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Agenda 12/13/2011 Item #16D 312/13/2011 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign one (1) satisfaction of mortgage for an owner - occupied affordable housing unit in which repayment in full has been provided to Collier County. OBJECTIVE: Approve and authorize the Chairman to sign one (1) satisfaction of mortgage for owner- occupied affordable housing units that repayment in full has been provided to Collier County. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing grant, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale, refinance or loss of homestead exemption. The following table details one (1) client who has repaid all funds expended on their behalf and is entitled to a satisfaction of mortgage. Name Security Instrument Pa off Amount Public Record Jose Lara & Maria Lara SHIP Second Mortgage $5,000.00 OR Book: 3067, PG: 11.67 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. FISCAL IMPACT: SHIP funds in the amount of $5,000.00 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 and requires a majority vote for Board action. —JW STAFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) satisfaction of mortgage for an owner- occupied affordable housing units in which repayment in full has been provided to Collier County PREPARED BY: Kimberley Grant, Interim Director, Housing, Human and Veteran Services Packet Page -2423- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. 12/13/2011 Item 16.D.3. Item Summary: Recommendation to approve and authorize the Chairman to sign one (1) satisfaction of mortgage for an owner - occupied affordable housing unit in which repayment in full has been provided to Collier County. Meeting Date: 12/13/2011 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Services 10/28/2011 10:42:27 AM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Services Name: DoriaPriscilla 10/28/2011 10:42:29 AM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 11/13/2011 1:00:56 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 11/16/2011 8:33:00 AM Name: RamseyMarla Title: Administrator, Public Services Date: 11/16/2011 12:52:35 PM Name: Wrightleff Title: Assistant County Attomey,County Attorney Date: 11/21/2011 1:26:47 PM Packet Page -2424- Name: KlatzkowJeff Title: County Attorney, Date: 11/23/2011 2:30:47 PM 12/13/2011 Item 16.D.3. Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 11/29/2011 10:32:22 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 12/1/20113:37:16 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/1/2011 4:24:31 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 12/2/2011 10:18:15 AM Packet Page -2425- 12/13/2011 Item 16.D.3. Prepared by: Collier County Housing, Human & Veteran Services 3339 R Tamiami 'frail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Jose A. Lara and Maria Lara to COLLIER COUNTY, recorded 710812002, in Official Records Book 3067 Page 1167, 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 1, Block A, Habitat Village, according to the Plat thereof as recorded in Plat Book 37, Pages 48 through 51, inclusive, of the public records of Collier County, Florida. (12024 Sitterley Street, Naples, FL 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 .2011. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and I lega uffic' ncy: Jeff E W, t Assis ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet Page -2426- 12/13/2011 Item 16.D.3. Packet Page -2427- 0 E 0 0 Moo - ci ui ui � c r 3 O U O N q E M .... ODD �oU Co ! 00 �. m m _ ECD o Q O m o -� [ 9L O _ E Q �} V V D N Q w Z �. Co m � I?� U CJ o d D m Packet Page -2427- 12/13/2011 Item 16.D.3. Co 7e lr Count Public Services Division Housing, Human & Veteran Services September 6, 2011 To: Habitat for Humanity Attn: Norma Lora From: Collier County Housing, Human and Veteran Services Department Priscilla Doria Re: Jose & Maria Lara File# 02 -212 12024 Sitte Hey Street Naples, FL 34113 Recorded on 07/08/2002, OR Book 3067, Page 1167. *COLLIER COUNTY WILL NOT ACCEPT ANY OFFERS LESS THAN THE AMOUNT LISTED BELOW* *PAYMENT MUST BE PAID IN FULL* The payoff amount to satisfy the above mentioned property owner's loan with Collier County is 55 This is a zero (0) interest loan with no payments. Payment due when property is sold, refinanced or loss of homestead. Payoff will remain the same regardless of date. Payment should be made to "Collier Countv Board of County Commissioners" and delivered to: Collier County Government Housing, Human and Veteran Services 3339 E. Tamiami Trail Bldg H, Suite 211 Naples, FL 34112 If you wish to have us record the satisfaction, please include a check in the amount of $10.00 made payable to the Collier County Clerk of Court. This must be a separate check. Thank you, Priscilla Doria, Loart` Processor (239) 252 - 5312 - phone (239) 252 - 6518 -efax Housing E- Iurnan and Veteraii.services 239- 252 -CARE (2273) - 239 252 -HOME (4563) 3239 252t CAFE (2233)! 239 252 RSVP (7787) 239-252-VETS (8387) • www.cdiiergov.neUhumanservi ces Packet Page -2428- • INta: 3009532 OR: 3067 PG; 1167 111A1111 TI711 OOMWIT b211C1 I IICOVID In the OFFICIAL N1C01DS of COLL1111 CODATT, PICI OF 07/01/2002 at 07:51AN 1111127 t. NIOCI, CMS THIS SECOND MORTGA13E (-Security Instrument') is given on Jura . 2002 The Second Mortgagor is: 12/13/2011 Item 16.D.3. 311110. to MI 5000.00 Rik FIE 20.00 DOC•35 17.50 Joe A 4 Maria Lars. Husband and wits (•S0rr0W). This Security Instrurnart is given to _ Collier County (•Lander'), which is orptnizad and existing under Oita Maws d the United Stales a America, and whose addrew is 3030 Morth Morsashoa 11rit a 1375 Manias. Florida 30010 . Sorrorrer owe Lander the sum d Firs i'hoasaod grad Mo /100ths toAllast This dMt b evidenoed by brrower• Nets dated the came date as this Sscrrity inal unm ('Second 1 ti 3.000 , 00 )• Plymu e, with the fun debt N not id artier, due and ��')• which Providn tar mortrty Pa payable on sale of t•t oeartr. rat which or loss of ltoaast sad ins RIMS a .This Security katnrrrent hence to Lander: (a) the repayment at the des swift by the Na•, with the hers and M hrr -1 aoaMlons and MO N -bons; (b) the paynMnt oh an other euma, with interest advanced under Paragraph Security Mutr rnent and (c) ft a BOrMwa/a covenants and agreements under this Security 1 7 to &W the NOW. For thie Pxpon Borrower does hereby 0011 1 VCounty, FbrWa. Oage, grant end Convey to Lander the tokowng described property located th As more Pnticutady dsw*W as LOt t. Ohm A.1, - Itat VUWM Comm Cosnty, F1orlda and which has the address d: Mroperty Addrese'): 13014 iitter1w 0traat Maples, Florida 34113 TOGETHER WITH an Ott Improvererte now or hareltW erected on the Property, and as easerems rphts. appurtenances, tats, additlona abet also a arsd water rlpMt and stock ant! all the raw or hsnarar a Part a 1ha property. AN reple�nta BORROWER COVENANTS that Bo owsrl is rvInwam. All a the we ftle is retenad ro n this Security keentrem as the'Property'. isvAxxy telud a the ewh Mreby convayao and has the m0rgape, gram and tie title to the Propsrly�r IM the Property CIaP�y Is damandt. except for enarnbrarxM of record. Borrower warrants will defend ganersay THIS SECURITY INSTRUMENT combir" urrio m cwmwft o aril' enCrrhtbranosa a nd no )urledfetlon to Cawatuta a unform security irsharem covering real papert),lor rlaaonal use and non uniform covansnls with limirod variation by UNIFORM COVENANTS. Bomrwar and Lender c0wnam and ogre as follows: (Merest on the dWt evideraoad�byy ft and Lath CMrOa Borrower arWl Pmq*y Pay when due to pnropM 01 and 2 Tats. The Mortgagor will pay am taxes, asseswranh rams or water rates thereon. Prior to the accrual of any psnalbies or hteresl shal kind whatsoever shall pay ro dme be be Paid due, (A)(t) all tames and gaernrramal Ma Including •service carpet•, *%tuned or ta0orn 10 the Property. (2) all U" and other �rg a� (3) all aaseaeeres or ooaripovernraMd 0e• •map ad fmprovsn ent d Ore Prepay, and obligated carter the MongmpM ro pay or caw be paid in r a P°^0d of years. Nit Mortgagor shelf be @ MI, Promptly after the payewd d any d oe 0 d no be Paid during the term 01 the Matgaga, and W blMrW dw; to Ip/ ajeal by Lender Shall to applied; Itim. to re. 1. Charm; Llu Boroeem shah � attar Pftft over of Security Instrtanem, MfribuW* to the Property which may notion of anouxts to be path under ors r than Prompty harsh to Larder all the psyrnew of die ob gallon red b~jr O�ie �y ° 1 unle" Borrower (a) agrees in writing to Moro~ of the ten Ira proceedirga LU~Mwst a l^ lied Faith the Yen by. or dakrds apuret tie holder d oe Nan r agl aril ra aorta tip wfttanem a the ken: or (c) secaae from d the P"any is autrject ro a Its" W" ray ~ oe Non to halntrent. N Under detemtMS oat any part Ra lower abet BW* the Nap or take one or more d the ^ter ^ell rive Borrower a notice klentayirg the Gen. 3. Haeard or P oparty Mteunnoa. Barlow that 0 OnroO d erected on the Property insured aawet lore by ire hesauds irOhrdsd wftMn the tarm 'edaded tt new or hereafter MOOS kwrano. This WON=* that be maktlaired in the arm No #w the Kiode � is, g foods a Gooding, to wh Lender ProvNNg oe ktauran0s shall be chosen by Sm own, axbog ro Larders approval which atoit nit be Lender m* res. The intaarnce comer Ineirttalincoverage parepra 7. AtWM Wynn � N" �• at 0flOWs 0100011, atlNn eoverage o p0tect Lenders Property ac0ardarrce o oubtarrdkp Ore MappOr than rnairtan Inaance with respect o the Frernieaa against Mich ndtrdkg Nutted to, Wit mwiekdy fnturad apaMlst and pay, at oe same txrcorre due and payable. all txerriurre n respect thereto, by Ike, hom*g and other cauanies cue onartly kwx Interaab of the tMortga(pr and Moxlgagee against 1068 or d.rega to the Pwrnitea &poker Wckud % boiler soploelon, N aaandW ooarage Mdoranenl ncluing dabnis removei ooverapa. Such inamncs at 011110110 to be it a+tanr rnmw. with a than uniform standard cast d nit Pfenvow ewu" d boew" and burdaion, a nit less than the kit hepla0artarnt An Mtararrce POIC" and re WMU can be aCpp1WM to Lender and and inckrds a atarderd mortgage claw. lender anaN rave thta rlphtt b hold rte POYetee Mot reilaenis. N lahxter eequree, Sorrow that prorrtp0y Site o Lander aH rsoipls d paid pr and rsnnevwl lofta P�+Phy Iby Borrower« bit �orroewr shell give Prompt notice o the Gwranee Cartier and Larder. Lender may meta prod d nos N nit made damaged M rte r.o-wm l n or fepar 18 ly and L a insurance wnoeew abet be applied ro nsronlion or repair d the Property %aUb S a Lander'• a•ourey woad bit lesea I rte rowan is not Nspred. it He restoration o repair is not Irtarurnam, wfkW m or not ooh due, with any noose paid tong nrower. N Bo m r ail � riot t ro tie ins wooed by the Security a rt0N0e horn Larder that the bKMMo Dram has shred to aside a claim, pen Larder Ply. o does oa answer within 30 days tie praOaetM ro npak Or haa0re oe PrOpely or ro pay aunt egmsed by Ors security wM�theror ur� a" use Will begin when due "oolllo is ml W. Unlssa Lads ad Sm.m r otherwise apes in writing, any apPlnCaOon a proCeeda ro 30 day period a�Pafy age �larhder, Bono rt ro a y I or change the amount ail the Pa ww t. O under paapnph Ora aagaaNbn abet pas o Larder to the alw d the erne geourad by thie Security haburnerd at�a�, � prop ro r MartMnaua and Prcbc0lat ail the P OWly Sarowa'a Low AppM itiM Lwelalat No 0gram to . _ aN Property as Borrowers principle rssidarnoe wNhn Borrower shut ooerata aPw In WWS. w�NC►�corwnl � s be residence ibey w d & at las�of year aha�oe 6 OxuPfir",�i unless Lender Borrowers oon b Somas, and not do", damaps wNNnNd, Or W*W ederxatkg - umstanoa exit which are beyond PtopaAy. Borrower shah be in tlafatrN N any bdWkn aetbn or Pr rtp. 010* the Properly to dde iorme, a conwNt wash on the e ludgrem ooad roue In *bb_ d One Property or otherwise P►OOedkg. wMtler evil o crirnirtal, is bear, tlwt in Lasers good tsith ktteretl Sonowar may We such a deleWt and nkettle, a prom ►the lien cheated by this Security, kstno i n or Lenders security with A ft ft VOL In Larderg paced faith dstatnYfalion, precludes fotMNae�a tlWh tBorm ire inhrettOte aeoon a proo.dirg to be dismissed krtpagntsnt d the Nat creased by tit secrrM ifefrtxrnarit or Lenders esoudy ieaewal Bwwwer atoll 41180 be Property delault I th, ) n Yw *0 ar Irby Coate Note, ircludin , gatanernte ro Laden (or taaW to provide Lando with ay n►ataisi d On Properly as a prk�sl Ie ", ce. N this becutiev k*Amon b an'a *afth d gp,pw� cwmff f0 Borowers occupancy N Borrower ac wines he w e to to Prot", Nit Masaold and ore Me one that not Comply with all the provision of the lea. rent unless lends aaaa 10 the maps In writing. Packet Page -2429- 14 OR; 3 12/13/2011 Item 16.D.3. 7. PrONCOon N Lender's RIgMe in Ute property. II BO"ww fsis io perform fha covomnta and agreements contained in this Security In$M MWM, or Mwfs Is a legal ptocssding that trey significantly atlect Larder's ngtws in the Property (such as a proceeding in bankruptcy, probate, for don iernre ion or forfeiture or to enloroe laws or regulations). than Lender may do and pay for whatever is necessary o has priority over of POPP" and Landers rights in the Property. Lenders adbris may, Include paying any sums secured by a Nan which Security (nstM1alNnt, appearing in court, paying maSWAW atromeys' teas and enter" on the Property ro make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do So. Any amounts disbursed by Larder under this paragraph 7 shae become addilionat debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terns Of payment, the" amounts shall bear interest from the date of disbursemeM at the Nate rate and shall be payable. with interest, upon notice horn Lender to Borrower r`quesling payment. InstrurtsrM, iexa -,OL It Lander required mortgage insurance as a condition of meking the ban secured by this Security equivaMM Day Me P"Onkl rs required to rtwiMain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage requited by Lenller lapses or copes to be In effea. Borrower Shea PRY the P�wrSms required to obtain ceverege substantially y Previously In b sMaCt previously m effecl, at s cost subaterrtleNy equiwlSM to the coat to Borrower of the mortgage insurance mMOP Insurer approved by Lander. a substantially equivalent mortgage insurance coverage is not awNade, Borrower shall pay to Lander each month seam agwl roots- Ivraffth d the yesriy ntortgege ittaurence premium being paid by Borravww when the Mauro ce coverage leP"d w oeasad ro bS in affect Larder wrKl axapl use and retain rhea payments p •ass reserve In lieu of mortgage Insurance. Lou resalva payment, may rig longer its repaired at the opion ot Corder. M martgaga asurance coverage (in the amount and for the peMod that Lsntter rsqurea) provided by an ksurer approved by Lertdar again becomes avanNable end b ottaired. Borrower shelf pay the prMnhsrn required ro maintain nartgapa kstrnarae le effect, w ro provide a lop re"rw, until the requnarmnent for mortgage insurance ends M accOfdahaa wait any wntbmt agleannraM between BOrrorrar and Lender w applicable leer. g. fnepeotbn, bender w as agent may make roatanable enhles upon and inepsaiors ot the Property. Lender efmatl pew Borrower notice at the Mme d w prior to an inKpactlon specifying roaaasble quay for the inspection. 10. CoftdenMtatlon. The proceeds d arty award w claim for dansgn, direct w consequential, m connection with w other tatting of any port N Me Property, w for SuY cder. In evaM of a total tail of hate COe in Nw of eMOn� are hereby «signed and shah be paid ro Larder. M the _ taking Properly, the proceeds ShW be applied to Me Sums secured by this Security InstnSnaM, wholtw or rat then due, with any excess tale paid to Borrower. In the event of a partial taking d the Property, in which the fair market value of the Property immediateny kg Is aged 10 or greater than the amount of the sums secured by this Security instrument intnsdiatety bears the taking, unless Borrower and Lender othenvi" agree in wrifi g, the Sums Secured by this SSCUnty Instrument shall be reduced the amount of the proceeds Of ut plied by t � (a) the total amount of the Kars "cured ksnsdietSyr before the taking. dived d by (b) the fair market value the lair market venue of the Property I.nn lately before Ong be is Imps than B a Wriount WO even! Of & partial of the sums SecuredImmrtmediately�e�mg. Ibis$$ Borrower and Lender otherwise agree in writing or unless applicable low otherwise provides, the proceeds shah be applied ro the sums secured by this Security IrnNrurrent whether or not the sums are than due. Ur Lender and Borrower otherwise agree m writing. any OPPNcation Of procesde to principal Shea rte Beard w postpone the due date of the monthly payments referred to in proe in pha t w charge the amount of Such paymslft, 11. am re" OWN Forb"renae BY LartdW.aMWA . Eidension of the time for payment w Modification of amorge the of the ovia l by this Security Iretnen� successor in interest of Borrower Shan not operate to release the I' Ineemo l Borrower o BonoereGS Shell not be required to commence proceedings against any sueceaao i Ito aaM yreM w othsrw neon of the suns secured by this Security IretnSnent reason of by or Borrowers a sea in interest. Any firbeararce by Lender in eterciaing any to or remedy Shall not be awe r the DXKCMO of any or IL Imp B W bind &M the ' covenants and agreements of this Security ProvlebnK of paragraph 17.- Borrowers rid Bo the kstnarenM but clop not sascuta its Nola: (s le Borrower who co -signs this Security in the Property ardor the teavts of tfls Seca I a a fie, grant and convey that Borrowers interest and (o) agrees east Lander end any poor ) ro sums secured io this Security Instrument: lem: Of MW Security Instrument of the ff go Nob_ s consent. y any aarommodations with regard to the romris IL lawn is finally Mlenwated w 1Mt the fMerest or this Security Instrument h seta matdmum Ion charges. and that nmlte. Men: la) any Such loon cellectsd or connection with the ban etcaed the pemeied change ehtaa be hate amount necessary t Charge to the permitted Imta: and (b) any sums Already t deeded from Borrower Is d whch eacee by a will be re hsndsd r. Lender may choose to make this refund by reducing the art pal owed Is do the Nob w fry i a refund reduces I treed" a partial prepayment wtatlora any prepeymsM r principal. reduction will be 14. Notlees. Any notice to Borrower provided jar b mom Shelf be men deliver elm Arai unison 0 by mdd k s by mailing t by first aPPlb� �' required use d andhsr mneMad. The nonce Mali to directed to the Property Address or any other address BorrowK deslgrnbs by not" to Lender, Any hoflcs ro Larder ShW be given to Borrower or lender when given as provided m this paragraph, hate P IL Lai; levera ft. This Security InsM RWd Shah be governed by No" law and iha lawn of the jurisdction in which conflict Property is located. In the everts that cry provision w claw of INS Security irstrtSnsnt w tea Note corNlcm with applicable leer. such !hta endend lhaffproNalone of teaaprwiMorw d this SeclaMy Irshtunam or Ms Note which can be given affect without fits confNcong provision. To IS- cvWw* Of Instrument and the Note are declared to be Severable. 17. Trwebr B p�• Borrower shall be given are confotrmsd copy d the Note and of this Security lnstnnem. Propwi y ore /enefblal Ntloeat In f5orrsvrer. M W w any estt ot ►he Property w any interest in t b sold or transferred (w M a DSneNdaf iMereW M Borrower le Bald w trarslerted and 8ormveer b not s natural person) without Lender's prior written Consent, Lender may at its option, require Immediate Payment In full of all Wms secured by haws Security Instrument. However. Mid option Shea not be eaorclsed by Lender ifeserobe is prohibited by federal law es of the date of haws Security Instrument. It Larder eaemis d No opaoA. Lender shall give Borrower notice of accolenation. The ndtcs sham provide a period of not Ills than 30 days from the dab the notice Is delivered or mailed wain which Borrower must pay an sums secured by thts Security Instrumar L It Borrower fails to Pay MM Suns prior to the asViefion of this period. Lender may invoke any remedies pe ... A by this Sseurty Instrument without further ndlce or demand on Borrower. 14. Wor owlWa ig" to RNfsgq. If Borrower meets certain conditions, Borrower Shall have the right to have enforcement of this Sanoaity lnetrun,m dwwshtwd At any Mme prior to the earlier of; (a) 5 days (w such Other Period as applicable law may apegty for mlnsbbrtent) before a" Of the Property PureuaM to any power of sale caKained M this Seamry instrument: o (b) enhy of a judgment enforcing this Security instrument. Than conditions are that Borrower. (a) PaYS Lender W suns which Men would be due under haws Security Instrument and the Note as ff tIo acceleration had occurred: (b) cunea Aid dafault of any otter covenants a agraennwrts; (c) pays an elperlas nuorsbly require ro assure Mstly tM ftm~. including, f oflen jflS but not Nnwted 1% mma r"is aftWnWS rep: and (o) takes such acorn as Lender may "cured ly hale m to as Irstrfh 0 IR No of this uSec`� 1 ' Lenders NM In the Property and Borrowers obligation ro ascured hereby unchanged Upon reinstatement by Borower, this Security hnBMnW and theme obligations a ions acceleration under perep�relph 17 at ff no aocsleratlon had occurred. However, this right to reinstate Shea not apply in the case of IL 9210 Of MAS; Chenille, be Sold one w more tl of I� The Noe or a pamaf interest in Me Note ("t her with this Security Inn MMM) may f notice to Borrower. A Sala may resuil in a change in to entity (known as rte 'Loan Sarvicer) that ''lieu mor" Payments due under the fate and this Security Instrument. There also may be ore or mare change of the Caen Servicer paragraph to a sale of the Noe If stars le s cMrtge of the LOW SefYicef, Btxrower will be given written notice of the charge in accordance with paragraph 14 and applicable few. The rood will Stab the name and address of the now Loam Servicer and the address to which payments should be made. The ratio NIa shoo contain any other information required by appticebe few. 20. HMrdow Subwrro". Borrower 00 not cave or pemtM hate presence, w, 011Pp+i, storage, or m*M of any Hwardous Subabrcas on or In the Propolty. "tai r Shale not do, tar allow anyone ebe to do, anything affectlng Me Property that IS in violation of any Envkorrn entiay Law. The preceding hvo den%"= OW not apply to the Presence. use, or storage on the Property, of small querti ms of MUWdow Subala nces that are generally MOOpr M to be aPPrePriata 10 WMI0l MBMW d WAS and to mai denarm of the Property. am tower atW prdmpOY W— Lander written notice for arty kwom9aftm deem, 00msnd, lewoua o other action by any go rermsntat w mp�r ag�Y or Private pony Invo1vng the Property and any, MUMWus gtrbsbraa or Env onnental Law of vA W Borrower has scmW knowledge. M Borrower kern,' or is notffled by VW gw WW" w reguletory aunt", east arty lsntotpl or other rerrtedialion of any Packet Page -2430- 12/13/2011 Item 16.D.3. OR: 3w PG: 1169 Enwownereal Law. aMOaD PrOOanY b necessary. Borrower thati prorrlptly take as mcsswry remadal actions in alx Oroantce will As used In Me Paragraph S0, 'Hasandotn S "Wms' are thaw substarase dain ea 10* or han dour substances by EmpironmaMat Law and the W— ft -WOM M paaWlne. Wmw*, Other Mmmable a tuck PMrolaurn prodiift tends Wsticides and Mrbicides, l.Mb lows9ft tive ma"" ssbse f tas or ntlaidshyde, and As 00 in this located thN nNaee a tlaaltll, PaW� 20' '� Law- means %ford laws and tetra d the ryrisdicbon where the prupeny b !1. AOOalere11o11; ReasMftse Larder Miasma or ap arinM In this SWL* kntrument (but not par ttoo aacaabration under, P N 1 Borrowat's breach d any aavneM n0ftil andl tpa<:Nr. (a) Mla ds%ult; (b) 1M aclan aPP cable law provides o w-n). The 10 Borrower. M which the default mud be cured: w4 ((d Mat fades N cure the d buN on or belore Mle da hom Mee daN tlts notice b yirert In atxebratbn Of the atartr secured by MMS Seeuny Inatnartert, lereckxwro �Pecitied n as notice may resells lunhar inform Borrower of to rght to nNnMate alter aeceNralan and the rig) ro assert) In a forpic osusrode of the Progeny. TM notice shall default or" oMNr ddertq of Borrower b acosbnuiolt and fOreclostae. M Mte dMault b not cured on or bef�dN of a Lander, M N 8�ecurfmay 1 t �m Pint in ke a an sums secured by to Sagafy Instrument wM►aut ft~ demand mar yam• Provided in tMe paragraph !1, including, but not entllls less collect aN expsrtaes incurred in pursuing MN rarrterJbs 2. Rebels. Upon Payment of all sum snouted by Mtb Securr ftyInn"T uMent. L K I anal fthe li awe pdos� cheeps, to Borrower: BonfW Shall Pay any recordation cows. lraftiment, wow an appellate, use' As used in this Seaua)r Instrument and the Note, 'ahorttsys' bas' 5 WI include any Mloff", f� awarded by InatrtrrNrK oho it to tthb ftb rlty MNfrunNlN. M one or more ndsm are executed by Bwowar and recorded Mpther w M on r lnownaMS h w Security rmLi lmN� M MN such nder sMN be Incorporated iMo ertd shell arrtertd and suttpbn e t fM coveneres artd rider(s) were a Pan Of thle Security IFOUT1eM. (Chedt Applicable Box) Aquatabb RON Rider Graduated FaymerM Rlfar Balloon Mdar OMegs) (specify Rals Improvwnw* Rider Condominium Rider 1.4 Family Rider g Second 1 kin le Rider B"asidy payment Rids ❑ Pl.nlsa 11011 Developmem Rider SIGNING BELOW, Borrower acos; I and apnea to the terms and covvients contained In this Security Imtnlrnent and in any nder(s) executed by Borrower and recorded wit lt. Slgr►ad, sealed and ds6vsreJll Ip LM,pgesnres pt: STATE OF FLORIDA COUNTY OF r, '1 . �_ I hereby certify Mai On Rte day, bsloro me,, attertwMedganNma, PenonaMY appeared Jose A a IIarU K. Stink Lo aleraeaid and in the catty atOMWAd 10 We parsons) 141 M ed in and who executed Rte }pepping karMarnM and aekn0*111dpp before me that (He! Sher Meg) executed Mw same for Ms Purpose thomm expnewd. WITNESS my hard and oMoUl seal In the County and State aforas" thi ` 20L ZF My QorrrrMealon Morse: () Nolan Peal Now" JENNIFER AHN SE"S MY CUMMI�iIUMI UP nrtM6 itv�' N �M01 R File#: 02 -212 Packet Page -2431- Jungp , 2002 OR: 3067 PG: 1170 12/13/2011 Item 16.D.3. PROU1880RY NOTE p borrewrt Jose 11. i Maria Lora 12024 /iltarih► itlNL Yaules tL 3411s (Property Addresa> (City) (State) 1• � (8)'P110M28e TO PAY. Ii We promise to pay Fire Thousand Dollars ($5,000.00 ) (this amount will be called 'principal') to the order of Collier County ar t,, any other holder of this Note (the 'Lender"), whose address is 3050 Horseshce Dr-\-e North_, Suite 275, Naples Florida 34104 I /We understand that the Lender r.�+} transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". 2. ZMTif(t84: Interest on this Note shall be zero percent (CB) per annum; except that if I /we fail t0 pay this Note as required, the interest rate shall be twelve percent t:Z'iii per annum from the date when payment of this Note is due until I -We pay it in fu:i. 3. PAYUMS: Principal payments shall be deferred for the term of the first mortgage 1oan cr until sale of property, refinance or loss of hemestead exemE -i n , the date the :as' payment is due on refinance or satisfy the first mortgage loan. ::e agree to immediately pay the entire sum due under this Note. My /Our total payment shall be U.S. $S,000.00 . 4 • am 'a 312cw TO PIWAY: I /we have the right to make payments cf principal ar nny time before they are due. A payment of principal only is know as a •prepayment•. %,hen I /We make a prepayment, I /we will tell the Note Holder in writing that I.'we am ding sc. I /we may make a full prepayment or partial prepayment charge. :he Nate holder will use all of my prepayments to reduce the amount of the principal that : ewe under this Note. in :) If I /We make a partial prepayment, there will be no changes in the due date or te amount of my monthly payment unless the Note Holder agrees in writing to those char.❑ *. If I /We make a partial prepayment, there will be no prepayment penalty adhering t. r associated with such prepayment - "- 1 CCU 5. LWNI Clta110i8;: If a law, whi as to thr � nd which sets maximum lean charges, is finally interpreted so a he interest or pr Glut loan charges collected •.r to be collected in connection w th his loan exceed the pe itted limits: then. (i) any such loan charges shall be r du d th nece a to reduce the charges to the permitted limit; and (i') y sum al dy c lecte f m me which exceeded permitted limits will be refundeto y choose to make this refund ty reducing the principal ha W r h e or b• making a direct meius, If a refund u es y g payment t^ prepayment. , n -4 n ip 1 r u ti p ill be treated as a partial 6. 80801tD2M11TZ0IF: Lender rrower acknowle a d that this Security In.st"ment is subject and subordinat all respects to a i' terms, covenants and ccndit :ons of the First Deed of Trust to all advances a made cr which may hereafter be made pursuant to the First Trust inclu ' a sums advanced for the purpose c le) protecting or further se �� irst Deed of Trust, curing default= by the Borrower under the ri or for an other permitted by the First Deed of y purpose expressly furnishing, fixturia or (b) constructing, renovating, rthe Firs g equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate inc,me households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed ir. lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deen in lieu of foreclosure, the lien of this Security Instrument shall automatically t?rmiiiate upon the Senior Lien Holder's acquisition of title. provided that (i) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 3C -day peri,,d provided in such notice sent to the Lender. 7. 10"MM(a) PAZLUU TO PAY AS RSQUaeM: (A) Default If I /we do not pay the full amount as required in Section 3 above. Iiwe will be in default. If I am in default, the Note Holder may bring about any actions net prohibited by applicable law and require me /us to pay the Note Holder's cost and expenses as described in (B) below. (B) Paybent Of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. 8• 02V OF EMICi8: Unless applicable law required a different method, any notice that must be given to me /us under the Note will be given by delivering it or by mailing it by G Packet Page -2432- *** M- 3 12/13/2011 Item 16.D.3. Iirat class mail to me at the Property Address on Page 1 or give the Note Holder a notice of my /our different address, at a different address if Any notice that must be given to the Note Holder under this Note will be given by nailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I /we have been given a notice of that different address. 9' OI'10AT20" OF ?eee0sS =DZR TR1e MOTs: If more than one person signs this Nate, each person is fully and personally obligated to keep all of the premises made in this Note, including the promise to pay the full amount owed. And• person who is a guarantor, surety or endorser ,of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, sure t}• or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Haider usytogether . its Thisrights meansunder thatthis any oneaoflustmay be re on individuaily az again, t all rf owed under this Note. Y quired to pal' all of the a ou:itc 10. "W42" I and any other presentment and notice of dishonor. C, has "Presen� "Presentment" meansrthei right to zzequize zthe Note Holder to demand Payment of amounts due. •Notice of Dishonor' means the right t,, re 1% -e the Note Holder to give notice to other persons that amounts due have net been paid. 11. S16I /Oee � HM: This Note is a uniform instrument with limited variations in so, jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Dead of Trust or Security Deed (the 'Security Instrument•), dared the same date as this Note; protects the Note Holder from possible losses which might result if I. ;.e '�� not keep the promises which I /we make in this Note. That Security Instrument describes how and under what conditions I /we may be required to make immediate all amounts I /we owe under this Note. Some of those conditions are descaribedtasnffulaxs: Transfer of the Property or a Beneficial Interest in borrower. If all or any part property or any interest in it is sold or transferred (or if a beneficial interest. tie 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 ;;ill ez all sums secured by this Security Instrument. However, chic option shall net be exercised by Lender if exercise is prohibited b Security Instrument. c Y federal law as of the date of this If Lender exercises this c tElt C0 notice shall r steal �rower notice of acceleration. :he is delivered oromeiled pwiiol of less than th l' 0) days from the date the notice. Instrument. If Borrower ) a an orr wer musts y 1 sums secured by this Security period, Lender may invok o P 'or to Y es ermit ad the e.cpiret n w h,= further notice or demand n o by th�s Security instrument :aitho::t r Notwithstanding the abo e, t e proceeds hereunder shall en ° r s u t oil cc and a 1 Holder to collect and a s proc rdi t e PP Y the ins -Lice rights of the Seninz' Lien pp a 1n or nce the First Deed of Trust. 12. This note is torenred and need in to r Lars of the State of Florida. 1RTIQMt Tee eeeo(e) AND eeAL � E CI eorr6-er¢ TFtRCA Jose A. Lara !Seal) Borrower Maria yarn (seal) asaassessacassaesa_asaca aaacaccacva - -ca__ _ _sec== aaeeceeeec -- _____ TOe Collier ,County Housing 4 Urban Improvement Department 3050 North Horseshoe Drive, #145 Naples, FL 34104 File #: c2 -212 Phone: (941) 403 -2338 Fax: (941) 403 -2331 Packet Page -2433-