Complaint,Petition: US BANK TRUST COMPANY NATIONAL vs BENNETT, SHIRLEY M et al

On June 09, 2023 a Complaint,Petition was filed involving a dispute between Us Bank Trust Company National, and Bennett, Shirley M, Unknown Spouse Of Shirley M Be, for Circuit Civil 3-C in the District Court of Columbia County.

Preview
Filing # 174986234 E-Filed 06/09/2023 11:40:48 AM
UN DOB UIRCULE CUURE Ur aye ain
JUDICIAL CIRCUIT IN,AND FOR COLUMBIA
COUNTY, FLORIDA i
GENERAL JURISDICTION D! yISION
CASE NO. 23. YST-CA

U.S. BANK TRUST COMPANY.
NATIONAL ASSOCIATION NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY
AS TRUSTEE FOR THE CIM TRUST
2023-NR1 MORTGAGE-BACKED
NOTES, SERIES 2023-NR1
Plaintiff,

vs.

SHIRLEY M. BENNETT A/K/A SHIRLEY
MAE BENNETT; UNKNOWN SPOUSE
OF SHIRLEY M. BENNETT A/K/A
SHIRLEY MAE BENNETT,
Defendant(s)
/

VERIFIED MORTGAGE FORECLOSURE COMPLAINT

Plaintiff, U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION NOT IN ITS
2023-NR1
INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE CIM TRUST

MORTGAGE-BACKED NOTES, SERIES 2023-NR1, sues Defendants and alleges:

COUN’
}
i
MORTGAGE FORECLOSURE
bounty, Florida.
This is an action to foreclose a mortgage on real property in COLUMBIA

SHIRLEY M. BENNETT A/K/A SHIRLEY MAE; BENNETT (the
Defendant(s),
dated May
“Borrower(s)"), executed a Home Equity Line of Credit Agreement ("HELOC”)

2, 2003. A copy of the HELOC is attached hereto as Exhibit "A" Defendants, SHIRLEY M.

BENNETT A/K/A SHIRLEY MAE BENNETT, executed a Mortgage dated May 2, 2003.
i
PAGE 1
22-057357
securing the payment of the HELOC. A copy of the Mortgage is attached hereto as Exhibit
"BY, The Mortgage was recorded on May 8, 2003, in Official Records Book 0982, Page
1932, of the Public Records of Columbia County, Florida, (All subsequent recording

references are to the public records of Columbia County, Florida) and mortgaged the real and

personal property ("Property") described therein, then owned by and in! possession of the

Mortgagor(s), a copy of the HELOC and Mortgage are attached hereto. Said loan was
modified and a copy of the loan modification agreement is attached hereto and incorporated
herein as Exhibit “C”.

Plaintiff is entitled to enforce the HELOC, as Plaintiff is the assignee of the security

instrument for the subject loan. Plaintiff has standing to enforce its rights and obligations

under the HELOC, including the right to foreclose the subject HELOC and Mortgage.
1
The property is now owned of record by Defendant(s), SHIRLEY M. BENNETT A/K/A

SHIRLEY MAF BENNETT.

Defendant(s) has defaulted under the HELOC and Mortgage by failing to pay the payment

due May 26, 2020 and all subsequent payments.

Plaintiff declares the full amount payable under the HELOC and Mortgage to be due.

7. Borrower(s) owe Plaintiff $34,585.48 that is due on principal on the HELOC and Mortgage,

interest from April 26, 2020, late charges, costs of collection and reasonable attorney’s fees,

and such other expenses as may be permitted by the mortgage and Loan Mbdification.

All conditions precedent to the acceleration of the HELOC and foreclosute of the Mortgage

have been performed, have occurred or have been waived.

PAGE 2
22-057357
Plaintiff has retained Robertson, Anschutz, Schneid, Crane & Partners, PILLC to initiate and

maintain this action and is obligated to pay it a reasonable fee for its services in bringing this

action, as well as all costs of collection, all of which Plaintiff is entitled to recover from
Defendant(s) pursuant to the HELOC and Mortgage.

10. The interests of each Defendant are subject, subordinate, and inferior to the right, title,

interest, and lien of Plaintiffs Mortgage, unless as otherwise provided for by law.

il Defendant, UNKNOWN SPOUSE OF SHIRLEY M. BENNETT A/K/A SHIRLEY MAE

BENNETT, may claim some right, title, or interest in the property herein sought to be

foreclosed by virtue of homestead rights, possession or some other unknown interest, the

exact nature of which is unknown to Plaintiff and not a matter of public record. However,

said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiffs mortgage.

WHEREFORE, Plaintiff demands judgment foreclosing the mortgage and Loan
Modification, for costs (and, when applicable, attorneys’ fees), and, if the proceeds of the sale

are insufficient to pay Plaintiffs judgment, Plaintiff asks the Court to reserve jurisdiction to

determine whether a deficiency is appropriate, in the event it is sought. Subject to any applicable
statute of limitations, Plaintiff further requests that the Court ascertain the amount due to

Plaintiff for principal and interest on the Mortgage and HELOC, andj for late charges,

abstracting, taxes, expenses and costs, including attorneys’ fees, plus interest thereon. If the sums

due Plaintiff under the Mortgage and HELOC are not paid immediately, Plaintiff requests that
the Court foreclose the Mortgage and the Clerk of the Court scll the Property securing the
indebtedness to satisfy the Plaintiff's mortgage lien in accordance with the provisions of Florida

Statutes §45.031 (2006); and that the rights, title and interest of any Defendant, or any party

PAGE 3
22-057357
claiming by, through, under or against any Defendant named herein or hereinafter made a

Defendant be forever barred and foreclosed. Plaintiff further requests, where applicable, that the

Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in

the alternative, order sequestration of rents, issues, income and profits pprsuant to Florida

Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all

further orders and judgments as may be necessary and proper, including the issuance of a writ of

possession and the entry ofa deficiency judgment decree,

(THIS SPACE IS TTENTIONALLY LEFT BLANK) |

PAGE 4
22-057357
when and if such deficiency decree shall appear proper, provided Borrower(s) has/have not been
discharged in bankruptcy. Finally, Plaintiff asks the Court to retain jurisdiction toresolve disputes
that might arise with respect to assessments due or allegedly due to any Homeowners or

Condominium Association, if applicable. i

FLA. R. Cl . 1.115(e) VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge ict.

By:
Yiver é sla
Print Name:
Fo re Associate 1
Title:
Company: Nationstar Mortgage I,LC as attorney in
fact for U.S. BANK TRUST COMPANY,
NATIONAL ASSOCIATION NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE FOR THE CIM TRUST 2023-NRI
MORTGAGE-BACKED NOTES, SERIES 2023-
NRI

Date: _Q26-
_ O5- ZO2Z%5
Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the
above requested relicf and such other relief deemed appropriate and just.
June 9, 2023
Dated

Robertson, Anschutz, Schneid, Crane & Partners, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: FLmail@raslg.com
/s/ Can Guner
Can Guner, Esq.,
FL Bar No. 20931
Email: cguner@raslg.com
PAGE 5
22-057357
AMERICAN
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT
|TYPE GENERAL
FIN. NCIAL SERVICES
OF LOAN (Alpha) X00
DATE 05/02/03 [CREDIT Limit $52000.00 I
LENDER/SEC URED PARTY NAME AND ADDRESS ("Lender") [LENDER'S TELEPHONE NUMBER: 386-755-0021
‘AMERICAN GENERAL HOME EQUITY, INC.
1468 SW MAIN BLYD.
ITY, FL 32025-6998

BORROWER(S) NAME AND ADDRESS ("T","We")
SHIRLEY M BENNETT
RT 4 BOX 3:
FT WHITE, Fi 132038
PROPERTY THAT SECURES THIS LINE OF CREDIT.
[i] Conventional Home and Real Estate |[_] Manufactured Home and Real Estate [[_] Other Real Estate
PROPERTY ADDRESS: PROPERTY ADDRESS PROPERTY ADDRESS.
IRT 4 BOX 33:
FT WHITE, FL 32038

4. Meaning of Some Words. In this Agreement, the words "Borrower," "I," "me," “my,” “we,” and “our” mean ail persons
signing this Agreement as a “Borrower” or "Co-Borrower." Tne words “Lender,” *you,” and “your” mean its
AMERICAN GENERAL HOME EQUITY INC T
‘successors, and assigns.
2. Home Equity Line of Credit Agreement. Lender has opened a Line of Credit for me (my “Accbi unt"). This American
General Home Equity Line of Credit Agreement (‘Agreement") states the terms and conditions of my Actount. | have read this
Agreement carefully and will keep a copy for my records.
3. Credit Limit. The maximum amount of credit available to me under this Agreementandis my called my Credit Limit. My Credit
Limit is stated above. The total amount | owe Lender at any time under this Agreement Security Instrument (defined in
Section 5 below) is called my Total Balance. The total amount av: ble for me to borrow from my Accoynt at any time is called
my Available Credit. My Available Credit equals my Credit Limit, Jess my outstanding Principal Balance, My Principal Balance
is the amount | owe Lender for each Draw (defined in Section 7 below) on my Account, as well as any fe¢s and charges that are
added to my Principal Balance and any credit insurance premiums.
4. Promise to Pay. | promise to pay to the order of Lender my Total Balance. If more thankeepiall one Borrower signs this
Agreement, all of us are bound by this Agreement, and each of us, together and individually,useswillmy Actount,of the promises we
make in this Agreement, including our Promise to Pay. If someone other than a Borrower | promise to pay
amounts owed to Lender because of Draws by that person, even if that person did not have my permigsion and even if | told
Lender that the person was using my Account, to the extent permitted by applicable law.
5. Security Interest. At the time | sign this Agreement, | also will give Lender a mortgage, deed of tru: , and/or (the other security
"Security
instrument (the "Security Instrument’). The Security Instrument gives Lender a security interest in will the property
Interest”) described at the beginning of this Agreement (the "Property"). Lenders Security Interest be limited to my Credit
Limit plus any unpaid finance charges. The Property will be used as the principal residence of at least one Borrower, unless
Lender otherwise agrees. | agree not to allow any other lien to be filed against the Property that will be superior to or adversely
affect Lender's Security Interest.
The Security Instrument will not secure other debts | owe Lender, unless it specifically states that it secures those debts. This
Agreement and my Account will not be secured by a mortgage, deed of trust, or other security instrument on anyone's principal
residence, unless the mortgage, deed of trust, or other security agreement specifically states that it secures this Agreement.
6. Using My Account. :
entitled to cancel all or a part of this
Right to Cancel. If the Property is the principal residence of any Borrower, | may beIf Lender
Agreement under the Truth in Lending Act and Regulation Z or other applicable law. gives me a Right to Cancel, |
may not use my Account until the Right to Cancel expires. 1 may also be entitled to rescind a Segurity Interest added or
increased in the event that the Credit Limit on my Account is increased.
The Term of This Agreement. The term of this Agreement is ided into two periods: the __5_ yeat "Draw Period” and the
“Repayment Period.” The Repayment Period will vary depending on the payment option | choose. i|
Draw Period. An advance of funds from my Account is called a Draw. This Agreement and the! Draw Period begin on
‘he Draw Period will continue for _§ years and will end on 05/01/08 (the "Last Draw/Date").
Repayment Period. After the Draw Period ends, the Repayment Period begins (Repayment! Period”). During the
Repayment Period, ! may not take any Draws, and I'must repay the Total Balance in accordance with the payment option |
choose.
Credit Limit. | may make Draws on my Account up to my Credit Limit; however, | may not take 4 Draw greater than my
Available Credit. If! do request a Draw greater than my Available Credit in violation of this Agreement, Lender may but is
not obligated to honor that Draw request, and Lender is not obligated to honor future Draw requests|in excess of my Credit
Limit.
7 Draws. There are two kinds of Draws: the "First Draw” and "Subsequent Draws.”
First Draw. 1 must take a First Draw in the minimum amount of $. (the|"First Draw Date"). My
First Draw will be paid to me by check. In addition to my First Draw, any Fees “due under this Ag jent that | choose to
finance will be added to my Principal Balance.
{ Exhibit "A"| see ADDITIONAL PAGES FOR IMPORTANT INFORMATION
408
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (conit)
Subsequent Draws. I may take Subsequent Draws durin g the Draw Period by writing special checks from
(each, a "Check"), but | may not request a Subset quent Draw for an amount greater than my \Available time to time
Subsequent Draw must be for at least $ 100.00 Immediately Credit. Each
exceed S$ N/A . | may obtain Subsequent Draws at Lender's after any Subsequent Draw, my Principal Balance must
offices or by using my Checks I receive from Lender.
Lender may charge amo: unts to my Account as Subse quent Draws to protect Lender's Security Intprest in the Property, as
stated in the Security Instrument, at any time.
Checks. | can use my Checks, subject to the terms of this Agreement. When Lender honors a Check, Lender
the amount of the Check to my Account, even if it is post-dated,
not obligated to pay Checks that will cause me to exceed my Credit stale, or will cause me to exceed my Credit Limit mayLender charge
is
Limi it
do so again in the future. Checks will not be retuned with my Monthly St: latemi ents, Lender can pay Checks in any order toit
but, if Lender does so, Lender is not obligated
chooses even though this may atfect whether | exceed my Credit Limit, unless otherwise required by faw.
‘Stop Payment Requests It ask, Lender may attempt to stop payment on a Check, but Lender will have no liability to me
if Lender does not. An oral Fequest to stop payment is good for only fourteen
within that period. A written request is good for onh ly six (6) months unless (14) calendar days unless | confirm it in writing
contact Lender immediately if | wish to sto} 1p Payment on a Check. Lender then | willrenew it in writing within that period. | will
send me a "Stop Payment Request" form
that I must sign and return to Lender. Lender will advise me of other rules that will apply to Stop Payment Requests.
Loss of Checks. ! must notify Lender immediately if any of my y Checks are lost or stolen or if |
have been used without my permission. To report the loss or t her fl of my Checks, | may write to learn that any of the Checks
Lentier at the address listed
at the beginning of this Agreement or on my Monthly Statement ( "Lender's Address’ ") or call Lender dt the telephone number
listed at the beginning of this Agreement or on my Monthly Statement ("Lender's T: elephone Number).
Lender's Address or Lender's Telephone Number by telling me in my Monthly St atement, if my AgcountLender may change
is closed for any
reason, { agree to return all unused Checks to Lender immediately.
Restrictions on Draws. Lender may refuse to honor any Draw request:
@ that will cause me to exceed my Credit Limit;
) that | try to use to make any payments on my Account or an: y other account due to Lender, unlegs | first get Lender's
permission in writing:
() that does not comply with this Agreement:
@) if Lender has suspended or terminated my Account, or
«e) if | am otherwise in detault of this Agreement.
Lender is not responsible if | am dissatisfied with the goods or services | have purchased or leasqd with Draws from my
Account or if anyone does not accept my Check.
8. How My Finance Charges Are Computed. Finance charges will be assessed on my Account in the form of Additional Fees
described in Section 10 below and by applying the applicable dail ly periodic rate disclosed in Section 9 below to the average
daily balance on my Account and then multiplying the resulti ing product by the number of days in the billing cycle. The Finance
Charge calculated in this manner will never exceed the Fina
the daily balance for each day of the billing cycle. Finance nce Charge that would result from applying t @ daily periodic rate to
charges will
Charge. The daily periodic rate applied to my Account will be determinedbe bydisclosed on my Monthly St: lement as the Finance
dividii ing the annual percentage rate applicable to
my Account (the “Annual Percentage Rate") for the billing cycle by 365 (the "Daily P eriodic Rate")
Calculation of Average Daily Balance. Lender figures a portion of the Finance Charge on my Account by applying the Daily
Periodic Rate to the average daily balance on my Account. To get the average daily balance, Lender takes the beginning
Principal Balance (which excludes any accrued and unpaid finance char
Account each day, adds any new Draws, Fees (as defined below). and credit itges resulting from the daily, periodic rate) on my
insurance: premiums (except as otherwise provided
in this Agreement), and subtracts any payments or credits. This gives Lender
Then, Lender adds all the Closing Daily Balances for the billing cycle and divides thethe “Closing Daily Balance” on my Account.
total by the number of days in the billing
cycle. This gives Lender the "Average Daily Balance.” The Clasing Daily Balance will reflect payments, credits, draws, and
debits posted to my Account each day but will not include any unpaid finance charges resulting from the daily periodic rate.
No Grace Period. There is no grace period during which | can make a payment and avoid a Finance Charge. Finance charges
will begin to accrue on the day that Draws, Fees (as definéd below), or credit insurance premiums are posted to my Account
9. Annual Percentage Rates/Daily Periodic Rates. The interest rate that Lender uses to calculate a portion of the Finance
Charge on my Account is called an Annual Percentage Rate or a Daily Periodic Rate. The Annual Percer itage Rate is the Daily
Periodic Rate of interest on my Account expressed as an annual rate.
& ‘ed Annual Percentage Rate/Daily Periodic Rate. The ANNUAL PERCENTAGE RATE bpplied to my Account
is 9.990%. The Daily Peri ic Rate applied to my Account is 027.4%.
O Variable Annual Percentage Rate/D: Periodic Rate. My Annual Percentage Rate and Daily Periodic Rate may
change
age Za The Annual
‘The Annual Perconiage
Percentage Rate
Rate and
and the
the Daily Periodic Rate on my Account afe
The index is the highest Prime Rate in the Money Rates listing in The Wall Street Journal on the first businessbased on an index.
day after the 14th
day of the month pre ceding each anniversary of my Account. The anniversary of my Account is
from the Date of Agreement above and the same date of each N/A time period thereafter
(my “Anniversary"). To get my Annual Percentage Rate, Lender adds N/A percentage point(s) (the Margin") to the index
My initial ANNUAL PERCENTAGE RATE is N/A _%, and my initial Daily Periodic Rate is N, % If the index
becomes unavailable during the term of this Agreement, Lender may use a comparable index after Lend
| otifies me.
Rate Changes. The Annual Percentage Rate can change _N/A . but the rate cannot! increase or decrease
by more than N/A __ percentage point(s) any year. Changes in the Annual Percentage Rate and Daily| Periodic Rate for my
Account will take effect on the first day of the billing cycle beginning on or after the Anniversary of my Account. My Monthly
Statement wi show the Annual Percentage Rate and Daily Periodic Rate that applied to my Account during the billing cycte.
Increases in the Annual Percentage Rate and Daily Periodic Rate for my Account may result in a greatet Finance Charge and
an increase in the Current Payment | must make on my Account, The ANNUAL PERCENTAGE RA’ on my Account will
never be more than N/A __%, which is the same as a Daily Periodic Rate of N/a _%, or be less thah N/A _%, which is
the same as a Daily Periodic Rate of N/a __%.

SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
|
1|
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
(1 introductory Discou nt for Annual Percentage Rate/Daily Periodic Rate.be the Initially, during thei discount period, the
Percentag e Rate and Daily Periodic Rate a} pplicable to my Account will not Ant nual Perceritage Rate and Daily
Annual TAGE RATE is N/A ___%, and the Introductory Daily
Periodic Rate shown above. The Introductor y ANI INUAL PERCEN
___%. The Introductory Annual Percentage Rat te and Daily Periodic Rate applicable to my Account wil! be
Periodic Rate is N/A Thereafter, beginning on the first day of f the next billing
in effect from the First Draw Date through the first NA billing cycles.
cycle, the Annual Percentage Rate and Daily Periodic Rates shown above will apply.
Each Annual Percentage Rate disclosed above includes only interest and not other charges.
40. Fees. | agree to pay certain fees and Principal chat rges ("Fees") as provided below. | agreeidedthatin Lender may fharge these Fees to
this Agreement. Fees will not be
Account and include these Fees in my Balance, except as otherwise provi
my
refunded if my Accou! int is closed for any reason, unless required by law.
Loan Fees, | agree to pay the following LoanfromFees in connection with my Account. If 1 do not pay the Loan Fees in cash when |
‘open my Account, funds may be advanced my ‘Account to pay these Loan Fees at the time I take my First Draw.
Loan Fees Paid to Lender.

Loan Fees Paid to Third Parties.
s 404.00 Title Insurance Fee
$ 30.00 Recording/Releasing F: RE
$ 104.00 Intangible Tax
s 182.00 Documentary Stamp Tax
Additional Fees. | also agree to pay the following Additi ional Fees on my Account. These Fees are an additional kind of
FINANCE CHARGE. These Additional Fees will appear on my first Monthly Statement in the “FINANCE CHARGE" box.
Additional Fees Paid to Lender. |
s 1485.00 Points |
Additional Fees Paid to Third Parties.
s 59.00 Tax Service Fee
Account Fees. If checked, Lender may charge the following Fees to my Account:
Initial Annual Fee. Lender may charge an Annual Fee on my Account on my first Monthly Statement. The initial Annual
Fee is $. .
Subsequent Annual Fee. Lender may charge a subsequent Annual Fee on my Account on each annual Anniversary
during my Draw Period. The subsequent Annual Fee is $. .
Late Fee. | may have to pay a Late Fee as more fully described in Section 34. i
Returned Check Fee. | may be required to pay a Returned Check Fee as more fully described in Settion 35.
Reconveyance Fee. | may be required to pay a Reconveyance Fee as more fully described in Section 36.
Payment Options. ach month | must pay at least the Minimum Payment shownin onany each of my Monthly Statements by
payment due date. | may make larger paymet nts on my Account at ‘The any time and amount, but |still must make any
Minimum Payment due for the month(s) following that larger payment. larger my payments, the smaller the total Finance
Charge | will have to pay over the term of this Agreement. | may pay the Total Balance on my Account in full at any time;
however, | may be required to pay a Prepayment/Termination Fee, as provided in Section 33.
gwill bePercent of New Balance Option. Under this option and subject to any balloon payment betow, my Minimum Payments
due monthi ly and will include any Past Due Amounts and any Late Fee and any Retumed Check Fees assessed for the
billing cycle, plus a Current Payment equal to N/A ___% of the sum of the Principal Balance, the finance charges, and any
credit insurance premiums assessed for the current billing cycle.
Assumed Term Option. Under this option and subject to any balloon payment below, my Minimurh Payment will be due
monthly and wi include a Current Payment equal to an amount that would amortize the Principal Balance and the Finance
Charge to be eamed on my Principal Balance over an assumed term of 15. years (the "Assumed Term’) in substantially equal
amounts each billing cycle, plus any Past Due Amounts and any credit insurance premiums, any Late Fee, and any Retumed
Check Fees assessed for the billing cycle. During my Draw Period, if my Principal Balance changes tecause | take a Draw
and/or Fees are charged to my Account or if my Annual Percentage Rate changes (other than an adjustrhent resuttingthe from the
expiration of an Introductory Rate), my Current Payment will be adjusted at the end of the billing cycle in which change
‘occurs to an amount that would amortize my Principal Balance and the Finance Charge to be eamed on rhy Principal Balance in
substantially equal amounts each billing cycle over my Assumed Term; however, the due date of ‘any balloon payment below
will remain the same. During the Repayment Period, each time my Annual Percentage Rate is adjusted br an advance is made
from my Account pursuant to this Agreement, my Current Payment will also be adjusted to an amount that would amortize my
Principal Balance and the Finance Charge to be eamed over the remainder of my Assumed Term; however, the due date of any
balloon payment betow will remain the same.
if the Current Payment determined under either payment option above is less than $. less. 50.00, my Current Payment will
equal $. 5000 or the New Balance shawn on my Monthly Statement, whichever is
( Battoon Payment. if | only make the required Current Payments on my Account, they will not be| | sufficient to repay repay my
Total Balance. | will then be required to pay my remaining Total Balance in a single “Balloon Payment” oh

SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION Lr
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)

Allocation of Payments. Account payments will be a} plied first to any Late Fee, then to any Returned Check
insurance premiums billed (where applicable), then t 10 finance charges assessed on my Account, Fee, any credit
Balance of my Account, unless otherwise required by la anid finally to the Principal
Form of Payments. | must make my payments by check, money order, or similar instrument payablelin
on a financial institution located in the U.S. | may not mail Lender cash or use a Check (see Section |7 above) U.S. funds and drawn
however, | may make my payments in cash i in person at any of Lenders offices. J agree not to send lender payments to pay Lender:
“paid in full," “without recourse," or similar la inguage unless those payments are marked for special handling and marked sent to
Lender's office servicing my Account.
Where to Send My Payments. | must send my payment to Lender's Address listed on my Monthly Statement.
Lender receives at Lender's Adi dress by 3 PM each business day will be credited to my Account a$ of the d; late Payments that
Payments that Lender receives at Lender's Address after this time will be treated as received by Lender on the next of business receipt
day. Payments received at an) y other location will be credited no tat ter than five (5) days after Lender receives
credited. 1 will be sure to include my payment coupon with my paym. lent. If | fail to include my payment coupon, them to be
may not be credited to m y Account for up to five (5) days. Delayed ci Fediting may cause me to incur a Late myFeepayment and/or
additional finance charges.
42. Monthly Statements. Lender will bill me for payments due on my Account, every month, by sending me a billing
statement, called a Montfily Statement The period of time Covered by each
first Billing Cycle begins on the Date of this Agreement. The last day of each Monthly Statement is calléd a “Billing Cycle.” My
Date." Each Monthly Statement will show the activity on my Account during the Billing Cycle is called the "Billing Cycle Closing
payment will be due is shown after the words "Payme: ‘nt must be received on Billing or
Cycle. The day bf the month when each
Monthly Statement will show the Billing Cycle Closing Date, the Payment Due Datebefore" (the "Paynhent Due Date"). Each
for the Billing Cycle, and certain other
required information. Lender will send each Monthly St tatement to the Borrower's address listed at the top of page 1 of this
Agreement, called "Borrower's Address.
When Lender Will Send My Monthly Statements. Lender will send me a Monthi ly Statement for each Billing Cycle in which
(1) Lender charges a Finance Charge. (2) Lender char ges a Fee, (3) there is any other activity on my Account, or (4) the law
requires that Lender send me a Monthly Statement
Billing Errors. | should review each Monthh ly Statement carefully and advise Lender in writing of any; errors within sixty (60)
days of the Billing Cycle Closin 9 Date, as more fully explained on the Billing Rights Statement |that accompanies this
Agreement.
13. When Lender May Prohibit Subsequent Draws or Reduce
and as provided in the Agreement, Lender may prohibit Subsequent MyDraws Credit Limi To the extent permitted by applicable law
or reduce my Credit Limi
(a) The value of the Property decreases significantly below the appraised value of the Propert 'y. The appraised value of the
Property is the value shown by Lender's most recent appraisal of the Property (the “Appraised Value"); or
by Lender reasonably believes that ! will be unable to make my Minimum Payments on time because of a material
adverse change in my financial circumstances; or :
© | am in default of a material obligation under this Agreement A material obligation includes, but is not limited to, my
promise (i) to notify Lender immediately should there be an a vei rse change in my credit or firjancial condition; (ii) to
give Lender updated financial or credit information upon request. (iii) not to permit any lien to be filed against the
Property that will be superior to Lender's Security Interest; and (iv) n jot to exceed my Credit Limit; or
@ Government action (j) prevents Lender from cha ging any Annual Percentage Rate provided under this Agreement or (ii)
adversely affects the priority of Lender's Securit y Interest in the Property to the extent that the value of Lender's Security
interest is less than 120% of my Credit Limit: or
(e) When the maximum Annual Percentage Rate under this Agreement is reached; or
Lenders regulators consider Subsequent Draws to be an unsafe and unsound lending practice: or,
(a) 1 ask Lender to reduce or limit my Subsequent Draws; or
hy Any event listed in Section 15 below occurs. 1
How to Reinstate My Account. Lender will reinstate my Account di luring the Draw Period if (1) | ask Lender in writing to
reinstate, (2) | pay any credit report fees and any appraisal fee Lenderi incurs to update Lender's credit information
Lender agrees that the reason that caused Lender to prohibit Subsequ about me, (3)
(4) there is no other reason for Lender to prohibit Subsequent Draws entor Draws or reduce the Credit Lim no longer exists, and
reduce my Credit Limit. Lenaer may require that all
Borrowers sign any request to reinstate.
14. Required Property Insurance. 1 am re quired to maintain hazard
acceptable to Lender ("Required Insurance"). | have the option of providing insurance the Required
on the Property in types and amounts
of insurance owned or controlled by me, or thi rough a policy to be obtained and paid for by Insurance thraugh an existing policy
me tmay urchase this Required
Insurance through any insurer, insurance agent, or broker of my choice that is acceptable to Lend fer. Lender thay forfor reasonable
Tender may reasonable
cause decline any insurance provided by me. Required Insurance iS not available for purchase through Le nder.
Insurance must (a) insure the Property a: gainst all risks of physical damage, including loss by fire and othdr hazards for Required
of the Agreement, (b) have terms and amounts satisfactory to Lender, (c) name Lender as loss payee or mortgagee, the(d) term not
permit the addition of any other loss payee or mortgagee to the insurance
that such insurance will not be canceled or mot o ied without at least fifteenpolicy (15)
unless Lender consents in writing, (e) provide
days prior written notice to
mortgagee, and (f) not include any disclaimer of the insurer's liability for failure to give such notice. |! agree tothe provide loss payee or
Lender
with satisfactory proof of my Required Insurance. t
| agree to keep my Required Insurance in force until all amounts that | owe Lender under this Agreement and the Security
Instrument are paid in full, my Account is terminated, and Lender relea: ses or discharges the Security Istrument In case of
damage to or loss of the Property, | agree to give prompt notice to Lender rand
make proof of loss to the insurance carrier, Lender may (but is not required to) the insurance carrier. If | fal I to promptly notify or
any insurance proceeds to reduce the amounts that | owe under this Agreement doandso the on my behalf. | agre that Lender may use
to adjust my losses and sign my name to any check, . draft, or other papers necessary Security Instrument | authorize Lender
to obtain such insurance payments. If
insurance proceeds paid to Lender do not satis fy all amounts that | owe Lender under this Agreement
Instrument, | remain responsible for payment of the balance of any amounts due under this Agreement and the Security
and the Security
Instrument.
‘SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
”n
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) i
purchase insurance at my
if, at any time, | fail to buy or keep in force my Requiré ed Insurance, Lender may (but is not required to) protect
may, but need not, my interests. The
expense to protect Lender's interest in the Property. | agree that this insurance by Lender may be
coverage purchased by Lender may ni jot pay any claim | make. 1 agree that the cost of insurance ofpurchased insurance may, to the
much more than the cost of insurance | could have obtained on my own, and | agree that the cost suchLender to purchase the
extent permitted by law, be added to my Principal Balance and accrue finance charges. | authorizefrom the purchase of this
urance required by this Agreement. 1 understand that Lender or its affiliate may eam a protit
insurance, to the extent permitted by applicable law.
45. Default. To the extent permitted by applicable law, | will be in default of this Agreement it
(@) [file for, or my creditors place me in, bankruptcy and | fail to meet the repayment terms of this Agrdement; or
{b) 1 do not make any Minimum Payment by the Payment Due Date or otherwise fail to meet the repayment terms provided
for in this Agreement; or
© | commit fraud or materially misrepresent any int formation with regard to my Account, includi , but not limited to,
material misrepresentations in my credit application, financial statements that | make to Lender, off any correspondence
or discussions that | have with Lender about my Account; or L
Lender's Security Interest in the Property, for ex: . () Htransfer title
(d) Any action or inaction by me adversely affectsLender's
to the Property or sell the Prope! rty without prior written permission; (ji) | do not ta
maint: Required Insurance
on the Property; (ii) | do not pay, when due, taxes that would become a lien on the Property; (iv) | am the only Borrower
and |die; (v) | do not maintain the Property, | abandon the Property or | commit waste or otherwise destructively use the
Property; (vi ) a lien that is superior to Lender's Security Interest is filed against the Property, or a lien that is subordinate
to Lender's lien is filed against the Property ‘and that lien adversely effects the Property or Lender's rights in the
Property; (vi) the Property is taken by conde! nation or eminent domain; (vii) the Property is foreclosed upon by
another lien holder; (ix) another creditor attempts to enforce a judgment against the Property; () | use the Property
illegally such that the Property could be seized; or (xi) | move out of the Property; or
{e) One of two Borrowers dies and Lender's Security Interest is adversely affected thereby.
(For Kansas residents only, Lender believes the preceding ever nts would significantly impair the prospect of payment,
performance, or realization of collateral. Except for a default resulting from m

Case Info

Judge

OLIN, MELISSA GATES Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

June 09, 2023

Case Filing Date

June 09, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Complaint,Petition: US BANK TRUST COMPANY NATIONAL vs BENNETT, SHIRLEY M et al

Preview

Related Topics

Case Info

Parties