Agenda 10/23/2012 Item #16D 2 10/23/2012 Item 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve a mortgage and note modification agreement for a loan issued by the
State Housing Initiatives Partnership (SHIP)Program to The Shelter for Abused Women of Collier
County to correct a scrivener's error made in the repayment terms, change legal name and
consider the Shelter in good standing with the mortgage.
OBJECTIVE: To record a mortgage and note modification agreement.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable
housing grant, awarded a mortgage in the amount of$180,000 on November 1, 2001 to the Shelter for
Abused Women of Collier County for eligible activities performed under the grant program. The Board
approved the Mortgage and Note on November 27, 2001, Agenda Item 16A10. The Executive Summary
was clear that repayment was ten annual installments of$18,000, beginning on July 1, 2004, and ending
July 1, 2013. The mortgage is recorded in the public records of Collier County in O.R. Book 2944, Pages
1890-1892. Notes are not recorded.
In March of 2004, a request by the Shelter to reduce the payment and extend the repayment period of the
SHIP loan was administratively approved to $9,000 annual payments and a 20 year repayment term. It
was the practice at the time for staff to modify mortgage documents. Subsequently, a Mortgage
Modification agreement was signed on June 28, 2004 and recorded on July 1, 2004 in the public records
of Collier County in O.R. Book 3598,Pages 1200-1202. The note was not modified.
Consistent with the Board's original intent, the Shelter has been making timely annual payments. The
balance of the loan has decreased from $180,000 to $99,000. The Housing, Human, and Veteran's
Services Department (HHVS) recently identified a scrivener's error on the Mortgage and Mortgage
Modification Agreement, which states the promissory note shall be payable monthly rather than annually
as originally approved. Based upon the original request made by the Shelter for the SHIP loan as well as
multiple written communications between HHVS and The Shelter for Abused Women of Collier County,
it is clear that a scrivener's error resulted.
Accordingly, Staff has prepared the proposed Mortgage and Note Modification Agreement to reflect
annual payments due in the amount of$9.000 to be recorded in the Official Records of Collier County. In
addition, the Shelters name was legally changed last year to The Shelter for Abused Women and
Children, Inc. and the Mortgage and Note Modification Agreement reflects the new name.
FISCAL IMPACT: Recording cost associated with the note and mortgage modification agreement will
be paid out of the SHIP trust fund account 191,Project 44209.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally
sufficient, and requires majority vote for approval. -JBW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman
to sign a mortgage and note modification agreement to be recorded in the Official Records of Collier
County and consider the Shelter in good standing with its mortgage.
Prepared By: Priscilla Doria,Grants Coordinator; Housing, Human and Veteran Services
Packet Page -1559-
10/23/2012 Item 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to approve a mortgage and note modification
agreement for a loan issued by the State Housing Initiatives Partnership (SHIP) Program to The
Shelter for Abused Women of Collier County to correct a scrivener's error made in the
repayment terms, change legal name and consider the Shelter in good standing with the
mortgage.
Meeting Date: 10/23/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human&Veteran Servi
9/21/2012 1:09:37 PM
Submitted by
Title: SHIP Loan Processor,Housing,Human&Veteran Servi
Name: DoriaPriscilla
9/21/2012 1:09:39 PM
Approved By
Name: SonntagKristi
Date: 9/24/2012 9:10:33 AM
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 9/30/2012 4:20:35 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 10/3/2012 9:53:05 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 10/3/2012 12:32:44 PM
Packet Page -1560-
10/23/2012 Item 16.D.2.
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 10/8/2012 1:36:39 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/10/2012 3:18:29 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/11/2012 8:47:35 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 10/12/2012 9:20:22 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 10/14/2012 5:52:21 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/15/2012 9:35:32 AM
k.
Packet Page-1561-
10/23/2012 Item 16.D.2.
Prepared by and return to:
Collier County
Housing,Human&Veteran Services
3339 E.Tamiami Trail, Suite 211
Naples, FL 34112
MORTGAGE & NOTE MODIFICATION AGREEMENT
THIS IS a Mortgage & Note Modification Agreement, made effective as of the
day of , 2012, by and between The Shelter for Abused Women &
Children, Inc.,(formally known as The Shelter for Abused Women of Collier County)
hereinafter called "Borrower" and Collier County, hereinafter called "Lender."
WITNESSETH:
In consideration of the mutual covenants contained herein, the Borrower and the Lender
agree that:
1. Promissory Note and Mortgage. Borrower has given to Lender, a promissory
note and mortgage dated November 1,2001, filed December 14, 2001, and recorded in Official
Records Book 2944, Page 1890, in the Public Records of Collier County, Florida. A Mortgage
Modification Agreement was subsequently recorded in Official Records Book 3598,Page 1200.
Borrower warrants that it is still the owner of the property. Lender warrants that it is still owner
and holder of said note and mortgage. Both parties warrant they have good right and authority to
enter into this Mortgage & Note Modification Agreement for the property described in Exhibit
A.
2. Status of Payments. Payments required under the mortgage and promissory note
are not in default.
3. Modification. In consideration of the mutual covenants herein and other good
and valuable considerations, the parties agree that said promissory note and mortgage are
modified as follows:
(a) The principal balance of the promissory note is now $99,000.00, which shall
at the rate of zero percent per annum.
(b) The principal and interest on said promissory note shall be payable in eleven
equal installments of$9,000 each, required to be paid on or before July 1st and continuing on the
same day of each year thereafter until the renewal note is paid in full.
4. Other Terms. Notwithstanding anything to the contrary herein the lien and
operation of the Mortgage shall continue in full force and effect except as expressly modified
herein. All other terms of said note and mortgage remain unchanged.
5. Compliance. The Borrower covenants and agrees to perform, comply with, and
abide by each and every one of the provisions of the Note and Mortgage, as modified hereby.
-1-
Packet Page -1562-
10/23/2012 Item 16.D.2.
Alb
6. Agreement Binding. This agreement shall be binding upon and inure to the rYU.
benefit of the heirs, legal representatives, and assigns of the Borrower and to the successors and
assigns of the Lender.
In Witness Whereof, the parties have caused this agreement to be executed as of the
date first above written.
Signed, sealed, and delivered
in the presence of
Borrower:
The Shelter for Abused Women &Children,Inc.
Linda Oberhaus,Executive Director
CiRftlij, ‘C‘Kk2fik&A.-L\
Witness
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING instrument was acknowledged before me this !`1 day
of,y' r,;.` ,,,f:, ,, - , 2012, by Linda Oberhaus, who is/are i. personally known to me or who
has Produced as identification.
(SEAL)
kRY- MARCIA SANDERS
�c NOTARY PUBLIC Notary Public
1
o fj1y, o STATE OF FLORIDA r3
�'1"`,,,,:,. i Comm#EE161229
`�rn'cE isl% Expires 4/30/2016 Name: /7IAA)/2.%:.I AI `; )A4')l_-/`.:'`tea
Aotokto
-2-
Packet Page -1563-
10/23/2012 Item 16.D.2.
Lender:
Collier County
Dated this day of , 2012.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jenrfer B. White
Assistant County Attorney
This Mortgage & Note Modification was approved by the Board of County Commissioners on -
,2012, Agenda Item Number
-3-
Packet Page -1564-
10/23/2012 Item 16.D.2.
Exhibit "A"
Legal Description
Parcel B
A PARCEL OF LAND LYING AND BEING PART OF LOT 39,NAPLES GROVE AND
TRUCK COMPANY'S LITTLE FARMS NO.2,ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK A, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID LOT 39
WITH THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 41 (TAMIAMI TRIAL);
THENCE RUN SOUTH 51 DEGREES 52'10"EAST,ALONG THE SOUTHERLY RIGHT-
OF-WAY LINE OF U.S. HIGHTWAY 41, A DISTANCE OF 354.01 FEET TO THE EAST
LINE OF SAID LOT 39; THENCE SOUTH OF 0 DEGREES 03'10"WEST,ALONG THE
EAST LINE OF LOT 39,A DISTANCE OF 211.02 FEET TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 0 DEGREES
03'10"WEST,ALONG THE EAST LINE OF LOT 39,A DISTANCE OF 1235.97 FEET TO
THE NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE; THENCE SOUTH 89
DEGREES 58'45"WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF WEEKS Amok
AVENUE,A DISTANCE OF 277.13 FEET TO THE WEST LINE OF SAID LOT 39; THENCE
NORTH 0 DEGREES 00'00"EAST, A DISTANCE OF 278.27 FEET TO THE POINT OF
BEGINNING; AND LESS THE NORTH 280 FEET THEREOF.
Parcel Identification Number: 61835000104,
Property Address: 2635 Weeks Avenue,Naples, Florida 34112
Auk
-4-
Packet Page-1565-
10/23/2012 Item 16.D.2.
EXECUTIVE SUMMARY
APPROVAL OF THE MORTGAGE HAOND PROMISSORY 04Y(1 NOTE DOLLAR
A ONE HUNDRED EIGHTY
LOAN TO THE SHELTER FOR ABUSED WOMEN OF COLLIER
COUNTY
OBJECTIVE: To increase the supply of affordable housing in Collier County by
granting a loan to the Shelter for Abused Women of Collier County assisting in the
construction of a 60-unit affordable transitional housing shelter.
CONSIDERATION: The Collier County Department of Housing & Urban
Improvement has set aside$180,000 from the State Housing Initiative Partnership(SHIP)
funds for a zero interest loan to The Shelter for Abused Women of Collier County. This
zero interest loan is provided for by the Land Acquisition/ Transfer With New
Construction strategy approved by the Board of County Commissioners in the three-year
SHIP Housing Assistance Plan on April 24, 2001.
FISCAL IMPACT: Approval of this Mortgage and Note will grant a $180,000 loan to
The Shelter for Abused Women of Collier County from the Affordable Housing Trust
Fund. The loan shall be repaid over ten years in $18,000 increments with the first
payment due on July 1, 2004. Total payments shall be $180,000 due by July 1, 2013.
Recording costs will be paid to the Clerk of Courts from the Affordable Housing Trust
Fund.
GROWTH MANAGEMENT IMPACT: This loan to The Shelter for Abused
Women of Collier County will allow Collier County to enhance the development
of affordable housing in accordance with the Housing Element of the Growth
Management Plan of Collier County.
RECOMMENDATION: That the Board of County Commissioners approve the
Mortgage and Promissory Note. •
SUBMITTED BY: Fotrvie C �i ' Date: //44/
Cormac J.Giblin,Manager
Department of Housing an Urban improvement '
REVIEWED BY: Date: /&b/
Greg Mi ic,Director
Depart nt of Housin: and Urban Improvement
AGENDA ITEM
Na, /L ei ll
APPROVED BY: . Date: id 1/110/
ohn M.Dunnuck III,Interim Administrator NOV 2 7 2001
ommunity Development and Environmental Services Division
Pg.
Packet Page -1566-
10/23/2012 Item 16.D.2.
•
Prepared by
Collier County
Housing end Urban improvement Dept.
Mr.Cornet Giblin,HUI Manager
280014,Horseshoe Dr.
Naples,FL 34104
941.403-2330
THIS SPACE FOR RECORDING
MORTGAGE
Security Instrument
THIS SECURITY INSTRUMENT is given on November 1,2001. The Borrower is:
The Shelter for Abused Women of Collier County
('Borrower). This Security Instrument is given to Collier County ('Mender),which is organized
and existing under the laws of the United States of America,and whose address is 2800 Iaorth Horseshoe,
Drive, Naples, Florida 3403.4 . Borrower owes Lender the sum of One Hundred Eighty
Thousand Dollars (U.S.i 180,000.00 ). This debt is evidenced by Borrower's Note dated the same date as
this Security Instrument which provides for mornhly payments,with the lull debt,If not paid earlier,due end payable on
July 1, 203.3. 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 at 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 in Attachment A.(Legal Description)end which has the address of:
(Property Address'): 2635 Weeks Ave, Naples, FL 3,13.32
TOGETHER WITH all the improvements now or hereafter erected on the property,and at easements.rights,
appurtenances,rents,royalties,mineral,oil and gas rights and proles,water rights and stock and all fixtures now or nalik
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 for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants.tor national use and non•unnorm covenants with
limited variation by jurisdiction to constitute a uniform security instrument covering real property,
UNIFORM COVENANTS. Borrower and Lender covenant and agree as Follows
1. Payment of Principal and Interest:Prepayment and Late Charges. Borrower shall 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 shat pay or cause to be paid.as the same respectively become due.(A)(1)all taxes and
governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect
to the Property,(2)ell utility and other charges,including'service charges',incurred or imposed for the operation,
maintenance,use,occupancy.upkeep and improvement of the Property,and(3)all assessments or other governmental
charges that may lawfully be paid in Installments over a period 01 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. ApPlloatton of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be
applied;first,to Interest due;and.to principal due;and last to any late charges due under the Note.
4. Charges:Liana. Borrower stag payee taxes,assessments,charges,lines and impositions attributable to the
Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,It any. Borrower
shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.and as receipts evidencing the
payments.
Burrower Shall piuuryiiy diaul large any hair witiro r hoe priority over this security ireirument unless Borrower:ter
agrees in writing to the payment of the obligation secured by the hen in a manner acceptable to Lender,(b)contests in good
faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lenders opinion operate to
prevent the enforcement of the lien:or(c)secures from the holder of the lien an agreement satisfactory to Lender
subordinating Ile ken to this Security Instrument. M 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
shag satisfy the ken or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights re'orb AGEN[)A
Property(such as a proceeding in bankruptcy,probate,for condemnation or foilelture or to enforce taws or regultions),
then Lender may do and pay tor whatever is necessary to protect the value of the Property and Lender's rights it the mil /L 4 /
Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security PistrumeT'
appearing in coup,paying reasonable attorneys'tees end entering on the Property to make repairs. Although Lender may
take action under this paragraph 7,Lender doss not have to do so. Any amounts disbursed by Lender under thi pars gffp{t r '1 7 2001
wee 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender se to L f
terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be 7ayable,
with interest,upon notice from Lender to Borrower requesting payment. 001010,4.
•
• CCC777"'
1
Packet Page -1567-
10/23/2012 Item 16.D.2.
6. Inspection. Lender or its agent may make reasonable entries upon and inspection of the Property. Lender
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
7. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with
any condemnation or other taking ol any part of the Property,or for conveyance in lieu of condemnation,are hereby
assigned and shall bet paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the
auras 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 amour%of the sums secured by this Security instrument immediately before the taking,unless Borrower
and Lender otherwise agree in writing,the suns secured by this Security Instrument shall be reduced by the amount of the
proceeds multiplied by the following fraction::(a)the total amount of the sums secured immediately before the taking,divided
by(b)the fair market value of the Property immediately before the taking. Any balance that be paid to Borrower. In the
event of a partial taking of the Property in which the ter market value of the Property Immediately before the taking is less
than the amount of the sums secured immediately for the taking,unless Borrower and Lender Otherwise agree in writing or
unless applicable taw otherwise provides,the proceeds shalt be applied to the sums secured by this Security Irsnumera
whether or not the sums we then due. Unless Lender and Borrower otherwise agree In writing,any application of proceeds
to principal shall not extend or postpone the rue date of Ma monthly payments referred to in paragraphs 1 or change the
amount of such payments.
S Borrower Not Released,Forbearance By Lander Note Waiver, Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lander to any successor in interest
of Borrower shell not operate to release tow liability of the original Borrower or Borrowers successors in interest. Lender
shall not be required to commence proceedings against any successor In Interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not bee waiver of or preclude the exercise of any right or remedy.
9. Successors and Assigns Bound;loan and Several Limbillty;Co-Signers. The covenants and agreements
of this Security h'$trument shall bind and benefit the successors and assigns of Lander and Borrower,subject to the
Provisions of paragraph 17. Borrowers covenants and agreements shalt be joint and several. My Borrower who co-signs
this Security instrument but doss net execute the Note;(a)is co-signing that Security Instrument only to mortgage,grant and
convey that Borrowers interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to
pay the*ulna secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,
modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent.
10. 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 Witte!the interest or other ban charges collected or to tie 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
wkl 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.
11. Notices.Any notice to Borrower provided for In this Security Instrument shall be given by delivering it or by
mailing it by first class mall unless applicable law required use of another method. The notice shall be deemed 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. •
12. Governing Law;Sevsrabllity. This Security Instrument shall be governed by federal taw 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 and the provisions of this Security Instrument and the Note are
declared to be severable.
13. Borrower's Copy. Borrower shall be given one conformed copy of Pie Note and of this Security Instrument.
14. Transfer of the Property or a Beneficial Interest In Borrower. It all or any part of the Property or any
•
interest in it is sold or transferred(or ll a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person)without Lenders prior written consent,Lender may,.at its option,require immediate payment in lull of air sums
secured by this Security InstrumenL However,this option shall not be exercised by Lender If exercise is prohibited by
federal law as of the date of this Security Instrument.
II 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,Lander may invoke any
remedies permitted by this Security instrument without further notice or demand on Borrower.
16. Borrower's Right to Reinstate. If Borrower meets certain conditions.Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of:(e)5 days(or such other period as
applicable law may specify for reinstatement)before sate of the Property pursuant to any power of sale contained in this
Security Instrument;or(b)entry d 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 it 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 attorneys fees;and(d)takes such action as Lender may
reasonably require to assure that the ken of this Security Instrument,Landers rights in the Property and Borrowers
obligation to pay the sums secured by this Security Instrument that 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, Sala of Nota;Change of Loan Servitor, The Note or a partial interest in the Norte(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 Roan Servicer'y 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 sae of the Now. a mare is a cnenge of me Loan Servicer,
Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice wit
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 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 Properly of small quantities of Hazardous Substances that are generally recognized to•-aoor•.riate
to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for any nvestigation,claim,demand,lawsuit or other action ,y any AGENDA ITEM
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or E 'ran I
Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regula ry author
that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. :• • •r 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 s • tantN r(�f1 V C 7 2001
Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum pr. ucts,toxic
pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and —
2 r6.
Packet Page-1568-
. • 10/23/2012 Item 16.D.2.
radioactive materials. As used In this paragraph 20,'Enrnironmentat Law'means federal laws and laws of the jurisdiction
where the Property is located that relate to health,satiny or environmental protection. Oak
18, Aeoelersdlon;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 spicily (a)the default;(b)the action required to cure the default;(c)e
date,not less than 30 days from the date the notice N given to Borrower•by which the default must be cured;and Id)that
failure to cure the default on or before the date specified in the notice may result it acceleration of the sums secured by this
Security Instrument,foreclosure by judicial proceeding and sale 01 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•default or
any other defense of Borrower to acceleration and foreclosure. II the default is not cured on or before the date specified in
Ow notice,lender,et Its option,may require Inrrtediate payment in lull of all sums secured by this Security Instrument
Without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect
all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to reasonable
attorneys teas and costs of the title evidence.
13. 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.
20. Attorneys'Fees.As used in this Security Instrument and the Note,'attorneys'fees'shall include any
attorneys'fees awarded by an appellate court.
SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in
any rider(s)executed by Borrower and recorded with it.
Signed.sealed and delivered in the presence of: The Shelter for Abused Women of Collier County l
Witneesat: �^"' 'r�G` Signature: die�/_ I_-_.I'
Borrower: Kath ,CEO
Signature; le rajirA MO+,C ISrt'..ertANA/
W rinesse2: J ,rf,
Signature Loh■∎ i `O r'r,l s.
Address: Soy5 F.TAsa.AKl
K fir . FL 34113
STATE OF Florida
COUNTY OF Collier
ge rnsae
The foregoing Mortgage was acknowledged before me this 0-(date) t by K(name)man of Trporalion
E
Shelter for Abused Women of Collier County.She is aersonally known
name) .
to me or has produced as identification,
•
•
\ ‘tki%% \ c — (� .
s nature of person taking acknoo ledgment
id�
oil ldrrfl b,*Rif sufficiency not :° Yr GL T3 1
- . `ounty iA t!on":�'.�...r+ro `�"i' Expire. Ttit� ,
t ! 't., ``'' S. i•' :",. title crlNllcsON Serra (t any)
AGENDA ITEM
NOV 27 2001
pig
3
Packet Page -1569--- -
10/23/2012 Item 16.D.2.
Attachment A,Shelter for Abused Women of Collier County-Legal Description:
Parcel B
• A PARCEL OF LAND LYLNG AND BEING PART OF LOT 39,NAPLES GROVES AND
TRUCK COMPANY'S LITTLE FARMS NO.2,ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK A,PAGE 27,OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID LOT 39
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S.HIGHWAY 41 (TAMIAMI
TRAIL);THENCE RUN SOUTH 51 DEGREES 52'10''EAST.ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF U.S.HIGHWAY 41, A DISTANCE OF 354.01 FEET TO THE
EAST LINE OF SAID LOT 39,;THENCE SOUTH 0 DEGREES 03'10"WEST,ALONG THE
EST LINE OF LOT 39,A DISTANCE OF 211.02 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;THENCE CONTINUE SOUTH 0 DEGREES 03'10"
WEST ALONG THE EAST LINE OF LOT 39.A.DISTANCE OF 1235.97 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE;THENCE SOUTH 89 DEGREES
58'45"WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE,A
DISTANCE OF 277.13 FEET TO THE WEST LINE OF SAID LOT 39;THENCE NORTH 0
DEGREES 0'00"EAST,A DISTANCE OF 278.27 FEET TO THE POINT OF BEGINNING:
AND LESS THE NORTH 280 FEET THEREOF.
AGENDA ITEM
No /b4
NOV 2 7 2001
4
Packet Page-1570-
10/23/2012 Item 16.D.2.
•
•
PROMISSORY NOTE
November 1, 2001
seek
Borrower: The Shelter for Abused Women of�Collier County Florida
2635 Weeks Ave
(Property Address) (City) (State)
i. BORROWER(s) PROMISE TO PAY; I/We promise to pay Poe *undred Nighty Thousand Dollars
($180,000.00 ) (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 34104 . 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'.
2. I1Triss8T: Interest on this Note shall be zero percent (O%) 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/we pay it in full.
3, PAYMENTS: Principal payments of $18,000.00 shall be made yearly beginning on July 1, 2004
of each year to the Collier County Housing and Urban Improvement Department until payment
in full is received by July 1, 2013. My/Our total payment shall be U.S. 5180,000.00 .
4 DORRGWER•s EIGHT TO PREPAY: I/we have the right to make payments of principal at any time
before they are due. A payment of principal only is know as a "prepayment'. When I/We
make a prepayment. I/we will tell the Note Holder in writing that I/we am doing so.
I/We may make a Eull 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 cr 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
5. 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.
6. 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 Deed of Trust or mortgage and to all advances heretofore made or which may
hereafter be made pursuant to the First Deed of Trust or mortgage including all sums
advanced for the purpose of (a) protecting or further securing the lien of the First Deed
of Trust or mortgage, curing defaults by the Borrower under the First Deed of Trust or
• mortgage or for any other purpose expressly permitted by the First Deed of Trust or
mortgage or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the
Property. The terms and provisions of the First Deed of Trust or 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 Deed
of Trust, any provisions herein or any provisions 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 Deed of Trusc shall receive title to the Property free and clear from such
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 Deed of Trust and (ii) the Lender shall
not have cured the default under the First Deed of Trust within the 30-day period provided
in such notice sent to the Lender.
7. BORROWER(5) 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 AGENDA ITEM
If the Note Holder takes such actions as described above, the Note Holder will ve the /A
right to be paid back for all of its costs and expenses, including, but not I' ted /4 4 !V
reasonable attorneys' fees. NOV 2001
6. crVING or NOTICES: Unless applicable law required a different method, any notice hat NO r 2 +
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 /we give („ °'� i
1 P� �f/ 1{1{1{(
Packet Page -1571- • -- --
10/23/2012 Item 16.D.2.
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 31A) or at a
different address if I/we have been given a notice of that different address.
9. OBLIGATIONS Or PERSONS ONDER THIS NOTS: If more than one person signs this Note, each
person is fully and personally obligated to keep all of the promises made in 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.
10. 1012YlkS: 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.
11. ONIFORN SsCURiD MOTS: 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 Iiwe 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.
NtTNEsS THE EA2sD((S)) AND SEAL(S) OF 1136 U)WKRSIGNED.
i �'
(Seal)
Borro j Kathy _,sN LEO
IVThe Shelter for Abused Women of Collier County
.-=.=_=.==.___...m.....=____=_.=====.= .ter
RETURN TO: Collier County Housing & Urban Improvement Department
2800 North Horseshoe Drive
Naples, FL 34104
Phone: (941) 403-2330 Fax: (941) 403-23
y ! • '"1ks1 tuff
( i 1 �v
AGENDA ITEM
No, /Gfi/i
NOV 2 7 2001
2
__._. .. _..... _ Packet Page -1572-
10/23/2012 Item 16.D.2.
16A1 '3
MEMORANDUM
Date: November 28, 2001
To: Cormac Giblin
Housing & Urban Improvement
From: Teri Michaels, Deputy Clerk
Minutes & Records Department
Re: Mortgage and Promissory Note to the Shelter for
Abused Women of Collier County
•
Attached please find the original document, as referenced above,
(Agenda Item #16A10), approved by the Board of County
Commissioners on November 27, 2001 .
Kindly record all necessary documentation and return a fully executed
original to Minutes and Records.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosure
Packet Page -1573-
10/23/2012 Item 16.D.2.
+.1
16 tor)
Prepared by:
Collier County
Housing and Urban Improvement Dept.
Mr.Connac Giblin,HUl Manager
2800 N.Horseshoe Dr.
Naples,FL 34104
941-403-2330
THIS SPACE FOR RECORDING
MORTGAGE
Security Instrument
THIS SECURITY INSTRUMENT Is given on November 1,2001. The Borrower Is:
The Shelter for Abused Women of Collier County
("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 2B00 North Horseshoe
Drive, Naples, Florida 34014 . Borrower owes Lender the sum of One Hundred flighty
Thousand Dollars (U.S.S 180,000.00 ). This debt'is evidenced by Borrower's Note dated the same date as
this Security Instrument which provides tor monthly payments,with the full debt,It not paid earlier.due and payable on
July 1, 2013. 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 Borrowers 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 in Attachment A.(Legal Description)and which has the address ot:
("Property Address"): 2635 Weeks Ave Naples, IL 34112
TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements,rights,
appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the
foregoing is referred to in this Security Instrument as the'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 for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to arty
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with
limited variation by jurisdiction to constitute a unitonn security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall 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)(1)all taxes and
governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect
to the Property,(2)811 utility and other charges,including`service charges",Incurred or Imposed tor the operation,
maintenance,use,occupancy,upkeep and improvement of the Property,and(3)all assessments or other governmental
charges that may lawfully be paid in Installments over a period of years,the Mortgagor shall be obligated under the
Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage,and
shall,promptly after the payment of any of the foregoing,forward to Mortgagee evidence of such payment.
S. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender shall be
applied:first,to interest due;and,to principal due;and last,to any late charges due under the Note.
4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to the
Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,It any. Borrower
shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the
payments.
Suuowirr shell prim tµrliy diaciatge arty lien witicn hes priority over this Security instrument unless 3orrower:ia)
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 ken 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 ken or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument,or there Is a legal proceeding that may significantly affect Lenders rights In the
Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is necessary to protect the value of the Properly and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,
appearing In court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may
take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph
7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other
terms of payment,these amounts shall bear Interest from the date of disbursement at the Note rate and shall be payable,
with Interest,upon notice from Lender to Borrower requesting payment.
1
Packet Page-1574-
10/23/2012 Item 16.D.2.
•
16A10
B. 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.
7. 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 Properly,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 Properly immediately betore the taking is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the taking.unless Borrower
and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the
proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided
by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the
event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less
than the amount of the sums secured immediately for the taking,unless Borrower and Lender otherwise agree in writing or
unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums are then due, Unless Lender end Borrower otherwise agree in writing,any application of proceeds
to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the
amount of such payments.
8. Borrower Not Released,Forbearance By Lender Not Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in Interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender
shall not be required to commence proceedings against any Successor in Interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
9. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements
of this Security Instrument shall bind and benelit the successors and assigns of Lender and Borrower,subject to the
Provisions of paragraph 17. Borrower's covenants and agreements shall be Joint and several. Any Borrower who co-signs
this Security Instrument but does not execute the Note;(a)Is co-signing this Security Instrument only to mortgage,grant and
convey that Borrower's interest in the Property under the terms of this Security instrument;(b)is not personally obligated to
pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,
modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent.
10. Loan Charges. it 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.
11. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable taw 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. oak
12. Governing Law;Severebltity. 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.
13. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
14. 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 said 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. Ii 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.
1S. Borrowers Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as
applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained In this
Security Instrument;or(b)entry of a judgment ertiorcing this Security Instrument. Those conditions are that Borrower:(a)
pays Lender all sums which than 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 attorneys 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 tuliy effective as II no acceleration had occurred.
However,this right to reinstate shall not apply in the case of acceleration under paragraph 17.
18. 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 limes 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 sere of me Note, li there is a change of its Loan Servicer,
Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will
slate the name end 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 Property. Borrower shall not do,nor allow anyone else to do,anything effecting
the Property that is in violation of any Environmental Lew, 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 rernediation of any Hazardous Substance affecting the Property Is necessary,Borrowershall
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: gasotins,kerosene,other flammable or toxic petroleum products,toxic
pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and
2
Packet Page -1575-
.
10/23/2012 Item 16.D.2.
16A10
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,safely or environmental protection.
1B. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers
breach of any covenant or agreement in this Security instrument(but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to 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'existenca 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 tees end costs of the title evidence,
19. 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.
20. Attorneys'Fees. As used in this Security Instrument and the Note,'attorneys'fees'shell include any
attorneys'fees 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
drand_delivered in the presence of: The Shatter for Abused Women of Collier County
Witness#1: ✓t—# Signature: �//1 L. ,
Signature' �p trA 'i C Borrower. Kith' r CEO
1 MO
WY 6Rt Ai ANA/
Witness#2:
Signature: .ofis it t S
Address; 5o9'5 F TAra-.Axl
STATE OF Florida
MA tits, pc. .541113
COUNTY OF Collier
The foregoing Mortgage was acknowledged before me this u1Y y-GI We,,an
by Kathv+iewnan of The
(date) (name) (corporation
Shelter for Abused Women of Collier County.She is personally known
name)
to me or has produced as identification.
[nature of person eking ackn• lodgment
' I
• A.-.._,p r 5faf suffrpen, n t:aaie
`• •'1 r./ •� x° Conunbsiegqrt�ill CC 7331114
.1 Goy At'tomay""�"�"r-ew '7r2, t �irese0 EOiN 11e
'.j( i +: lilt)I)F title " nCB°"tD11°saner 1C'(if any)
3
Packet Page-1576-
10/23/2012 Item 16.D.2.
1 6 Al 0
Attachment A,Shelter for Abused Women of Collier County-Legal Description:
Parcel B
A PARCEL OF LAND LYING AND BEING PART OF LOT 39,NAPLES GROVES AND
TRUCK COMPANY'S LITTLE FARMS NO. 2,ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK A,PAGE 27,OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID LOT 39
WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S.HIGHWAY 41 (TAMIAMI
TRAIL);THENCE RUN SOUTH 51 DEGREES 52'10"EAST,ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF U.S.HIGHWAY 41,A DISTANCE OF 354.01 FEET TO THE
EAST LINE OF SAID LOT 39,;THENCE SOUTH 0 DEGREES 03'10"WEST,ALONG THE
EST LINE OF LOT 39,A DISTANCE OF 211.02 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;THENCE CONTINUE SOUTH 0 DEGREES 03'10"
WEST ALONG THE EAST LINE OF LOT 39,A DISTANCE OF 1235.97 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE;THENCE SOUTH 89 DEGREES
58'45"WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE,A
DISTANCE OF 277.13 FEET TO THE WEST LINE OF SAID LOT 39;THENCE NORTH 0
DEGREES 0'00"EAST,A DISTANCE OF 278.27 FEET TO THE POINT OF BEGINNING;
AND LESS THE NORTH 280 FEET THEREOF.
4
Packet Page-1577-
10/23/2012 Item 16.D.2.
PROMISSORY NOTE 1 6 Al 0
November 1, 2001
Borrower: The Shelter for Abused Women of Collier County
2635 Weeks Ave Naples llosida
(Property Address) (City) (State)
1. BORROWER'S) PROMISE TO PAY: I/We promise to pay One Hundred Eighty Thousand Dollars
($180,000.00 ) (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 34104 . 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'.
2. =SEREST: 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/We pay it in full.
3. PAYMENTS: Principal payments of $18,000;00 shall be made yearly beginning on July 1, 2004
of each year to the Collier County Housing and Urban improvement Department until payment
in full is received by July 1, 2013. My/Our total payment shall be U.S. $180,000.00 .
4. BORROWER'S RIGHT TO PREPAY: I/We have the right to make payments of principal at any time
before they are due. A payment of principal only is know as a "prepayment`. When I/We
make a prepayment, I/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
5. 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.
6. 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 Deed of Trust or mortgage and to all advances heretofore made or which may
hereafter be made pursuant to the First Deed of Trust or mortgage including all sums
advanced for the purpose of (a) protecting or further securing the lien of the First Deed
of Trust or mortgage, curing defaults by the Borrower under the First Deed of Trust or
mortgage or for any other purpose expressly permitted by the First Deed of Trust or
mortgage or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the •
Property. The terms and provisions of the First Deed of Trust or 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 Deed
of Trust, any provisions herein or any provisions 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 Deed of Trust shall receive title to the Property free and clear from such
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 Deed of Trust and (ii) the Lender shall
not have cured the default under the First Deed of Trust within the 30-day period provided
in such notice sent to the Lender,
7. sORROWER(S) PAILURE 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,
reasonable attorneys' fees.
8. Grvino or 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
Packet Page -1578-
10/23/21012 Item 16.D.2.
the Note Holder a notice of my/our different address. 1. 6 ■ ' +� 0
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.
9. OaLIOATIONS OF PMRBONS =DIE THIS NOTE: If more than one person signs this Note, each
person is fully and personally obligated to keep all of the promises made in 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.
10. 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.
11. 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 Borrowers) fail to pay these sums prior to the expiration of this period.
Lender tray 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 THE NAND(S) AND SEAL(S) OP TEE UNDERSIGNED.
•
,"r�J (Seal)
Borrow:.I Kathy H ';�1 o
The Shelter for Abused Women of Collier County
RETURN TO: Collier County Housing & Urban Improvement Department
2800 North Horseshoe Drive
Naples, FL 34104
Phone: (941) 403-2330 Fax: (941) 403-23
'1�l f� �rforhey
Packet Page -1579-
i
3432134 __10/23/2012 Item 16.D.2.
RECORDED In OFFI Lim, i ,.wwo vi 61.ILLIDA uvunit, rL
07/01/2004 at 10:42AM DWIGHT B. BROCK, CLERK
RBC FEE 27.00
Retn:
Prepared by and return to: FINANCIAL ADHIN & HOUSING
2800 N HORSESHOE DR
Lauren J.Beard NAPLES FL 34104
Financial Administration&Housing
2800 N.Horseshoe Drive,#400
Naples,FL 34104
MORTGAGE MODIFICATION AGREEMENT
r
THIS IS a Mortgage Modification Agreement, made effective as of the 0(f~
day
of J�4e , 2004, by and between The Shelter for Abused Women of Collier County,
hereinafter called "Borrower"and the Collier County, hereinafter called "Lender."
WITNESSETH:
______ In consideration of the mutual Aattt ontained_herein, the Borrower and the Lender
agree that: r av , -r .. Q' °„
1. Promissory Note and Mortgage. Borrower has given to Lender, a promissory
note and mortgage dated N,bven and
J,,200t frled``pecember 14, 2001, and recorded in O.R.
Book 2944, Page 1890, PuSlrc 2�,cgrds Q�o11�ount�;,Flbrida. Borrower warrants that it is
still the owner of the ro `c ' }
P Y• !Lair`�er ghat tt 'Lidr tdl Owner and holder of said note and
mortgage. Both parties w�atrra they ha ye jgo6 fight author ity to enter into the Mortgage
Modification Agreement. ' -=s`{ ,
2. Status of Pa men . The first a e
Pay men p ym his deftly 1, 2004 and the mortgage and
promissory note are not in defau�E
- �,, r
3. Modification. In cons a fio(o l 'iutual covenants herein and other good
and valuable considerations, the parties agree t fiat said promissory note and mortgage are
modified as follows:
(a) The principal balance of the promissory note is now $180,000.00, which shall
bear interest from July 1, 2004 at the rate of zero percent per annum.
(b) The principal and interest on said promissory note shall be payable in twenty
equal installments of$9,000.00 each, with the first of such payments commencing on August 1,
2004, and continuing on the same day of each month thereafter until the renewal note is paid in
full.
4. Other Terms. Notwithstanding anything to the contrary herein or in the Renewal
Note or Mortgage, the lien and operation of the Mortgage shall continue in full force and effect
except as modified by this agreement. All other terms of said note and mortgage remain
unchanged.
Packet Page -1580-
I10/23/2012 Item 16.D.2.
Vl\, NJJV 11.J. iLVi
5. Compliance. The Borrower covenants and agrees to perform, comply with, and
abide by each and every one of the provisions of the Renewal Note and Mortgage, as modified
hereby.
6. Agreement Binding. This agreement shall be binding upon and inure to the
benefit of the heirs, legal representatives, and assigns of the Borrower and to the successors and
assigns of the Lender.
In Witness Whereof, the parties have caused this agreement to be executed as of the
date first above written.
nE
DATED this ac day of ■ v4e , 2004.
Lam. - - --
Signed, sealed, and delivered /`,�
in the presence of: �/' ti �\
/
I l '` t
..a
f�C (..? a
Borrower: q
Amok
The Shelter for Abused.V{cen ' "� j
�Co�1 County i
L E
Al. !`
V\ il ) /1.:6.ji
`�
Ka1' rrmann,CEO `' :,`•:` 7 f-
Ci -'
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING instrument was acknowledged before me this .:A41- day
of ,2004, by Kathy Herrmann,who is personally known to me or who has produced_
FLor.rl` UrI Jet A La c.a..--2_4- as identification.
""" Lauren J J ---�
.Beard
PA' )=Commission#DD 159084 Notary Public
a•. J Expires:Oct 24 L
1,,�. .ia, 2006 Name: L <2,u ren �. �PL'�[�
., oFi►,, Bonded Thn,
''n"'' Atlarttic Bonding Co.,Inc.
7
Packet Page-1581-
10/23/2012 Item 16.D.2.
*** UR: . R; FU: 1zUl "7S
Lender:
Col ier County
11* •
H. Denton Baker, Director
Financial Administration and Housing Department
STATE OF FLORIDA
COUNTY OF COLLIER
THE -FOREGOING instal" Rv_' iiawledged before--me--this-- -day
of , 2004, by H. De , Directa rFivancial Administration and Housing
Department of Collier County,,, i6is`personally known tojite ,
y \ �� 1
'
Lauren J. Beard i ,-- v °\\ � y
commission#DDII 59084
Expires:r,Oct'iuu, i`� , , Notary Rc
'Ulf
Atlantic Bonding Cep'1`r r,NameY ?; .G„ ; 6eord
\
4 = L
f
�N -
x`�
• •.roved as o form and
-gal uffi ' y:
Patrick G. White
Assistant County Attorney
Packet Page -1582-