Agenda 02/22/2011 Item #16D6
2/22/2011 Item 16.0.6.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign one (1) Mortgage and Note
Modification Agreement for Single Family Rehabilitation to reconcile the total funds disbursed on
previously recorded security instruments.
OBJECTIVE: To approve and authorize the Chairman to sign one (1) Mortgage and Note Modification
Agreement for Single Family Rehabilitation to reconcile the total funds disbursed on previously recorded
security instruments.
CONSIDERATIONS: Income qualified participants in the Single Family Rehabilitation program must
sign a second mortgage and promissory note prior to any work being performed on their home. The
purpose of this process is to ensure the County's financial investment in the project is protected. Upon
completion of the rehabilitation, the Housing, Human and Veterans Department determines the total
disbursements on each project. Oftentimes the total disbursements are less than the amount awarded and
secured by the recorded security instrument. In order to ensure that the public records and recipient files
accurately reflect the total disbursement per project, staff recommends approval of the attached Mortgage
and Note Modification Agreements.
Approval of this item will correct the following:
Mortgage Final Project Mortgage Being
Applicant(s) File Number Amount
Recorded Expenditures Replaced
Hector Condomina and Elizabeth ER08-09-002 $10,000.00 $5,800.00 OR 4567, PG 799
Condomina
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a
majority vote. - JBW
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign one (1) Mortgage and
Note Modification Agreement for Single Family Rehabilitation to reconcile the total funds disbursed on
previously recorded security instruments.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services
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2/22/2011 Item 16.0.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6.
Item Summary: Recommendation to approve and authorize the Chairman to sign one (1)
Mortgage and Note Modification Agreement for Single Family Rehabilitation to correct the total
funds disbursed on previously recorded security instruments.
Meeting Date: 2/22/2011
Prepared By
Name: DoriaPrisciIla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
2/3/2011 9:47:57 AM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPrisciIla
2/3/2011 9:47:58 AM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 2/3/2011 10:09:33 AM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 2/3/201] 11 :40:51 AM
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 2/4/20] 1 12:]2:32 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 2/4/201] 2:21 :52 PM
Packet Page -915-
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 2/1 0/2011 9:50:48 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/10/2011 1 :43 :24 PM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior,Office of Management & Budget
Date: 2/1112011 4:45:39 PM
Name: OchsLeo
Title: County Manager
Date: 2/13/2011 7:03:09 PM
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2/22/2011 Item 16.0.6.
Cotf!~~.-Lty
COLLIER COUNTY HOUSING & HUMAN SERVICES
3339 E. Tamiami Trail, 9 # 211, Naples, FI 34112
Client Name:
Hector & Elizabeth Condomina
5183 17th Ave SW Naples, FL 34116
File #ER08-09-002
SHIP
IJob Description I General Contractor Amount
Drainfield Dixie Drainfields $5,800.00
Total $5,800.00
Collier County Government
Housing and Human Services Department
Phone: 239252- HOME (4663)
Phone: 239-252-5312
E-Fax: 239 -252-6518
priscilladoria@collieroov.net
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2/22/2011 Item 16.0.6.
INSTR 4430626 OR 4567 PG 799
DWIGHT E. BROCK, COLLIER COUNTY
DOC@.35 $35.00 REC $27.00
OBLD SlO,OOO.OO OBLI SO.OO
RECORDED 5/17/2010 3:07 PM
CLERK OF THE CIRCUIT COURT
PAGES 3
2/22/2011 Item 16.0.6.
FOI\K 0
SECOND MORTGAGE
THIS SECOND MORTGAGE ("Security Instrumenr) is given on I~ day of /wi ti.y
2010. The Second Mortgagor is:
Bector Condominia and Elizabeth Condomina, a married couple
("Borrowe~'). This Security Instrument is given to Collier County ("Lender"), which is organized and existing
under the laws of the United States 01 America, and whose address is 3301 E. Tamiami Trial 11211, Naples. Florida
34112. Borrower owes Lender the sum of Ten Thou..and Dollar.. (U.s. S 10.000. OO). This, debt is evidenced by
~s Note daled the same date as this Security Instrument ("Second Mortgagej, which provides for monthly payments, with the lull
debt, if not paid earlier, due and payable on ..ale of property, refinanoe, or 10.... of home..tead
exemption. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest and all
renewals, extensions liInd modifications; (b) the payment 01 all other sums, with interest advanced under paragraph 7 to protect the security of
the Security Instrument: and (c) the performance 01 Borrowe~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 lollowing described property located in Collier
County. Florida. -------
More particularly described as: lotS, Block 128, Golden Gate UnitS, According to the Plat Thereof, of recorel in Plat Book 5, Page
117 through 123, of the Public Recorels of Collier County, Aorida.
FOUO # 36230200000
and which has the address of
("Property Addressj: 5183 17'h Ave S. W
(Stnlet) ~
Naples, Flarl'~~~t6~O(jA',
(City) ~lV~./\I^"
TOGETHER WITH all the improveme~)irlierea.flererecled on ~gs. ' and all easements, rights, appurtenances, rents,
royaWes, mineral, oil and gas rights and profits; Walwftghts and stock and all fixtu. < n r hereafter a part 01 the property. The Security
Instrument shall also cover all rePlaceme~ts nd lld'~~ f th:,:~oing is referred 'l in this Security Instrument as the "Property".
BORROWER COVENANTS that o~r ~Iy selz ~Slate he~bY ~nveyed and has the right to mortgage, grant
and convey the Property and that the Pro rty i I unencumbe .d~pt lor e~cumbran~s of record. Borrower warrants and will delend
generally the tiUe to the Properly against 8'11 cia , rancl.s of record.
THIS SECURITY INSTRUMENt co s.n S u co 1ts n' ahe! noh- unilorm covenants with limile<! vanallen by
jurisdiction to constitute a uniform securitY ins m t eri g 'l'al p~~ ' L.)
UNIFORM COVENANTS. Bormver e ~gree I l~
1. Payment of Principal and In~~repaymenl and Late ~arges BorrP@;i.,_haIlPromptiypaYwhenduethePrinCipalof
and interest on the debt evidenced by the i\i~, j'k /9 J
2. Taxes. The Mortgagor will pay llh,utx ,assessments, sewer ~ .or Ie~f/!l priorto the accruai 01 any penalties or interest
thereon. \'.~.'-... '/ G7
The Mortgagor shall payor cause to bll.P~~e same respectively~~me.Aue. (A)(I) all taxes and govemmental charges of
any kind whatsoever which may at any time be laW(uff.fa$SeS$~ or Ield.~ini\.~h respect to the Property, (2) all ulllity and other
charges, including 'service charges", incurred orimp.~? . . 'Wlt!.lti~nce, use, occupancy, upkeep and improvement of the
Property, and (3) all assessments or other govemmenlli . Wfully be paid in installments over a period of years, the
Mortgagor shall be obfigated under the Mortgage to payor cause to e paid only such installments as are required to be paid during the term
of the Mortgage, and shall, prompUy after the payment of any 01 the loregoing, forward to Mortgagee evidence ohuch payment
3, Application of Payments. Unless applicabie law provides othelWise, all payments received by Lender shall be applied; first to
interest due; and, to principal due; and last. to any late charges dUB under the Note.
4. Charges; Uens. Borrower shat! pay all tares, assessments, charges, fines and impositions attributable to the Properly which
may altain priority over this Security Instrumen!, and leasehold payments or ground rents, if any. Borrower shall promptly fumish to Lender
all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) sgrees in wrffing to
the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good lalth the lien by, or defends against
enlorcement of the lien in, legal proceedings which in the lende~s opinion operate to prevent the enlorcement of the lien: or (c) secures from
the holder of the lien an agreement satislactory to Lender subordinating the lien to this Security Instrument If Lender determines that any
part of the Property is subject to a lien, which may altain priority over the Security Instrument. lender may give Borrower a notice identifying
the lien. Borrower shall satisfy the lien or lake one or more of the actions set lorth above within 10 days of the giving of notice.
5. Hazarel or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Properly
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, inciuding floods or flooding, lor
which lender requires insurance. This insurance shall be maintained in the amounts and lor the periods that Lender requires. The
insurance camer providing the insurance shall be chosen by Borrower subject to Lende~s approval, which shall not be unreasonably
withheld. If Borrower faiis to maintain coverage described above, Lender may, at Lende~s option, obtain coverage to protect Lende(s rights
in the Properly in accordance with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect
to the Premises against such risks and for such amounts as are customarily insured against and pay. as the same become due and payable,
all premiums in resped thereto, including, but not limited to, all-risk insurance protecting the interests 01 the Mortgagor and Mortgagee
against loss or damage to the Premises by fire, lightning, and other casualties customarily insured against (including boiler explosion. if
appropriate), with a unilorm standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be
in an amount not less than the full replacement cost of fhe Premises, exclusive olfootings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall indude a standard mortgage clause. Lender shall h3'le
the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. In the event olloss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make prool of loss
if not made promptly by Borrower.
Unless lender and Borrower otherwise agree in writing, insurance proceeds shall be appr.ed to restoration or repair of the Properly
damaged, if the restoration or repair is economlca.lly feasible and Lende(s security is not lessened. lIthe restoration or repair is not
economically leasible or lender's security would be lessened. the insurance proceeds shall be applied to the sums secured by the Security
Instrument. whether or not then due, with any excess paid to Borrower. If Borrower abandons the Properly, or does not answer within 30
days a notice from Lender1hat the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender
may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-
day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments relerred to in paragraph 1 or change the amount 01 the
payments. If under paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquis~ion shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior to the acquisition.
1
re"",ed.lor'p
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OR 4567 PG 800
2/22/2011 Item 16.0.6.
FOIIX 0
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's loan Application, Leaseholds.
Borrowershall occupy, establish, and use the Property as Borrower's principal residence within sixty days aflerthe execution of this Security
Instrument and shall continue to occupy the Property as Borr~r's principal residence for at least one year after the data of occupancy,
unless Lender othelwlse agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's controt. Borrower shall not destroy damage or impair the Property, allows the Property to deteriorate, or comm~
waste on the Property. Borrower shall be in default If any forfeiture action or proceeding, whether civil or criminal, is begun that in lender's
good faith judgment could result In forfeiture of the Property or othelwlse materially impair the lien created by this Security Instrument or
lender's security interest Borrower may cure such a default and reinstate, as provided in paragraph 18. by causing the action or proceeding
to be dismissed with. ruling that in lender's good faith determination, preclUdes forfeiture of the Borrower's interest in the Property or other
material Impairment of the lien created by this Security Instrument or lender's security interest Borrower shall also be in default if Borrower,
during the loan application process, gave maleriallyfalse or inaccurate information or statements to Lender (or failed to provide Lenderv.ith
any material information) in connection with the ioan evidenced by the Note, including, but not limited to, representations conceming
Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on leasehold, Borrower shall comply with all the
provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee tille shall not merge unless lender agrees to
the merger In writing.
7. Protection oflende'" Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect lender's rights in the Property (such as e proceeding in
bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary
to protect the value of the Property and 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 attomeys' 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
lenns of payment these emounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest upon
notice from Lender to Borrower requesting payment
8. Mortgage Insul'3nco. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage
insurance coveraga required by lender lapses or ceases to be in effect. Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the mortgage insurance previously in effect, at a cost substantially l!Cluivalentto the cost to Borrower of the
mortgage insurance previously in effect, from an altemate mortgage insurer approved by Lender. If substantially equivalent mortgage
Insurance coverage is not available, Borrower shall pay to L!.~~ sum equal to one.twelfth of the yearly mortgage insurance
premium being paid by Borrower when the insurance~- lJf<s~- S'eclto be in effect. lender will accept, use and retain these
payments es a loss reserve in lieu of mortgage ins. . ~ay no longer be required, at the option of Lender, if
mortgage insurance coverage (in the amount alJO'::f@ riod that lenderuiretl:provided by an insurer approved by lender again
becomes availab!e and Is obtained. Borrower ~~~ihe premiums required to ~1ai"'mortgage insurance in effect, or to provide a loss
reserve, until the requirement for mortgage jr\sura. . . ccordance with any'wrIlteMfgreement between Borrower and Lender or
applicable law. I . / ---:-:----J\ ~ \
9. Inspecllon. Lender or its all.ent may make s9 e enlrie9, upon an in sp,ect ions of the Property. Lender shall give
Borrower notice at the tinie of or prior to a/l ins f e insPection.
10. Condemnation. The Pi of {an r lIr m r a a~ ,direct lor consl!Cluential, in connection with any
condemnation or other taking of any part the rop\:,rty, f veif n . ie f ndeiTJnation, ere hereby assigned and shall be paid to
Lender.lntheeventofatotaltakingofth , . . pplie 0 s ~~ecuredbythisSecuritylnstrument,whether
or not then due, with any excess paid to ~r. n the even of a pa I takIng of ::~erty, in which the fair marllet value of the
Property immediately before the taking is e~~!O or greater than the amou .. J thejsu~~~red by this Security Instrument Immediately
before the taking, unless Borrower and Len~~~'llrwlse agree in writing, i/II1s,seyll this Security Instrument shall be reduced by
the amount of the proceeds multiplied by the.....~ fraction: (a) the total arhojJ~ . sums secured immediately before the taking,
divided by (b) the fair marl<et value of the Pro~ i iately before the takin~ 'b3Il!nce shall be paid to Borrower. In the event of a
partial taking of the Property in which the fair marl<81 ,e '. &Property il)JPle!!i~l~ ore the taking is less than the amount of the sums
secured immediately forthe taking, unless Borrowe~~..'f @.'.tingorunlessapplicablelawotherwiseprovides,the
proceeds shall be applied to the sums secured by this . ~ ther or not the sums are then due. Unless Lender and
Borrower othelwlse agree in writing, any application of procee nncipal shall not extend or postpone the due date of the monthly
payments referred to in paragraphs 1 or change the amount of such payments.
11. Borrower Not Released, Forbeal'3nce By lender Not a Waiver. Extension of the time for payment or modification of
amortization ofthe sums secured by this Security Instrument granted by lenderto any successor in interest of Borrower shall not operate to
release the Iiabilrty of Ihe original Borrower or Borrowe~s successors In interesl Lender shall not be required to commence proceedings
against any successor in interest or refuse to extend time for payment or othelwlse 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.
12. Successors and Assigns Bound; Joint and Sevel'3l liability; Co.signers, The covenants and agreements of this Security
Instrument shall bind and benefrt 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 CC>-$igns this Security Instrument buldoes not execute the Note; (a)
is co-slgning this Security Instrument only to mortgage, grant and convey that Borrowe~s interest in the Property under the terms of this
Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the
Note without that Borrower's consent
13. loan Charges. If the loan secured by this Security Instrument is subject to a law whicl1 sets maximum loan charges, and that
law is finally interpreted so thallhe interest or other loan charges collected orto 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 underlhe Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing n by first
class mall unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address
BO!TOWl!!r designates by notice to Lender. Any notice to Lender shall be given to Borrower or lender when given as provided In this
pa18graph.
15. Governing Law; Severability. Federal law and the law of the jurisdiction in which the Property is located shall govem this
Security Instrument In the event that any provision or clause of this Security Instrument or the Note conmcts with applicable law, such
conflict shall not affect other provisions oflhis Security Instrument or the Note which can be given effect withoutlhe conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
1&. BolTOwer's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property ora Beneficiallnterestin 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 wrillen
consent Lender may, at its option. require immediate payment in full of all sums secured by this Security Instrument However, lendershall
not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. If lender exercised this option. lender
shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or
mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withoul further notice or demand on
BO!TOWl!!r.
18. Borrower's Right to Reinstate. If Borrower meets certain condllions, Borrower shall have the right to have enforcement of
2
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~** OR 4567 PG 801 ***
2/22/2011 Item 16.0.6.
FOllM 0
this Security Instrument discontinued at any time prior to the eartier of : (a) 5 days (or such other period as applicable law may specify lor
reinstatement) before sale of the Property pursuant to any power 01 sale contained in this Securtty Instrument; or (b) enlly of a judgment
enforcing this Security Instrument Those conditions are that Borrower. (a) pays Lender all sums Yotlich then would be due under this Security
Instrument and the Note as If no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all
expenses incurred in enforang this Security Instrument including, but not limited to, reasonableatlomey's fees: and (d) takes such action as
Lender may reasonably require to assure that the fien of this Security Instrument, l.ende~s rights in the Property and Borrowe~s obligation to
pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and
the obligations secured hereby shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not apply
in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Service.. The Note ora partial intereslln!he Note (together with this Securitylnstrumentl may
be sold one or more times without prior notice to Borrower. A sale may result in a change In the entity (known as the "Loan Service") that
collects monthly payments due under the Note and this Security InstnJment There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. II there Is a change ofthe Loan Servicer, Borrower will be given wrillen notice of the changa In accordance
with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to Yotlich
payments should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is In
violation of any Environmental Law. The preceding \we sentences shall not apply to the presence, use, or storage on the Pltlperty of small
quantities of Hazardous Substances that are ganerally recognized to be appropriate to normal residential usas and to maintenance of the
Property. Borrower shall promptly give Lender wrillen notice for any investigation. claim, demand, lawsuit or other action by any govemmental
or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of Yotlich Borrower has
actual knowledge. If Borrower leams, or is notified by any govemmental or regulalcry euthority, that any removal or other remediation of any
Hazardous Substance affecting the Property Is necessary, Borrower shall promplly take all necessary remedial actions in accordance with
Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, \/Olat/le solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,
"Environmental Law" means federal laws and laws of the jurisdiction Yotlere the Property is lceated that relate to health, safety or
environmental protection.
21. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowe~s breach of any
covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides
otherwise). The notice shall specify: (a) the default (b) the ~c:u-~_cure the defaun: (c) a date, notless than 30 days from the date
the notice is given to Borrower, by Yotlich the default my a€l~ . ure to cure the default on or before the date specified in
the notice may result in acceleration of the sums '~Il ~~. foreclosure by judicial proceeding and sale of the
Property. The notice shall further inform Bo @. right to reinstate r$~ration and !he right to assert In the foreclosure
preceding the non-existence of a default or an o~~Iense of Borrower to acce rlUClITend foreclosure. If the default is not cured on or
before the date specified in the notice, Len. r, at )lS~lIY require immediat~~ynlent in full of all sums secured by this Security
Instrument without further demand and may orecj6se~ecu by judiCl I prolleeding. Lender shall be entitled to collect all
~~~:: ~:~oe:~ pursuing the remedial proted in thlS~ra 21, in ding, b ~ot Ii~ited to. reasonable attomey'sfees and costs
22. Release. Upon payment of fill su s th e der tlhan release this Security Instrument, without
charge, to Borrower. Borrower shall pay ~ny rd .
23. Attorneys' Fees. As used i~lIIIs Note It " Shall indude any attomeys' fees awarded
by an appellate court. ~~ 'C!:;
24. Riders to this Security Ins \ Ifoneormoreridarsa ut~b ''0 werandrecordedtogetherwiththisSecurity
instrument the covenants and agreements such rider shall be inco lied) ,ljIiall amend and supplement the covenants and
agreements of this Security Instrument as if s) were a part of this sec';l')!l~nl. (Check Applicable Box)
o Adjustable Rate Rider 0 p Rate Imp~~r 0 Condommium RIder
O ~,-h~C~r 0
Graduated Payment Rider -":~r Second Home Rider
o Balloon Rider 0 Biweekly Payment Rider 0 Planned Untt Development Rider
o
. In~yument and in any rider(s)
Wrtness Signature:
Witness Print Name: _+1 i..s6 lit;. ./'rJ,..; "'-
Signature:
Borrower ~ actor con~na . IltJ-.-
Signature: . ,}..(lbI'Z"h lei fr/1U .
Borrower --.z:lizabeth Condomina
Wr.ness Signature:
Witness Print Name:
Address:
5183 17" Ave SW
Naples, FL 34116
STATE OF FLORIDA
COUNTYOF~
I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take
acknowledgements. personally appeared Hector Condomina and Eli::abeth Condomina to me known to be !he person(s)
described in and who executed the foregoing instrument and acknowledged before me that HE! SHe executed the same for the
plllpose therein expressed.
My Commission Expires:
J../o y
,2010.
N
(Seal)
r't'~"'''......'''''''''''''''''''.'.''''.'''.'
P::>ISCi'..LA DORIA :
! Comm# 000891636 !
S t! rnirAs 512012013 S
! ..,'. "'''''YAssn.1nc !
""......u......:.H.............~.................
3
c:t't1'1l!d.1oIp
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PROMISSORY NOTE
2/22/2011 Item 16.0.6.
Date: May 14, 2010
Borrower: Hector Condomina and Elizabeth Condomina
';183 17th Ave SW
roperty Address)
Naples
(City)
Florida
(State)
34116
(Zip)
1. BORROWER (S) PROMISE TO PAY: I/We promise to pay TEN THOUSAND DOLLARS ($10,000.00)
(this amount will be called "principal") to t.he order of Collier county or to any
other holder of this Note (the "Lender"), whose address is 3301 E. Tamiami Trail,
Naples, Florida 34112. I/We ~~derstand that the Lender may transfer the Promisso~~ Note.
'J~he Lender or anyone who takes this Note by transfer and who is entitled to receive
payments under this Note will be called the lINote Helder",
2. INTEREST: Interest on this Note shall be zero percent (0%) per an..'1.um; except t.hat if I/We
fail to pay this Note as required, the interest rate shall be twelve percent (12%) per
annum from the date when pa,~ent of this Not.e is due until l/We pay it in full.
3. PAYMENTS: Principal payments shall be deferred until transfer of title, sale of
property, refinance, or loss of homestead exempti2n, Or until fifteen years from the
original mortgage date, whichever happens first. The recapture clause is as follows:
Days 1 through 1,825, 100% of the principal amount is due, days 1,826 through 3,650,
66.7% of the principal amOlh'1.t lS due, days 3,651 through 5,475, 33.4% of the principal
amount is due and day 5,476 and after 0% of the principal amount will be due. These
amounts will not be pro-rated on a per diem basis. My/Our total payment shall be U.S.
$10,000.00.
4. BORROWER'S RIGHT TO PREPAY: l/We have the right to make payments of pr:.nc::.pa: at any time
before they are due. 'A payment of principal only 1S kno......TI as a "prepa~ymer:tll. v.,Then I/We
make a prepayment, I!we will tell the Note Holder in writing t,hat l/we am doing so.
I/We may make a full prepayment or partial prepaym~,t charge. The Note Ho:der will use all
of my prepa:}'ments ~,O reduce the amount of the principal that I owe '.lnder this Note. If
I/We make a partial prepayment, there w:.ll be no changes in the due date or in the amount
of my monthly payment unless the Note Holder. agrees in wri t.ing to :.hose ohanges. If I/We
make a partial prepa}1llent, there will be no prepayment penaJ.ty adhering to or associat.ed
with such p=epayment '
5. LOAN CHARGES: If a law, which applies ~o this loan and which sets maximum loan charses, is
:inally interpreted so that the int.e1'est or other loan charges collect.ed or to be collected
in cOlli~ection with this loan exceed the permitted limits; then (i~ any such loan charges
shall be reduced by the amount necessary to l-educe ~he charges to the permitt,ed limit; and
(ij.) any sums already collected from me which exceeded pe.rrr.:..tted limits will be re,:u..71ded to
me/us. The Note Helder may choose to make t.his refund by reduc:..ng the pr.:.nci,pal :.hat I/We
owe under this Note or by maki::1g a direct payment to melu.s. If a refu.'l.d reduces p:-i.ncipal,
the reduction will be treated as a partial prepayment.
6. SUBORDINATION: IJender and 3oryolt!er ackno,^Tledge and agree that lr..is Security :nstrument is
subject and s'~ordi~ate in all respects to the liens, ~el~s, covenants and conditio~s of
::he Firs~ Deed of Trust a...'1.d ::0 a.ll a.dvances heretofore made or which may hereafter be made
pursuant to t.he .First Deed of Trust including all sums advc.Dced fer the purpose of fa")
prc-:ecting or fu!'ther securing the lien of the First l:leed of Trust, curing defaults by th:e
Borrower under' the First Deed of Trust or for any other purpose expressly permitted by t.he
First Deed of Trust: or Cb) constructing f renova-c.ing f repairing', fur:-..ishing. fixturing or
eqJipping the Property. The terms and provisio~iS or the First Deed or Trust are paramo~~t
and controlling, and they supersede any other terms and provisions hereof in confli.::t
there\o!i,<;:.h. In the~~vent of a foreclosure or deed. in lieu of :!:oreclos'...:re of ::he First Deed
of Trust, any pro~.".:.sicns :herein 0::' a~y prov::-sions in any ether col1ateraJ agl~eement
restrict.:..ng the use of the Property to low or madey-ate inccme households or otherw.:..se
restricting- the Bar-rower' s abil:.~y to sell the Property shall have r:o fu~:ther force or
ef feeL on subsequ~.nt O\-.Tley's or. p~::"~c~la.sers of the Property. ]".:n.y person, including his
successors or hSSlg:-l.S (other tna.:: ~ne Borrower or a relc:ted e:ltit,y of the Borrower),
:"ecei ving ti ::le ~D t.he Prope"!:"ty through a roY"eclos'.lre or deed in lie.u of foreclosure of the
First Deed of T-:,ust shall receive title to t.he Property frE:e and :::leaT from such
yest.rictions
~~~::=he~, ~:,f Q t~~e .~~~io:~J.,i~~ ~.Hol~e~ ,~ccr~i:~,~~.tit~e to t~~~>-pr~.~:.,:t~~ ,pursl:,:r:~ 1 ~~ a de~d ~n
.:..1 eu 0.... L.....-r _C_.QS,-,-.,l.. '-', .....Je ...l. ~.en G~ LL1S _,e~...._ _ ty ...l.nstruillt::::..lL. S.:..':l._..:.. aLtomaL.l.ca,.l..;_Y ter~J..na,-e
'c.:.pon '.::.he Se~i.Dr Lien :iol,der's acquisition of t.itle, provided ::~at. {i) the Le:1der has been
give.n written notice of a default u..'"1cer the Fi!'st. Deed of Tr...:.s:: and (ii) the Lender shall
r:ot. have cu~ed "che default u.nde::- the ?:rst Deed of Trust wi,:b.in ::he ?O-day period t::rovided
l~ such ~otlce sent to the Le~der.
, . BORRO~~R (S) FAILURE TO PAY AS REQUESTED:
(A) Default
If I/we do not pay ~he full amount as required in Section 3 above, I/we will be ~.~. default.
If I am in default, the Note Holder may bring about any actions not prohi.bit.ed by
applicable law B..."'1d r'2quire me/us t.o pay the No::e Holdey' s cost fuld expe:1ses a.s desc:-:,bed in
:3) below.
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2/22/2011 Item 16.0.6.
iE) Payment of Note Holder's Cost and Expenses
If the Note Holder takes such actions as described above, the Note Holder will have
right to be paid back for all of its costs and expenses, including, but not limited
reasonable attorneys' fees.
i
the
tb,
8. GIVING OF NOTICES: Unless applicable law required a different method, ~~y notice that must
be given to me/us under the Note will be given by delivering it or by mailing it by first
class mail to me at the Property Address on Page 1 or at a different address if I/we give
the Note Holder a notice of my/our different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) or at a
different address if I/we have been given a notioe of that different address.
9.
OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each
person is fully and personally obligated to keep all of the promises made in this Note,
including the p::omise to pay the full amount owed. Any person who is a guarantor, surety
cr endorser of this Note i.s also obligated to do these things. Any person, who takes over
these otligatior:s, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in trois Note. The Note Holder may
enforce i:=-s rights t:J1der this Note against each pe,rson individuaJ.~_y or against all of us
cogether. This means chat anyone of us may be requi::ed to pay all of "he arcounts owed
under tt.is Note.
10.
WAIVERS: I and any other pe::cson who has obligations under this Note waive che rights of
presentment and notice of dishonor. "Presentment" means the right to require the Note
Holder to demand payment of am01.mts due. "Notice of Dishonor" means the right to require
the Noce Holder to give notice to other persons that amounts due have not been paid. i
UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in so~e
jurisdictions. In addition to the protec~iDn giv61 to the Note Holder ~~der this Note, !a
Mortgage, ~eed of Trust or Security Deed (the "Security Instrument"), dated the same date
as this Ncte, prot.ects ':he Note Holder from possible losses which might. result if I/we ~o
not keep the promises ~~ich I/we make in this Note. That Sec~~ity InstrDmen~ describes h9w
and under \',that c:onditicr:;s I/v..re may be l.-equired to make immediate pa}'111ent in full of afl
amount.s I/we OV7e under t.his Note. Some of those conditions axe described as :::"01 lows :
11.
Transfer of tbe Proper:y or a Beneficial I.nterest in Borrower. If all or any part of the
prcper'::y or a:-:y i:l,,::e:=est in it is sold or transferred (or if a beneficial interest in
Borrower is sold or transferred A.."1d Bor~ower is not a natural person) without Lender I S
prior v.,~ritt€n consent, Lender may, at it.s option, require imrnediate pa.yment in full or all
sums secured by :his Security Instrumen~. However, Lender shall net exercise this option
if federal :aw as of the. date of this Security Inst.rument prohibits exercise.
If Lender exercises t~is apti.on, Lender shall give Borrower notice of acceleration. The
nDtice sha11 provide a period. of not less tha.."1 thirty (30) days f=om the date the notice is
delivered or l":"1ailed, within which Bo:r:Tower must pay all sums secured by this Security
Ins".:::::-;.l:ne.r;.t. If Bo~r()wer (8) fail to pay these sums prior to the EJ...pirat ion of t.his p€.!'iod,
Le:1ccr may invoke a.::y !:"emsdi.es perrnitted by this Security Instrument wi-:hout f1;.rther notice
or demand or: Bcrl-ower.
Notwitl:st2nding the above, t.he Lender 1 s rj.ghts to colle::t and apply the insurance proceeds
hereunder s!"lalJ.. be subj ect and subordinate to ~he rights of the Senior Lien Holder to
collect and apply such p~oceeds in accordance with ~he First Deed of Trust.
J.2. This note is governed and construed in accordance with the Laws of the State of Florida:.
WIT~F.E.-~7{SY:.1Q"'DSEAL (S) OF THE UNDERSIGNED.
------ Q~~/ -------
BOcTowEr/ Hector Condimina
(S",al)
_thl- /j~r~
BOrrOWf,)
:Un&.
Condomina
(Seal)
RETURN TO:
==~~=========~=~=====~====~==========================~================~======:~=========
Collier Cc'X'";ty Housing & Human Services
Single FamiJ.y Rehabilitation Program File# ER08-09-002
3301 E. :amiami Trail Bldg H #211
Naples, FL 341:2
Attn: Frar:k Ramsey
Phone: (::39) 252-5312 Fax: (239)252-6542
Packet Page -922-
2/22/2011 Item 16.0.6.
Prepared by and return to:
Priscilla Doria
Housing, Human and Veteran Services
3339 E. Tamiami Trail, #211
Naples, FL 341 12
MORTGAGE AND NOTE MODIFICATION AGREEMENT
THIS IS a Mortgage and Note Modification Agreement, made effective as of the
l ~ day of ~ J~VY~Jf/, , 2010, by and between Hector Condomina and
Elizabeth Condomina, hereinafter called "Borrower" and the 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 May 14, 2010 filed May 17, 2010 and recorded in O.R. Book 4567,
Page 799, in the Public Records of Collier County, Florida, collectively referred to hereinafter as
the "Loan Documents" encumbering the following described real property (the "Property"):
More particularly described as: Lot 5, Block 128, Golden Gate, Unit 5, according
to the Plat Thereof, of record in Plat Book 5, Page 117 through 123, of Public Records of
Collier County, Florida. Folio # 36230200000.
Borrower warrants that it is the present owner in fee simple of the Property. Lender
warrants that it is the present o\Vner and holder of said note and mortgage and that no judgment
liens have been recorded on the Property subsequent to the Mortgage being recorded. Both
parties warrant they have good right and authority to enter into the Mortgage and Note
Modification Agreement.
2. Status of Payments. Presently no payments are required under the Loan
Documents and 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 $5.800.00, which shall be
at the rate of zero percent per annum.
Documentary Stamp Tax and Intangible T~'( were paid on the original Mortgage in the amount
of $10,000.00, recorded in Official Records Book, 4567, Page 799, Public Records of Collier
County, Florida. This Mortgage and Note modification does not increase the amount of the
mortgage.
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2/22/2011 Item 16.0.6.
(b) No Payments are required as long as the Borrower does not sell, refinance or
lose the Homestead Exemption on the Property.
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 Loan Documents 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 Loan Documents, 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.
7. The Borrower and Lender agree that this AbJTeement shall not constitute a notation
of the Mortgage and Note and shall in no way adversely affect the lien priority of the Note and
Mortgage nor shall be constructed to be a release in whole or in part of the Note and Mortgage,
and that except as specifically modified herein, the Mortgage and note shall remain unchanged
and will continue in full force and effect.
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
B~-~
~:' --
~':{;.nd.mina -
,
Co Borrower:
ei;~ dl,l-lJ, (;~L ~
Elizabeth Condomina
"Titness
STATE OF FLORIDA
COUNTY OF COLLIER
\ . THE FOREGOING instrument was acknowledged before me this \q;J. day
of f\( I' I\.y!,b-{~,-, 2010, by Hector Condomina and Elizabeth Condomina, who is L
personally known to me 0 ---.- uced--.-.-_._-'~----_.
~~~~~~i ttl,) M;x*:t~~=l ( t,\!I\~) Ii ;' r: 1 i (!) ') "
,..'..~.~t~~::r.:'- F_'~~adThruNolaryPublicUnderwrilers Notary Public (\ . 1
~Jr'h( . ~ ;-.;,-j _ J ; ; / _, ','.."
Name: r \:.r'~! i //'";",17 \ V f~ tcr~'l'"\.~,
Documentary Stamp Tax and Intangible Tax were paid on the original Mortgage in the amount
of $10,000.00, recorded in Official Records Book, 4567, Page 799, Public Records of Collier
County, Florida. This Mortgage and Note modification does not increase the amount of the
mortgage.
Packet Page -924-
2/22/2011 Item 16.0.6.
Lender:
Collier County
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
Approved as to form
and legal sufficiency:
Recommend Approval: '
!
~-~e)~~
Jennifer B. White
Assistant County Attorney
/~
rMar y Krumbine,
Director
Housing, Human & Veteran Services
] O-IMP-00085i2
Documentary Stamp Tax and Intangible Tax were paid on the original Mortgage in the amount
of $10,000.00, recorded in Official Records Book, 4567, Page 799, Public Records of Collier
County, Florida. This Mortgage and Note modification does not increase the amount of the
mortgage.
Packet Page -925-