Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
06453 - Y¥3
F23-46798 June 29, 2023
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
)
The Huntington National Bank, ) Case No. 23CV003765
)
Plaintiff, ) Judge Daniel Hawkins
VS. PRELIMINARY JUDICIAL REPORT
Robert S. Carrothers, et al,
Defendants
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
06453 - ¥3
aN Sa,
PRELIMINARY JUDICIAL REPORT
First American Title” ISSUED BY
ae
First American Title Insurance Company
POLICY NUMBER:
Judicial Report 5007339-0055551e
Guaranteed Party Name: Matrix Financial Services Corporation File No.: P23-1626 / F23-46798
06/13/2023
Effective Date: June 8, 2023 @ 7:00 a.m.
Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial proceedings, FIRST
AMERICAN TITLE INSURANCE COMPANY (Hereinafter "the Company") hereby guarantees in an amount not to exceed
$118,964.17 that it has examined the public records in Franklin County, Ohio as to the land described in Schedule A, that
the record title to the land is at the date hereof vested in Robert S. Carrothers, by deed recorded October 18, 2013 in
Instrument No. 201310180177067 of Franklin County Records and free from all encumbrances, liens or defects of
record, except as shown in Schedule B.
This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the purchaser
at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in Schedule B and
the Conditions and Stipulations contained herein.
This Report shall not be binding or valid until it has been signed by either an authorized agent or representative of the
Company and Schedules A and B have been attached hereto.
Issuing Agent: Nova Title Agency, Inc.
Agent Account No.: 4040334
Address: 6001 Cochran Road
Suite 302
City, State, Zip: Solon, OH 44139
Telephone: (440)-600-5550
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company For Reference:
P23-1626 / F23-46798
Dennis J. Gilmore Issued By:
Pil iy
President
Nova Title Agency, Inc.
6001 Cochran Road
Suite 302
Solon, OH 44139
Timothy Kemp
Secretary Account No. 4040334
Telephone: (440)-600-5550
py, Gobo G Dyer, II
Authorized Countersignature, John J Dyer Ill, Esq.
Page | Preliminary Judicial Report — (04/15/2010)
Requested by: Reimer Law Co.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
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FIRST AMERICAN TITLE INSURANCE COMPANY
ORDER NO. P23-1626 / F23-46798
PRELIMINARY JUDICIAL REPORT
SCHEDULE A
DESCRIPTION OF LAND
Situated in the City of Reynoldsburg, County of Franklin, and State of Ohio, and being Lot Number 36 in
Farmington as the same is numbered and delineated upon the recorded plat thereof of record in Plat Book 64,
Page 68, Recorder's Office, Franklin County, Ohio
Form 5007339 (4/1/10) Page 2 of 4 Preliminary Judicial Report (4-15-10)
Ohio
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
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FIRST AMERICAN TITLE INSURANCE COMPANY
ORDER NO. P23-1626 / F23-46798
SCHEDULE B
The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising
therefrom.
4 Plat items, Easements, Restrictions, Declarations, Amendments to Declarations and Mineral Leases which are
filed for record.
Mortgage from Robert S. Carrothers, unmarried man, to Mortgage Electronic Registration Systems, Inc., as
nominee for CrossCountry Mortgage, Inc., in the amount of $143,100.00, dated September 8, 2014 and filed
October 8, 2014 in Instrument No. 201410080133132 of Franklin County Records.
Open-End Mortgage from Robert S. Carrothers, a single man, to The Huntington National Bank (Department
GW0214, 5555 Cleveland Avenue, Columbus, OH 43231) in the amount of $55,100.00, dated January 14, 2019
and filed January 28, 2019 in Instrument No. 201901280010303 of Franklin County Records.
Action for Foreclosure:
The following entries appear in the Franklin County Common Pleas Court for Case No. 23 CV 003765:
The Huntington National Bank
5555 Cleveland Avenue, GW1W47
Columbus, OH 43231
VS
Robert S. Carrothers, et al.
2130 Wayfaring Drive
Reynoldsburg, OH 43068
May 25, 2023: Complaint filed.
NOTE: Liens in favor of the State of Ohio filed but not yet indexed in the dockets of the Franklin County
Common Pleas Court.
The records of the Franklin County Auditor for Parcel No. 060-007136-00 show the following real estate tax
information:
Taxes for the First Half of 2022 in the amount of $2,320.60 are paid.
VALUATION: LAND BUILDING TOTAL
15960 55900 71860
Property Address is known as: 2130 Wayfaring Drive, Reynoldsburg, Ohio (as per Franklin County Tax
Auditor)
Form 5007339 (4/1/10) Page 3 of 4 Preliminary Judicial Report (4-15-10)
Ohio
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
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CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT
1 Definition of Terms required to pay money or other compensation for a matter covered by
(a) "Guaranteed Party": The party or parties named herein or this Report or actual notice someone claims an interest in the Land
the purchaser at judicial sale. covered by this Report.
(b) “Guaranteed Claimant": Guaranteed Party claiming loss or 5. Extent of Liability
damage hereunder. The liability of the Company shall in no case exceed in all the amount
(c) "Land": The land described specifically or by reference in stated herein and shall in all cases be limited to the actual loss,
Schedule A, and improvements affixed thereto, which by law including but not limited to attomeys fees and costs of defense, only of
constitute real property; provided however the term "land" the Guaranteed Party. Any and all payments under this Report shall
does not include any property beyond the lines of the area reduce the amount of this Report pro tanto and the Company's liability
specifically described or referred to in Schedule A, nor any shall terminate when the total amount of the Report has been paid.
right, title, interest, estate, or easement in abutting streets, 6. Options to Pay or Otherwise Settle Claims; Termination of
toads, avenues, lanes, ways or waterways. Liability
(d) “Public Records": Those records under state statute and, if a The Company in its sole discretion shall have the following options:
United States District Court resides in the county in which the (a) To pay or tender to the Guaranteed Claimant the amount of
Land is situated, the records of the clerk of the United States the Report or the balance remaining thereof, less any
District Court, which impart constructive notice of matters attomeys fees, costs or expenses paid by the Company to
relating to real property to purchasers for value without the date of tender. If this option is exercised, all liability of the
knowledge and which are required to be maintained in certain Company under this Report terminates including but not
public offices in the county in which the land is situated. limited to any liability for attorneys fees, or any costs of
2. Determination of Liability defense or prosecution of any litigation.
This Report together with any Final Judicial Report or any Supplement (b) To pay or otherwise settle with other parties for or in the
or Endorsement thereof, issued by the Company is the entire contract name of the Guaranteed Claimant any claims guaranteed by
between the Guaranteed Party and the Company. this Report.
Any claim of monetary loss or damage, whether or not based on (°) To continue, re-open or initiate any judicial proceeding in
negligence, and which arises out of the status of the title to the estate order to adjudicate any claim covered by this Report. The
or interest guaranteed hereby or any action asserting such claim, shall Company shall have the right to select counsel of its choice
be restricted to this Report. (subject to the right of the Guaranteed Claimant to object for
3. Liability of Company reasonable cause) to represent the Guaranteed Claimant and
This Report is a guarantee of the record title of the Land only, as will not pay the fees of any other counsel.
disclosed by an examination of the Public Records herein defined. (d) To pay or tender to the Guaranteed Claimant the difference
4. Notice of Claim to be given by Guaranteed Claimant between the value of the estate or interest as guaranteed and
In case knowledge shall come to the Guaranteed Party of any lien, the value of the estate or interest subject to the defect, lien or
encumbrance, defect, or other claim of title guaranteed against and not encumbrance guaranteed against by this Report.
excepted in this Report, whether in a legal proceeding or otherwise, the 7. Notices
Guaranteed Party shall notify the Company within a reasonable time in All notices required to be given to the Company shall be given promptly
writing and secure to the Company the right to oppose such proceeding and any statements in writing required to be furnished to the Company
or claim, or to remove said lien, encumbrance or defect at its own cost. shall be addressed to First American Title Insurance Company,
Any action for the payment of any loss under this Report must be Attn: Claims National Intake Center, 1 First American Way, Santa
commenced within one year after the Guaranteed Party receives actual Ana, California 92707. Phone 888-632-1642.
notice that they may be
EXCLUSIONS FROM COVERAGE
The Company assumes no liability under this Report for any loss, 4. The Company assumes no liability under this Report for the proper
cost or damage resulting from any physical condition of the Land. form or execution of any pleadings or other documents to be filed in
The Company assumes no liability under this Report for any loss, any judicial proceedings.
cost or damage resulting from any typographical, clerical or other 5 The Company assumes no liability under this Report for any loss,
errors in the Public Records. cost, or damage resulting from the failure to complete service on
The Company assumes no liability under the Report for any parties shown in Schedule B of the Preliminary Judicial Report
matters affecting title subsequent to the date of this Report or the and the Final Judicial Report or any Supplemental Report issued
Final Judicial report or any supplement thereto. thereto.
Form 5007339 (4/1/10) Page 4 of 4 Preliminary Judicial Report (4-15-10)
Ohio
06453 TRANSFER
Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
IANA
OCT 18 2013
CLARENCE
€. MINGO
20119180
Terry Frown
177067
720130093060
10/18/2013 3:01PM BXTALON GROUP
Franklin County Recorder
\Mandatory.
/5/ OO |
Pemissve- (5/00 <2
CLARENCE E. MINGO II
FRANKLIN COUNTY AUDITOR
Order Number Talon Title - P
GENERAL WARRANTY DEED
Tracy Langston and Cheng-Sheng Langston, husband and wife of Franklin County,
Ohio, for valuable consideration paid, grants, with general warranty covenants to
Robert S. Carrothers whose tax mailing address is
CrossCountry Mortgage Inc. 6850 Miller Road, Brecksville Ohio 44141
the following real property:
“See Exhibit “A” attached hereto and made a part hereof...”
Parcel Number: 060-007136-00
Property Address: 2130 Wayfaring Drive, Reynoldsburg Ohio 43068
Except for the following and subject to all of which this conveyance is made: legal
highways; zoning ordinances; real estate taxes and assessments which are now or may
hereafter become a lien on said premises; covenants, conditions, restrictions and
easements of record; and all coal, oil, gas, and other mineral rights and interests
previously transferred or reserved of record.
Prior Instrument Reference: Instrument No. 200912040175756, Recorder’s Office,
Franklin County, Ohio.
GWeavithout Rel
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
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Witness their hand(s) this 16th day of October, 2013.
2
Tracy Langston ———s
-.
fe)
Cheng¢Sheng' est
State of Ohio
County of Fairfield ss:
Be It Remembered, that on this 16th day of October, 2013, before me, a Notary Public
in and for said State, personally appeared the above named Tracy Langston and Cheng-
Sheng Langston, the Grantor(s) in the foregoing deed, and acknowledged the signing
thereof to be their voluntary act and deed.
In Testimony Thereof, I have hereunto subscribed my name and affixed my official
seal on the day and year last aforesaid,
BE Ose
SA KELLY R. COURTS
NOTARY PUBLIC, STATEOF
MY COMMIS EXPIRES
SIO JUNEN19,
a
This instrument prepared by Magnuson & Barone, Attorneys at Law
GW-without Rel
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
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EXHIBIT 'A'
a
LEGAL DESCRIPTION
Situated in the City of Reynoldsburg, County of Franklin, State of Ohio, and is described as follows:
Being Lot Number Thirty-six (36), in FARMINGTON, as the same is numbered and delineated
upon the recorded plat thereof, of record in Plat Book 64, page 68, Recorder's Office, Franklin
County, Ohio.
For informational Purposes only:
Property Address: 2130 Wayfaring Drive Reynoldsburg, Ohio 43058
Parcel No.:060-007136-00
[franklin Sounty Kecordes MO
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765
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EXHIBIT upn
When recorded, return to:
CrossCountry Mortgage, Inc.
Attn: Final Document Department
6850 Miller Road
Brecksville, OH 44141
a {Space Above This Line For Recording Data}.
MORTGAGE
DEFINITIONS
a
Words used in multiple sections of this dccument 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) “Security instrument” means this document, which ts dated September 8, 2014,
together with all Riders to this document.
{B) “Borrower” is ROBERT S CARROTHERS, UNMARRIED MAN.
Borrower is the mortgagor under this Security Instrument.
{C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument. MERS ts organized and existing under the laws of Delaware, and has
an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
({D) “Lender” is CrossCountry Mortgage, Inc..
Lender is a Corporation, organized and
existing under the laws of Ohio.
Lender's address ts 6850 Miller Road, Brecksville, OH 44141
(E) “Note” means the promissory note signed by Borrower and dated September 8, 2014.
The Note states that Borrower owes Lender ONE HUNDRED FORTY THREE THOUSAND ONE
HUNDRED AND NO/MO0* ** ©4888 008 tt nnn ae ERR RR RE
FO III IOI ITI RAI tk Dollars (U.S. $143,100.00 }
plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in full not jater than October 1, 2044.
(F} “Property” means the property that is described below under the heading “Transfer of Rights in the
Property.”
initials: HCS<
OHIO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/07
Ellie Mae, inc. Page 1 of 11 OHEDEED 1212
OHEDEED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul@Z
) “Loan” means the debt evidenced by the Note, plus interest, any prepaym a
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(H) “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 O Second Home Rider
Balloon Rider Planned Unit Development Rider OO Other(s) [specify]
0 1-4 Family Rider CI Biweekly Payment Rider
CVA. Rider
() “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.
(J) “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.
(K) “Electronic Funds Transfer” means any transfer
of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated thraugh an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but ts not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) “Escrow Items” means those items that are described in Section 3.
(M) “Miscellaneous Proceeds” means any compensation, settlement, award 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 destruction of, the Property; (ii) condemnation or other taking of all or any part
of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as
to, the value and/or condition of the Property.
(N) “Mortgage insurance” means insurance protecting Lender against the nonpayment of, or default
on, the Loan.
(OQ) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under
the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 1024), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As
used in this Security Instrument, “RESPA" refers to all requirements and restrictions that are imposed
In regard to a "federally related mortgage loan” even if the Loan does not qualify as a “federally related
mortgage loan" under RESPA.
(Q) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions
and madifications of the Note; and (ii) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the
successors and assigns of MERS the following described property located in the
County [Type of Recording Jurisdiction| of
Franklin [Name of Recording Junsdiction{:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A“
APN #: 060-007136-00
which currently has the address of 2130 Wayfaring Dr, Reynoldsburg,
[Street] [City]
Ohio 43068 (‘Property Address"):
[Zip Code}
initiats: LS <
OHIO-Singte Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/01
Ellie Mae, Inc. Page 2 of 11 OHEDEED 1212
IHEDEED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul @An¥!
TOGETHER WITH mena
all the improvements now or hereafter erected on the property, and alieasements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security instrument. All of the foregoing ts referred to in this Security Instrument as
the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted
by Borrower in this Security Instrument, but, if necessary to comply with law ar custom, MERS (as nominee
for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests,
including, but not limited to, the right to foreclose and sell the Property; and to take any action required of
Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borroweris 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
ttems pursuantto 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 1s returned to Lender unpaid, Lender may require that any or ail
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 tn 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 under 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. lf 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 may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceedsto principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the “Funds’) to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument
as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if
any; (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage
Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of
Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
“Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that
Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such
dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all
Initials: <
OHIO--Singie Family—-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/04
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Franklin County Ohio Clerk of Courts of the Common Pleas-
2 55
notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items
unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such
waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time
period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement” is used in Section 9. if Borrower is obligated to pay Escrow
Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender
may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lenderto apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or
In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than
the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement
1's made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in
writing, however, that interest shail be paid on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shail pay
to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more
than 12 monthly payments, If there ts a deficiency of Funds held in escrow, as defined under RESPA, Lender
shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments
or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if
any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided
in Section 3.
Borrower shall promptly discharge any tien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower ts performing such agreement; (b) contests the lien
in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's
opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any
part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may
give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reparting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term “extended coverage,” and
any other hazards including, but not limited to, earthquakes and floods, for which Lender requires
insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the
periods that Lender requires, What Lender requires pursuant to the preceding sentences can change
during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower
subject to’ Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge for flood zone determination, certification and tracking services; or (b) a one-time charge for
flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shail
also be responsible for the payment of any fees imposed by the Federal Emergency ManagementAgency
in connection with the review of any flood zone determination resulting fram an objection by Borrower.
Initials: e
OHIO~Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/04
Ellie Mae, f Page 4 of11 OHEDEED 1212
OHEDEED
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06453 - ¥4
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 JulgKt
a
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost
of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section
5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
tight to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and
tenewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 06453 - Y¥3 F23-46798 June 29, 2023 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO ) The Huntington National Bank, ) Case No. 23CV003765 ) Plaintiff, ) Judge Daniel Hawkins VS. PRELIMINARY JUDICIAL REPORT Robert S. Carrothers, et al, Defendants Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 06453 - ¥3 aN Sa, PRELIMINARY JUDICIAL REPORT First American Title” ISSUED BY ae First American Title Insurance Company POLICY NUMBER: Judicial Report 5007339-0055551e Guaranteed Party Name: Matrix Financial Services Corporation File No.: P23-1626 / F23-46798 06/13/2023 Effective Date: June 8, 2023 @ 7:00 a.m. Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial proceedings, FIRST AMERICAN TITLE INSURANCE COMPANY (Hereinafter "the Company") hereby guarantees in an amount not to exceed $118,964.17 that it has examined the public records in Franklin County, Ohio as to the land described in Schedule A, that the record title to the land is at the date hereof vested in Robert S. Carrothers, by deed recorded October 18, 2013 in Instrument No. 201310180177067 of Franklin County Records and free from all encumbrances, liens or defects of record, except as shown in Schedule B. This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in Schedule B and the Conditions and Stipulations contained herein. This Report shall not be binding or valid until it has been signed by either an authorized agent or representative of the Company and Schedules A and B have been attached hereto. Issuing Agent: Nova Title Agency, Inc. Agent Account No.: 4040334 Address: 6001 Cochran Road Suite 302 City, State, Zip: Solon, OH 44139 Telephone: (440)-600-5550 In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: P23-1626 / F23-46798 Dennis J. Gilmore Issued By: Pil iy President Nova Title Agency, Inc. 6001 Cochran Road Suite 302 Solon, OH 44139 Timothy Kemp Secretary Account No. 4040334 Telephone: (440)-600-5550 py, Gobo G Dyer, II Authorized Countersignature, John J Dyer Ill, Esq. Page | Preliminary Judicial Report — (04/15/2010) Requested by: Reimer Law Co. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 06453 - Y¥3 FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. P23-1626 / F23-46798 PRELIMINARY JUDICIAL REPORT SCHEDULE A DESCRIPTION OF LAND Situated in the City of Reynoldsburg, County of Franklin, and State of Ohio, and being Lot Number 36 in Farmington as the same is numbered and delineated upon the recorded plat thereof of record in Plat Book 64, Page 68, Recorder's Office, Franklin County, Ohio Form 5007339 (4/1/10) Page 2 of 4 Preliminary Judicial Report (4-15-10) Ohio Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 06453 - Y¥3 FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. P23-1626 / F23-46798 SCHEDULE B The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes no liability arising therefrom. 4 Plat items, Easements, Restrictions, Declarations, Amendments to Declarations and Mineral Leases which are filed for record. Mortgage from Robert S. Carrothers, unmarried man, to Mortgage Electronic Registration Systems, Inc., as nominee for CrossCountry Mortgage, Inc., in the amount of $143,100.00, dated September 8, 2014 and filed October 8, 2014 in Instrument No. 201410080133132 of Franklin County Records. Open-End Mortgage from Robert S. Carrothers, a single man, to The Huntington National Bank (Department GW0214, 5555 Cleveland Avenue, Columbus, OH 43231) in the amount of $55,100.00, dated January 14, 2019 and filed January 28, 2019 in Instrument No. 201901280010303 of Franklin County Records. Action for Foreclosure: The following entries appear in the Franklin County Common Pleas Court for Case No. 23 CV 003765: The Huntington National Bank 5555 Cleveland Avenue, GW1W47 Columbus, OH 43231 VS Robert S. Carrothers, et al. 2130 Wayfaring Drive Reynoldsburg, OH 43068 May 25, 2023: Complaint filed. NOTE: Liens in favor of the State of Ohio filed but not yet indexed in the dockets of the Franklin County Common Pleas Court. The records of the Franklin County Auditor for Parcel No. 060-007136-00 show the following real estate tax information: Taxes for the First Half of 2022 in the amount of $2,320.60 are paid. VALUATION: LAND BUILDING TOTAL 15960 55900 71860 Property Address is known as: 2130 Wayfaring Drive, Reynoldsburg, Ohio (as per Franklin County Tax Auditor) Form 5007339 (4/1/10) Page 3 of 4 Preliminary Judicial Report (4-15-10) Ohio Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 06453 - ¥4 CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1 Definition of Terms required to pay money or other compensation for a matter covered by (a) "Guaranteed Party": The party or parties named herein or this Report or actual notice someone claims an interest in the Land the purchaser at judicial sale. covered by this Report. (b) “Guaranteed Claimant": Guaranteed Party claiming loss or 5. Extent of Liability damage hereunder. The liability of the Company shall in no case exceed in all the amount (c) "Land": The land described specifically or by reference in stated herein and shall in all cases be limited to the actual loss, Schedule A, and improvements affixed thereto, which by law including but not limited to attomeys fees and costs of defense, only of constitute real property; provided however the term "land" the Guaranteed Party. Any and all payments under this Report shall does not include any property beyond the lines of the area reduce the amount of this Report pro tanto and the Company's liability specifically described or referred to in Schedule A, nor any shall terminate when the total amount of the Report has been paid. right, title, interest, estate, or easement in abutting streets, 6. Options to Pay or Otherwise Settle Claims; Termination of toads, avenues, lanes, ways or waterways. Liability (d) “Public Records": Those records under state statute and, if a The Company in its sole discretion shall have the following options: United States District Court resides in the county in which the (a) To pay or tender to the Guaranteed Claimant the amount of Land is situated, the records of the clerk of the United States the Report or the balance remaining thereof, less any District Court, which impart constructive notice of matters attomeys fees, costs or expenses paid by the Company to relating to real property to purchasers for value without the date of tender. If this option is exercised, all liability of the knowledge and which are required to be maintained in certain Company under this Report terminates including but not public offices in the county in which the land is situated. limited to any liability for attorneys fees, or any costs of 2. Determination of Liability defense or prosecution of any litigation. This Report together with any Final Judicial Report or any Supplement (b) To pay or otherwise settle with other parties for or in the or Endorsement thereof, issued by the Company is the entire contract name of the Guaranteed Claimant any claims guaranteed by between the Guaranteed Party and the Company. this Report. Any claim of monetary loss or damage, whether or not based on (°) To continue, re-open or initiate any judicial proceeding in negligence, and which arises out of the status of the title to the estate order to adjudicate any claim covered by this Report. The or interest guaranteed hereby or any action asserting such claim, shall Company shall have the right to select counsel of its choice be restricted to this Report. (subject to the right of the Guaranteed Claimant to object for 3. Liability of Company reasonable cause) to represent the Guaranteed Claimant and This Report is a guarantee of the record title of the Land only, as will not pay the fees of any other counsel. disclosed by an examination of the Public Records herein defined. (d) To pay or tender to the Guaranteed Claimant the difference 4. Notice of Claim to be given by Guaranteed Claimant between the value of the estate or interest as guaranteed and In case knowledge shall come to the Guaranteed Party of any lien, the value of the estate or interest subject to the defect, lien or encumbrance, defect, or other claim of title guaranteed against and not encumbrance guaranteed against by this Report. excepted in this Report, whether in a legal proceeding or otherwise, the 7. Notices Guaranteed Party shall notify the Company within a reasonable time in All notices required to be given to the Company shall be given promptly writing and secure to the Company the right to oppose such proceeding and any statements in writing required to be furnished to the Company or claim, or to remove said lien, encumbrance or defect at its own cost. shall be addressed to First American Title Insurance Company, Any action for the payment of any loss under this Report must be Attn: Claims National Intake Center, 1 First American Way, Santa commenced within one year after the Guaranteed Party receives actual Ana, California 92707. Phone 888-632-1642. notice that they may be EXCLUSIONS FROM COVERAGE The Company assumes no liability under this Report for any loss, 4. The Company assumes no liability under this Report for the proper cost or damage resulting from any physical condition of the Land. form or execution of any pleadings or other documents to be filed in The Company assumes no liability under this Report for any loss, any judicial proceedings. cost or damage resulting from any typographical, clerical or other 5 The Company assumes no liability under this Report for any loss, errors in the Public Records. cost, or damage resulting from the failure to complete service on The Company assumes no liability under the Report for any parties shown in Schedule B of the Preliminary Judicial Report matters affecting title subsequent to the date of this Report or the and the Final Judicial Report or any Supplemental Report issued Final Judicial report or any supplement thereto. thereto. Form 5007339 (4/1/10) Page 4 of 4 Preliminary Judicial Report (4-15-10) Ohio 06453 TRANSFER Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 IANA OCT 18 2013 CLARENCE €. MINGO 20119180 Terry Frown 177067 720130093060 10/18/2013 3:01PM BXTALON GROUP Franklin County Recorder \Mandatory. /5/ OO | Pemissve- (5/00 <2 CLARENCE E. MINGO II FRANKLIN COUNTY AUDITOR Order Number Talon Title - P GENERAL WARRANTY DEED Tracy Langston and Cheng-Sheng Langston, husband and wife of Franklin County, Ohio, for valuable consideration paid, grants, with general warranty covenants to Robert S. Carrothers whose tax mailing address is CrossCountry Mortgage Inc. 6850 Miller Road, Brecksville Ohio 44141 the following real property: “See Exhibit “A” attached hereto and made a part hereof...” Parcel Number: 060-007136-00 Property Address: 2130 Wayfaring Drive, Reynoldsburg Ohio 43068 Except for the following and subject to all of which this conveyance is made: legal highways; zoning ordinances; real estate taxes and assessments which are now or may hereafter become a lien on said premises; covenants, conditions, restrictions and easements of record; and all coal, oil, gas, and other mineral rights and interests previously transferred or reserved of record. Prior Instrument Reference: Instrument No. 200912040175756, Recorder’s Office, Franklin County, Ohio. GWeavithout Rel Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 0G453 - Y42 Witness their hand(s) this 16th day of October, 2013. 2 Tracy Langston ———s -. fe) Cheng¢Sheng' est State of Ohio County of Fairfield ss: Be It Remembered, that on this 16th day of October, 2013, before me, a Notary Public in and for said State, personally appeared the above named Tracy Langston and Cheng- Sheng Langston, the Grantor(s) in the foregoing deed, and acknowledged the signing thereof to be their voluntary act and deed. In Testimony Thereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid, BE Ose SA KELLY R. COURTS NOTARY PUBLIC, STATEOF MY COMMIS EXPIRES SIO JUNEN19, a This instrument prepared by Magnuson & Barone, Attorneys at Law GW-without Rel Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 0G453 = ¥43 EXHIBIT 'A' a LEGAL DESCRIPTION Situated in the City of Reynoldsburg, County of Franklin, State of Ohio, and is described as follows: Being Lot Number Thirty-six (36), in FARMINGTON, as the same is numbered and delineated upon the recorded plat thereof, of record in Plat Book 64, page 68, Recorder's Office, Franklin County, Ohio. For informational Purposes only: Property Address: 2130 Wayfaring Drive Reynoldsburg, Ohio 43058 Parcel No.:060-007136-00 [franklin Sounty Kecordes MO Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 11:52 AM-23CV003765 06453 - ¥4 EXHIBIT upn When recorded, return to: CrossCountry Mortgage, Inc. Attn: Final Document Department 6850 Miller Road Brecksville, OH 44141 a {Space Above This Line For Recording Data}. MORTGAGE DEFINITIONS a Words used in multiple sections of this dccument 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) “Security instrument” means this document, which ts dated September 8, 2014, together with all Riders to this document. {B) “Borrower” is ROBERT S CARROTHERS, UNMARRIED MAN. Borrower is the mortgagor under this Security Instrument. {C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS ts organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. ({D) “Lender” is CrossCountry Mortgage, Inc.. Lender is a Corporation, organized and existing under the laws of Ohio. Lender's address ts 6850 Miller Road, Brecksville, OH 44141 (E) “Note” means the promissory note signed by Borrower and dated September 8, 2014. The Note states that Borrower owes Lender ONE HUNDRED FORTY THREE THOUSAND ONE HUNDRED AND NO/MO0* ** ©4888 008 tt nnn ae ERR RR RE FO III IOI ITI RAI tk Dollars (U.S. $143,100.00 } plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not jater than October 1, 2044. (F} “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” initials: HCS< OHIO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/07 Ellie Mae, inc. Page 1 of 11 OHEDEED 1212 OHEDEED 09/08/2014 05:12 AM PST 06453 - ¥4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul@Z ) “Loan” means the debt evidenced by the Note, plus interest, any prepaym a charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) “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 O Second Home Rider Balloon Rider Planned Unit Development Rider OO Other(s) [specify] 0 1-4 Family Rider CI Biweekly Payment Rider CVA. Rider () “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. (J) “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. (K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated thraugh an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but ts not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items” means those items that are described in Section 3. (M) “Miscellaneous Proceeds” means any compensation, settlement, award 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 destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Mortgage insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (OQ) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA" refers to all requirements and restrictions that are imposed In regard to a "federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan" under RESPA. (Q) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and madifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the County [Type of Recording Jurisdiction| of Franklin [Name of Recording Junsdiction{: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A“ APN #: 060-007136-00 which currently has the address of 2130 Wayfaring Dr, Reynoldsburg, [Street] [City] Ohio 43068 (‘Property Address"): [Zip Code} initiats: LS < OHIO-Singte Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/01 Ellie Mae, Inc. Page 2 of 11 OHEDEED 1212 IHEDEED 09/08/2014 05:12 AM PST 06453 - ¥4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul @An¥! TOGETHER WITH mena all the improvements now or hereafter erected on the property, and alieasements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing ts referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law ar custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borroweris 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 ttems pursuantto 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 1s returned to Lender unpaid, Lender may require that any or ail 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 tn 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 under 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. lf 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 may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceedsto principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds’) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all Initials: < OHIO--Singie Family—-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/04 Ellie Mae, Inc. Page 3 of11 OHEDEED 1212 OHEDEED 99/08/2014 05:12 AM PST 06453 - ¥4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2 55 notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement” is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lenderto apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement 1's made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shail be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shail pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments, If there ts a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any tien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower ts performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reparting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to’ Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shail also be responsible for the payment of any fees imposed by the Federal Emergency ManagementAgency in connection with the review of any flood zone determination resulting fram an objection by Borrower. Initials: e OHIO~Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/04 Ellie Mae, f Page 4 of11 OHEDEED 1212 OHEDEED 09/08/2014 05:12 AM PST 06453 - ¥4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 JulgKt a If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's tight to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and tenewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums