by Borrower and recorded with It.
Signed sealed
ro nd delivered in the presence
Wnrisea l: fT_r)►1°I R 16-; a
STATE OF FLORIDA
idun Rider
Home Rider
sicpment Rider
ss Security trotnmerl and In any rider(s) exerted
Signature:
Borrower
Address: 956 Trafford Islas Ct 01058
Innakalea. Florida 34142
COUNTY OF C[11 I IF)j
I hereby certry that on this day, before me, an officer duly authorized in the state aforesaid and In the county aloressid to take
acknowledgements. personally appeared Miguel A. Huapille to me known to be the person(s) described M and who execrhd the foregoing
kstrument and admowledged before me that (Hai shat they) executed the same for the purpose therein axpressed.
WITNESS my hand and official semi in the County and State erne a this day of... 20�.
W Commission Expires: 41 (C 11c,I C7
s gnat
(Saw)
File #: 0 8-109
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lYCo W s,,WralFeb16.2010
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Packet Page -2964-