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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
AFFIDAVIT SERVICE BY PUBEICATION, FORECEOSURE $250
September 8,2022 09:18
By: MAUREEN ZINK DELANEY 0083507
Confirmation Nbr. 2646417
THIRD FEDERAL SAVINGS AND LOAN CV 22 965192
ASSOCIATION
vs.
Judge: HOLLIE L. GALLAGHER
LOUISE LUCZAK, ET AL
Pages Filed: 22
Electronically Filed 09/08/2022 09:18 / AFFIDAVIT / CV 22 965192 / Confirmation Nbr. 2646417 / CLDLJ
22-1200 M2S 9/07/22
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Third Federal Savings and Loan Association of Case No.: CV-22-965192
Cleveland
Judge: Hollie L. Gallagher
Plaintiff
Magistrate: Christopher Day
vs.
Affidavit for Service by Publication
Louise Luczak, et al.,
Defendants
)
STATE OF OHIO )
) SS.:
COUNTY OF CUYAHOGA )
Maureen Zink Delaney, being first duly sworn, deposes and says that she is the Plaintiffs attorney in the above
entitled action for MONEY JUDGMENT, FORECLOSURE AND RELIEF, that service of summons cannot be
made upon the defendants, John Doe, Real Name Unknown, the Unknown Spouse, if any, of Louise Luczak,
whose last known addresses are 15925 Van Aken Blvd, Shaker Heights, OH 44120, 1585 Maple Road, Cleveland,
OH 44121 and 300 Bonniewood Dr, Cleveland, OH 44110; Jim Scotti and Jane Doe, Real Name Unknown, the
Unknown Spouse, if any,of Jim Scotti, whose last known address is7861 Carter Road, Northfield, OH 44067
and 10101 Plymouth Ave, Garfield Heights, OH 44125; Brian Gardner Healea and Jane Doe, Real Name
Unknown, the Unknown Spouse, if any, of Brian Gardner Healea, whose last known address is 119 Fennel Frond
Dr, Richmond, TX 77469; and John Doe and/or Jane Doe, Real Names Unknown, The Unknown Heirs, Devisees,
Legatees, Administrators, Executors, and Assigns of Michael J Luczak, Deceased, whose last known address is
Unknown, that Plaintiffs Counsel contacted and reviewed a national electronic telephone directory, but no better
or other address could be obtained; that Plaintiffs Counsel hired a Skip-Tracing firm, but no better or other
address could be obtained; that the present residence of said defendants is unknown and cannot with reasonable
diligence be ascertained; and, that this case is one of those mentioned in Section 2703.14 of the Revised Code of
Ohio.
SWORN to before me and SUBSCRIBED in my presence this
\ ELI J. PITTMAN nuiaky puulic
’ I Notary Public, Stale of Ohio J
■^d a9/Q8/2fl22,09hl8pAFF|DAVIT /CV 22 965192 /Confirmation Nbr. 2646417 / CLDLJ
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed: COMPLAINT
June 23,2022 14:41
By: MAUREEN ZINK DELANEY 0083507
Confirmation Nbr. 2584127
THIRD FEDERAL SAVINGS AND LOAN CV 22 965192
ASSOCIATION
vs.
Judge: HOLLIE L. GALLAGHER
LOUISE LUCZAK, ET AL
Pages Filed: 20
Electronically Filed 08/28/2022 09:48 / AFUDAWSW 22 <965192 IbSOttfirimstim Nb/.(26S6P17 I CLDLJ
22-1200 SL 6/22/22
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Third Federal Savings and Case No.:
Loan Association of Cleveland
7007 Broadway Avenue Judge:
Cleveland, OH 44105
Magistrate:
Plaintiff
COMPLAINT FOR FORECLOSURE
vs. PPN: 541-23-022
Louise Luczak
15925 Van Aken Blvd
Shaker Heights, OH 44120
-and-
300 Bonniewood Dr
Cleveland, OH 44110
John Doe, Real Name Unknown, the
Unknown Spouse, if any, of Louise Luczak
15925 Van Aken Blvd
Shaker Heights, OH 44120
-and-
300 Bonniewood Dr
Cleveland, OH 44110
Brian Gardner Healea
1119 Fennel Frond Dr
Richmond, TX 77469
Jane Doe, Real Name Unknown, the
Unknown Spouse, if any, of Brian Gardner Healea
1119 Fennel Frond Dr
Richmond, TX 77469
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Paul Wiatroski, both individually
and as Executor of the Estate
of Michael J Luczak
387 Wakefield Run Blvd
Hinckley, OH 44233
-and-
6 Sunrise Cir
Clinton, NJ 08809
Jane Doe, Real Name Unknown, the
Unknown Spouse, if any, of Paul Wiatroski
387 Wakefield Run Blvd
Hinckley, OH 44233
-and-
6 Sunrise Cir
Clinton, NJ 08809
Joseph Wiatroski
4523 Broadale Ave
Cleveland, OH 44109
Jane Doe, Real Name Unknown, the
Unknown Spouse, if any, of Joseph Wiatroski
4523 Broadale Ave
Cleveland, OH 44109
Olga Sarbinowska
11107 Wade Park Ave
Apt 7
Cleveland, OH 44106
-and-
8820 Highway J
Perryville, MO 63775
Jane Doe, Real Name Unknown, the
Unknown Spouse, if any, of Olga Sarbinowska
11107 Wade Park Ave
Apt 7
Cleveland, OH 44106
-and-
8820 Highway J
Perryville, MO 63775
Jim Scotti
10101 Plymouth Ave
Garfield Heights, OH 44125
Electronically Filed 08/28/2022 29::18 / AFWDAW5W 22 965192 ibConfiwatMn Nb/.(26S6P17 I CLDLJ
Jane Doe, Real Name Unknown, the
Unknown Spouse, if any, of Jim Scotti
10101 Plymouth Ave
Garfield Heights, OH 44125
John Doe and/or Jane Doe, Real Names
Unknown, The Unknown Heirs, Devisees,
Legatees, Administrators, Executors, and
Assigns of Michael J Luczak, Deceased
Address(es) Unknown
Defendants
FIRST COUNT
1. Plaintiff isthe holder of a certain promissory note, a copy of which is attached hereto, marked
Exhibit "A", and made a part hereof; that by reason of default in the payment of the note and mortgage
securing same, it has declared said debt due; and, that there is due and unpaid thereon the sum of $56,980.09,
plus interest at the rate of 4.19% per annum from January 1, 2022, and late charges to which Plaintiffis
entitled.
SECOND COUNT
2. Plaintiff incorporates herein by reference allof the allegations contained in its firstcount, and
further says that it is the holder of a certain mortgage deed, securing the payment of said promissory note, a
copy of which mortgage deed is attached hereto, marked Exhibit "B", and made a part hereof; and, that said
mortgage is a valid and first lien upon the premises described in said mortgage deed.
3. Plaintiff says that the conditions of said mortgage deed have been broken, by reason of default in
payment and the same has become absolute; that the defendants named inthis complaint have or claim to
have an interest in the premises described in Exhibit "B"; and, that the identities of the parties are unknown
and could not be discovered by reasonable diligence.
4. Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it has and/or it
may, from time to time during the pendency of this action, advance sums to pay real estate taxes, hazard
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insurance premiums and property protection and maintenance, which sums so advanced are a good and valid
first lien upon the premises described in Exhibit "B". Plaintiff further says that ithas performed all of the
conditions precedent required to be performed by it.
5. Plaintiff says that defendant and obligor Michael J. Luczak passed away on or about January 27,
2022, as evidenced by the Probate Estate, Case Number 2022 EST 269990, included on the Preliminary Judicial
Report.
WHEREFORE, Plaintiff prays that there be found due and owing in the sum of $56,980.09, plus interest
at the rate of 4.19% per annum from January 1, 2022, and late charges to which Plaintiff is entitled; that the
defendants named herein be required to answer and set up any claim that they may have in said premises or
be forever barred; that the Plaintiff be found to have a firstlien on said premises for this amount so owing,
together with its advances made pursuant to the terms of the mortgage for real estate taxes, insurance
premiums and property protection and maintenance; that the equity of redemption of all defendants be
foreclosed; that upon failure to pay said amount within three (3) days thereafter, said premises be ordered
appraised, advertised and sold according to law; that from the proceeds of said sale, the Plaintiff be paid the
amount so found due it;and, that Plaintiffbe awarded such other and further relief as equity entitles it to
receive.
Zs/ Maureen Zink Delaney
Carlisle, McNellie, Rini, Kramer & Ulrich Co., LRA.
By: Maureen Zink Delaney (0083507)
James L. Sassano (0062253)
William L. Costello (0040631)
Attorneys for Plaintiff
24755 Chagrin Blvd., Suite 200
Cleveland, OH 44122-5690
(216) 360-7200 Phone
(216) 360-7210 Facsimile
cuyahogamail@carlisle-law.com
Electronically Filed 08/28/2022 29::18 / AFWDAW5W 22 <965192 ibCOflftrimSiBOn Nb/.(26S6P17 I CLDLJ
Note
07/26/2013 Garfield Heights OH
[Date] /W [State]
10101 Plymouth Ave, Garfield Heights, OH 44125
[Property Address]
1. Borrower's Promise to Pay
In return for a loan that I have received, I promise to pay U.S. $ 68,600.00 (this amount is called "Principal"),
plus interest,to the order of the Lender. The Lender is Third Federal Savings and Loan Association of
Cleveland
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder."
2. Interest
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate
of 4.190%.
The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of
this Note.
3. Payments
(A) Time and Place of Payments
1 will pay principal and interest by making a payment every month.
1 will make my monthly payment on the 1st day of each month beginning on September 1, 2013 .1 will make
these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe
under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.
If,on 08/01/2043 , I still owe amounts under this Note, 1 will pay those amounts in full on that date,which is
is called the "Maturity Date."
I will make my monthly payments at Thi rd Federal Savings and Loan Association, 7007 Broadway
Avenue Cleveland, OH 44105 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 335.07 .
4. Borrower's Right to Prepay
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." When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so. I may not designate a payment
as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
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EXHIBIT A
5. Loan Charges
If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated as
a partial Prepayment.
6. Borrower's Failure to Pay as Required
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due,
I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my
overdue payment of principal and interest.
I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default.
(C) Notice of Default
If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. Giving of Notices
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. Obligations of Persons Under this Note
If more than one person signs this Note, each person is ftilly and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under
this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of
the amounts owed under this Note.
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9. Waivers
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"
means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note
Holder to give notice to other persons that amounts due have not been paid. If property securing this note is located in Virginia, I waive
the benefit of the homestead exemption as to the property described in the Security Instrument (as defined below).
10. Uniform Secured Note
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
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.
If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
- Borrower Borrower
(Seal) (Seal)
- Borrower - Borrower
PAY TO ORDER OF
(Seal) (Seal)
- Borrower Borrower
(Seal) (Seal)
- Borrower Borrower
ASSISTANT SECRETARY
(Sign Original Only)
(
721038951
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20i307310«4
o.c.
After Recording Return To:
Third Federal Savings and Loan
7007 Broadway Avenue
Cleveland, OH 44105
[Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and in the Master Mortgage Form (as
hereinafter defined).
(A) “Security Instrumenf’means this document, which is dated July 26, 2013, together with all Riders to this
document and in the Master Mortgage Form.
(B) “Borrower” is Michael Luczak, Unmarried;
Borrower is the mortgagor under this Security Instrument.
(C) “Lender” is Third Federal Savings and Loan Association of Cleveland. Lender is a Federal Savings
Association organized and existing under the laws of the United States of America.
Lender’s address is 7007
Broadway Avenue, Cleveland, OH 44105.Lender is the mortgagee under this Security Instrument.
The Note states that Borrower
(D) “Note” means the promissory note signed by Borrower and dated July 26, 2013.
owes Lender sixty-eight thousand six hundred and 00/100 Dollars (U.S. $68,600.00) plus interest. Borrower has
promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 08/01/2043.
(E) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.”
(F) “Loan” means the debt 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.
(G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider _x
Planned Unit Development Rider Legal Description
1-4 Family Rider Biweekly Payment Rider Other(s) [specify]
_
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all 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 Lender the
following described property located in the
County of Cuyahoga
“HURT)
[Name of Recording Jurisdiction
[Type of Recording Jurisdiction] C_xAl I TAI 1
Parcel No.: 541-23-022 RDER NO.
which currently has the address of
10101 Plymouth Ave
[Street]
Garfield Heights , Ohio 44125 (“Property Address”):
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
All replacements and additions shall also be
appurtenances, and fixtures now or hereafter a part of the property.
covered by this Security' Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
EXHIBIT B
MASTER MORTGAGE FORM
April 1, 2004, pursuant to the
AU terms of that certain master mortgage form ("Master Mortgage Form") recorded
Ohio Revised Code Section 5302.15 in the office of the Cuyahoga County Recorder, Instrument No. 200404010885
, O.R. Book, page , by Third Federal Savings and Loan Association of Cleveland (sometimes on title line only.
Third Federal Savings and Loan Association of Cleveland), by Deborah A. Rachek, are by this reference
incorporated as fully and to the same extent as if set forth and contained herein.
COPY
A copy of the Master Mortgage Form has been furnished to the mortgagor prior to the execution of this Security
Instrument and mortgagor hereby acknowledges receipt of the same by signing at the end of this instrument.
Certain Other Advances. In addition to any other sum secured hereby, this Security Instrument shall also secure
the unpaid principal balance of, plus accrued interest on, any amount of money loaned, advanced or paid by Lender
to or for the account and benefit of Borrower, after this Security Instrument is delivered to and filed with the
Lender may make such advances in order to pay any
Recorder’s Office, Cuyahoga County, Ohio, for recording.
real estate taxes and assessments, insurance premiums plus all other costs and expenses incurred in connection with
the operation, protection or preservation of the Property, including to cure Borrower’s defaults by making any such
payments which Borrower should have paid as provided in this Security Instrument, it being intended by this
Section to acknowledge, affirm and comply with the provision of § 5301.233 of the Revised Code of Ohio.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument (including but not limited to the Master Mortgage Form) and in any Rider executed by Borrower and
recorded with it. If for any reason the Master Mortgage Form shall not be deemed a part of this Security Instrument,
this two (2) page instrument, plus any Rider(s) and attached legal description shall stand by itself as a mortgage
document, binding on the Borrower for the benefit of Third Federal Savings and Loan Association of Cleveland, its
successors and assigns.
Executed this
(Seal) (Seal)
Micha - Borrower - Borrower
___ __ _________ (Seal) __ ___________ (Seal)
- Borrower - Borrower
ACKNOWLEDGEMENT:
STATE OF
COUNTY OF ,
This instrument was acknowledged before me this
by Michael Luczak
NICOLE S. DICKSON
Notary Public. STATE OF WHO
My Commission Exptna
. SEPT. 28, 2013
ission expires: .
(Notary Public)
This Instrument was prepared by:
Third Federal Savings and Loan Association of Cleveland
Third Federal Savings and Loan
LEGAL DESCRIPTION OF PROPERTY
Borrower Name: Michael Luczak
Property Address: 10101 Plymouth Ave, Garfield Heights, OH
44125
Parcel ID: 541-23-022
Group ID:
Property Description:
Situated in the City of Garfield Heights, County of Cuyahoga and State of
Ohio: and known as being Sublot No, 18 in Parkland Heights Company's
Parkland Heights Allotment of part of Original Independence Township Lots
Nos. 2 and 3, Tret No. 1, East of the River, a shown by the recorded plat
in Volume 73, Page 8 of Cuyahoga County Records, as appears by said plat,
be the same more or less, but subject to all legal highways.
Page 1 of 1
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0
cuyuhoga county recorder
PATRICK J- OMMXEY
200404010885
[Space Above This Line For Recording Data]
MASTER MORTGAGE FORM RECORDED BY
THIRD FEDERAL SAVINGS AND LOAN ASSOCIATION
OF CLEVELAND BY
Deborah A. Rachek
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13,18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(B) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(C) “Electronic Funds Transfer” means any transfer of funds, other 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 authorizea financial debit or credit an account. Such term
institution to
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(D) “Escrow Items” means those items that are described in Section 3.
(E) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for:(i)damage to, or
condemnation or other taking of all or any part of the Property; (iii) conveyance in
destruction of, the Property; (ii)
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(F) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(G) “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.
(H) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation thatgoverns 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.
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CUYAHOGA COUNTY RECORDER
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(I) “Successor in Interest of Borrower” means any party that has taken title to tire Property, whether or not that
party has assumed Borrower’s obligations under the Note and/or this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
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 under the Note and 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,
Laider may require that any or all subsequent payments due under the Note and this Security Instrument be made in
one or more of the following 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, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received 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 the payment or partial payments are insufficient to bring the Loan current.
Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time 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 Loan 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 against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due undo" this Security Instrument, and then 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 to the delinquent 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 more Periodic Payments, such excess
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas AFFIDAVIT SERVICE BY PUBEICATION, FORECEOSURE $250 September 8,2022 09:18 By: MAUREEN ZINK DELANEY 0083507 Confirmation Nbr. 2646417 THIRD FEDERAL SAVINGS AND LOAN CV 22 965192 ASSOCIATION vs. Judge: HOLLIE L. GALLAGHER LOUISE LUCZAK, ET AL Pages Filed: 22 Electronically Filed 09/08/2022 09:18 / AFFIDAVIT / CV 22 965192 / Confirmation Nbr. 2646417 / CLDLJ 22-1200 M2S 9/07/22 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Third Federal Savings and Loan Association of Case No.: CV-22-965192 Cleveland Judge: Hollie L. Gallagher Plaintiff Magistrate: Christopher Day vs. Affidavit for Service by Publication Louise Luczak, et al., Defendants ) STATE OF OHIO ) ) SS.: COUNTY OF CUYAHOGA ) Maureen Zink Delaney, being first duly sworn, deposes and says that she is the Plaintiffs attorney in the above entitled action for MONEY JUDGMENT, FORECLOSURE AND RELIEF, that service of summons cannot be made upon the defendants, John Doe, Real Name Unknown, the Unknown Spouse, if any, of Louise Luczak, whose last known addresses are 15925 Van Aken Blvd, Shaker Heights, OH 44120, 1585 Maple Road, Cleveland, OH 44121 and 300 Bonniewood Dr, Cleveland, OH 44110; Jim Scotti and Jane Doe, Real Name Unknown, the Unknown Spouse, if any,of Jim Scotti, whose last known address is7861 Carter Road, Northfield, OH 44067 and 10101 Plymouth Ave, Garfield Heights, OH 44125; Brian Gardner Healea and Jane Doe, Real Name Unknown, the Unknown Spouse, if any, of Brian Gardner Healea, whose last known address is 119 Fennel Frond Dr, Richmond, TX 77469; and John Doe and/or Jane Doe, Real Names Unknown, The Unknown Heirs, Devisees, Legatees, Administrators, Executors, and Assigns of Michael J Luczak, Deceased, whose last known address is Unknown, that Plaintiffs Counsel contacted and reviewed a national electronic telephone directory, but no better or other address could be obtained; that Plaintiffs Counsel hired a Skip-Tracing firm, but no better or other address could be obtained; that the present residence of said defendants is unknown and cannot with reasonable diligence be ascertained; and, that this case is one of those mentioned in Section 2703.14 of the Revised Code of Ohio. SWORN to before me and SUBSCRIBED in my presence this \ ELI J. PITTMAN nuiaky puulic ’ I Notary Public, Stale of Ohio J ■^d a9/Q8/2fl22,09hl8pAFF|DAVIT /CV 22 965192 /Confirmation Nbr. 2646417 / CLDLJ NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: COMPLAINT June 23,2022 14:41 By: MAUREEN ZINK DELANEY 0083507 Confirmation Nbr. 2584127 THIRD FEDERAL SAVINGS AND LOAN CV 22 965192 ASSOCIATION vs. Judge: HOLLIE L. GALLAGHER LOUISE LUCZAK, ET AL Pages Filed: 20 Electronically Filed 08/28/2022 09:48 / AFUDAWSW 22 <965192 IbSOttfirimstim Nb/.(26S6P17 I CLDLJ 22-1200 SL 6/22/22 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Third Federal Savings and Case No.: Loan Association of Cleveland 7007 Broadway Avenue Judge: Cleveland, OH 44105 Magistrate: Plaintiff COMPLAINT FOR FORECLOSURE vs. PPN: 541-23-022 Louise Luczak 15925 Van Aken Blvd Shaker Heights, OH 44120 -and- 300 Bonniewood Dr Cleveland, OH 44110 John Doe, Real Name Unknown, the Unknown Spouse, if any, of Louise Luczak 15925 Van Aken Blvd Shaker Heights, OH 44120 -and- 300 Bonniewood Dr Cleveland, OH 44110 Brian Gardner Healea 1119 Fennel Frond Dr Richmond, TX 77469 Jane Doe, Real Name Unknown, the Unknown Spouse, if any, of Brian Gardner Healea 1119 Fennel Frond Dr Richmond, TX 77469 Electronically Filed 08/28/2022 29::18 / AFWDAW5W 22 965192 ibConfiwatMn Nb/.(26S6P17 I CLDLJ Paul Wiatroski, both individually and as Executor of the Estate of Michael J Luczak 387 Wakefield Run Blvd Hinckley, OH 44233 -and- 6 Sunrise Cir Clinton, NJ 08809 Jane Doe, Real Name Unknown, the Unknown Spouse, if any, of Paul Wiatroski 387 Wakefield Run Blvd Hinckley, OH 44233 -and- 6 Sunrise Cir Clinton, NJ 08809 Joseph Wiatroski 4523 Broadale Ave Cleveland, OH 44109 Jane Doe, Real Name Unknown, the Unknown Spouse, if any, of Joseph Wiatroski 4523 Broadale Ave Cleveland, OH 44109 Olga Sarbinowska 11107 Wade Park Ave Apt 7 Cleveland, OH 44106 -and- 8820 Highway J Perryville, MO 63775 Jane Doe, Real Name Unknown, the Unknown Spouse, if any, of Olga Sarbinowska 11107 Wade Park Ave Apt 7 Cleveland, OH 44106 -and- 8820 Highway J Perryville, MO 63775 Jim Scotti 10101 Plymouth Ave Garfield Heights, OH 44125 Electronically Filed 08/28/2022 29::18 / AFWDAW5W 22 965192 ibConfiwatMn Nb/.(26S6P17 I CLDLJ Jane Doe, Real Name Unknown, the Unknown Spouse, if any, of Jim Scotti 10101 Plymouth Ave Garfield Heights, OH 44125 John Doe and/or Jane Doe, Real Names Unknown, The Unknown Heirs, Devisees, Legatees, Administrators, Executors, and Assigns of Michael J Luczak, Deceased Address(es) Unknown Defendants FIRST COUNT 1. Plaintiff isthe holder of a certain promissory note, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof; that by reason of default in the payment of the note and mortgage securing same, it has declared said debt due; and, that there is due and unpaid thereon the sum of $56,980.09, plus interest at the rate of 4.19% per annum from January 1, 2022, and late charges to which Plaintiffis entitled. SECOND COUNT 2. Plaintiff incorporates herein by reference allof the allegations contained in its firstcount, and further says that it is the holder of a certain mortgage deed, securing the payment of said promissory note, a copy of which mortgage deed is attached hereto, marked Exhibit "B", and made a part hereof; and, that said mortgage is a valid and first lien upon the premises described in said mortgage deed. 3. Plaintiff says that the conditions of said mortgage deed have been broken, by reason of default in payment and the same has become absolute; that the defendants named inthis complaint have or claim to have an interest in the premises described in Exhibit "B"; and, that the identities of the parties are unknown and could not be discovered by reasonable diligence. 4. Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it has and/or it may, from time to time during the pendency of this action, advance sums to pay real estate taxes, hazard Electronically Filed 08/28/2022 29::18 / AFWDAW5W 22 <965192 ibCOflftrimSiBOn Nb/.(26S6P17 I CLDLJ insurance premiums and property protection and maintenance, which sums so advanced are a good and valid first lien upon the premises described in Exhibit "B". Plaintiff further says that ithas performed all of the conditions precedent required to be performed by it. 5. Plaintiff says that defendant and obligor Michael J. Luczak passed away on or about January 27, 2022, as evidenced by the Probate Estate, Case Number 2022 EST 269990, included on the Preliminary Judicial Report. WHEREFORE, Plaintiff prays that there be found due and owing in the sum of $56,980.09, plus interest at the rate of 4.19% per annum from January 1, 2022, and late charges to which Plaintiff is entitled; that the defendants named herein be required to answer and set up any claim that they may have in said premises or be forever barred; that the Plaintiff be found to have a firstlien on said premises for this amount so owing, together with its advances made pursuant to the terms of the mortgage for real estate taxes, insurance premiums and property protection and maintenance; that the equity of redemption of all defendants be foreclosed; that upon failure to pay said amount within three (3) days thereafter, said premises be ordered appraised, advertised and sold according to law; that from the proceeds of said sale, the Plaintiff be paid the amount so found due it;and, that Plaintiffbe awarded such other and further relief as equity entitles it to receive. Zs/ Maureen Zink Delaney Carlisle, McNellie, Rini, Kramer & Ulrich Co., LRA. By: Maureen Zink Delaney (0083507) James L. Sassano (0062253) William L. Costello (0040631) Attorneys for Plaintiff 24755 Chagrin Blvd., Suite 200 Cleveland, OH 44122-5690 (216) 360-7200 Phone (216) 360-7210 Facsimile cuyahogamail@carlisle-law.com Electronically Filed 08/28/2022 29::18 / AFWDAW5W 22 <965192 ibCOflftrimSiBOn Nb/.(26S6P17 I CLDLJ Note 07/26/2013 Garfield Heights OH [Date] /W [State] 10101 Plymouth Ave, Garfield Heights, OH 44125 [Property Address] 1. Borrower's Promise to Pay In return for a loan that I have received, I promise to pay U.S. $ 68,600.00 (this amount is called "Principal"), plus interest,to the order of the Lender. The Lender is Third Federal Savings and Loan Association of Cleveland I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. Interest Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 4.190%. The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of this Note. 3. Payments (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. 1 will make my monthly payment on the 1st day of each month beginning on September 1, 2013 .1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on 08/01/2043 , I still owe amounts under this Note, 1 will pay those amounts in full on that date,which is is called the "Maturity Date." I will make my monthly payments at Thi rd Federal Savings and Loan Association, 7007 Broadway Avenue Cleveland, OH 44105 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 335.07 . 4. Borrower's Right to Prepay 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." When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 07/26/13 MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP W VMP5N (1112) Wolters Kluwer financial Services Page 1 of 3 Electronically Filed 08/28/2022 / AFWDAW5W 22<965192 EXHIBIT A 5. Loan Charges If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. Borrower's Failure to Pay as Required (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. Giving of Notices Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. Obligations of Persons Under this Note If more than one person signs this Note, each person is ftilly and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 07/26/13 MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP » VMP5N(1112) Wolters Kluwer Financial Services Page 2 of 3 Eleetrenieally Filed 09/08/2022 0913 / AFFDAVlTsW 22 S65182i< 9. Waivers 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. If property securing this note is located in Virginia, I waive the benefit of the homestead exemption as to the property described in the Security Instrument (as defined below). 10. Uniform Secured Note This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 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. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) - Borrower Borrower (Seal) (Seal) - Borrower - Borrower PAY TO ORDER OF (Seal) (Seal) - Borrower Borrower (Seal) (Seal) - Borrower Borrower ASSISTANT SECRETARY (Sign Original Only) ( 721038951 07/26/13 MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT i 3200 1/01 VMP ® IP5N (1112) Wolters Kluwer Financial Services Page 3 of 3 Electronically Filed 09/08/2022 09:18 // AFFDAW9W 22 8651 20i307310«4 o.c. After Recording Return To: Third Federal Savings and Loan 7007 Broadway Avenue Cleveland, OH 44105 [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and in the Master Mortgage Form (as hereinafter defined). (A) “Security Instrumenf’means this document, which is dated July 26, 2013, together with all Riders to this document and in the Master Mortgage Form. (B) “Borrower” is Michael Luczak, Unmarried; Borrower is the mortgagor under this Security Instrument. (C) “Lender” is Third Federal Savings and Loan Association of Cleveland. Lender is a Federal Savings Association organized and existing under the laws of the United States of America. Lender’s address is 7007 Broadway Avenue, Cleveland, OH 44105.Lender is the mortgagee under this Security Instrument. The Note states that Borrower (D) “Note” means the promissory note signed by Borrower and dated July 26, 2013. owes Lender sixty-eight thousand six hundred and 00/100 Dollars (U.S. $68,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 08/01/2043. (E) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” (F) “Loan” means the debt 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. (G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider _x Planned Unit Development Rider Legal Description 1-4 Family Rider Biweekly Payment Rider Other(s) [specify] _ TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all 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 Lender the following described property located in the County of Cuyahoga “HURT) [Name of Recording Jurisdiction [Type of Recording Jurisdiction] C_xAl I TAI 1 Parcel No.: 541-23-022 RDER NO. which currently has the address of 10101 Plymouth Ave [Street] Garfield Heights , Ohio 44125 (“Property Address”): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, All replacements and additions shall also be appurtenances, and fixtures now or hereafter a part of the property. covered by this Security' Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." EXHIBIT B MASTER MORTGAGE FORM April 1, 2004, pursuant to the AU terms of that certain master mortgage form ("Master Mortgage Form") recorded Ohio Revised Code Section 5302.15 in the office of the Cuyahoga County Recorder, Instrument No. 200404010885 , O.R. Book, page , by Third Federal Savings and Loan Association of Cleveland (sometimes on title line only. Third Federal Savings and Loan Association of Cleveland), by Deborah A. Rachek, are by this reference incorporated as fully and to the same extent as if set forth and contained herein. COPY A copy of the Master Mortgage Form has been furnished to the mortgagor prior to the execution of this Security Instrument and mortgagor hereby acknowledges receipt of the same by signing at the end of this instrument. Certain Other Advances. In addition to any other sum secured hereby, this Security Instrument shall also secure the unpaid principal balance of, plus accrued interest on, any amount of money loaned, advanced or paid by Lender to or for the account and benefit of Borrower, after this Security Instrument is delivered to and filed with the Lender may make such advances in order to pay any Recorder’s Office, Cuyahoga County, Ohio, for recording. real estate taxes and assessments, insurance premiums plus all other costs and expenses incurred in connection with the operation, protection or preservation of the Property, including to cure Borrower’s defaults by making any such payments which Borrower should have paid as provided in this Security Instrument, it being intended by this Section to acknowledge, affirm and comply with the provision of § 5301.233 of the Revised Code of Ohio. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument (including but not limited to the Master Mortgage Form) and in any Rider executed by Borrower and recorded with it. If for any reason the Master Mortgage Form shall not be deemed a part of this Security Instrument, this two (2) page instrument, plus any Rider(s) and attached legal description shall stand by itself as a mortgage document, binding on the Borrower for the benefit of Third Federal Savings and Loan Association of Cleveland, its successors and assigns. Executed this (Seal) (Seal) Micha - Borrower - Borrower ___ __ _________ (Seal) __ ___________ (Seal) - Borrower - Borrower ACKNOWLEDGEMENT: STATE OF COUNTY OF , This instrument was acknowledged before me this by Michael Luczak NICOLE S. DICKSON Notary Public. STATE OF WHO My Commission Exptna . SEPT. 28, 2013 ission expires: . (Notary Public) This Instrument was prepared by: Third Federal Savings and Loan Association of Cleveland Third Federal Savings and Loan LEGAL DESCRIPTION OF PROPERTY Borrower Name: Michael Luczak Property Address: 10101 Plymouth Ave, Garfield Heights, OH 44125 Parcel ID: 541-23-022 Group ID: Property Description: Situated in the City of Garfield Heights, County of Cuyahoga and State of Ohio: and known as being Sublot No, 18 in Parkland Heights Company's Parkland Heights Allotment of part of Original Independence Township Lots Nos. 2 and 3, Tret No. 1, East of the River, a shown by the recorded plat in Volume 73, Page 8 of Cuyahoga County Records, as appears by said plat, be the same more or less, but subject to all legal highways. Page 1 of 1 Electronically Filed 09082022 09:18 // AFFDAWiCV 22 965192 ZoCwMiPn / 0 cuyuhoga county recorder PATRICK J- OMMXEY 200404010885 [Space Above This Line For Recording Data] MASTER MORTGAGE FORM RECORDED BY THIRD FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLEVELAND BY Deborah A. Rachek DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (B) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (C) “Electronic Funds Transfer” means any transfer of funds, other 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 authorizea financial debit or credit an account. Such term institution to includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (D) “Escrow Items” means those items that are described in Section 3. (E) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for:(i)damage to, or condemnation or other taking of all or any part of the Property; (iii) conveyance in destruction of, the Property; (ii) lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (F) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (G) “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. (H) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation thatgoverns 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. T6555 - OH - 1- CUYAHOGA COUNTY RECORDER Electronically Filed 0908/2022 09:18 // 22N8-(W^CLLgLj pAGE 1 d 10 (I) “Successor in Interest of Borrower” means any party that has taken title to tire Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform 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 under the Note and 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, Laider may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following 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, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received 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 the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time 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 Loan 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 against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due undo" this Security Instrument, and then 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 to the delinquent 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 more Periodic Payments, such excess