Court filing
Exhibit B — USA v. Tisone (Dkt. 79.2)
Summary
Exhibit B to Document 79-2 in Case 2:22-cr-00039-SPC-NPM, filed 02/07/23, is a mortgage dated June 2, 2021 from TEC Ventures LLC, a Virginia limited liability company, to SG Capital Partners LLC dba ClearEdge Lending, recorded with the Clerk of the Circuit Court and Comptroller of Collier County, Florida. It secures a promissory note of the same date under which the borrower owes the lender $1,999,500.00 plus interest, with Mortgage Electronic Registration Systems, Inc. (MERS) as mortgagee acting as nominee for the lender.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed February 7, 2023 in USA v. Tisone; one of 84 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2023-02-07 |
Cite this document
“Exhibit B — USA v. Tisone (Dkt. 79.2).”
U.S. District Court for the Middle District of Florida, No. 2:22-cr-00039-SPC-NPM, Doc. 79-2, filed 2023-02-07. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-daniel-joseph-tisone-flmd-401005/2023-02-07-gov-uscourts-flmd-401005-79-2-doc-79-2/
, SHA-256 9488a264216297436f67a2f08462cf739f8aafbee5167fc003784efabe6343b1.Full text
Case 2:22-cr-00039-SPC-NPM Document 79-2 Filed 02/07/23 Page 1 of 22 PageID
EXHIBIT B
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INSTR 6071933 OR 5959 PG 998 E-RECORDED 6/4/2028 :34 PM PAGES 21
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
poc@.35 $6,998.25 INT@.002 $3,999.00 REC $180.00 INDX $1.00
OBLD $1,999,500.00 oBLI $1,999,500.00
This Instrument Prepared By:
After Recording Retugn To:
ALISO VIEJO, ES 92656
Loan Number: 2021040192:
a
- - J
wd [Space Above This Line For Recording Data}
a
fy
_» MORTGAGE
o 7
MIN: 101276720210401929 aes MERS Phone: 888-679-6377
DEFINITIONS 17
Words used in multiple sections of this document are défined elow and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of ysed in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated a JUNE 2,
with all Riders to this document. Loot.
2021 , together
(B) “Borrower"is TEC VENTURES LLC, A VIRGINIA ‘LIMIT PED LIABILITY COMPANY
a
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS isa separate corporation that is acting
solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has anv address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. t
(D) "Lender"is| SG CAPITAL PARTNERS LLC DBA CLEAREDGE LENDING . ©
a“
a
Lender isa DELAWARE LIMITED LIABILITY COMPANY ar organized
and existing under the laws of DELAWARE :
Pa
Lender's address is 750 WASHINGTON BLVD., SUITE 1050, STAMFORD, CONNECTICUT 06901
(E) “Note''means the promissory note signed by Borrower and dated JUNE 2, 2021 :
The Note states that Borrower owes Lender ONE MILLION NINE HUNDRED NINETY-NINE THOUSAND
FIVE HUNDRED AND 00/100 Dollars (U.S. $ 1,999,500.00 ) plus interest.
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Borrower has peomiged to pay this debt in regular Periodic Payments and to pay the debt in full not later than
JULY 1, 20
(F) "Property" nea iia property that i is described below under the heading “Transfer of Rights in the Property.”
(G) "Loan" means the deb t evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due‘under this Security Instrument, plus interest.
(H) "Riders" means all Riders‘ta this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable):
(CO) Adjustable Rate Rider- ~ ,” [D) Planned Unit Development Rider
(CD) Balloon Rider / © Biweekly Payment Rider
(Xj 1-4 Family Rider -4) Second Home Rider
() Condominium Rider ‘ X} Ather(s) (specify] Prepayment Rider to Sec/Int.
t , . al
Pod fv
(1) “Applicable Law" means all controlling appligable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of Kw)is well as all applicable final, non-appealable judicial
opinions.
@) “Community Association Dues, Fees, and Assesstients” r means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condéininiarh sssociation, homeowners association or similar
organization.
(K) “Electronic Funds Transfer" means any transfer of funds, ophét than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution” to ‘debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) “Escrow Items" means those items that are described in Section 3.
(M) “Miscellaneous Proceeds" means any compensation, settlement, award ol of -dainages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described-in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/of condition of the Property.
(N) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) “Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument. /
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan”
even if the Loan does not qualify as a “federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
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TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and al] renewals, extensions and modifications
of the Note; and (ii) the performance of Borrower’ s covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's
successors and assigns) and to the successors and assigns of MERS, the following described property located in the
COUNTY of COLLIER
[Type of Recording Jurisdiction} [Name of Recording Jurisdiction]
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
A.P.N.: 12981560000
which currently has the address of . _* «$50 STARBOARD DR
. [Street]
NAPLES “4 Florida 34103 ("Property Address"):
[City] Pc [Zip Code}
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. AIT replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors
and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender including, but not vate to, releasing and canceling
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate bereby conveyed and has the right
to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonaumiforti covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
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under the Note ha this, Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may retin all subsequent payments due under the Note and this Security Instrument be made in
one or more of the folléwing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer’ s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured
by a federal agency, instrumeptality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed-réceived by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if thé payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or Partial Pay insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rightf to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the pime such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds
until Borrower makes payment to bring the Loah current. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future agai Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or p: if y the covenants and agreements secured by this Security
Instrument. a
2. Application of Payments or Proceeds. Except BS otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the folfowing order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Secfion3.“' Sych payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amoants.shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and tifen,to’ reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied tothe detin ent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or morg Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then
as described in the Note. ~-)
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments. .
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of afnounts‘due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or éncumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for-any-and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require
that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid
under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
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obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender
Funds for any of all Eserow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay dir y, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Let der and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period estender may require. Borrower’ s obligation to make such payments and to provide receipts
shall for all purposes be deemed to-be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement"-{5 used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower Shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to ghy or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3. d
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (6) not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due om the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance With Applicable Law.
The Funds shall be held in an institution Ghose. déposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institutigh whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Héms‘t later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest-6n thé Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or ‘Applicable, Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA. ?
If there is a surplus of Funds held in escrow, as defined under’ RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is a shortage of Funds ela in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shat notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the deficiency in accordaneé with RESPA, but in no more than
12 monthly payments. f i
Upon payment in full of all sums secured by this Security Instrument, Lender shall pfomptly refund to Borrower
any Funds held by Lender. of j
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
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 tien in a manner acceptable to Lender, but only
so tong as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender’ s opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder
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of the lien an a nent satisfactory to Lender subordinating the fien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,
Lender may give Borrower a. a.notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with-this Loan.
5. Property lusuratice. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding séntences can change during the term of the Loan. The insurance carrier providing
the insurance shall be chosen by Borrower‘sut bject to Lender’ sright to disapprove Borrower’ s choice, which right shall
not be exercised unreasonably. Lender may, y require Borrower to pay, in connection with this Loan, either: (a) a one-
time charge for flood zone determination, , certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or-tertification. Borrower shall also be responsible for the payment of
any fees imposed by the Federal Emergency Menagemeht Agency in connection with the review of any flood zone
determination resulting from an objection by Borr
If Borrower fails to maintain any of the coverage dr above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under obligation to purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, t but might or might not protect Borrower, Borrower's
equity in the Property, or the contents of the Property, againist ary fisk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknow edges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Bofrower could have obtained. Any amounts disbursed
by Lender under this Section 5 shall become additional debt of Borrower Secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment. /
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal gertificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal n tices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shalt include a standard mortgage clause and shall name Lender as mortgages afid/or, as an additional toss
payee.
In the event of loss, Borrower shall give prompt nctice to the insurance carrier aiid Len er. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree i in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall beapptied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender’ s security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
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required to pay rower f any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borfower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
If the restoration or fey epair is hot economically feasible or Lender's security would be lessened, the insurance proceeds
shall be applied to the dums sgcured by this Security Instrument, whether or not then due, with the excess, ifany, paid
to Borrower. Such insuranée proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the’ Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrowe? does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event,-or #f Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
of unearned premiums paid by Borrower) un dgr all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under th the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's
principal residence for at least one year after the‘date ofdccupancy, unless Lender otherwise agrees in writing, which
consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to detétiorate or, commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Pyoperty i in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it?s determined pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall promptly-répair, the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid! h in connection with damage to, or the taking
of, the Property, Borrower shall be responsible for repairing or restoring, the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs afl restoration ina single payment or in
a series of progress payments as the work is completed. If the insurance of ¥ condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair
or restoration.
Lender or its agent may make reasonable entries upon and inspections of: tho Property, If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shalf give Borrower notice at the time
of or prior to such an interior inspection specifying such reasonable cause. _7
8. Borrower's Loan Application. Borrower shall be in default if, during the Coan application process,
Borrower or any persons or entities acting at the direction of Borrower cr with Borrower’ s ledge or consent gave
materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
material information) in connection with the Loan. Material representations include, but"uré not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest ia the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
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Property, then L def may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the
Property and is dt this Security Instrument, including protecting and/or assessing the value of the Property,
and securing and/or fepairing the Property. Lender’ s actions can include, but are not limited to: (a) paying any sums
secured by a bien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys’ fees to protectits interest in the Property and/or rights under this Security Instrument, including its secured
position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks;‘replace or board up doors and windows, drain water from pipes, eliminate building or
other cede violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action
under this Section 9, Lender does not hdve to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not t ng any or all actions authorized under this Section 9.
Any amounts disbursed by Lefider under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shaff beas interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.
Borrower shall not, without the express written corisent of Lender, alter or amend the ground lease. If Borrower
acquires fee title to the Property, the leasehold dnd the fee title shall not merge unless Lender agrees to the merger
in writing. ;
10. Mortgage Insurance. If Lender required Mortgige Insurance as acendition of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage. Misurance in effect. If, for any reason, the Mortgage
Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
insurance and Borrower was required to make separately désignated. payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent tothe cost to Borrower of the Mortgage Insurance
previously in effect, from an alternate mortgage insurer selected by Lerider. If substantially equivalent Mortgage
Insurance coverage is not available, Borrower shall continue to pay té Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Morigage Insurance.~Such toss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shed net be required to pay Borrower any
interest or earnings on such loss reserve. Lender can no longer require loss réserve payments if Mortgage Insurance
coverage (in the amount and for the period that Lender requires) provided by-an insurer selected by Lender again
becomes available, is obtained, and Lender requires separately designated payrnents toward the premiums for
Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insufance, Borrower shall pay
the premiums required to maintain Mortgage Insurance in effect, or to provide a non-tefundable loss reserve, until
Lender’s requirement for Mortgage Insurance ends in accordance with any written agreement befween Borrower and
Lender providing for such termination or until termination is required by Applicable Law.. Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
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agreements may sequire the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any pf the foregoing, may receive (directly or indirectly) amounts that derive from (or might
be characterized as) a portion of Borrower's payments for Morigage Insurance, in exchange for sharing or modifying
the mortgage insurer's risk, orteducing losses. If such agreement provides that an affiliate of Lender takes a share
of the insurer's risk in exctiange for a share of the premiums paid to the insurer, the arrangement is often termed
“captive reinsurance." Further:
(a) Any such agreements will Got affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of tHe Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will nof affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other taw. These rights may include the right
to receive certain disclosures, to request_add obtain cancellation of the Mortgage Insurance, to have the
Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums
that were unearned at the time of such cancellatién or termination.
11. Assignment of Miscellaneous Procecds; Forfeiture. A!] Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender. 7
If the Property is damaged, such Miscellaneous Procéeds shall be applied to restoration or repair of the Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold’ sucti Miscellaneous Proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been ‘completed to Lender's satisfaction, provided that
such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
or in a series of progress payments as the work is completed. Unlgss‘an ent is made in writing or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such Miscellaneous Proceeds. If the restotatiorf or repair is not economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall
be applied in the order provided for in Section 2. aa
In the event of a total taking, destruction, or loss in value of the Property, t Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then-due, with the excess, if any, paid to
Borrower. foo 4
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is equal to Or greater than the amount
of the sums secured by this Security Instrument immediately before the partial taking; destruction, or loss in value,
untess Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced
by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total'ahiount of the sums
secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the
Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
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agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums ‘are thendue.
If the Property’s doned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next seritence)/ offers to make an award to settle a claim for damages, Borrower fails to respond to
Lender within 30 days he date the notice is given, Lender is authorized to collect and apply the Miscellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due. "Opposing’Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default ifany action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrunfent. Borrower can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 19, by causing te fon or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Proper of other material impairment of Lender's interest in the Property or
rights under this Security Instrument. The pr: roceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are‘hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to-restoration or repair of the Property shail be applied in the
order provided for in Section 2.
12, Borrower Not Released; Forbearance BY I 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 Borrower or any
Successor in Interest of Borrower shall not operate to Teleaso the. liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence irceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modi ization of the sums secured by this Security
Instrument by reason of any demand made by the original Snowe or any Successors in Interest of Borrower. Any
forbearance by Lender in exercising any right or remedy incfuding, without limitation, Lender's acceptance of
payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right of remtdy,
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees
that Borrower's obligations and liability shall be joint and several. However any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer'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.(2) a; Cards that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with régard oP the terms of this Security
Instrument or the Note without the co-signer’ s consent.
Subject to the provisions of Section 18, any Successor in Interest of porrbive sho, assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower’ s rights
and benefits under this Security Instrument. Borrower shall not be released from Borrower’ s obligations and liability
under this Security Instrument unless Lender agrees to such release in writing. The covenants and-agreements of this
Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower’ s
default, for the purpose of protecting Lender’s interest in the Property and rights under this Security Instrument,
including, but not limited to, attorneys’ fees, property inspection and valuation fees. In regard to any other fees, the
absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed
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as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is Subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or-not a prepayment charge is provided for under the Note). Borrower's acceptance of
any such refund made by direct paynient to Borrower will constitute a waiver of any right of action Borrower might
have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptlynotify Lender of Borrower's change of address. If Lender
specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address
through that specified procedure. There may be only one designated notice address under this Security Instrument
at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's
address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection
with this Security Instrument shall not be deemed to have’ been’given to Lender until actually received by Lender.
If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law
requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is focated. All rights and obligations contained in
this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might
explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be
construed as a prohibition against agreement by contract. 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.
As used in this Security Instrument: (a) words of the masculine gender shall'mean and include corresponding
neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in
the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
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If Lender roises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than n 3 days from the date the notice is given in accordance with Section 15 within which Borrower
must pay all sums sécured. by. this Security Instrument. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoge any remedies permitted by this Security Instrument without further notice or demand
on Borrower.
19. Borrower's Right toRelnstate After Acceleration. If Borrower meets certain conditions, Borrower shall
have the right to have enforcément of this Security Instrument discontinued at any time pricr to the earliest of: (a) five
days before sale of the Property. pursuant to any power of sale contained in this Security Instrument; (b) such other
period as Applicable Law might speci fy’ for the termination of Borrower’ s right to reinstate; or (c) 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 Instrumént and the Note as if no acceleration had occurred; (b) cures any default of any
other covenants or agreements; (c) pays/éll expenses incurred in enforcing this Security Instrument, including, but
not limited to, reasonable attorneys’ fees, :préperty inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender’ s interest in t ¢ Property and rights under this Security Instrument; and (d) takes such
action as Lender may reasonably require to assure that Lender’ s interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sunts secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such rei nett sums and expenses in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order; (c)fertified check, bank check, treasurer’ s check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations
secured hereby shall remain fully effective as if no acceleratiow’had occurred. However, this right to reinstate shall
not apply in the case of acceleration under Section 18. a ae D
20, Sale of Note; Change of Loan Servicer; Notice of Grjevance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or morefimes Without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collécts Periodic Payments due under the Note
and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes f the Loan Servicer unrelated to a sale
of the Note. If there is a change of the Loan Servicer, Borrower will be givén written notice of the change which will
state the name and address of the new Loan Servicer, the address to which oon it should be madeand any other
information RESPA requires in connection with a notice of transfer of servicin If the Note is sold and thereafter
the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arenot assumed
by the Note purchaser unless otherwise provided by the Note purchaser. wa
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (és either an individual
litigant or the member of a class) that arises from the other party's actions pursuant to this Seosbiy instrument or that
alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,
until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action
can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given
to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action
provisions of this Section 20.
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21. Hazard us Substances. As used in this Section 21: (a) "Hazardous Substances” are those substances
defined as toxic’or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, 6ther flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
(c) “Environmental Cleanup!ingludes any response action, remedial action, or removal action, as defined in
Environmental Law and (dj an “Environmental Condition” means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup.
Borrower shall not cause or pefmif the presence, use, disposal, storage, or release of any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
to do, anything affecting the Proferty (a) that is in violation of any Environmental Law, {b) which creates an
Environmental Condition, or (c) which/“due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of “the. Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
to be appropriate to normal residential uses and fo maintenance of the Property (including, but not limited to,
hazardous substances in consumer products). “
Borrower shall promptly give Lender writfen notice of (a) 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 knowle (b) any Environmental Condition, including but not
limited to, any spilling, leaking, discharge, release or Of- release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazirdous Substance which adversely affects the value of the
Property. If Borrower learns, or is notified by any governrhental Or-segulatory authority, or any private party, that
any removal or other remediation of any Hazardous Substance afftcting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Enyironmental Law. Nothing herein shall create any
obligation on Lender for an Environmental Cleanup. oo
NON-UNIFORM COVENANTS. Borrower and Lender further enant and agree as follows:
22, Acceleration; Remedies. Lender shall give natice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
Section 18 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 orbeforg the date specified in the
notice may result in acceleration of the sums secured by this Security Instrumeat, foreclosure by judicial
proceeding and sale of the Property. The notice shall farther inform Borrower of the right to reinstate after
acceleration and the right to assert in the forectosure 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. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, reasonable attorneys’ fees and costs of title evidence.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security
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OR 5959 PG 1011 502
Instrument, but o: ft the fee is paid to a third party for services rendered and the charging of the fee is permitted
under Applicable Law,*
24, Attorneys” Fees.°, As used in this Security Instrument and the Nole, attorneys fees shall include those
awarded by an appellate court and any attorneys’ fees incurred in a bankruptcy proceeding.
25. Jury Trial Waiver. The Borrower hereby waives any cight to a trial by jury in any action, proceeding.
claim, or counterclaim. whether ip contract or tort, at law or in equity, arising out of or in any way related to this
Security Instrument or the Note.
BY SIGNING BELOW, Bortawér accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
TEC VENTURES LLC, A VIRGINIA
LIMITED LIABILITY COMPANY /
nd
ao a
By: Lanab anata “og? “
a“.
DANIEL J TISONE, MEMBER -Borrow
222 HARBOUR DOR, NAPLES,
FLORIDA 34103
Witness
Samantha L. MacLeod
¢ j
co
ood.
“Oo
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OR 5959 PG 1012 503
i {Space Below This Line For Acknowledgment}
State of F LORIDA.. : )
a “
The foregoing instrument was acknowledged before me by means of:
Mi Physical Presence, a
- OR - f
C) Online Notarization,
this hd day of June | Para : 2031 , by
Moi " Wi Year
DANIEL J TISONE Vergunia
COTY? 1)
SAMANTHAL. MACLEOD
ve MY COMMISSION # GG 203696
“? EXPIRES: Apri 4, 2022 Samantha pct cod
Bonded Thru Notary Public Undorwrttera }
ne Z
Name of Notary Typed. Pridted, or Stamped
{Place Notary Seal Stump Above) f
al Personally Kaown
(J Produced Identification
Type of Identification Produced:
Loan Originator: MATT SOCCI, NMLSR_ ID 1791 . .
boan or iginaror Organization: PREMIER HORTGAGE CONSULTANTS OF SWFL,INC.,
FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS %DocMagic
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Page 15 of 15
en
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oR 5959 PG 1013 504
EXHIBIT “A”
Property Description
Lot 5, Block F, THE M0 RINGS, UNIT NO. 6, in accordance with and subject to the plat
thereof, recorded in Plat Book 8, pages 7 and 8, of the Public Records of Collier County, Florida.
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PROPERTY DESCRIPTION
File No.: 17227-03 Page t of |
Case 2:22-cr-00039-SPC-NPM Document 79-2 Filed 02/07/23 Page 18 of 22 PageID
OR 5959 PG 1014 505
Loan Number: 2921040192
1-4 FAMILY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIDER is made this = 2nd day of JUNE, 2021 .
and is incorporatéd into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deéd (the "Security Instrument”) of the same date given by the undersigned (the “Borrower") to
secure Borrower's Note to SG CAPITAL PARTNERS LUC DBA CLEAREDGE SENDING, A
SLAWARE LIM£TED IAB ILITY COMPANY
(the "Lendec") of the suite date and covering the Property described in the Security Instrument and located at:
oo
“S5C STARBOARD DR, NAPLES, FLORIDA 34163
[Property Address]
of
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security
Instrument. Borrower and Lender further covenant and agree as follows:
m4
A. ADDITIONAL ‘PROPERTY SUBJECT TO THE SECURITY
INSTRUMENT. In additiote the-Property described in Security Instrument, the following
items now or hereatier atlached to the e Property to the extent they are fixtures are added to the
Property description, and shall also constitute the Property covered by the Security Instrument:
building materials, appliances and goods of yvery nature whatsoever now or hereafter located
in, on, or used, or intended to be used in’ connection with the Properly, including. but not
limited to, those for the purposes of supplying.or distributing heating, cooling, electricity, gas,
water, air and light, fire prevention and extinguishing apparatus, security and access control
apparatus, plumbing, bath tubs. water hgaters. water closets. sinks, ranges. stoves.
refrigerators, dishwashers, disposals, washers, drvers, awnings, storm windows, storm doors.
sercens, blinds, shades, curtains and curtain rods, attaetied mirrors, cabinets, pancling and
attached Noor coverings, all of which, including replicements and additions thereto, shall be
deemed ta be and remain a part of the Property covered by the’Security Instrument. Ali of the
foregoing together with the Property described in the Security Instrument (or the leasehold
estate if the Security Insteument is ona leasehold) are referred to if this 1-4 Family Rider and
the Security Instrument as the “Property.” Se
6B. USE OF PROPERTY; COMPLIANCE WITH LAW: Borrower shall not seek,
agree to or make a change in the use af the Property or its zoning classification, ualess Lender
has agreed in writing to the change. Borrower shall comply with All lays. ordinances.
regulations and requirements of any governmental body applicable to the Property.
co
C. SUBORDINATE LIENS. Except as permitted by federal taw, Borrower shall not
allow any lien inferior 10 the Security Instrument to be perfected against the Property without
Lender's prior written permission. od
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss
in addition. to the other hazards for which insurance is required by Section 5.
MULTISTATE 1-4 FAMILY RIDER i
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT %OocMagic
Form 3170 1/01 Page 1 of 3
Case 2:22-cr-00039-SPC-NPM Document 79-2 Filed 02/07/23 Page 19 of 22 PageID
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E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Scction 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in
writing. Section 6 concerning Borrower's occupancy of the Property is deleted.
G’ ASSIGNMENT OF LEASES. Upon lender’ srequest after default. Borrower shall
assign to -LEnder all leases of the Property and all security deposits made in connection with
leases of the’Property. Upon the assignment, Lender shall have the right to modify. extend or
terminate the exisfing leases and to execute new leases, in Lender's sole discretion. As used in
this paragraptt’G, the word “lease” shall mean “sublease” if the Security Instrument is on a
leasehold. we
H. ASSIGNMENT QF RENTS; APPOINTMENT OF RECEIVER;LENDERIN
POSSESSION, Borrower absolutely and unconditionally assigns and transfers to Lender all
the rents and revenues ("Rents") of the Property. regardless of to whom the Rents of the
Property are payable. Borrowgr authorizes Lender or Lender's agents to collect the Rents. and
agrees that cach tenant of the Property shall pay the Rents to Lender or Lender's agents.
However, Borrower shatl receive the Rents until (i) Lender has given Borrower notice of
default pursuant to Section22 ofthe Sceurity Instrument and (ii) Lender has given notice to
the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of
Rents constitutes an absolute assignnyent and;not an assignment for additional security only.
If Lender gives notice of default to Borfower: (i) all Rents received by Borrower shall be
held by Borrower as trustee for the benéfit of ender only. 10 be applied to the sums secured
by the Securily Insteument: (ii) Lender shaltbe entitled to collect and receive all of the Rents
of the Property: (iii) Borrower agrees that each-ténant of the Property shall pay all Rents due
and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; {iv)
unless applicable law provides otherwise, all Rents coflecsetd by Lender or Lender’ s agents shail
be applied first to the costs of taking control of and {managing the Property and collecting the
Rents, including. bul not limited to, attorney's fees, receiver's fees, premiums on receiver's
bonds, repair and maintenance costs, insurance premiums, taxes assessments and other charges
on the Property, and then to the sums secured by the Security” eet (v) Lender, lender's
agents or any judicially appointed ceceiver shall be liable to_a¢count for only those Rents
actually received: and (vi) Lender shall be entitled to have a receiver appointed to take
possession of and manage the Property and collect the Rents and‘profits derived from the
Property without any showing as to the inadequacy of the Property as sdcurity.
If the Rents of the Property ure not sufficient to cover the cosi¥ of.taking control of and
managing the Property and of collecting the Rents any funds expended by Lender for such
purposes shall become indebtedness of Borrower to Lender secured by the S¢cupity.Instrument
pursuant to Section 9. ay
Borrower represents and warrants that Borrower has not executed any prior assighment of
the Rents and has not performed, and will not perform, any act that would prevent Lender from
exercising its rights under this paragcaph. ae
Lender, or Lender's agents or a judicially appointed receiver. shall not be required (o enter
upon, take control of or maintain the Property before or afier yiving notice of default to
Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so
al any time when a default occurs. Any application of Rents shall not cure or waive any default
MULTISTATE 1-4 FAMILY RIDER 2 ,
Fannie MaefFreddie Mac UNIFORM INSTRUMENT % DocMagic
Form 3170 1/04 Page 2 of 3
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on $958" 6c 1016 C-NPM Document 79-2 Filed 02/07/23 Page 20 of 22 PagelD
or invalidate any other right or remedy of Lender. This assignment of Rents of the Property
shall terminate when al! the sums secured by the Security Instrument are paid in full.
|. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note
or agreement in which Lender has an intercst shall be a breach under the Security Instrument
and Lender may invoke any of the remedies permitted by the Security Instrument.
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BY SIGNING BELOW, Borrower accepts and agrees 1o the terms and covenants contained in this 1-4
Family Rider. ©.
TEC VENTURES L&C, A
VIRGINIA LIMPTED TIABILITY
COMPANY
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DANIEL ¢ TISONE, ~Borréwer
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MULTISTATE 1-4 FAMILY RIDER 4
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ DocMagic
Form 3170 1/01 Page 3 of 3
Case 2:22-cr-00039-SPC-NPM Document 79-2 Filed 02/07/23 Page 21 of 22 PageID
PREPAYMENT RIDER
Loan Number; 2621040192
Date: JUNE 27 eal |
Borrower(s): TEC VENTURES LLC, A VIRGINIA LIMITED LIABILITY COMPANY
THIS PREPAYMENT-RIDER (the “Rider") is made this and day of JUNE
2021 , and is incorporated into and shall be deemed to amend and supplement
the Mortgage, Deed of Trust of Security Deed (the "Security Instrument") of the same date given by the
undersigned ("Borrower") to secure fe fépayment of Borrower's promissory note (the "Note") in favor of
SG CAPITAL PARTNERS LLC DBA DGE LENDING, A DELAWARE LIMITED
LIABILITY COMPANY
("Lender"). The Security Instrument cian the Property more specifically described in the Security
Instrument and located at F
550 STARBOARD ): ae NAPLES, FLORIDA 34103
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(Property Address]
ADDITIONAL COVENANTS. In additiop-to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agrperas i follows:
A. PREPAYMENT CHARGE va
The Note provides for the payment of a prepayment ours as follows:
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4. BORROWER'S RIGHT TO PREPAY? PAYMENT CHARGE
1 have the right to make payments of Principal at-any time before they are due.
A payment of Principal only is known as a "Prepayment." 1 make a Prepayment,
1 will tell the Note Holder in writing that 1 am doing so. 1 may(not designate a payment
as a Prepayment if ] have not made all the monthly payments due under the Note.
The Note Holder will use my Prepayments to reduce the amount of Principal that
I owe under the Note. However, the Note Holder may apply my Pr tad to the
accrued and unpaid interest on the Prepayment amount, before applying my-P yment
to reduce the Principal amount of the Note. If | make a partial Prepayment, e will be
no changes in the due dates of my monthly payment unless the Note Holder agtees in
writing to those changes. ont
If the Note contains provisions for a variable interest rate, my partial Prepayment
may reduce the amount of my monthly payments after the first Change Date following my
partial Prepayment. However, any reduction due to my partial Prepayment may be offset
by an interest rate increase. If this Note provides for a variable interest rate or finance
charge, and the interest rate or finance charge at any time exceeds the legal limit under
MULTISTATE PREPAYMENT RIOER
8103 Page 1 of 2 *BocMagic
Case 2:22-cr-00039-SPC-NPM Document 79-2 Filed 02/07/23 Page 22 of 22 PageID
*** on 5959 PG 1018 *** 509
which a Prepayment penalty is allowed, then the Note Holder's right to assess a
Prepayment penalty will be determined under applicable law.
If within THIRTY-SIX ( 36 ) months from the date the Security
Instrument is executed | make a full Prepayment or one or more partial Prepayments, and
the total of all such Prepayments in any !2-month period exceeds twenly percent (20%)
of thé ofiginal Principal amount of the loan, { will pay a Prepayment charge in an amount
equal to“S IX . ( 6 ) months’ advance interest on the amount by which
the total of my Prepayments within any 12-month period exceeds twenty percent (20%) of
the original Prjfcipal amount of the loan.
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BY SIGNING | BELOW, Borrower accepts and agrees to the terms and provisions contained in this
Rider. ;
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TEC VENTURES LLC, A VIRGINIA LIMITED LIABILITY COMPANY
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MULTISTATE PREPAYMENT RIDER ° B) ;
6/03 Page 2 of 2 ~ DocMagic
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