Agenda 05/24/2011 Item #16D 55/24/2011 Item 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign four (4) satisfactions of
mortgage for owner - occupied affordable housing units that have satisfied the terms of
assistance or repayment in full has been provided to Collier County.
OBJECTIVE: Approve and authorize the Chairman to sign four (4) satisfactions of mortgage
for owner - occupied affordable housing units that have satisfied the terms of assistance or
repayment in full has been provided to Collier County.
CONSIDERATIONS: Collier County offers assistance to individuals to make repairs to owner -
occupied housing units through state and federal grants, such as the federal HOME Investment
Partnership Program (HOME). In conformance with the requirements of HOME, and contained
at 24 CFR 92.254, homeowners receiving grant funds not exceeding $15,000 are subject to a five
(5) year recapture provision.
If the homeowner(s) continues to occupy the property as their primary residence during the
initial five (5) year period, the assistance provided is forgiven. The following table details two
(2) clients who have fulfilled the obligations of the HOME assistance provided and are entitled
to a satisfaction of mortgage.
Name(s)
Address
Date Assistance
Date Assistance
Eric Desvaristes
2522 Linwood Ave
Provided
Forgiven
Sylvia Estrada
10217 Palm Drive
02/22/2006
02/22/2011
Helen Franklin
405 E. Delaware Ave
04/28/2006
04/28/2011
The State Housing Initiatives Partnership Program (SHIP), a state affordable housing grant,
offers assistance to first time homebuyers for use toward a portion of the required down payment
and emergency repairs to the newly acquired home. As a condition of award, the homeowner
must repay the assistance provided upon sale, refinance or loss of homestead exemption. The
following table details two (2) clients who have repaid all funds expended on their behalf and are
entitled to a satisfaction of mortgage.
Names
Address
Funds Expended
Payoff Received
Eric Desvaristes
2522 Linwood Ave
$5,000.00
$5,000.00
Joab F. Damessous &
Ludnie Pierre
5261 Dixie Drive
$2,898.36*
$2,898.36
*Clients were awarded a total of $5,000.00 and a second mortgage for this amount was recorded in the Public
Records of Collier County. However, only $2,898.36 was expended as follows: $2,500.00 toward down payment
and $398.36 toward emergency repairs. The remaining available funds were never expended.
Approval of this item will authorize the Chairman to sign the aforementioned satisfactions of
mortgage and the executed documents shall be recorded in the Public Records of Collier County,
Florida.
Packet Page -1478-
5/24/2011 Item 16.D.5.
FISCAL IMPACT: SHIP funds in the amount of $7,898.36 have been repaid and are
considered program income. Such funds may be reused for eligible SHIP program activities.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. — JW
STAFF RECOMMENDATION: Approve and authorize the Chairman to sign four (4)
satisfactions of mortgage for owner - occupied affordable housing units that have satisfied the
terms of assistance or repayment in full has been provided to Collier County.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Packet Page -1479-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5.
5/24/2011 Item 16.D.5.
Item Summary: Recommendation to approve and authorize the Chairman to sign four (4)
satisfactions of mortgage for owner - occupied affordable housing units that have satisfied the
terms of assistance or repayment in full has been provided to Collier County.
Meeting Date: 5/24/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
4/26/2011 3:00:41 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPriscilla
4/26/20113:00:42 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 5/2/20112:14:32 PM
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 5/4/2011 10:55:04 AM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 5/9/2011 9:10:08 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/11/20114:08:36 PM
Packet Page -1480-
Name: RamseyMarla
Title: Administrator, Public Services
Date: 5/12/2011 10:37:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/20113:53:27 PM
5/24/2011 Item 16.D.5.
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 5/16/2011 8:12:38 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 5/17/2011 8:07:18 AM
Packet Page -1481-
Prepared by:
Priscilla Doria
Collier County
Mousing, Human & Veteran Services
3339 E'Famiami Trail
Naples, FL 34112
SATISFACTION OF MORTGAGE
5/24/2011 Item 16.D.5.
THIS SPACE FOR RECORDING
KNOB' ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3301 E 'I'A.MIAM1 TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Sylvia Estrada to COLLIER COUNTY, bearing the date of February 22, 2006,
recorded February 28, 2006 in Official. Records Book 3989 Page 3968, of the Public Records of Collier
County, Florida, securing a principal sum of $5,929.50 and certain promises and obligations set forth in
said Mortgage, upon the property situated in said State and County described as follows, to wit:
32 46 29 BEG AT PT 39.19FT S of NW COR W 'h OF NE 1X4, THENCE S 460.71ft to POR, F,
1.35FT, S 1.00FT, W of the Public Records of Collier County, Florida. (12017 Palm Drive,
Immokalee, Florida 34142) .Parcel No.00075440006
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
Dated this day of , 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
Jeff E, NViight
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
MIM
FR:E1) W. COYLE, CHAIRMAN
Packet Page -1482-
5/24/2011 Item 16.D.5.
Prepared by:
Priscilla Doria
Collier County
Housing, .human & Veteran Services
3339 E. Tamiami Trail
Naples, FI, 34112
'i'HIS SPACE FOR. RECORDING
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3301 E TAMIAMI: TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Helen Franklin to COLLIER COUNTY, bearing the date of April 28, 2006,
recorded August 24, 2006 in Official Records Book 4094 Page 2812, of the Public Records of Collier
County, Florida, securing a principal sum of $9,020.00 and certain promises and obligations set forth in
said Mortgage, upon the property situated in said State and County described as follows, to wit:
Legal Description: Lot 4, Block 6 of the Mainline Subdivision according to Plat Book 1, page 98 of
the Public Records of Collier County, Florida. (405 E. Delaware, Immokalee, Florida 34142)
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
Dated this day of , 2011.
ATTEST:
DWIGHT E. BROOK, Clerk
By:
, Deputy Clerk
Approved as to form and y
legal suk'f icfEncy:
t
Jeff E. 14 riAt
Assistant (' ounty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Packet Page -1483-
Prepared by:
Priscilla Doria
Collier County
Housing, Iluman &: Veteran Services
3339 E. Tamiami Trail
Naples, FI., 34112
SATISFACTION OF MORTGAGE
5/24/2011 Item 16.D.5.
THIS SPACE FOR RECORDING
KNOW A1.1a MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3341 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Joab F. Damessous and Ludnie Pierre to COLLIER COUNTY, bearing the date
of May 9,, 2003, recorded May 14, 2003 in Official Records Book 3290 Page 2133, of the Public Records
of Collier County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set
forth in said Mortgage, upon the property situated. in said State and County described as follows, to wit:
Lot 16, Block 2, Naples Manor Unit 1, of the Public Records of Collier County, Florida. (5261 Dixie
Drive, Naples, Florida 34113)
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court. to cancel the same of
record.
Dated this day of _ 120 11.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufnoency:
Jeff E. right
Assistant Count-
y Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA.
Bv:
FRED W. COYLE, CHAIRMAN
Packet Page -1484-
Prepared by:
Priscilla Doria
Collier County
Housing, Human & Veteran Services
3339 E. Tamiami Trail
Naples. FL 3411.2
SATISFACTION OF MORTGAGE
5/24/2011 Item 16.D.5.
THIS SPACE FOR RECORDING
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3301 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Eric Desvaristes to COLLIER COUNTY., bearing the date of June 25, 1997,
recorded July 8, 1997 in. Official Records Book 2329 Page 0729, of the Public Records of Collier
County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set forth in
said Mortgage, upon the property situated in said State and County described as follows, to wit:
Lot 3, and the East 28 feet of Lot 4, Block 3, Burdale, according to the Wrap OR Plat thereof
recorded in Plat Book 4, .Page 2 of the Public Records of Collier County, Florida. (2522 Linwood
Avenue, Naples, Florida 34112)
COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and
surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of
record.
Dated this
ATTEST:
DWIGHT E
By:
day of 2011,
BROOK, Clerk
, Deputy Clerk.
Approved as to fbn-n and
legal !�u,fficiency:
d
3efi7E. Wright
AssistaA County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Packet Page -1485-
Retn: 3892015 OR; 4094 5/24/2011 Item 16.D.5.
HOUSING 5 GRANTS CBDG RICORDID in the OFFICIAL RICORDS of (
HORSISHOI DR 08/24/2006 at 03:09PK DWIGHT B. BROCI, CLINE 051111 9u[11.111)
ATTN: WINDY ILOPF RIC 111 35.50
Project Number HM 05. 06-005 DOC-.35 31.85
MORTGAGE
THIS MORTGAGE ("Security Instrument ") is given on _April 28, 2006 The Mortgagor is:
Helen Franklin a single woman ('Borrower"). This Security Instrument is given to Collier
County ( "Lender"), which is organized and existing under the laws of the United States of America, and whose address is
2800 North Horseshoe Drive. Suite 400, Naples. Florida 34104 . Borrower owes Lender the sum of Nine Thousand
Twenty Dollars and no/1 00 (59,020.001. This debt is evidenced by Borrower's Note dated the same date as this Security
Instrument (" Mortgage "), which provides for the full debt, if not paid earlier, due and payable on transfer of title, sale of property,
refinance, or loss of homestead exemption. This Mortgage will be forgiven at the fifth (5) year anniversary date of
mortgage. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the mortgage, and all
renewals, extensions and modifications; (b) the payment of all other sums, 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 Mortgage For
this purpose, Borrower does hereby, convey to Lender the following described property located in Collier County, Florida.
More particularly described as: Lot 4, Block 6 of the Mainline Subdivision according to Plat Book
1, page 98 Public Records of Collier County, Florida. Folio# 56405400000
and which has the address of; 405 E Delaware Immokalee Fl n34142
TOGETHER WITH all the improvements now or hereafter erected on the properly, 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. The Security Instrument shall also cover all replacements and additions. All of the foregoing is referred to in this
Security Instrument as the "Property'.
BORROWER COVENANTS that Borrower is lawfully seized of the property described above, and has the right to
mortgage, the Property and that the Property is unencumbered, except f 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 for national use and non - uniform 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. TERMS: The Borrower) of this Mortgage have been ranted a "Deferred Repayment
Loan," the terms of which are intended to ensure t�haf.a pgI a fw t Partnership Act (HOME) funds utilized to facilitate the
rehabilitation of this Property are recaptured / ' - w t I eti j`pimer ncome home owner with rehabilitation unless the
affordability requirements are met. ®L j- �1//�
The terms of this Mor%aj�, o not require that payments be made as long as the makers
comply with the following co. iti9nS;p� rp ovisions:,f -t
Borrower shall occupy the! Props ' ng o the Property is not allowed even on a
temporary basis. Failure to abide �y th cip�l e� ncy a is ult n foreclosure. The Borrower shall be
required to submit proof of principal } to Ili r ur (j y n I is igqning on the anniversary of the first -year
occupancy and annually until the enil e S Owl[ include: proof of homestead exemption,
copies of paid receipts for taxes an8 ipou and co res of insur,�pce ce rcat lj owner occupied Property listing Collier
County as Mortgage Holder. If the fails to provide suffcie roof f h in a timely manner, the Lender may
contract with an independent title co, perform the neoessa rF n, the cost of which will be added to the
principal amount of this Mortgage. `rte
In the event the Borrower cea a pri al occupancy, transfer, sell rM ny manner dispose of all or a portion of the
Property which is subject to the Mortgage p�ri0h � the agreemeWF� d of the amortization, than the principal amount
of this Mortgage shall become immediately due��ge
The Borrower shall not refinance the in saw letl b s Mortgage. The Lender prior to granting approval shall
review the proposed refinancing in order to ensure that th sufficient equity after the proposed refinancing to recapture the
HOME monies. The Lender consents to any agreement or arrangement in which the First Lender waives, postpones, extends,
reduces or modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of
money.
The Borrower shall immediately contact the Lender to obtain approval should they desire to transfer, assign, sell or in any
manner dispose of all or a portion of the Property, which is subject to this Mortgage prior to fulfilling ties agreement and the end of
the amortization period. Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced
incrementally for each year of the affordability period, according to an amortization schedule based on the anniversary date of the
date the mortgage was recorded. The Lender shall have the authority to disapprove any disposal where the proceeds of such
would be less than fair - market value as determined by an independent appraisal by a State Certified Residential Appraiser. f
there is no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be satisfied.
In the event of the death of the Borrower(s) prior to expiration of the, affordability period has been attained, all of the debt
will be forgiven.
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, (AX 1) all taxes and govemmental
charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all
utility and other charges, including "service charges ", incurred or imposed for the operation, maintenance, use, occupancy, upkeep
and improvement of the Property, and (3) all assessments or other govemmental 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.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be
applied; first, to principal due; and last, to any late charges due under the Mortgage.
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, 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) agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or
defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of
the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien, which may attain priority over the Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the
actions set forth above within 10 days of the issuance of notice.
Packet Page -1486-
5/24/2011 Item 16.D.5.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the tens' extended coverage" and any other hazards, inducing floods
or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
Lender requires. The insurance purer providing the insurance shall be chosen by Borrower subject to Lender's approval which
shall not be unreasonably withheld. t Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain
coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Mortgage is outstanding,
the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily
insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to, all -
risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning,
and other casualties customarily insured against (inducing boiler explosion, If appropriate), with a uniform standard extended
coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full
replacement cost of the Premises, exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. t Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of
the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration
or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shah be applied to the sums
secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the property or to pay sums secured
by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is mailed. Urd ess Lender and
Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the
monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph 21 the Property is
acquired by Lender, Borrowers right to any insurance policies and proceeds resulting from damage to the Property prior to the
acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application,
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days after the
execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least the
affordability period r after the dale of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy
damage or impair the Property, allows the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if
any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith judgment could result in forfeiture
of the Property or otherwise materially impair the lien created thiiiss*�Seec�cuuurity Instrument or Lenders security interest. Borrower
may cure such a default and reinstate, as providedtuue 0 using the action or proceeding to be dismissed with a
ruling that, in Lenders good faith determination, tl f Borrowers interest in the Property or other material
impairment of the lien created by this Sent' —,'„yt interest. Borrower shall also be in default if
Borrower, during the loan application procehsS, materially false or inactxl ri raaton or statements to Lender (or failed to
provide Lender with any material inform orljiralconnecbon with the loan evidepoed ay the Mortgage, including, but not limited to,
representations concerning Borower altLgbT tfte plgpe_yrt asa prince I residence. If this Security Instrument is on
leasehold, Borrower shall comply wittyall th protitsi of the I se. rower ur ee title to the Property, the leasehold and
the fee title shall not merge unless Lendedagrees r ti
7. Protection of Lende0s R o. f 's to orm the covenants and agreements
contained in this Security Instrume or e t a I i y ' n' ca affect Lenders rights in the Property
(such as a proceeding lo bankrup e, or r tali n eiW en( or regulations), then Larder do
and pay for whatever, is necessary �rclt alu P and rsrigf>i5 in the Property. Lenders actions may
include paying any sums secured by 1-9� ,which has priority over thh ecun Inst/u&At, appearing in court, paying reasonable
attorneys' fees and entering on the P _ rty`to make repairs. Ahh deer �)�e action under this paragraph 7, Lender
does not have o do so. Any amoun d jsbursed by Lender under ttar�prall become additional debt of Borrower
secured by this Security Instrument.8. Mortgage Insurance. If Le ,e(r mortgage insu , adition of making the loan seared by this
Security Instrument, Borrower shall pay the premrnrih a u� ortgage insurance in effect. t, for any reason, the
mortgage insurance coverage required by LandBr S, ibe reffecL Borrower shall pay the premiums required to
obtain coverage substantially equivalent tothemortg hasty in effect, at a cost substantially equivalent to the cost
to Borrower of the mortgage insurance previously in effect, from an aftemate mortgage insurer approved by Lender. If substantially
equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one - twelfth of
the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.
Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no
longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and or the period that Lender requires)
provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall
be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums seared by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the
fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums seared by this
Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums seared 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 and Borrowerotherwise 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.
11. Borrower Not Released, Forbearance by Lender Not a 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 Borrowers successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment orothervwise modify amortization of
the sums seared by this Security Instrument by reason of any demand made by the original Borroweror Bonowees 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.
Packet Page -1487-
5/24/2011 Item 16.D.5.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of
Paragraph 17. Borrower's covenants and agreements shall be 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 InsWment (b) is not personally obligated to pay the sums
seared 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 Borrowers consent.
13. Loan Charges. If the ban 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 b Borrower.
If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given
as provided in this paragraph.
15. Governing Law; Severability. Federal law and the law of the jurisdiction in which the property is located shall
govern this Security Instrument. In the event that any provision or clause of this Security Instrument or the Note conflicts with
applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. 0 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
Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums seared by this Security
instrument. However, Lender shall rot exercise this option if federal law as of the date of this Security Instrument prohibits
exercise. 9 Lender exercised this option, Lender shall give Borrower notice of acceleration. The nolice 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 seared by this
Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18. 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 enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all
sums which then would be due under this Security Ins menFandke Note as if no acceleration had occurred; (b) cures and
default of any other covenants or agreements; (c) `
incurred in enforcing this Security Instrument,' Vo \$enable attorneys fees; and (d) takes such action as
Lender may reasonably require to assure tlhr3tptSrr of this Security enders rights in the Property and Borrowers
obligation to pay the sums secured by thh�
Ins an shall con nu ar�gad. Upon reinstatement by Borrower, this
Security Instrument and the obligatlons seare5 her�bv shall remain fully eff a as no acceleration had occurred. However,
this right to reinstate shall not apply inAhe c9se aaccceler9tienuade(jpr�regraph 17.
19. Sale of Note; Changof Lrfan Sern"ts . T ote or I partial i erest in the Note (together with this Security
Instrument) may be sold one or morelti y r utt in a change in the entity (known as
the "Loan Servieer') that collects monthly e u tf♦a to Instrument. There also may be one or
more changes of the Loan Servicer nref tec� to a I of he t e is ch rge of the Loan Servicer, Borrower will be
given mitten notice of the change in 4 apps el notice will state the name and address
of the new Loan Servicer and the ad pa s m will also contain any other information
required by applicable law. V
20. Hazardous Substance : �_rrower shall not cause or p use, disposal, storage, or release of any
Hazardous Substances on or in the Pro `Borrower shall not do, else to do, anything affecting the Property
that is in violation of any Environmental -Th'b,preceding two sentences $h I pply to the presence, use, or storage on the
Property of small quantities of Hazardou at are generallzerd to be appropriate to normal residential uses
and to maintenance of the Property. Borrower II uerdrlxvvit(en notice for any investigation, claim, demand,
lawsuit or other action by any governmental or vale party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower hasaalieno+sfe e. If Borrower leams, or is notified by any governmental
or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,
*Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law'
means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection.
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following 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 dale, not less than 30
days from the date the notice is given to Borrower, by which the default must be cured; and (d) that 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 process the non - existence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument
by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph
21, including, but not limited to, reasonable attorneys fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument, without charge, to Borrower. Borrower shall pay any recordation costs.
23. Attorneys' Fees. As used in this Security Instrument and the Note, "attomeys' fees" shall include any atiomeys' fees
awarded by an appellate court.
24. Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together with this
Security InstrumenL the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
Packet Page -1488-
,5/24/2011 Item 16.D.5.
(Check Applicable Box)
t--t
u Adjustable Rate Rider u
Rate Improvement Rider u Condominium Rider
n
u Graduated Payment Rider u
1-4 Family Rider u Second Home Rider
n
u Balloon Rider u Biweekly
Payment Rider u Planned Unit Development Rider
r_1
u Others) (specify
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:
Witness Signature: A�Jy° ,,
Signature•
Bo lea Franklin
Witness Print Name:
Signature;
6- `,---1 Borrower
Witness Signature: 'L.a -zK _
Witness Print Name: �� +- �— I, �� Address
STATE OF Florida
COUNTY OF Collier
1 hereby certify that on this day, before me . aasffi riz
take acknowledgements, personally appea� I
who executed the foregoing instrument an khowledged before me that
therein expressed.
WITNESS my hand and official seal in
My Commission Expires:
in the state aforesaid and in the county aforesaid to
lo,(ne known to be the persons) described in and
THEY executed the same for the purpose
L_
Notary �uFiiids i
Notary's PdrWlName
(SEAL)
•' �"" WENDY A. K.OPF
MY COMMISSION It DD 309716
Return to: Collier County FAH EXPIRES: April 12, 2006
Single Family Rehabilitation Loan Program s°tle Thm%00gypuar
2800 N. Horseshoe Drive, Suite 400
Naples, FL 34104
Project# _HM 05- 06-012
Packet Page -1489-
3793027 OR: 3980 ww'w
Ret°: 5/24/2011 Item 16.D.5.
FINANCIAL ADNIN i HOUSING RECORDED is the OFFICIAL RECORDS of
INTEROFFICE 02/28/2006 at 03:12PN MIGHT B. BROCI, CLERI OBLI 5929.50
ATTN: NINDY ILOPF 659 5101 REC FIE 35,50
Project Number HM 03-04 - 0009 DOC -.35 21.00
MORTGAGE
THIS MORTGAGE ( "Security Instrumenr) is given on -oSb, c2,Q t . The Mortgagor is:
vn.m r= auaua, a em9ua woman ( "Bonowef). This Seaailyir tt
s graven to Collier Count law= is organized and existing under the laws of the United States of America, and
whose address is - - - North Horseshoe Drive Suite 400 Naples. Florida 34104. Borrower owes Lender the sum of
Five Thousand Nine Hundred Twenty -Nina Dollars end Flfiv Cents f$5.929,601 , Ttsdebts
evidenced by Bonowees Note dated the same date as this Security Instrument (" Mortgage"), which provides for the full debt, if not
paid earlier, due and payable on transfer of title, sale of property, refinance, or loss of homestead exemption. This Mortpege will
be forgi ien at the five (5) year anniversary date of mortgage. This Security Instrument secures to Lender: (a) the repayrnerd of
the debt evidenced by the mortgage, and all renewals, extensions and modifications: (b) the payment of all other sums, 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 Mortgage. For this purpose, Borrow does hereby convey to Lender the following described
property located in Collier County, Florida.
More particularly described as:
32 46 29 BEG AT PT 39.19FT S OF NW COR OF W1/2 OF NEt /4, THENCE S 460.71 FT TO POB, E 135FT, S 100FT,
W..............
FOLIO # 00075440006
and which has the address of
( "Property Address ")_ 12017 Palm Drive
(Street)
Immokalee FL 34142
(City) (State) (Zip)
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. The Security Instrument shall also a nip and additions. All of the foregoing is referred to in this
Security Instrument as the "Property.
�~e� T
BORROWER COVENANTS th�-nd., u y property described above, and has the right to
mortgage, the Property and that the Pro cumbered, except o�`rBorower warrants and will defend generally the
Ube to the Property against all claims attic subject to any encumbinces* record.
THIS SECURITY INSTRUMENT dorm coo is for no ' nal bse and non - uniform covenants with limited
variation by jurisdiction to constitute uniform 66o. �nstrumen bring real ro
UNIFORM COVENANTS Borrower and Lender o^o nt and roe foil
1. TERMS: The Borrower( of tl{�e ( n L went Loan,' the terms this which are
intended to ensure that any Home I v � Pa hi A E u s izdd lo f 'litate the rehabilitation of this Property
are recaptured and utilized to assis or a erwtth h bil' nless the affordability requirements are
met.
The terms of this lulortga not require that payn b4 long as the makers comply with the
following conditions and provisions-1p . *4.x3
Borrower shall occupy the pro " `'tbeir principal residen �tb e{ting of the Property is not allowed even on a
temporary basis. Failure to abide they prialOUOa`(k, �.
required to submit n result in foreclosure. The Borrower shall be
proof of principal ocxupancyte °;` {tr4annu3l basis beginning on the anniversary of the first -year
occupancy and annually until the and of the five -yea Such proof shall include: proof of homestead exemption,
Copies of paid receipts for taxes and insurance, and copies of insurance certificates for owner- occupied property listing Collier
County as Mortgage Holder. if the Borrower fails to provide sufficient proof of occupancy in a timely manner, the Lender may
contract with an independent title company to perform the necessary title recertification, the cost of which will be added to the
principal amount of this Mortgage.
In the event the Borower(s) cease principal occupancy, transfer, sell or in any manner dispose of all or a portion of the
Properly which is subject to the Mortgage prior to fulfilling the agreement and the end of the amortization, then the principal amount
of this Mortgage shall become immediately due and payable.
The Borrower shall not refinance the indebtedness seared by this Mortgage. The Lender prior to granting approval shall review
the proposed refinancing in order to ensure that there will be sufficient equity after the proposed refinancing to recapture the HOME
monies. The Lender consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or
modifies any provisions of the First Note or the First Mortgage, including any provision requiring the repayment of money.
The Boma shall immediately contact the Lender to obtain approval should they desire to transfer, assign, sell or in any
manner dispose of all or a portion of the property, which is subject to this Mortgage prior to fulfilling this agreement and the end of
the amortization period. Contacting the Lender will also ensure that the Security Instrument may be appropriately reduced
Incrementally for each year of the affordability period, according to an amortization schedule based on the anniversary
date of the date the mortgage was recorded. The Lender shall have the authority to disapprove any disposal where the
proceeds of such would be less than fair - market value as determined by an independent appraisal by a State Certified Residential
Appraiser.
satisfied. If there is no net proceeds from the foreclosure, repayment is not required and HOME requirements are considered to be
In the event of the death of the Borrowers) priorto expiration of the affordability period has been attained, all of the debt
will be forgiven.
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, (AX 1) all taxes and governmental
charges of any kind whatsoever which may at any time be lawfully assessed or levied against orwith respect to the Property, (2) all
utility and other charges, including "service charges ", incurred or imposed for the operation, maintenance, use, occupancy, upkeep
and improvement of the Property, and (3) all assessments or other govern mental 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.
3. Application of payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied;
first, to principal due; and last, to any late charges due under the Mortgage.
Packet Page -1490-
rage 1 of 4
5/24/2011 Item 16.D.5.
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, if any. Borrower shall
promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the pmts.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or
defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the eNorooment of
the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien, which may attain priority over the Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the
actions set forth above within 10 days of the issuance of notice.
S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the for m' extended coverage" and any other hazards, including floods
or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
Larder requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval, which
shall not be unreasonably withheld. If Borrower falls to maintain coverage described above, Lander may, at Lender's option, obtain
coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Mortgage is outstanding,
the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily
insured against and pay, as the same become due and payable, all premiums in respect thereto, including, but not limited to, all -
risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire, lightning,
and other casualties customarily insured against (including boiler explosion, If appropriate), with a uniform standard extended
coverage endorsement including debris removal coverage. Such insurance at all times to be in an amount not less than the full
replacement cost of the Premises, exclusive of footings and foundations.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptlygive to Lender all receipts of paid
premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss If not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of
the Property damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. It the restoration
or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by the Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carer has offered to settle a claim, then
Larder 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. �e4od will begin when e notice is mailed. Unless Lender and
t
Borrower otherwise agree in writing, any applil h(� en �n . I shall not extend or postpone the due date of the
monthly payments referred to in paragra r mouhe'`payments. If under paragraph 21 the Property is
acquired by Lender, Borrowers light to ce polices and pisy rlGng from damage to the Property prior to the
acquisition shall pass to Lefler to the exfet�dhe sums secured by this S Instrument immediately prior to the acquisition.
6. Occupancy, Preservatltin, Maoitananak and Protection oMhe 11!roperty; Borrowefs Loan Application,
Leaseholds. Borrower shall occupy establis use Sorrow�hrs p ' cipal residence within sixty days after the
execution of this Security InsWme andshall cordin ig py the rope rty as So rs principal residence for at least the
affordability period after the date of I �1319GI ti which consent shall rot be unreasonably
withheld, or unless extenuating ci ms s e ict� are . Borrower shall not destroy, damage or
impair the Property, allows the P pe to err c6 t �fo rty. Borrower shall be in default if any
forfeiture action or proceeding, wh t)1Br it n in dgs gotid ith judgment could result in forfeiture of
the Property or otherwise materials i- r the men crew ed by this city I' trumef> Ceders security interest Borrower may
cure such a default and reinstate, ei in paragraph 18, by 'ng tl e n proceeding to be dismissed with a ruling
Oval, deter precludes Lender's good faith dete ' precludes forfeitu nterest in the Property or other material
impairment of the lien created by this ty Instrument or Lend Brest. Borrower shall also be in default if
Borrower, during the loan application p materially false or in oration or statements to Lender (orfailed to
provide Lender with any material inform ati ion with the by the Mortgage, including, but not limited to,
representations concerning Borrower's o nCY s . tapal residence. ff this Security Instrument is on
leasehold, Borrower shall comply with all the proJbiorf_ 1f acquires fee title to the Property, the leasehold and
the fee title shall not merge unless Lender agrees to theme in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument or there is a legal proceeding that may significantly affect Lenders rights in the Property
(such as a proceeding in bankruptcy, probate, for condemnation orforfeiture or to enforce laws or regulations), then Lender may do
and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders 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, Lander
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. .
8. Mortgage Insurance. If Lefler required mortgage insurance as a condition of making the loan segued by this
Security Instrument Borrower shall pay the premiums required to maintain the mortgage insurance in effect If, for any reason, the
mortgage insurance coverage required by Lender lapses or teases to be in affect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost
to Borrower of the mortgage insurance previously in effect, from an altemate mortgage insurer approved by Lender. If substantially
equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one - twelfth of
the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.
Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no
longer be required, at the option of tender, if mortgage insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.
8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or dam for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall
be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums seared by this Security
Instrument whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the
fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of
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 and Borrower otherwise agree in writing, any application
of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change
the amount of such payments.
Packet Page -1491 -
rage t or 4
5/24/2011 Item 16.D.5.
11 ' Borrower Not Released, Forbearance By Lander Not a 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 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 arrar ization 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 be a waiver of or preclude the exercise of any right
or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signem. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of
Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does rot 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 Borrowers consent.
13. Loan Charges. If the ban secured by this Security Instrument is subject to a lawwhic h sells maximum loan charges,
and that law is finally interpreted so that the interest or other ban charges collected or to be collected in connection with the loan
exceed the permuted limits, then: (a) any such ban 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 loose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.
If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by first dass mail unless applicable law required use of another method. The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender. Any notice to Lendershall be given to Borrower or Lenderwhen given
as provided in this paragraph.
15. Governing Law; Severabllity. Federal law and the law of the jurisdiction in which the property is located shall
govern this Security Instrument. In the event that any provision or cause of this Security Instrument or the Note conflicts with
applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security
Instrument. However, Lender shall not exercise this option If federal law as of the date of this Security Instrument prohibits
exercise.
B Lender exercised this option, Lender shallgive Bortf�wer notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is dell rile�y�iQwhish\Bortower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sumsprioir� od, Lender may invoke any remedies permitted by
this Security Instrument without further ��demand on Borrower.
16. Borrower's Right to R4 B Borrower meets certalm df(ions, Borrower shall have the right to have
enforcement of this Security Instrument d496ontmued -at any time rior to earlier of: (a) 5 days (or such other period as
applicable law may specify for reins tem ) Mors sale puts u to y power of sale contained in this Security
Instrument: or (b) entry of a judgm t erhf 'ng this S strumen . Those ciondi ns are that Borrower. (a) pays Lender all
sums which than would be due u er is no cceleration had occurred; (b) cures and
default of any other covenants or en • ( a a ns i e orci this Security Instrument, including, but
not limited to, reasonable attorney f 12 (d) ke s Le er y require to assure that the lien of this
Security Instrument Lender s right 11 ' ums secured by this Security Instrument
shall continue unchanged. Upon ement by Borrower, this rity, nst ~ no the obligations secured hereby shall
remain fully effective as if no accele �lad occurred. However, got o r shall not apply in the case of acceleration
under paragraph 17.
19. Sale of Note; Change' Servicer. The Note or T n t in the Note (together with this Security
Instrument) may be sold one or more ti prior notice to Borrow Asa may result in a change in the entity (known as
the loan Servicer") that collects monthly under Me - Security Instrument. There also may be one or
more changes of the Loan Servicer unrelat a. If titer is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance pplicable law. The notice will state the name and address
of the new Loan Servicer and the address to which paymen s ould be made. The notice will also contain any other information
required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage ooh 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 noted by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to
health, safety or environmental protection.
21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of
any covenant or agreement in this Security instrument (but not prior to acceleration under paragraph 17 unless applicable law
provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or
before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by
judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and
the right to assert in the foreclosure process the non-existence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is riot 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
byjudicial proceeding. Lender shall be enbUed to collect all expenses incurred in pursuing the remedies provided in this paragraph
21, including, but not limited to, reasonable attorneys fees and costs of the title evidence.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument, without charge, to Borrower. Borrower shall pay any recordation costs.
23. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees
awarded by an appellate court.
Packet Page -1492 -
rage i or 4
5/24/2011 Item 16.D.5.
2C Riders to this Security Instrument If one or more riders are executed by Borrower and recorded togeCrerwith this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
the oovenants and agreements of this Security Instrument as If the riders) were a part of this Seaxity krstrumerC (Check
Applicable Box)
M r, n
u Adjusts, We Rate Rider " Rate Improvement Rider " Condominium Rider
r--h r-1 r-1
u Graduated Payment Rider t- I 1-4 Family Rider u Second Home Rider
M Balloon Rider u Biweekly Payment Rider Planned Unit Development Rider
r-1
t--r Other(s) (specify
SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any
riders) executed by Borrower and recorded with it.
Signed, sealed and delivere in Ure presence f:
Wltriess Signatuture: Signatu
WilnessPrintName: yJ Si9neture;'
Witness Signature: ?/�) " Borrower
Nam: Witness Print Na: M[L .y 0 ! ES A Address:
STATE OF Florida
COUNTY OF Collier
I hereby certify that on this
take a0k nowtedgements, personally
who executed the foregoing instru
therein expressed.
I
WITNESS my hand and official
My Commission Expires:
�d►4+rhe, any a r�' the str
m \
me ikn
County and State afor this b
Notary 9n
Notary's Printed
(SEAL)
Realm to: Collier County FAH
Single Family Rehabilitation Loan Program
21100 N. Horseshoe Drive, Suite 400
Naples, FL 34104
Project # HM 03-04 — 0009
and in the county aforesaid to
to be the person(s) described in and
executed the same for the purpose
am]
G:WOME12003 -2004 PROJECTSISINGLE- FAMILY REHABIESTRADA, SyMaW ortggage - Estrada- 5 years.doc
Packet Page -1493-
Page 4 of 4
lent by: HUI 941843MI 07/01/97 5:2' -'" - "-
uta:
2202596 OR: 2329 PG: 0119 5/24/2011 Itemf ; 6.D.5.
Mule TItN 1117 IK DCO1010 is tko OIIICIu Wool of COL1Iil COW, t6 I1C "1 11.50
11110 UM WO d 1111 11110111 at 11:1101 KIM 1. lea, CU11 DOC'.35 17.51
mm 1lmm n was I17-.002 11,00
2=01M KORT(3RO=
MI5 SECOND MORTGAGE (36r+tnty InWUMG •) a give on ,bmlA. 1997- The agn0 Morepapor a
Erie D"Wistr Desvariste8 1
9otrowen This Seamy Inefto w a b .� Celltar Ceunt y-
1 Umftr'L which a ory•nized and *ans•mg wider 2e ter] of tai Unrisd SWM of America, and WAI m address a ... Lee filerts
ire .fees Drive. ■aalaa. 71eriAa 12212 .BorraMarowes Lsndw the urn of ZXW 2U1Xf2AM „aR2nikAU
Aim M2Lj 61. ({ Laasaa ) deW a ewlMheed by OWMAWS Nob dated h some dab M ON S*eumy In*wnrrl*nl rSecord
MbrkpoWL whrdn prwid@s for "MANY payments. well 214 M1 dell M not prod eaMr, Ow Ofd WYabw on _sale of nree■rty.
E&CLUIM1,,.,_ et 1 as of �.ar •ad a±rm lee , This SecvtLLy IMtrulri nt Norms b Lander la► the rmpeyrrenl d 20
two evisserad by h Note, with Interest and all retwout. erio netera and modilcabons; 01 go Pay WIN of On COW sums. win inte/ett
eeverh,a I under pangrlph 7 to protect In a*cirdy of die Sowmy Inabyntera, and (c) h pertornrrnw of scrioum a covenants ad
apreerner is ernda i this Sogrty Ineli~ and Via Note For Va purpose, Borrower diet henoby seCa10 manoW, grant and oomay to
LerIM1 M* ”, 11, 1I - cheeped property bcoled In CO l l f, ar County, Folds,
N more parraaany dssahbe0 an Eshert'A.• and which has h address of
(gm,ppah. Addro@t')� 2!<12 L arced lwaeua_
tf.wl
faeiea. flerida 34112
K41 1�. rite
TOGET►ER WITH M the imptow rooft now of hereafter •r•ebd an do properly. and ON easements, rights. appurtawrees. rants.
royalOe@, mwhera . off and gee role and polls. wear mite and stock Ord ON antras now or hweMn a pan at as area". AN
wptoctatrwtte Ord std liar shall ate, be athrewd by the Seamy welrier"L AN of the tengcng a rare n•0 b in ors Sawtiy Instrument At
ow "Property.
BORROWER C(NENAWS do Borrower a I•wUly »naiad of gs punts M eby conveyed NO has In spit b mortgage, grant
and coway b Plow to std Mal Me Property a nlrlerlarnb•I*d, "are for onou"Wahoee of ra,ord so o wr warrants hid VAN deferd
g*nerasy 90 we r Ma Premb aBariW as derma and demands. wgac 10 any rnarmbrNK" d record.
T►a81ECLOOTY INSTRUMENT com ores unbrm covenants@ for national We and non -wider n oaanOnts with breted vanabon by
jur�e+cia+ b ostrsbae a woonn secwry inwismew
UWORM COVENANTS Bonower �4f'ie�tffmorft, � s,
1. Papoose 41 611 and tti*ne Tibrrower afh01 prompgy per when due en 17rnapal d
airs! vow" an the doM w+eenced by the Nob. d` �\ 2. Tosses. Thw hiorkgagor vA pay @ewer rents era races Pier b Via 000 UN d any pereMes Of
rrnter*st 11eraoh. �
This M 1p ga ow pay a cMem be { them (11(11 ON taaee std gtwernmamaf Nap•@ of
any kM eO w@ww wlwit may st any ' be a w respect b the Property. (2) as ubsy and cow
dhrpes irhekdtep'earvle* wee goo'..nc m for ow4micy, upbep erto improvement of the
PrMany. ad (3) as ammatnara of t M gwhwarnams over a prod or Yom. the
Mtartgapsr shag w tte101*0 std•► tai b day Mere neprnsd to be paid damp the worm
offs lbfga0a, ad Mal, 0 ncnr0 *4 alter of y b d.— -_ ""pe.ej ev•rdst.tce of such psyraiwL
N
i APPOW " PrlrytrtaaMS " "" by Lender shat be sppbeo. first. b
mrereel dw; and. to p irk"ol uw; and bw1 dhwrpes tmhd.r 1
4• CArps; Una. an 0era a2 too". Maaaern•mr �y1tM I C'i aanbbfabt• b 1M Property which
may slob pbrfy war Mb somilly wtetrteiPlt ' isesafbid peynants or h`=ft ol {r Borrower Mail pomply kmsh to Lender
M notion of ornotadt b be pad wider Me all ate fMetlb '
Bomo@r 01411 P101 080 dtetherp* Mae adaMy ow Min t union Dondwer: (a) agrees on wnang b
eve prymwr d M o0fiptbn soOMed by M• socsphbte to in good WM the Wn q, or Oefsrds @"rW
ands ow 0 1 of 2s fan ern, i•gai prmoamdinga hhOdn _ giro 116 o nlorost —, of the trn; at (cl secures ttmm
ft-M, d ds l•n on a0meensaf satitbomy 10 Ib�♦Ni 5*0011y InsMrneft N L•rdlf determines that any
pall d 116 Prmpemy te sti0(ec b •tan wash may e11aM burg ft Lander may qve borrower a nobos eerefying
the tier+. an m0 to IM satisfy to Mn as bke am or more of the bfM some wi2Wh 10 days of eve g1Mag of rills.
fl al-- Or PrSPerty bWMWO•. Boeaawr ehneq keep the hVroWrerrwnte now auMrng or herewwr elected on 2e prop"
rnaeOd agMIN Iowa by fwa, hWWft 111dudOd wrNn die term exuded coverage' hid any cow hotards. Wicksorng twos or loohg for
wtrdl Larder notes* aauW=- This MUM= Mss a lrnain"MW in the •nnourN• and for tai MOW dal Lander M** *L The insuranoO
comiv piing the "Worm Mss W dh,eM1 by WMIN411 Mlljart to Lender's Oppr,vai Which ties not be wwatatay, withhold. d
9onmhq/ ble b nNo" coverage d*eaibed •bcv. Lander nay, at LWA*es ,pion, otraM cONrep• to protect L~* rights in h
P►d0erb in accordance of 1 0 7. At so tens Mw to Nob Is outatarn6np, 111 Mortoegor a" iko "m i swance With mow a the
PrennY•• sell" Mich rwks and 00r Such amounts se are alotomrMy tared &gW* aid pay. M de saner beI rna due and payabis, as
poises in fnpM 0 o, @nc ni ft, but not smiled 6D. skink Maaerra prbbeetWp IM interests of 2a Mortgagor and Monp•pN against
loss or ,nap• b the RemY@e• by M, aph". and ollw twsu•N•• aribmanly insured Op@wel (including bo11ar expicaen. if appro"e).
wAn a inform atanda@d a11Mld•d obvasge srhdMSerrwO indudap debt@ l*nnoval coverage. Such rnMraaw al ate braves b be ,n an amount
nw lee@ Man eve Mal repbortwnt cost of on Premed. exowk* of footings and bundMOfe.
N wnw— pOM— -W ter WIN O" b* OccoPi o b Lw Wee and sh ed intkrds a wanowd mw%po clause Londer snap have
ft npld b hid the posale@ and risarrels. H LweK wOuirm, Bar, M OMs plorrlp•y give to Larder ON r•pip11 d pad premiums and
rennoww rioloe@. into acaM d 1 M. Bol wow shss one prompt mm os b h MMrenoe comer and Longer may m@ke poof d tows
grog mad• pontp % by larmrer.
Udeas Lander and Borrower oe+erab• agree in ww", wserannce proceeds shas be applied to realonston or repay of Ow Pwpany
danapad It M ►ee'" 1' Or raPw is aowuwicrosy 4056* Ord Lender% **dinky is not basoned. if use mol"bcn of repair is not
*oeramdcoly fmm bb or Lerdef@ eeawdy road be lessened, h insurance proceed@ aha11 be applied to an sane secured by Oe Stn, tV
InMwrwnts Moller or am Men due, with cry "Ken paid b Bon,ww' ff ON 010__ abandat@ 214 P ocerb. or does not snorer w11an 30
days a hobo• from l erhder Bat the waurernoe canter has oMred b soft a Gain, Mon Under may c oeac go Mshn*no* droee*ds. Lender
mey use 214 POO"& b spent Or restore 2s Pt,p@ry Of b pity Sums aawrad by ors S*dmy IrnawwralL whether or not then du•. The 30.
day pried we begin when Os fh011C* is hrlall11 '. Grin" Lander and enmoaer o•wwo some in wd u any sppbcsten of Proceed+ b
Pr•nipd sill not • d rd or postporne the drw dote of the nu" papMft @IS b M paragraph 1 or change too annarn d tre
paymn•kWla
if -der 1400018011 21 2l• P100*1ty a Dapared OY Lander. 90rmMre ngM b any wahrannce pdkMe and proceeds mu airg hom
Came" to NO PMPery poor b eve Odd MLVn thlf peas b Lender In eve atbnl of 214 Sums oewred by No Seeutdy Irowument immediately
air to h aceinsi ion.
IL OouPMW, Preeanaderb Mainaemnae and Mobe11ssn of as Propery; son,wd* Leon APPB*abn. l.eaa*hafd@.
Borrower OW ,00mph, eah"oh, and see eve Pr,PMy as Borrowers 1 1 's SI wbdence within sixty days after h execution of rift Sewnty
tad•ee L I�nW ' 10 �'M the Plopery ore BarOwers Pnnd ai webenOe for at Iwast one year after tre d@w d ,GLperKY.
WOW M wrw+9. wi dh coeesal has not be uniea•oreW M&h . Or Lsgm •
wsadh am 0*yernd B*rVAWG oorhrd Borrower SW nil daw0y, dWnoga a impair eve Property. allow, da P►ap�r0debarlorib �a eommm
waste on
Classic Title Services. Inc.
"bPS'°''° 11680 Bonita Beach Rd. 6401
Bonita Springs.
Attention: Jan Packet Page -1494-
1 //<. lvd .2 //
Sant by: NUT 9//6438331 07101,97 5:: 5/24/2011 Item 16.D.5.
OR: 2329 PG: 0720
Via Property. Sa ewer shas be in dafeull if any loft*" action or proomoV. whether evil or aurwnal, is bagtn that us Lender's good tan
Wdpnws card rssuff in torbiture OR N Pla"rty of otherwise nwlwaWY hmpar N 1,613 M&W by Ns Security tnsbucnent or Lenders
seanty inlsrset. Borrower mry curs such a 0~ ale renstat$, se p VwWW in paapreph 18, by uuedg N ad:kon or W00941m111 to be
dunssesd wdh m ndsp that, in L~s good faith dN6rmnatwn. precludes farledure Of N Borrowers irirreat in to Propene a otrw
mow repwnwM of we Wn aroaled by this Security 1nsWnrnl or L.andefs security riy inlsretl Bertowa @W also be or default it Borrower.
dump N Ilan eppireobon prom". pare fhaLMWly face or kacarDb vdonn"an or sta4mMMe to Lender la Ialled to prate Lo der van
any ntalrlel ntortnesan) M connection with N ban widened by N Nulls, including. but not hrrrtad b, represantation% corn1 G11"
earrouere occupancy of to Property es a principle residence It We Security instrument is an a NaeshoW. Borrower mho cot, Y with ae
the Orert$ldn d N tames If Borrower acquires 4s was b lit Properly. the leassnold ere N be Nosh" not merge urns Lander sorest
to N nwpar n writing.
T. Igrmonism M Lander'f NWO In she Proper ly. It Bonowsr }alt b perlarri the cOwenOM ale aor66n1e015 contained n era
Secuny, ttinnsnf, or two is a Nqd preceding that may adprMrgntY ~ Lendefs"" n etc Pfdpaly (sect m it wuasmng in
baultrusavy. propels. for cendenrabon or lkwWkwe or b antorce Was or re"Mris>, ton Larder may do and pay for w hftvsr is neomery
to 1 9 P, N value of N Property and Laden nods in to Property. LOWN a sdhons nay include polov any sums secured by a win
which her prior 1 over she Smarty instrument. apperYp In caul, paying roman" attorneys' fees and entar" on N Property b make
rop WS. Abrotrilir Lander ltoY tale action under On paragraph 1, l Ender does not have to 00 to Any amarhlt diabwaed by Lunar under
cwt WW§ph 7 shit boron addhsonal deal of Sonower Secured by the Searcy Iroawnwu unless Barovrer and Lander agrir n other
yrme at p W nmL tact enpuny shall boar incest from tit dab of disbursement at the Not$ rate and o Wt be payable. with interest. Wpon
not o6 ft m larder b Bonower i6gwslno porrant
8. MorkilM batiri nco. It Lando requbed ahorlpa9m rauance as a condition of malrp N loan seared by Sur Security
InetwuM, grower fine pay ND ponwums required to mDlmMn So once 9d insurance in Grad. It. tar any roman. site n nit*
nouronce raraipe isqured by Lando i mas at ceases to be in SO m, Borrower ~ pair the prernihrns tegcwred b obtain coverage
euWWMYWy sadvelent 10 N magepe Insurena6 a srwully to a060t. at a coot substantially squnal&nI to N am to Borrower M the
mtpDgG insurance previously, in effect. ham an aham*(s marigiage rawer approved by Lender. II subssrlbaey stluivalent nhttoage
0 .r , , coverage N not available, 8trorer chap pay to Leta Gmah rrunN a Wm equal to one -Heft at N yearly ma"ge insurance
prelims I beep pad by BOlrewer when N Insurance coverage imsed or coned to be in @acct. Lerida will accept, use and atom arse
paycrsnte as • lses raw" in lieu of rtnorgape neurons I on reserve psyn onis may no longer be reglared, at We apbon of Landa. if
morlpapm rrsr, - - coverage (n N ornwN and for N period tot Lander rawArm) provided try an Insurer approved by under again
bill' , evafiale and r obYSked. Sorrows dha pay de prsnsnr raquwed b rnalntin merpeg6 ~or= in 61fed. of to Provde s Ions
reserve. until N rsgulranaN for moApage insurance GMs m accordance with any willan &WWVM l bmhsG I Borrow*( ale Lender Or
applicable N e.
L IrtoI --',n. Ladr or pt aced may, asks reasonable entries upon and nspeclions of N Property. Lender shall give
8anower notleG at N ens d or prior b an khdPacI spodyrp rwonW* amm for N rspachm.
N. Co dsomoil n. The prowls d any danrpGt, direct or consequential, in connection wide any
cc, do+ -nma or odor ukinp of any part of N Pro candermseon, am hereby assigned ire shall be pad b
Lends. n N everd d a total talunp d the
�b .. tpG ewre secured by the Security Instrunenl whither
or not than time. with any aaoan pad to event d a party 4�1hG Progeny, n witch we tau rocket vat. d err
aepa y .rah edialsy belt. N takrhp is 6gtuil sw loan N Dlwo rot of ih�.rn,i owed by Ns Seryny Instrument nmaetabyr
1, In N tamp. unt$es Sonow6r ale Le rt es spree n welting. N sums sop wed by this Security, bsaunsrw shelf be reduced by
N arromet of N proomods mww ad byAhm bpo+wrhp"' r�ici!oir NlsL w dl the'aums secured hrrnhedlalsit, bsar6 n6 tong.
dudes by (b) N b'r am" value Witte, perry bNae N p Any bmlenWG�1she be paid to Borrower m N .rent ot s
pale tamp of N t +rapmny n which N��!lmmrr rrMeftal sale d nrrWo"a y before t+q Wurp is Ins than ero anwnrn d We was
&Dared eranedhMaly Ilor ere taking. or whets applrabN law olherm Ixwdes. the
proceeds fiMN be sopwd to N sums h nnnbbbttt Nil swot are esa due. Unless Lads and
am OWN oahrweG agree n whk13g. y d i �NM t postpone err due dab d tit Monthly
psynsnts tetaroA b N PeraBraplu 1I or
11. BOItel W Mat L f my
alit N tirrmo far payment a rrsudrpcathwn d
arnatrsMlort of N suns m ored by NNy��,, lnsw d granted by Le'Fbw to y in interest of Borrower site not oporme to
releDes N daappY d N dripbhal Btnowiaf`1 ftffowws succaestt n W"j a" "ski' nol be regaled b cormence proceedings
Agoi st any stlbaa&a n nbrW or relu" ta �aYrd aisle 1w paycnnt or ra�n6rtl:amon of N am secured by this Security
Inset, rhaM by ratan d awry d.nwd arose oarmwer or in nla st. Any forbearance by Lander in
eradwp any I** or wnedy SW not be a predud6 the marcias of jd/ rensdy.
12. Sumossers ad Bmawd UBM • The covenants ad agreements of this Security
rip utimi t shwa bind end bares the auwnwm ale to N
Provision; of 1 I l 17. Borrowers covenonb iiW i and several Any Borrower wno assigns this Security
'risk~ but time not ommft to Note: ter) is Wo-slpNrp ant/ b nullBdge, grant and convey Nst Borrowers
, -- n N Praporly under N amt of ors Security Ineblrnmt: (b) is not persothtly optioned b pay N sums wand by its Sec+nty
InDtunsnt and (c) apraofi Sot Lady and any pow Swower they a8tse to mslard. thodty. WOW at make any accormnodandns with
tap&rd b N alms d ffil& 8omoft InWuffwtt or N Nob wghoul real Barowee$ W nwi.
18. Lean ChrBea. If 80 ban seated by On Security, Inglr~ is augmet to a bw rdkch Sea rneueum loan charges, and that
taw a envy nMfPrMSd so that to hater or pia ben c types coaected ar b to - oi" 'ed n cornGddn wish N ban eased to esmntksd
kntas. Nsle (a) ay such bat cargs shad to reduced by N attbwd necessary to room tit charge to N penned Wrot; and Ib) &ray was
atrasay, coca bd bas Bonoasr wthkA exceeded panwnmd Inwb will be rokrded b Borrower. LMder may choose b male this retud by
redtrckp N Pmx*W owed Ilhli6r IM Not$ or by nakng a Bred payment to Borrower If a refund reduces prnGpal. na reduction wis be
"&W M a pave P "so whslw hwithad shy prapayrrsnt d— under N Nob
14. Mmtase. Any rhosoG to Borrower provded for in eve SGariy ksnrnaN shag a Ovon by debvsthg d or oy moong d by krsL
CUM rued wdsas appeeeble N1, roW+rad use Of enter ITWWW. The nobas sled be directed b N Property Address or any other address
Boffoww do ipnabs by notice to Lavder. Any nodes to Lads she be given b Borrower or Lander 1,+M 9%" as provided in this
PWMMOL
1111. Ooverwbq Lear. 8avadlift. The Security Inaalrfent Owl be govei by led" lea and the law OR the jurisdiction in
wtwct N Pr ego ny is bo&Nd. In N Brad that any pirwoon or clause of its Searcy Insbumrw a she Nola cona835 With aMh abbe 41,.
audh cailtict " rid ~ Wier Provheios of this Security InsYu w at N Nob which can be Shim Nt$ct without to conflcung
prohs&lon To an and N Provisions OR this Security lnMunem art N Now are declared to be severable.
18. Berrwfir& Copy. Borrow one be peen one corifomed copy of the Nos and at refs Security Inatrurrent
17. TrWWW at the PI"W IY a a Ba►rDlldst 4#Om t In Borrow. If all or any part of the Property or any nter" .n d hs sold err
vwwbrrw lor if a o&rs1, l nlerDSt in Borrow is =W or trasNrted and Borrower s not a nelral person) Without Leiters prow written
reread. Larder nwir. at its W -, . ra I,' kwnedab paynwN in kc at all Sums 6gred by this Security Insfvnent However. th.s option
Miss real be morciesd by Lacer d esocise it I Al led by IG ' ' low M of the dab of Sus Searcy 11eburM13l
r Latch arnased Nle option, Lander shalt rug Btrow mNico OR rtewwasen. TM rhoece srW jreMd6 & jh6no0 of not less ten 30 days
kcrn eft &W tit rides s ds' L - 8 err mead wi&iln which BtrO&ler rrarit pay all wins sewed by Set SDaxny ins►wn" n Borower fats
ID MY Suet stale pew b N espratan of nit period. Leader may wwake any remedlin pwmeed by owe Security, instrument vrhYnonr knit",
notice or d&s and an Borrower.
11111. Sterrower's 11169M to "n ftffO"f mnb ors Security ksawrs * daontne0 a SPY tan6fnu Plc earka�of! (al des ! such other ; 'rid go rape ow low may Specify c
mail spwh Ion
t*mMDthaw) I 'I sea of N Property pursuant b any power Of sae OtwaMd in its Searcy rskwnwt or (b) Miry at a Wooment
d"NWltlB this SGarty ksinrnent Than condWOns am that Borrower: (a) pays Lander a surne which assn would be due uda Me 50000
tn6uwetad and We NOW se If no acceleration had aeeuned: (b) ones and darwr of any after covenants or eyeernents: (c) pays as
espGrrt6t
rhorred in eriaoing Dn S&cwsy tretnrrrent, Inauarhg. but not inhered to, reasonable attorney's tees. ate (d) takes Such action as Lander
may reasonably aquae b "we that N Win Of etis Serarity I13611rumerd, I~& dghb in the Properly and Barroweq obigation to pay his
sorts 66ered by arc Becrrky khs*+rwmt alas anirwt WKhW Dd. upon rentbwront by Borrower, this Securny instrument and tno
abYPkeru Secured iureby Mae tension hey eascsve as d no aaaslershon had ocQurred However. ass ntliht to reinstate shad not appry in
N rase of a0oslaalbn under paragraph 17.
ccbpLsd.h4
Packet Page -1495-
Sent by: HUI 0410438931
07/01/07 5:i 5/24/2011 Item 16.D.5.
OR: 2329 PG: 0121
19. trade of Net; Change of Loen Mrteer. The Note or a partial interest in the Mote (too~ with this Secuny instrument)
envy be ISM ae or name Maas WOW pnor notice b Hominier A sate may neeb an a change in 10M a" (lutown as On 'Loan Servhcer•)
to Collects noflrty payments due under me Nola and this Soarity Instrument. Then Mao may to one or more ChWV*s of IM Loan
Berncer IrrNatee to a sum of We Note. r Oero Is s donee of re Loan Servuoer. Borrower wig be pivm wriaan nonce of re change m
aoemdnroa edO+ poop aph to red appeeable law. The rdade will Wte tM none and address d rte new Loan Somoe and **address to
whtdn paynvttlt share bo muds The rtdlldo will Ww conmin any omen nformalm r owrod by applicable lit+
30. Hima anus a w a s s o n ace. Bom v o w shag not c a u s e or per"d D O I rsaertce, caw, deposal, Mora". or relwse of any
Mazardotr StubManbw on or in that PropwW. Bmrowtr Meg not do. nor allow anyone eiw to do, anyrl/V +p area re Properly rue ci in
vioWbn d any Environmental Law. The preceA 9 we sentences Mug not apply to re pre*ende. use, or slorapa on me Property of snag
gum 6th d Husrdwo Substances "are 0 I reooOmtzod to be appropriate to nomad fastdenral usam and to manlmana d the
Roperty
Sonown shag plot pry pia Lender written nl0atal for any Ywesaps4on, ashl, demand, lawsuit or cow action by any rovermentat or
n WAWM agmtoy a pdvam party a vcivnp We Pnpa ty and any hazardous Substance or Environmental Law CO which Harrower rues aauo
enOWwlpe. it pomelsar loans, or r n, I I by any governmental or Iegitaaay &*Wily. that any removal or arm at Iediation of any
hourdow Substance afbelrq rue Property in necessary. Borrower shag pronpry U" oil neceseey riw edtal aetrons in accordance In
Enaonrwda( LOW,
As used In this pareprapn 20, 'Ma vodus Sul slnaoat' are mow substances dented as tozlc of hazardous substances oy Enwronmrnwl
Low and Or tdioetine sub$Wwm gow rne. keassna. other Uninrble or taus paudaum products, lasso pwlwdes and hw hddea. volaW
Solvents. musmrWS cerllaI so asbestos or bmaaldenyda, and
IadtdalJwte mnamfiak. As Land In re* paraptapn 20, 'E.nnranwWY Law- mean* federal laws end laws d this, (LrlsdtClnoet Wore the Property
r Iodala0 tytal fatale b ttaalth, salay a anwbrrtmfnml promotion.
2t. AaeslatallOnri 1lenaedles. Larder MIMI give room W Borrower prior to addeteratron fegownp Borm"ft breach of any
cowed or agioermnd In Yee ieovlty tnsbtnteml (W red peer b swbrMm under p n gnaph 17 wtMea oielhcabM law prw d*a
a nalro se). The imam abut specify: (a) the default. (b) re adfn ra4eired to sure re default (d) a dab. not idea ran 30 days from the dale
aw notice is given Is Barewer. by wind rte dMatal must be curd: arid (d) Mal 1Wure to cure rue debug on or before to dais speallad can
to nerd may is" to aboMerabda d row mums secured by this Socianly Instrument, foreGroWr by MIce'%M prooasdnp and sale of thin
Property. The rno11, shell hrrrr Ydatn Borrower d Ow dpM b ronstats SAW aeoMeragon and ry right to assort can We bredoswe
pro0ea . 0 rr Oaa,Oesmnda of a do" Or any dew detansa of Somomer 10 Oopmra*oa and fraotbmae. r No 00*0 r not quad an or
stature M dad 40000 M VW nova. LWdW. at lm option, rM Ialtt+a rntedrb poymanl in lua of alt auras second by Otto Seamy
Lrbtnmv wilmout f~ do t0 and may %zoo a the Security Instrument by plaldal F eoe 4' n Lender Meg be edtusd to Collect a/
oepemes tftaared in pursuing the rsrtedra pmvided in ms porWph 21, inciudng, but not grilled b, reseonabie stromhey's In" and doers
22. bone, Upon poymonl of as strfr WW 1(lrapnt. Lerxmf shalt Ialsaw tlw Scurry InaburtenL enlncut
ahtrpe, to 9i news. tlsrrorr.. Mee pq «ay lip" U \.
23 Al1esM)ra' fees. As used h inwK and IM +'o ar bas• Mundt nWde any adwne s' rase awarded
by an sppoaaN court
XL SldW* M tbta Sunday 1nslrlartelN fiffaale or more radars are esecu by Renews and raoorded topWw wefts Security
Instrument, err covonnss and preernerts lof each I be rhdorpp!eted nlp`erd sham amid and oupptenent to covenants and
apreerrertls of This 6oarM tretrumeru w re nffteattrJlahgQ, #per- icTr'es 9ea+Enty MsbuRMnt " Applicable Boa)
O Atlpamae Role lbder P aq�n�, --. aQ ofrdn�ren aid.,
n (haunted Paymem Rider
O a.addn1lttidw
01herts) (as
SIGNING BELOW, Borrower seoepls and
Unit Development Ride
teems and Covenants Cahlihi"%n the Socurhty nstumnlnt and n any fhoefty
ea� sty Born OW /edOldad wtri tt
Spned. an sad AGO ard Ce d.
pv,n,tlytj„� Janic E. Ban st
�/ ,add...*•
Slpnaturo:
Pr,tNmw: William R. Banyasz
kAll 0 O -
SWW— '��) IS_)42I 1 0 Ti"
YL!f 144 (Seal)
BorrOWef Wislaine Desvaristes *joinder as
Address Same _as _above Homestead waiver
only
2522 Linwood Avenue
Naples, FL 34112
STATE OF FLORIDA
COL*lrTy OF COLLIER
to
rights
1 hereby dMy Intl on ms day. baron m& . an ontur duty aurhor¢rtd n tM State aforesaid and in the county aforesad b take
arttnoWSdgi,enm, personally appeared Eric Desvaristes & Wislaine Desvaristes, hid me"ul�e urn to w the
pers"o) deecrOed in and who executed ore torepore instrument and aoknowladWA bolars no amt they executed the sumo for
re purpose eefern erprweed.
WITNESS trey hard and dafial meal in Mae Serb ... day d v _ 1B_"
Say
Eapirp: tiL liliV ) - -:/f-
1 Nola Pubkc's Sensture —
NMryk ii;nwW Name _
osri WULTAMR RAWASZ
M;, Cuw,� ; t : OIA)O
rusuc 1a Bonded 13% fldl,:..Y. Ias
No. CC5216
,,d)rv.rytw aart0
Packet Page -1496-
5/24/2011 Item 16.D.5.
LOT 3. AND TBE EAST 28 FEET OF LOT.-4, BLbCK 3, SURDALS, ACCORDING TO THE MAP OR
PLAT TMMNOF RECORDED IN PLAT BOOK 4 AT PAGE 2 OF THE PUBLIC RECORDS OF COLLIER
COUNW, FLORIDA.
so
w
� R . cc
a
Packet Page -1497-
;owns nomsmummy uc ,.,e ., W"
:o,
ra+rrs.,usa aRrsccrissmsu�
rttcss, „asN
Cam C” m ns
Ciosnq F14:106-347C
5/24/2011 Item 16.D.5.
Packet Page -1498-
Race: 3183306 OR: 3290 On- I'll
ISUR TITU GOAUM IGUCT I UCOIDID ill the OPPICIAI 11CORD3 of 5/24/2011 Item 16.D.5.
PICK OP 05114/2003 at 01:53AN DIIGR 1. IlOeli, Luf:t: OIII 5100.00
83COM NORTG UM Be RI 15.10
Doc -35 11.50
THIS SECOND MORTGAGE ('Security Instrument') is given on May 2003 The Second Mortgagor is:
Joab F. Damessous & l udnie Pierre, Husband and Wife
("Borrower"). This Security Instrument is given to Collier County ('Lender'), which is organized and existing under
the lows of the United States of America, and whose address is _ 3030 north Eorseshoe Drive, 0775 else,
Florida 36010 , Borrower owes Lender the sum or !ive Thousand atad Mo /100ths Dollars (U.8 II 5,000.0o ).
This debt Is evidenced by Borrower's Note dated the same data as INS Security instrument ('Second Mortgage.), wfwctt monthly
payments, with the full debt, f not paid earlier, due and payable on sale of property, refitoataae, or loss of of m
homestead exewtioa , This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with
interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect
the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instnorrern and
the Note. For this purpose, Borrower does hereby second mortgage, gram and convey to Lender the following described property located in
Collier County, Florlda.
As more particularly described as Lot 16, Block 2, Naplee Marron Unit 1, Collor County, FlorMs and which has the address of:
('Property Address'): 5161 Dime Drive, nNples, Florida 36113
TOGETHER WITH aft the improvements now or hersafteramictsd on the property, and all easements, rights, appurtenances, rents,
royalties, mineral, oil and on rights and profs, water rights and stock and all fixtures now or hereafter a pen of the property. All replacements
and additions shall also be covered by the Security Instrlument. 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 non - uniform 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 Prindpal and Interest; Prepayment and Lab Charges, Borrower shall promptly pay when due the principal of and
Interest on the debt evidenced by the Note.
2. Tattss The Mortgagor will pay all taxes, assessrt)eMs � Ap— wgi`iwe`ter rates prior to the accrual of any penalties or interest
thereon. ( L� l
The Mortgagor shell pay or cause to be paid b>espec—fivsly Q� or bus, (A)(t) all taxes and governmental charges of any
kind whatsoever which may at any time be lawfully or levied against or w-ti h reeq to the Property, (2) all utility and other charges,
Including "service charges', incurred or imposed fir t ration, maintenance, use, Occupancy, upkeep and improvement of the Property, and
(3) all assessments or other governmental charges that ��aid iinn,��oostallme ove( a period of years, the Mortgagor shall be
obligated under the Mortgage to pay or cause I�be p6id in Iment3 all are req t4 be paid during the term of the Mortgage, and
small, promptly after the payment of any of the, JOrUtra o h payment.
3. Applloatlon of Payments. Unless II is ived by Lender shall be applied; first, to
Interest due; and, to principal due; and last, to�ny I ¢he s `
4. Charges; Liens. Borrower shell pty taxes a s, rges, L, as arsilt' itio,s attributable to the Property which nmay
attain priority over this Security Instrument, and rents, r shall promptly tumish to Lender all
notices o amounts to be paid under this paragrap nd all receipts evidencin 1
Borrower shall promptly discharge any ' ich has priority over ury A nt unless Borrower (a) agrees in writing to
the payment of the obligation secured by the hen' r aaroptable to Le in good faith the lien by, or defends against
enforcement of the hen in, legal proceedings which�itm tm� rider s opinion operate , par enforcement of the ken; or (c) secures from
the holder o the lien an agreement satisfactory to Le?mut r ting the lien � i city Instrument. If Lender determines that any pan
d the Property Is subject to a lien which may attain pri0 nder may give Borrower a notice identifying the hen.
Borrower shall satisfy the lien or take one or more d the acti ire . in 10 days of the giving of notice.
5. hazard or Property Insurance. Borrower shall keep menu now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the tens 'extended coverage• and any other hazards, including floods or flooding, for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the Insurance shall be chosen by Borrower subject to Lenders approval which shell not be unreasonably withheld. If Borrower fails to
maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance
with paragraph 7. At all times that the Note is outstanding, the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as are customarily insured against and pay, as the same become due and payable, all premiums in respect thereto,
Including, but not limited to, all -risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire, lightning, and other casualties customarily insured against (including boiler explosion, If appropriate), with a uniform standard extended
coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises, exclusive of footings and foundations.
All insurance polices and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make prod of loss f not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property
damaged, If the restoration or repair is economically feasible and Lender's security i:: not lessened. If the restoration or repair io not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by the Security
Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period
will begin when the notice is mailed, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property Is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
S. Occupancy, Preearvatlon, Maintenance and Protection of the Property; Borrowers Loan Application, Lesseholds. Borrower shall
occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution or this Security Instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond
Borrower's control, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shelf be in default It any forfeiture action or proceeding, whether civil or criminal, is begun that in Lenders good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lenders 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 a ruling that, In Lender's good faith determination, precludes forfeiture of the Borrowers interest in the Property or other material
Impairment of the Ilan created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower, during the
loan application process, gave materially false or Inaccurate information or statements to Lender (or failed to provide Larder with any material
information) In connection with the loan evidenced by the rye representations; concern Borrowers
It the Property quires fee title toothee 1� If tMa securny IF Packet Page - 1499 - � �f �y an fire provision d�fe+�
If Borrower a roperty, the kmmhot_ _._ ..._ .__ _ , o , ,
„A,yd unless Lender egress t0 the merger in writing.
5/24/2011 Item 16.D.5.
7. Protectlon of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to
protect the value of the Property and Lender's rights in the Property. Lenders 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.
!. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. 11, for any reason, the mortgage insurance
coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially
equivalent to the mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance
previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not
available, Borrower shall pay to Lender each month a sum equal to one—twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve
in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Larder, N mortgage insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in affect or to provide a loss reserve, until the requirement for
mortgage insurance ends In accordance with any written agreement between Borrower and Lender or applicable law.
g. InspeWon. 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 speCNying reasonable Cause for the Inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any Condemnation
or other taking of any part of the Property, or for conveyance In lieu of Condemnation, are hereby assigned and shall be paid to Lender. In the
event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,
with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately
before the taking Is equal to or greater than the amount of the sans secured by this Security instrument immediately before the taking, unless
Borrower and Lender otherwise agree In writing, the sums secured by this Security Instr rrhent shall be reduced by the emou nt of the proceeds
muhlplied 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 shell 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 and Borrower otherwise agree in writing, any
application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs t or change
the amount of such payments.
11. Borrower Not Released, Forbearance By Lender Nr� a —leer. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrume re r ny successor in interest of Borrower shall not operate to
release the liability of the original Borrower or Borrower e shall not be required to commence proceedings
against any successor in interest or refuse to extend ' ' em or oche �i mortization of the sums secured by this Security
Instrument by reason of any demand made by the orl rrower or Borrowers su rkin interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver o preclude the exercise Of any rift or remedy.
12. Sucat»ors and Assigns Bou Joir i LlatzlUt �6q gig 1.4 covenants and agreements of this Security
Instrument shall and and benefit the successor a assl s o red Borrower, t to"the
Provisions of paragraph 17. Borrowers coven nts n A Borrower who co-signs this Security
Instrument but does not execute the Note; (a) a S�bc ri I te, grant and convey that Borrowers interest
In the Property under the terms of this Securi Inst m nt; ( is of pe Ii to to y 4h' sums secured by this Security Instrument;
and (c) agrees that Lender and any other Borrower o f or ny accommodations with regard to the terms
of this Security Instrument or the Note without es colt I.
13. Loan Charges. If the loan secu is Security Instrument i to 1 ich sets maximum loan charges, and that
law Is finally Interpreted so that the Interest or o1 t n charges collected or Onnection with the loan exceed the permitted
limits, then: (a) any such loan charge shall be redudb�`tby�the amount necessary o`oed t)ta' harge to the permitted limit; and (b) any sums
already collected from Borrower which exceeded pan iitt 'mats will be refunded to Larder may choose to make this refund by
reducing the principal owed under the No or by rnaRi yment to refund reduces principal, the reduction wol be
treated as a partial prepayment wlthouN any
14. Nodose. Any notice to Borrower provided for t shall be given by delivering it or by mailing N by first
class mail unless applicable law required use of another method. s 11 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.
IS. Gowming Law; Severobiiity. This Security Instrument shall be governed by federal low and the law of the jurisdiction in which
the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To
this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Properly or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in N is sold or
transferred (or It 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 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 Larder 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 molled within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of ;his
Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for
reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would he due under this Security
Instrument and the Note as If no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses
Incurred In enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrowers obligation to pay the sums
secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under paragraph 17.
IS. Bale of Note Change of Loan Ssrvicer. The Note or a partial interest in the Note (together with this Security Instrument) may
be sold one or more dme8 without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer') that
collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with
paragraph 14 and applicable low. The notice will state the name and address of the new Loan Servicer and the address to which payments
Should be made. The notice will also contain any other information required by applicable law.
20. Haaardow Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal ve re sidential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice for any Instigation, claim, demand, lawsuit or offer 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 leams, or is notified by any govei Packet Page -1500- that any removal or other remediatton of any
5/24/2011 Item 16.D.5.
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
As used in this paragraph 20, 'Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law
and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, tonic pesticides and herbicides, volatile
solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in this paragraph 2D, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is
located that relate to health, safety or environmental protection.
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant
or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
notice shall Specify; (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given
to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result
in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a
default or any other defense of Borrower to acceleration and Foreclosure. If the default is not cured on or before the date specified in the notice,
Lender, at Its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lander shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21, including, but not limited to, reasonable attorneys fees and costs of the title evidence.
2Z, Release. Upon payment of all sums secured by thla Security Instrument, Lender shall release this Security Instrument, without
charge, to Borrower. Borrower shall pay any recordation costs.
23. Attorneys' Fess. As used In this Security Instrument and the Note, 'attomeys' fees' shall include any attomeys' tees awarded by
an appellate court.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as If the rfder(s) were a part of this Security Instrument. (Check Applicable Box)
❑ Adjustable Rate Rider
❑ Graduated Payment Rider
❑ Balloon Rider
❑ Other(.) (Specify
❑ Rate Improvement Rider ❑ Condominium Rider
❑ 1.4 Family Rider ❑ Second Home Rider
❑ Biweekly Payment Rider ❑ Planned Unit Development Rider
SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any nder(s) executed
by Borrower and recorded with it.
Signed, sealed and ,,delivered in the presence of:
Witness8l: ( ^1{���I��l// VA My_(/��/l��i I ( ,
Ainnahim- / / F1.Lre t) 1 1 ll 11 ■ (
STATE OF FLORIDA
COUNTY OF 60 (tt Y� ��aC
I hereby certify that on this day, before ;
acknowledgements, personally appeared Joab F. Dar
executed the foregoing instrument and acknowledged
WITNESS my hand and official seal in the County and
My Commission Expires:
. NA M. MORA
�' cCM..ySmpN r 000)7IISa
,.x w-015 )ut 00 4008
r�xtllG
WOW
A'ra &A NOtMr
File #: 03 -187
F.
tr duly authorized in (best /ate/ 2resaid and in the county aforesaid to take
t &' FV to ��e known to be the person(s) described in and who
met ( they) ted the same for the purpose therein expressed.
d K4 200
ary tic's Signature
s Printed Name
Packet Page -1501-
5/24/2011 Item 16.D.5.
r! q
ti
0
CL
w
aq
4
to,
R �
t4n
5/24/2011 Item 16.D.5.
SAX ABST
RON*
I WD oc*w�
WYMOUTH
COMPANY
I. 14WAD
$
ID190
7"VS-M TWO THOUSAND EraRT NJIMMED N141= =rHT DOLLARS &nd jelloo
TO TV.-
ORD6 Coj%40T Gaua.Y Gay. Houaiag XU"A Sere.
VCW AMR IAD rll,'Ys
Packet Page -1502-
4
to,
R �
t4n
n
iv-
ce
SAX ABST
RON*
I WD oc*w�
WYMOUTH
COMPANY
I. 14WAD
$
ID190
7"VS-M TWO THOUSAND EraRT NJIMMED N141= =rHT DOLLARS &nd jelloo
TO TV.-
ORD6 Coj%40T Gaua.Y Gay. Houaiag XU"A Sere.
VCW AMR IAD rll,'Ys
Packet Page -1502-