Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - V5
IN THE COURT OF COMMON PLEAS
FRANKLIN COU NTY, OHIO
seeee seeee seeee seeee sees teees teees teees teees teee
Mortgage Assets Management, LLC Case No.
i Mortgage Way
Mt. Laurel, New Jersey 08054 dadge
Plaintiff COMPLAINT FOR FORECLOSURE
VS.
Gloria Kapral Robertson, as heir and real
Estate beneficiary to the Estate of Frank A.
Kapral
53 Upton Street
Quincy, MA 62169
Bruce Crabtree, as real Estate
beneficiary to the Estate of Frank A. Kapral
9212 Lago Lane
Lewis Center, QH 43035
Lana Crabtree, as real Estate beneficiary to
the Estate of Frank A. Kapral
9212 Lago Lane
Lewis Center, QH 43035
dane Doe Name Unknown, the Unknown
spouse of Brace E, Crabtree (if any)
9212 Lago Lane
Lewis Center, OH 43035
Nicole Kapral, as heir to the Estate of
Frank A, Kapral
4753 Saint Andrews Drive
Grove Ci OH 43123
Damian Sanfillipo, as heir to the Estate of
Frank A. Kapral
970 Oberlin Drive
Columbus, OH 43221
23-004342_CGK
C2
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - v6
The United States of America, The
Secretary of Housing and Urban
Development
c/o The U.S, Attorney for the Southern
District
303 Marconi Boulevard
Suite 200
Columbus, OH 43215
Franklin County Treasurer
373 South High Street
17th Floor
Columbus, OH 43215
John Doe Name Unknown, the Unknown
spouse of Gloria Kapral Robertson (if any)
53 Upton Street
Quincy, MA 62169
dohn Doe Name Unknown, the Unknown
spouse of Lana Crabtree (if any)
9212 Lage Lane
Lewis Center, QH 43035
dohn Doe Name Unknown, the Unknown
spouse of Nicole Kapral (Gf any}
4733 Saint Andrews Drive
Grove City, OH 43123
dane Doe Name Unknown, the Unknown
spouse of Damian Sanfillipo (if any)
970 Oberlin Drive
Columbus, OH 43221
Defendants.
Now comes Plaintiff, Mortgage Assets Management, LLC ("Plaintiff"), who hereby
alleges and asserts against the Defendants as follows:
Background
] Frank A. Kapral and Eliza Esther Kapral, AKA Eliza E. Kapral executed the promissory
note (the "Note"} that is the subject of this action, attached hereto as Exhibit A.
23-004342_CGK
v Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372
In connection with the execution of the Note, Frank A. Kapral and E za Esther Kapral,
AKA Eliza E. Kapral executed a Home Equity Conversion Loan Agreement (the "Loan
Agreement") and Mortgage (the "Mortgage"), attached hereto as Exhibit C and B,
respectively.
The Mortgage was recorded on January 28, 2009 as Instrument Number
200901280010539, Franklin County, Ohio records.
The Mortgage is a lien on the property (the "Property") described more fully in the
attached Mortgage. The parties to the Mortgage intended the Mortgage to attach to the
entire fee simple interest in the Property.
The Note, Loan Agreement, and Mortgage (the "Loan Documents"), are part of a reverse
mortgage transaction. While the Mortgage secures tated maximum principal amount
and other sums, the amount due at any one time is determined by the amounts advanced
and draws made by Frank A. Kapral and E a Esther Kapral, AKA E aE. Kapral as of
that date. Pursuant to the terms of the Loan Documents, the amount due and unpaid
principal balance continues to increase as a result of advances and draws made on the
account. The advances and draws provided for in the Loan Documents may include, but
are not limited to, advances for property taxes, insurance premiums, property protection
and maintenance, servicing fees, compounding interest, and disbursements to Frank A.
Kapral and Eliza Esther Kapral, AKA Eliza E. Kapral. The Loan Documents have
matured or are in default. Plaintiff has satisfied conditions precedent and declared the
entire balance due and payable.
COUNT ONE: BREACH OF NOTE
6 Plaintiff incorporates each of the preceding allegations into Count One by reference.
23-004342_CGK
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - V8
Frank A. Kapral and Eliza Esther Kapral, AKA Eliza £. Kapral are deceased. Plaintiff is
not seeking a personal judgment against the foregoing defendant but is seeking instead to
enforce its security interest. Because the Note has matured or is in default, Plaintiff is
entitled to recover from the sale of the Property the principal amount of $397,609.32 as
of April 28, 2023, plus interest at the rate of 7.06% per annum, subject to adjustment,
plus advances and draws provided for in the Loan Documents, including, but not limited
to, advances for property taxes, insurance premiums, property protection and
maintenance, servicing fees, compounding interest and all costs and expenses incurred
for the enforcement of the Note and Mortgage, except to the extent the payment is
prohibited by Ohio law.
Plaintiff is a person entitled to enforce the Note
COUNT TWO: FORECLOSURE
9 Plaintiff incorporates each of the preceding allegations into Count Two by reference.
10 The Mortgage is a valid and subsisting lien on the Property, subject only to any lien that
may be held by the County Treasurer that has priority over the Mortgage as a matter of
law,
ih The Mortgage was given to secure the Note.
12 Plaintiff is entitled to foreclose the Mortgage due to default. See Exhibit B, Exhibit D,
Exhibit E, and Exhibit F
13 The Preliminary Judicial Report attached to this Complaint as Exhibit G refers to other
persons, if any, who are named as defendants in this action. Frank A. Kapral and Eliza
Esther Kapral, AKA Elize E. Kapral acquired title to the Property under a survivorship
deed. On information and belief, Eliza Esther Kapral, AKA Elize E. Kapral is deceased.
As a result, upon the death of Eliza Esther Kapral, AKA Elize E. Kapral, all of Eliza
23-004342_CGK
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - v9
Esther Kapral, AKA Elize E. Kapral's interest in the Property immediately vested in
Frank A. Kapral. For this reason, Plaintiff has not named the heirs of Eliza Esther Kapral,
AKA Elize E. Kapral as defendants.
14 The identity of Jane Doe Name Unknown, the Unknown spouse of Bruce E. Crabtree Gf
any) is unknown and could not be discovered by reasonable diligence.
155 The identity of John Doe Name Unknown, the Unknown spouse of Gloria Kapral
Robertson (if any) is unknown and could not be discovered by reasonable diligence
16 The identity of John Doe Name Unknown, the Unknown spouse of Lana Crabtree (if any)
is unknown and could not be discovered by reasonable diligence
17. The identity of John Doe Name Unknown, the Unknown spouse of Nicole Kapral (if any)
is unknown and could not be discovered by reasonable diligence
18 The identity of Jane Doe Name Unknown, the Unknown spouse of Damian Sanfillipo Gf
any) is unknown and could not be discovered by reasonable diligence
PRAYER FOR RELIEF
19. Plaintiff prays for the following relief:
a finding of default on the note in the principal amount of $397,609.32 as of April
28, 2023, plus interest at the rate of 7.06% per annum, subject to adjustment, plus
advances and draws provided for in the Loan Documents, including, but not
limited to, advances for property taxes, insurance premiums, property protection
and maintenance, servicing fees, compounding interest and all costs and expenses
incurred for the enforcement of the Note and Mortgage, except to the extent the
payment is prohibited by Ohio law;
23-004342_CGK
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - V1
a finding that the Mortgage is a valid and subsisting lien on the Property, subject
only to any lien that may be held by the County Treasurer that has priority over
the Mortgage as a matter of law;
an order (1) foreclosing the equity of redemption and dower of all defendants
named in this action, (2) requiring that the Property, be sold free and clear of all
liens, interests, and dower, (3) requiring all defendants to set up their liens or
interest in the Property or be forever barred from asserting such liens or interests,
(4) requiring that the proceeds of the sale of the Property be applied to pay all
amounts due Plaintiff, and (5) granting Plaintiff all other relief, legal and
equitable, as may be proper and necessary, including, for example, a writ of
possession.
Respectfully submitted,
/s/ Angela D. Kirk
Angela D. Kirk (078177)
Matthew P. Curry (0078306)
Ann Marie Johnson (0072981)
Michael E. Carleton (0083352)
Carla M. Allen (0100929)
Kimberly D. Fulkerson (00 737.
137 56)
Justin M. Ritch (0085358)
Kyle E. Timken (0071381)
Maniey Deas Kochalski LLC
P.O. Box 165028
Columbus, OH 43216-5028
Telephone: 614-220-5611
Fax: 61¢ +9 5613
Email: ad manieydeas.com
Attorney for Plaintiff
“Please note: The documents attached herete may have heea redacted fo remove personal information and
personal identifiers, such as financial account information, social security nambers, dates of birth, and
similar information to further protect the privacy of berrewers and mortgagors.
23-004342_CGK
Franklin Cotinty Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM- -2scvens131
0G372 - vi
AINUSTARLE RATE NOTE -
(HOME EQUITY CONVERSION)
x
oe
SANUABY £2, 2005 EXHIBIT
&
973 CLUBVIEW BLVB §, COLUMBUS, OHIO 43235
coperty Adress}
1, DEFINITIONS.
Borrawer" means each sersox signing at the end of this Hote ider" means
FINANCIAL FRETINIM SEMIGR FUNDING CORFORA TION
and Xe surcessoes and assigns. “Secestary" means the Secretaey of Honsing and Urban Development or his or her authorized
representatives.
3, BORROWER'S PROMISE TO BAY; INTEREST
laren amends w be advanced by Lender to ar 12 benefit of Borrower under the terms of » Home Equity Conversion
Loan Agreement dated JANUARY £2, 100% Loss Agreement", Borvoter promises to pay to the order af Lender 3 principal
amour quel te tie sum of all Loan Advances made under the Loan Agreement with imerest. Alf amounts advanced by Lender, plus
interest, if nat due eateer, ere disc and rayebleon DECEMBER 17 2081 1 will be charged om unpaid principal at
thessic gf TWO AND ange percent { 2.3780 9%} per year unt the full amount of principal has been
pax The interestrate may age in accord ¢ with Fatagraph 5 of this Noie, Accrued inierest shall be sdded to the princigal
deisnce as a Loan Advance the end af zach month,
PROMISE TG PAY URED
Sorrowa''s promise to pay is secured by « meeigage, deed of trust or similar security instrument thet is dated the same date ag
this Note snd cafled the “Se: sity Intrement." Thet Scounty lnsinument protects the Lender from losses which might result if
Boreower defaults under thas Now,
4, MANNER OF PAVAIENT
4A} Fie
Borrower hall pay 1 outstanding principe! and act ed interest to Lender upon re of 2 nonce by Lender requiring
unmediaiz payment in Rill, «s provided im Paragragh ? of chis Note,
£B) Face
Paymentot
SINARE! PAL FReeDOM SENIGR FUNDING CORPORATION
138 TECRNGLOGY PRWY, SLETE 100
NORCROSS, GEORGIA JO085
arany much other place as Lender
vay denagnate in wenting by notes fe Borrower
{€) Lissitatiow of Liability
Bonower fi have ne puesoN 'y for payment of thy debt. Lender shall enforce the debt only thrangh vale of the
Pr ed by 2 verity Enstrament £ soperty"}. if thin Note is asuigned to che Secretary, the Borrower shall not be.
fiat foean ath a feeween she mE ance benefits peid to Lender and ¢ custssridiog, indeinesiness, ing
ued inkertad, oes by Borrswer at Hime of he men,
S INFERESY RATE CHANGES
{A} Change Dave
The incerest ate may change
on the fincday af APRIL, 2008 seedOn, CF thar dey of each sterceeding
yest the st ci ex soweatnngsn “Change Date" means each dae on which the interest rate could change,
48} Phe Endex
Begining wit heft ei at rare will be based on an Index. “index” means the weekly average yield
ge U usury S vss dusted 19 3 © fn talurty OF oe Yea os thade available by the Federal Reserve
Board. Curent dex” means the me reoEnt dex
figure available 30 days before the Change Date, HT the tnden (as defined
shove} os 90 Eonger availa, Lender
will vee as 3 gow lnddex any index orescribied by the Secretary Lender vl give Barrower
notion af the sey Indes
{€) Celeaation of fteren Bae Changes
Befure hay caloulate 6 sity i Spats by adding a irarginof TW AMG COO 00E
ns sentege poise 2 aoeee a wo the C rent Fue Sesbjocs to the henity stated in Paragna S(D) of this Note, this amount
‘ati be the new interest rate unt eet Chonge Date
(O} Lignis on Interest Rate Changes
ist rast FRE ne se 6 deoneaae by more Chass tw persontege points (2.0%) cri any single Change
Dae. F 228 vate m0 30 genventage points (5 6 hes or tower than the initist interest sate stated
ma Paragreph of this Pate
‘The interest nue wolf never merase shove TWELVE AND 3170/1800 parce {2.97880 45),
£8} Notice af Changes
Lasuler qa give notice to Borrowerof any ¢ ge in the interest rate The siotice mun be given at east 25 days before
the new 0 st rat es effect, 2 t set } the dae of the nos Gi}he Change Bote, (is) the ait unterent rate, wy}
the new ssievest sats, i serent tex and the date ie was published, {vi} the methad of osleulating the adjusted interest
sate, aad fi any 6 sation whickm aquired by law from tng gg
45} ONE Pegs fof
& & wy
IACslerslelkaxe
Le
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - vi
. a ere
) Effeotive Bare of Changes
A new imerest vate calouisied in accorsiance wath patagray 8 MC) and S(D} of thir Note will hecame effactive on the
Change Date, uniess the ange Cate occurs fexs than 25 days after Lender has given the raquired natice. If the interest rate
calculated in stoordance wth Paragraphs ${C) and Si) of this Note decreased, but Lender fenlad to give dimely notice of the
decrease and applied a higher sate than the rare which should have been stated ma timely notice, then Lender chail recalculate
the rine nee owed under this Note su it dors notrefigct any excessive interest
& BORROWER'S RIGHT TO PREGAY
A Borrower se the right to pay the deit evidenced by this Note, in whole or in part, without cherge or penalty. Any asnount of
debt prosaid wall St br apped 1 redese the pri gal bslance of the Second Note descrived in Paragraph 1 of this Note and ther
te reduce the Satance of thas Fé
Alt geepaymments of the principal balance 3 i bs apatied by Lend a3 follows,
19 Bux ponion oF the sipal balance representing aggregate payments for mortgege insurance premiums;
Sexang. te that portion o: princigal balance representing aggregate payments for servicing feos
hued, hat portion of the peinetpal twelance representing accrued interest due under the Note; and
Ezurth, to the resraining p not the peinct ance. A Boreawer may specify whethera p yyment is fe be cxednest
1s that pontion af the principal talance reprerenting monthly payments or the Hine af credit, ff Borrower does not designate
which postion of the principal fa! i te be prepsid, ander shell apply any partial prepayments to an exizting fine of
credit or create 2 new Hine of cred
7 IMMEDIGTE PAYMENT IN FULL
fA) Beat or Sake
Lender may require immediste payment in fii of all setstareing principal and accrued interest if
A) A Borrower a fhe Property 1s aot the principal residence ofat least one surviving Sorawer, oF
J All of a Borrawer's sitle the Property for his or ber fenefcal interest tna cast owning all pat of 2 Property} is sold
cr oxherunse transi¢ered and ag other Borrower rs inenile to the Pray erty mple or ralains a feasehold under a tease for
fers than 58 years which is renewable a lease having s remain period of not fess than 5 yasrs beyond the date of the
dey oF be youngest Borrower ae retaing 2 estate (oF retining # beneficial interest in a trust we such an interest
ie the Property
{B) Other Crounsts
Lender say sommes nediave payment tn fill of sH outstanding principal and accrued interest, ypor approvat by an
ofized representative of 2 Secretas
he Progeny ceases to be the ial residence of s Borrower for seasons other than death snd the Property is not the
neupal sesiience ofaf feast aise other Borrower,
a period of longer than 12 consecutive months, s Bomower frits to physically accupy the Property decause of physics!
‘or mntal iinesz and the Property is not the principal residence of af leant one other Borrower; 6r
Gia) Aa abligntion ‘the Boregunty esndlor Savurily Instrument ip not performed,
iC} Payment of Casts and Bapenses:
UF Lander hes required immediate payment i fy se described above, « debt enforced through sale of the Property
y include costs and expenses, schiding maronsite a customary attomey’s fee, associated with enfarcement of thas Note
re ct BK ibited by spptical faw. S fees asic costs shall bear interest from the date of distursernent at the same
we as 8 ean apal f this Noe
{B} Trusts
Canveyance of a Basowe’s 508 Hic Progeny to tual which meets the require tg of the Secietary, or
conveyance at a cere Property te & Borrower, shall not be conmaudered & conveyance fer pores oF this
arageph 2 she wot be idered an occupant or be considered as having a grinicapsl residance for pups of tats
meagre
$ WAIVERS
Bormwer weives the rights of sentiment and ef dishonor “Presentment” means the right wo require Lender to
paym of ameunss os ouce of dishonor” aieans the right to require Lemter 19 ratios fo oxher parscie thst amounts
dus nex bees paid.
$ GHING OF NOTICES
Unless apphcstt seyisines 8 fie method, any ¢ that must be given to Borrower wader this Note will be given by
delivering # oF by m fing it f ciaes ke Barrowet the Property Address above oF a differens addrust of Borrower hav
given Lender a notice of Barrowar’s different addr
Any noticx that et be given te the Secsecery is Nore will be given by fast clogs mail to Lender at the address viaaed in
Faragraph SB} or at 2 reat adrexs if Borrower is giv siotice of that different address,
3G. OBLIGATIONS OF PERSONS UNDER THIS NOTE.
more th ane On Sigees this Mi each person Hy obligated to keep aif of the promises made in this Note. Lender
anay 0 iy er ie ah stiagh nade of th erty.
RELATIONSHEF TG SECOND NOTE
{8} Second Note
Because Sorawer be ied fo 1eps: snes wh i the Secretary y make to oF Gs behalf of Borrower
Re 3 Se SSK
AN AD cusizig Act and the Loan Agreement, the Secretary has required Borrower ts
gra Nex the ERBEY.
{8} Betatinashig of Secret ¥ Fx one to thls Pate
Payments make by th cretary shai be uded tn the debt due usder this Mote uniess:
Bewe iC
acsiersleik=
458 0807 faye fot
ve
Franklin Cotinty Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - vi
z
oF in Note is assigned tn the Secretary, or
(ii) Pha Secretary accept: reimloursen by Lender for all payments made by tha Secretary.
lft cumstances described ia {i} o (18 oxi ail psymems by dhe Secretary, including interest go the payments, shall
‘be snctuded wm the debe.
{0} Effect on Borrower :
‘Where thers is ne assignment or ceimeursement as desztibed in (AX'} or (1) and she Seoretwry makes payments lo Borrower,
shen Borrower shall n
{i} Be cequired to ¥y ammounts owed under this Note untr] the Sectetary has required payment im full of all ovxstanding
principal aud accrue? interest under the Second Piote held by Secretary, notwithstanding anything to the contrary in
Paragcaph 7 oF this Nate: er
{it} Be ablignted to pay interest under this Note at yy time, whether accrued betore ov after the paysiencs by the Secretary,
sad whet £8 accrued wnterest has been included in the principal bulance of this N notwithstanding anything ta the
cavstrary in Paragraph 2 or § of this Note az any Allonge to this Note.
BY SHUMING BELOW, Borower accepis and agrees t the terras and covenants contained in this Nate
» Ce x Lo (Sealy
Ae 2 KABRAL yrrower
(Seal
Ly RSPRAL Borever
overer Seal}
Bereawer
Seat)
Borowse
(Seat)
Boorraiee:
{Sealy
Bor
{Ses}
Beorrower
(Seat)
Garsower
atsxerslelkste
4855 507 Poge BF
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23C 003131
0G372 - V1
PAY 70 THE ORDER OF
HiTHOUT RECOURSE
eet
ON SER
Brian Brouillar,
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - vi
WE
20080 1 28064 0833
Beaide: Ben aoe se
Bower t Piomatareey
Brarklin County jecacdar
urd ond Ren nH
FINANCIAL FREEPORT SERIO FURDERES
CORPORA THON
190 TROHNGEOMSY PROWY, SUITE 10
RURCROSS, HEOGRGIA 38002
a ug Ahrove TRE E lor Bes Reconting Bret]
State of Chie SBA Iptetretotess|
ADIUSTABLE RATE GPEN-END
HOME EQUITY CONVERSION MORTGAGE
OR
OR! TOAGE city dnetr en 9 JANUARY 33, 2 fe eu
Frank A. Raprat
and & Bsthnr Kapral, Ruban aad wike
whose adivess is 873 CLUBVIEW B2.V9 5,
COLUMB! . OH Ie 432 (Borrswse"t
This Securigy Instrument 3p eG
FINANCIAL FREEDOM ENIOR FUNDING CORPORATION
his
cng und evistin and i dh: ovsof THE STATE OF BEE AWARE. Jad whose adkhiews
190 TECHNOLOGY PRY, SLIPE 108, NOUCRUSS, CERCLA 30092,
“Lender ), Hormeesr gsecd i we by
uasueis which f 2s obligated te ads ee, so de sa unde: the terms a Hom
Comeursian 1 einen dated the s vt date as this Sez city instramess Loan Agrecrs as agtcome
repay 1s evieheew by Borrowers Note diated the ax da asf ss Sez siciny Ir mess ( jote>, Thi casing
iastrament seeures tu asker” Gn the repay af the nord ky theRe with interest at a rate shart
adj enter and all sencwals, 2x ASRS ARE moiifications a the Rake, wp ta 4 wwe #1 ptimipal anouat of
FOUR HUNDRED NINETY FIVE THOUSAND AND 88492 -
WS8 495,980.00 } he peicat of all ot pas, ath pcrest, advanced under Parvgragh $ 1
protect the security af this Securty ‘at or atherwis 21saf this Seeut! asin an
the perfirmas £ Hore ce ans ad agreements undes dus court Testament ss Now © fall
eke lushing moms desccthet (a. bi) and {c} ese, HT sot psi carter. ss dur and payable cn
DECEMBER 17 aes ‘oF purpose. Borruwer dines heretey we age. pean and gis ey
Beis 1 ®
CE. Xoo fs\eitsie|
AIR
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - vi
ttre Amenicas Title fas anance Company
SHES
COMMITMENT FOR TITLE INSURANCE FORM
SCHEDULE C - PROPERTY DESCRIPTION
Res Peeeccinte
ect ipccie cece Letyeres rt Gere ere)
Situated in the State of Ohio, County of Frankin, Sharan Township, Cry of Ootumbus, and being mare
particulary described as follows:
Being Lot Number Shcty (60) int WORTHINGTON KILLS MAD, ONE, as the sa: numbered and detinested upon
ihe recorded plat thereof, of record In Plat Book 36, page 22, Reterter’s Off oe, Fracidin Courty, Onia.
Address 873 Chabvlaw Blvd. Co umous, Oh 43235
Parcel Number 250-0067 20-0)
ALTA Commitment {6-1 7-86) 5¢ tec
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - vi
Lander the faffowing dose ed pr party Jocuted fn an neinge ? the same Pamony conveyed be Bo rower hy
vertain recorded in Vohume Page
Be 22 of the oo
PRARELIN County, Gio
see attastird legal
which has the address of 87 CLURVIEW BLYD
isteet
IRAN HE ARS Propeny Ad Oh
cnt {eet we Zoey
“TOGP THER WT fall impoossemneniy wu ve Berea! or erecteil na the propery, an 3 eacements, rights,
uppatteniases, anc atures gee 0 toeseatiotes 9 port of the passer A ie iacenssents anit addddiotss sitelf sine be
covered by this Scouriny instrument, A! at for eat is refered to ie oe Sty Insteusne: Pre ay?
BORROWER COVENANTS that Borrower ty lawtally seisad of the m tuts inrehy somvewd and has right
wo piomgege, giant and evgy the Pi arty and that the MaTy aS wAotoAbered. Nermwer waranty ad well
defend een atl. the Gilt fo the Propeny ope lf elaiens nd sient, ws 8 3s rhNLes OF neter
HHS SECURIFY INSTRUMED. 1 combi 8 uni foren covenseds for nationa? use and nen-uniferss covenants
vath linmted variations by yx sihenion to constinie a wunform seewnty 3 grument covering real pppery.
UNIFORM COV! NFS. Rowower nad Lender covenant and agreeas fallesws
1 Payment of Principal and imterest. Borower shall psy when due the principal of, and adgrest un,
debi evidencud by the Nats,
2, Fayment of Property Charges, Flarower shall pay aif propery” sonatsting ef tancs naan Cots,
flund ancl hazard insnranee promises, and special asseanenss ms ely wanner, and hall provh evidence of
payment to Lerdac, tink Letter ays pee 3 charges by shholding finds fons monthly cht the
Hiorrower or by charging suck payuneats to o fine of credit as pronaded (oe in thee Loss: Agsrmment
a re, Flucd and thher Hsxard Insurance, Bare: HE insox suse tie s att the Treperty,
whether now in existence or subsequently erected, agsinst any ke ards, casualties, d contingencnvs, imckading fire,
THis inveratice shall be muistaiscd in the a aunts, 1 The sate 2 asi Be the pestods sequined By wy he
Secretary of fe ag and Ur n Develon pent (Secretary?) Recrawer vhull also insure alf impos vements gn the
Pesparty, whether now in exiviense or subsexpienily erected, aguina loss hy faces so the extent sequised by dhe
ctary All ins ice shall be ar ed with ompanies wove by The nee policws and any
sesersaiy shall be Gehl dy Lender and shall inetude loss peyztt le causes in favor of, and ms dons ace eptable te.
Lande:
Je the evant af loss, Bo: ver si ve Lender immedisie nice Sv awl. Lender tay make proof of lo
ant nace promptly by Lerrower Hack snsurunce eoinpany cos sis tore Ny duties ved 5 cted > snake
poysment for suck loge ty fender isstoud of to Boramses si 0; Lender jomtty surance procesds sh be apphed to
Bou eis Pope?
LEK
syer=(eik>,
4
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131
0G372 - vi
.
restnathan ou fepaer ot the di syed De ay, he resiorakaan sep is ecoNO: Hy fess fe 3s
seuminy pe spened, AP uy st Hig ssn eepRRE IS. scone mieatiy Feastbie of Lonsley’s seen Ry wan be
loons edod 8 waswy one awed hi 3p; slice! thst to the on in ss de afin wos) Mate
vocond Seourity fast gent hel} by the Secretary ve the Property an thes tes the of the indebie: 8
wader the Note and thes reuiily Eastrement, Any evouss ith psocnds aver an amount ragnred 10) ay atl
anaishiadiny iadebtedmss under the Note thes Seoumsy Enirzment shal hy paid to Oye entity 4h rege y entide
therely.
Jn the even af forvetosuse of this Seeurity Hnarument or v Ne ot Paitiy to e Pau openly xiang
abo omebtodaens, alt a ute and i wrest of Borrower mat ce ing noe fies af ee H past te
purchaser,
4, Gecupancy, Presevation, Muintonanse and Protection of the Property: Borrower's Lon
Agpliewtion: Lonschoks, ucower shally ocupy, establisn, ase Use the Proper ay Borrower’ pe goad est ws
after she tne enon at thy ity sty ani. amd Boron se 2 att stone Raarswor Hf insnally m 0 thy one
ner sar a Homnwers) hall contin to oveUpy Propesty Sista % prnvipal residence for the weem of the
Semuery nyir en, | rincipal resisistoe” salt Rove Her s 00 58> fin: frome Ageooment
tormwer shofl Rot commit waste oF desirary, daunage ov subutamte sigs ths Property ox tow the
supe tO GesRIORRL reavonet! wens and teat excepted, Bormenet be dei fat forme, sing the
aan appt ish PIOUS, BONE TH july false oy inace: Pa aformation ar 9 awats t9 Lender tor fared 1¢
rovidde Le iden wrt soy mterisl information) ia connents he haan evidenced hy the +t ding,D:
on
mnited {0, roprescamifini conceming Borrower's oecuipaney of Oe Pr sty aN a ine se sees
Secuniy frstnument iy on a leas whald, Borrower shall comp ait the Lops of ae AY Bos sof aN ws
fos tithe to tg Progeny, the feavekotd and fie tte: hall nur de Juntos Lede: + aprees to met os
§, Charges i» Borrmier wid Protection ef Femder'y ‘Rages im the Froperty, Bermoser oks!! p
government? rnusnicipal oars, fines andl empositions shes are 2 faded on Foragssph 2 Borower sits pe
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - V5 IN THE COURT OF COMMON PLEAS FRANKLIN COU NTY, OHIO seeee seeee seeee seeee sees teees teees teees teees teee Mortgage Assets Management, LLC Case No. i Mortgage Way Mt. Laurel, New Jersey 08054 dadge Plaintiff COMPLAINT FOR FORECLOSURE VS. Gloria Kapral Robertson, as heir and real Estate beneficiary to the Estate of Frank A. Kapral 53 Upton Street Quincy, MA 62169 Bruce Crabtree, as real Estate beneficiary to the Estate of Frank A. Kapral 9212 Lago Lane Lewis Center, QH 43035 Lana Crabtree, as real Estate beneficiary to the Estate of Frank A. Kapral 9212 Lago Lane Lewis Center, QH 43035 dane Doe Name Unknown, the Unknown spouse of Brace E, Crabtree (if any) 9212 Lago Lane Lewis Center, OH 43035 Nicole Kapral, as heir to the Estate of Frank A, Kapral 4753 Saint Andrews Drive Grove Ci OH 43123 Damian Sanfillipo, as heir to the Estate of Frank A. Kapral 970 Oberlin Drive Columbus, OH 43221 23-004342_CGK C2 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - v6 The United States of America, The Secretary of Housing and Urban Development c/o The U.S, Attorney for the Southern District 303 Marconi Boulevard Suite 200 Columbus, OH 43215 Franklin County Treasurer 373 South High Street 17th Floor Columbus, OH 43215 John Doe Name Unknown, the Unknown spouse of Gloria Kapral Robertson (if any) 53 Upton Street Quincy, MA 62169 dohn Doe Name Unknown, the Unknown spouse of Lana Crabtree (if any) 9212 Lage Lane Lewis Center, QH 43035 dohn Doe Name Unknown, the Unknown spouse of Nicole Kapral (Gf any} 4733 Saint Andrews Drive Grove City, OH 43123 dane Doe Name Unknown, the Unknown spouse of Damian Sanfillipo (if any) 970 Oberlin Drive Columbus, OH 43221 Defendants. Now comes Plaintiff, Mortgage Assets Management, LLC ("Plaintiff"), who hereby alleges and asserts against the Defendants as follows: Background ] Frank A. Kapral and Eliza Esther Kapral, AKA Eliza E. Kapral executed the promissory note (the "Note"} that is the subject of this action, attached hereto as Exhibit A. 23-004342_CGK v Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 In connection with the execution of the Note, Frank A. Kapral and E za Esther Kapral, AKA Eliza E. Kapral executed a Home Equity Conversion Loan Agreement (the "Loan Agreement") and Mortgage (the "Mortgage"), attached hereto as Exhibit C and B, respectively. The Mortgage was recorded on January 28, 2009 as Instrument Number 200901280010539, Franklin County, Ohio records. The Mortgage is a lien on the property (the "Property") described more fully in the attached Mortgage. The parties to the Mortgage intended the Mortgage to attach to the entire fee simple interest in the Property. The Note, Loan Agreement, and Mortgage (the "Loan Documents"), are part of a reverse mortgage transaction. While the Mortgage secures tated maximum principal amount and other sums, the amount due at any one time is determined by the amounts advanced and draws made by Frank A. Kapral and E a Esther Kapral, AKA E aE. Kapral as of that date. Pursuant to the terms of the Loan Documents, the amount due and unpaid principal balance continues to increase as a result of advances and draws made on the account. The advances and draws provided for in the Loan Documents may include, but are not limited to, advances for property taxes, insurance premiums, property protection and maintenance, servicing fees, compounding interest, and disbursements to Frank A. Kapral and Eliza Esther Kapral, AKA Eliza E. Kapral. The Loan Documents have matured or are in default. Plaintiff has satisfied conditions precedent and declared the entire balance due and payable. COUNT ONE: BREACH OF NOTE 6 Plaintiff incorporates each of the preceding allegations into Count One by reference. 23-004342_CGK Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - V8 Frank A. Kapral and Eliza Esther Kapral, AKA Eliza £. Kapral are deceased. Plaintiff is not seeking a personal judgment against the foregoing defendant but is seeking instead to enforce its security interest. Because the Note has matured or is in default, Plaintiff is entitled to recover from the sale of the Property the principal amount of $397,609.32 as of April 28, 2023, plus interest at the rate of 7.06% per annum, subject to adjustment, plus advances and draws provided for in the Loan Documents, including, but not limited to, advances for property taxes, insurance premiums, property protection and maintenance, servicing fees, compounding interest and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio law. Plaintiff is a person entitled to enforce the Note COUNT TWO: FORECLOSURE 9 Plaintiff incorporates each of the preceding allegations into Count Two by reference. 10 The Mortgage is a valid and subsisting lien on the Property, subject only to any lien that may be held by the County Treasurer that has priority over the Mortgage as a matter of law, ih The Mortgage was given to secure the Note. 12 Plaintiff is entitled to foreclose the Mortgage due to default. See Exhibit B, Exhibit D, Exhibit E, and Exhibit F 13 The Preliminary Judicial Report attached to this Complaint as Exhibit G refers to other persons, if any, who are named as defendants in this action. Frank A. Kapral and Eliza Esther Kapral, AKA Elize E. Kapral acquired title to the Property under a survivorship deed. On information and belief, Eliza Esther Kapral, AKA Elize E. Kapral is deceased. As a result, upon the death of Eliza Esther Kapral, AKA Elize E. Kapral, all of Eliza 23-004342_CGK Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - v9 Esther Kapral, AKA Elize E. Kapral's interest in the Property immediately vested in Frank A. Kapral. For this reason, Plaintiff has not named the heirs of Eliza Esther Kapral, AKA Elize E. Kapral as defendants. 14 The identity of Jane Doe Name Unknown, the Unknown spouse of Bruce E. Crabtree Gf any) is unknown and could not be discovered by reasonable diligence. 155 The identity of John Doe Name Unknown, the Unknown spouse of Gloria Kapral Robertson (if any) is unknown and could not be discovered by reasonable diligence 16 The identity of John Doe Name Unknown, the Unknown spouse of Lana Crabtree (if any) is unknown and could not be discovered by reasonable diligence 17. The identity of John Doe Name Unknown, the Unknown spouse of Nicole Kapral (if any) is unknown and could not be discovered by reasonable diligence 18 The identity of Jane Doe Name Unknown, the Unknown spouse of Damian Sanfillipo Gf any) is unknown and could not be discovered by reasonable diligence PRAYER FOR RELIEF 19. Plaintiff prays for the following relief: a finding of default on the note in the principal amount of $397,609.32 as of April 28, 2023, plus interest at the rate of 7.06% per annum, subject to adjustment, plus advances and draws provided for in the Loan Documents, including, but not limited to, advances for property taxes, insurance premiums, property protection and maintenance, servicing fees, compounding interest and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio law; 23-004342_CGK Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - V1 a finding that the Mortgage is a valid and subsisting lien on the Property, subject only to any lien that may be held by the County Treasurer that has priority over the Mortgage as a matter of law; an order (1) foreclosing the equity of redemption and dower of all defendants named in this action, (2) requiring that the Property, be sold free and clear of all liens, interests, and dower, (3) requiring all defendants to set up their liens or interest in the Property or be forever barred from asserting such liens or interests, (4) requiring that the proceeds of the sale of the Property be applied to pay all amounts due Plaintiff, and (5) granting Plaintiff all other relief, legal and equitable, as may be proper and necessary, including, for example, a writ of possession. Respectfully submitted, /s/ Angela D. Kirk Angela D. Kirk (078177) Matthew P. Curry (0078306) Ann Marie Johnson (0072981) Michael E. Carleton (0083352) Carla M. Allen (0100929) Kimberly D. Fulkerson (00 737. 137 56) Justin M. Ritch (0085358) Kyle E. Timken (0071381) Maniey Deas Kochalski LLC P.O. Box 165028 Columbus, OH 43216-5028 Telephone: 614-220-5611 Fax: 61¢ +9 5613 Email: ad manieydeas.com Attorney for Plaintiff “Please note: The documents attached herete may have heea redacted fo remove personal information and personal identifiers, such as financial account information, social security nambers, dates of birth, and similar information to further protect the privacy of berrewers and mortgagors. 23-004342_CGK Franklin Cotinty Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM- -2scvens131 0G372 - vi AINUSTARLE RATE NOTE - (HOME EQUITY CONVERSION) x oe SANUABY £2, 2005 EXHIBIT & 973 CLUBVIEW BLVB §, COLUMBUS, OHIO 43235 coperty Adress} 1, DEFINITIONS. Borrawer" means each sersox signing at the end of this Hote ider" means FINANCIAL FRETINIM SEMIGR FUNDING CORFORA TION and Xe surcessoes and assigns. “Secestary" means the Secretaey of Honsing and Urban Development or his or her authorized representatives. 3, BORROWER'S PROMISE TO BAY; INTEREST laren amends w be advanced by Lender to ar 12 benefit of Borrower under the terms of » Home Equity Conversion Loan Agreement dated JANUARY £2, 100% Loss Agreement", Borvoter promises to pay to the order af Lender 3 principal amour quel te tie sum of all Loan Advances made under the Loan Agreement with imerest. Alf amounts advanced by Lender, plus interest, if nat due eateer, ere disc and rayebleon DECEMBER 17 2081 1 will be charged om unpaid principal at thessic gf TWO AND ange percent { 2.3780 9%} per year unt the full amount of principal has been pax The interestrate may age in accord ¢ with Fatagraph 5 of this Noie, Accrued inierest shall be sdded to the princigal deisnce as a Loan Advance the end af zach month, PROMISE TG PAY URED Sorrowa''s promise to pay is secured by « meeigage, deed of trust or similar security instrument thet is dated the same date ag this Note snd cafled the “Se: sity Intrement." Thet Scounty lnsinument protects the Lender from losses which might result if Boreower defaults under thas Now, 4, MANNER OF PAVAIENT 4A} Fie Borrower hall pay 1 outstanding principe! and act ed interest to Lender upon re of 2 nonce by Lender requiring unmediaiz payment in Rill, «s provided im Paragragh ? of chis Note, £B) Face Paymentot SINARE! PAL FReeDOM SENIGR FUNDING CORPORATION 138 TECRNGLOGY PRWY, SLETE 100 NORCROSS, GEORGIA JO085 arany much other place as Lender vay denagnate in wenting by notes fe Borrower {€) Lissitatiow of Liability Bonower fi have ne puesoN 'y for payment of thy debt. Lender shall enforce the debt only thrangh vale of the Pr ed by 2 verity Enstrament £ soperty"}. if thin Note is asuigned to che Secretary, the Borrower shall not be. fiat foean ath a feeween she mE ance benefits peid to Lender and ¢ custssridiog, indeinesiness, ing ued inkertad, oes by Borrswer at Hime of he men, S INFERESY RATE CHANGES {A} Change Dave The incerest ate may change on the fincday af APRIL, 2008 seedOn, CF thar dey of each sterceeding yest the st ci ex soweatnngsn “Change Date" means each dae on which the interest rate could change, 48} Phe Endex Begining wit heft ei at rare will be based on an Index. “index” means the weekly average yield ge U usury S vss dusted 19 3 © fn talurty OF oe Yea os thade available by the Federal Reserve Board. Curent dex” means the me reoEnt dex figure available 30 days before the Change Date, HT the tnden (as defined shove} os 90 Eonger availa, Lender will vee as 3 gow lnddex any index orescribied by the Secretary Lender vl give Barrower notion af the sey Indes {€) Celeaation of fteren Bae Changes Befure hay caloulate 6 sity i Spats by adding a irarginof TW AMG COO 00E ns sentege poise 2 aoeee a wo the C rent Fue Sesbjocs to the henity stated in Paragna S(D) of this Note, this amount ‘ati be the new interest rate unt eet Chonge Date (O} Lignis on Interest Rate Changes ist rast FRE ne se 6 deoneaae by more Chass tw persontege points (2.0%) cri any single Change Dae. F 228 vate m0 30 genventage points (5 6 hes or tower than the initist interest sate stated ma Paragreph of this Pate ‘The interest nue wolf never merase shove TWELVE AND 3170/1800 parce {2.97880 45), £8} Notice af Changes Lasuler qa give notice to Borrowerof any ¢ ge in the interest rate The siotice mun be given at east 25 days before the new 0 st rat es effect, 2 t set } the dae of the nos Gi}he Change Bote, (is) the ait unterent rate, wy} the new ssievest sats, i serent tex and the date ie was published, {vi} the methad of osleulating the adjusted interest sate, aad fi any 6 sation whickm aquired by law from tng gg 45} ONE Pegs fof & & wy IACslerslelkaxe Le Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - vi . a ere ) Effeotive Bare of Changes A new imerest vate calouisied in accorsiance wath patagray 8 MC) and S(D} of thir Note will hecame effactive on the Change Date, uniess the ange Cate occurs fexs than 25 days after Lender has given the raquired natice. If the interest rate calculated in stoordance wth Paragraphs ${C) and Si) of this Note decreased, but Lender fenlad to give dimely notice of the decrease and applied a higher sate than the rare which should have been stated ma timely notice, then Lender chail recalculate the rine nee owed under this Note su it dors notrefigct any excessive interest & BORROWER'S RIGHT TO PREGAY A Borrower se the right to pay the deit evidenced by this Note, in whole or in part, without cherge or penalty. Any asnount of debt prosaid wall St br apped 1 redese the pri gal bslance of the Second Note descrived in Paragraph 1 of this Note and ther te reduce the Satance of thas Fé Alt geepaymments of the principal balance 3 i bs apatied by Lend a3 follows, 19 Bux ponion oF the sipal balance representing aggregate payments for mortgege insurance premiums; Sexang. te that portion o: princigal balance representing aggregate payments for servicing feos hued, hat portion of the peinetpal twelance representing accrued interest due under the Note; and Ezurth, to the resraining p not the peinct ance. A Boreawer may specify whethera p yyment is fe be cxednest 1s that pontion af the principal talance reprerenting monthly payments or the Hine af credit, ff Borrower does not designate which postion of the principal fa! i te be prepsid, ander shell apply any partial prepayments to an exizting fine of credit or create 2 new Hine of cred 7 IMMEDIGTE PAYMENT IN FULL fA) Beat or Sake Lender may require immediste payment in fii of all setstareing principal and accrued interest if A) A Borrower a fhe Property 1s aot the principal residence ofat least one surviving Sorawer, oF J All of a Borrawer's sitle the Property for his or ber fenefcal interest tna cast owning all pat of 2 Property} is sold cr oxherunse transi¢ered and ag other Borrower rs inenile to the Pray erty mple or ralains a feasehold under a tease for fers than 58 years which is renewable a lease having s remain period of not fess than 5 yasrs beyond the date of the dey oF be youngest Borrower ae retaing 2 estate (oF retining # beneficial interest in a trust we such an interest ie the Property {B) Other Crounsts Lender say sommes nediave payment tn fill of sH outstanding principal and accrued interest, ypor approvat by an ofized representative of 2 Secretas he Progeny ceases to be the ial residence of s Borrower for seasons other than death snd the Property is not the neupal sesiience ofaf feast aise other Borrower, a period of longer than 12 consecutive months, s Bomower frits to physically accupy the Property decause of physics! ‘or mntal iinesz and the Property is not the principal residence of af leant one other Borrower; 6r Gia) Aa abligntion ‘the Boregunty esndlor Savurily Instrument ip not performed, iC} Payment of Casts and Bapenses: UF Lander hes required immediate payment i fy se described above, « debt enforced through sale of the Property y include costs and expenses, schiding maronsite a customary attomey’s fee, associated with enfarcement of thas Note re ct BK ibited by spptical faw. S fees asic costs shall bear interest from the date of distursernent at the same we as 8 ean apal f this Noe {B} Trusts Canveyance of a Basowe’s 508 Hic Progeny to tual which meets the require tg of the Secietary, or conveyance at a cere Property te & Borrower, shall not be conmaudered & conveyance fer pores oF this arageph 2 she wot be idered an occupant or be considered as having a grinicapsl residance for pups of tats meagre $ WAIVERS Bormwer weives the rights of sentiment and ef dishonor “Presentment” means the right wo require Lender to paym of ameunss os ouce of dishonor” aieans the right to require Lemter 19 ratios fo oxher parscie thst amounts dus nex bees paid. $ GHING OF NOTICES Unless apphcstt seyisines 8 fie method, any ¢ that must be given to Borrower wader this Note will be given by delivering # oF by m fing it f ciaes ke Barrowet the Property Address above oF a differens addrust of Borrower hav given Lender a notice of Barrowar’s different addr Any noticx that et be given te the Secsecery is Nore will be given by fast clogs mail to Lender at the address viaaed in Faragraph SB} or at 2 reat adrexs if Borrower is giv siotice of that different address, 3G. OBLIGATIONS OF PERSONS UNDER THIS NOTE. more th ane On Sigees this Mi each person Hy obligated to keep aif of the promises made in this Note. Lender anay 0 iy er ie ah stiagh nade of th erty. RELATIONSHEF TG SECOND NOTE {8} Second Note Because Sorawer be ied fo 1eps: snes wh i the Secretary y make to oF Gs behalf of Borrower Re 3 Se SSK AN AD cusizig Act and the Loan Agreement, the Secretary has required Borrower ts gra Nex the ERBEY. {8} Betatinashig of Secret ¥ Fx one to thls Pate Payments make by th cretary shai be uded tn the debt due usder this Mote uniess: Bewe iC acsiersleik= 458 0807 faye fot ve Franklin Cotinty Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - vi z oF in Note is assigned tn the Secretary, or (ii) Pha Secretary accept: reimloursen by Lender for all payments made by tha Secretary. lft cumstances described ia {i} o (18 oxi ail psymems by dhe Secretary, including interest go the payments, shall ‘be snctuded wm the debe. {0} Effect on Borrower : ‘Where thers is ne assignment or ceimeursement as desztibed in (AX'} or (1) and she Seoretwry makes payments lo Borrower, shen Borrower shall n {i} Be cequired to ¥y ammounts owed under this Note untr] the Sectetary has required payment im full of all ovxstanding principal aud accrue? interest under the Second Piote held by Secretary, notwithstanding anything to the contrary in Paragcaph 7 oF this Nate: er {it} Be ablignted to pay interest under this Note at yy time, whether accrued betore ov after the paysiencs by the Secretary, sad whet £8 accrued wnterest has been included in the principal bulance of this N notwithstanding anything ta the cavstrary in Paragraph 2 or § of this Note az any Allonge to this Note. BY SHUMING BELOW, Borower accepis and agrees t the terras and covenants contained in this Nate » Ce x Lo (Sealy Ae 2 KABRAL yrrower (Seal Ly RSPRAL Borever overer Seal} Bereawer Seat) Borowse (Seat) Boorraiee: {Sealy Bor {Ses} Beorrower (Seat) Garsower atsxerslelkste 4855 507 Poge BF Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23C 003131 0G372 - V1 PAY 70 THE ORDER OF HiTHOUT RECOURSE eet ON SER Brian Brouillar, Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - vi WE 20080 1 28064 0833 Beaide: Ben aoe se Bower t Piomatareey Brarklin County jecacdar urd ond Ren nH FINANCIAL FREEPORT SERIO FURDERES CORPORA THON 190 TROHNGEOMSY PROWY, SUITE 10 RURCROSS, HEOGRGIA 38002 a ug Ahrove TRE E lor Bes Reconting Bret] State of Chie SBA Iptetretotess| ADIUSTABLE RATE GPEN-END HOME EQUITY CONVERSION MORTGAGE OR OR! TOAGE city dnetr en 9 JANUARY 33, 2 fe eu Frank A. Raprat and & Bsthnr Kapral, Ruban aad wike whose adivess is 873 CLUBVIEW B2.V9 5, COLUMB! . OH Ie 432 (Borrswse"t This Securigy Instrument 3p eG FINANCIAL FREEDOM ENIOR FUNDING CORPORATION his cng und evistin and i dh: ovsof THE STATE OF BEE AWARE. Jad whose adkhiews 190 TECHNOLOGY PRY, SLIPE 108, NOUCRUSS, CERCLA 30092, “Lender ), Hormeesr gsecd i we by uasueis which f 2s obligated te ads ee, so de sa unde: the terms a Hom Comeursian 1 einen dated the s vt date as this Sez city instramess Loan Agrecrs as agtcome repay 1s evieheew by Borrowers Note diated the ax da asf ss Sez siciny Ir mess ( jote>, Thi casing iastrament seeures tu asker” Gn the repay af the nord ky theRe with interest at a rate shart adj enter and all sencwals, 2x ASRS ARE moiifications a the Rake, wp ta 4 wwe #1 ptimipal anouat of FOUR HUNDRED NINETY FIVE THOUSAND AND 88492 - WS8 495,980.00 } he peicat of all ot pas, ath pcrest, advanced under Parvgragh $ 1 protect the security af this Securty ‘at or atherwis 21saf this Seeut! asin an the perfirmas £ Hore ce ans ad agreements undes dus court Testament ss Now © fall eke lushing moms desccthet (a. bi) and {c} ese, HT sot psi carter. ss dur and payable cn DECEMBER 17 aes ‘oF purpose. Borruwer dines heretey we age. pean and gis ey Beis 1 ® CE. Xoo fs\eitsie| AIR Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - vi ttre Amenicas Title fas anance Company SHES COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE C - PROPERTY DESCRIPTION Res Peeeccinte ect ipccie cece Letyeres rt Gere ere) Situated in the State of Ohio, County of Frankin, Sharan Township, Cry of Ootumbus, and being mare particulary described as follows: Being Lot Number Shcty (60) int WORTHINGTON KILLS MAD, ONE, as the sa: numbered and detinested upon ihe recorded plat thereof, of record In Plat Book 36, page 22, Reterter’s Off oe, Fracidin Courty, Onia. Address 873 Chabvlaw Blvd. Co umous, Oh 43235 Parcel Number 250-0067 20-0) ALTA Commitment {6-1 7-86) 5¢ tec Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - vi Lander the faffowing dose ed pr party Jocuted fn an neinge ? the same Pamony conveyed be Bo rower hy vertain recorded in Vohume Page Be 22 of the oo PRARELIN County, Gio see attastird legal which has the address of 87 CLURVIEW BLYD isteet IRAN HE ARS Propeny Ad Oh cnt {eet we Zoey “TOGP THER WT fall impoossemneniy wu ve Berea! or erecteil na the propery, an 3 eacements, rights, uppatteniases, anc atures gee 0 toeseatiotes 9 port of the passer A ie iacenssents anit addddiotss sitelf sine be covered by this Scouriny instrument, A! at for eat is refered to ie oe Sty Insteusne: Pre ay? BORROWER COVENANTS that Borrower ty lawtally seisad of the m tuts inrehy somvewd and has right wo piomgege, giant and evgy the Pi arty and that the MaTy aS wAotoAbered. Nermwer waranty ad well defend een atl. the Gilt fo the Propeny ope lf elaiens nd sient, ws 8 3s rhNLes OF neter HHS SECURIFY INSTRUMED. 1 combi 8 uni foren covenseds for nationa? use and nen-uniferss covenants vath linmted variations by yx sihenion to constinie a wunform seewnty 3 grument covering real pppery. UNIFORM COV! NFS. Rowower nad Lender covenant and agreeas fallesws 1 Payment of Principal and imterest. Borower shall psy when due the principal of, and adgrest un, debi evidencud by the Nats, 2, Fayment of Property Charges, Flarower shall pay aif propery” sonatsting ef tancs naan Cots, flund ancl hazard insnranee promises, and special asseanenss ms ely wanner, and hall provh evidence of payment to Lerdac, tink Letter ays pee 3 charges by shholding finds fons monthly cht the Hiorrower or by charging suck payuneats to o fine of credit as pronaded (oe in thee Loss: Agsrmment a re, Flucd and thher Hsxard Insurance, Bare: HE insox suse tie s att the Treperty, whether now in existence or subsequently erected, agsinst any ke ards, casualties, d contingencnvs, imckading fire, THis inveratice shall be muistaiscd in the a aunts, 1 The sate 2 asi Be the pestods sequined By wy he Secretary of fe ag and Ur n Develon pent (Secretary?) Recrawer vhull also insure alf impos vements gn the Pesparty, whether now in exiviense or subsexpienily erected, aguina loss hy faces so the extent sequised by dhe ctary All ins ice shall be ar ed with ompanies wove by The nee policws and any sesersaiy shall be Gehl dy Lender and shall inetude loss peyztt le causes in favor of, and ms dons ace eptable te. Lande: Je the evant af loss, Bo: ver si ve Lender immedisie nice Sv awl. Lender tay make proof of lo ant nace promptly by Lerrower Hack snsurunce eoinpany cos sis tore Ny duties ved 5 cted > snake poysment for suck loge ty fender isstoud of to Boramses si 0; Lender jomtty surance procesds sh be apphed to Bou eis Pope? LEK syer=(eik>, 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 02 3:17 PM-23CV003131 0G372 - vi . restnathan ou fepaer ot the di syed De ay, he resiorakaan sep is ecoNO: Hy fess fe 3s seuminy pe spened, AP uy st Hig ssn eepRRE IS. scone mieatiy Feastbie of Lonsley’s seen Ry wan be loons edod 8 waswy one awed hi 3p; slice! thst to the on in ss de afin wos) Mate vocond Seourity fast gent hel} by the Secretary ve the Property an thes tes the of the indebie: 8 wader the Note and thes reuiily Eastrement, Any evouss ith psocnds aver an amount ragnred 10) ay atl anaishiadiny iadebtedmss under the Note thes Seoumsy Enirzment shal hy paid to Oye entity 4h rege y entide therely. Jn the even af forvetosuse of this Seeurity Hnarument or v Ne ot Paitiy to e Pau openly xiang abo omebtodaens, alt a ute and i wrest of Borrower mat ce ing noe fies af ee H past te purchaser, 4, Gecupancy, Presevation, Muintonanse and Protection of the Property: Borrower's Lon Agpliewtion: Lonschoks, ucower shally ocupy, establisn, ase Use the Proper ay Borrower’ pe goad est ws after she tne enon at thy ity sty ani. amd Boron se 2 att stone Raarswor Hf insnally m 0 thy one ner sar a Homnwers) hall contin to oveUpy Propesty Sista % prnvipal residence for the weem of the Semuery nyir en, | rincipal resisistoe” salt Rove Her s 00 58> fin: frome Ageooment tormwer shofl Rot commit waste oF desirary, daunage ov subutamte sigs ths Property ox tow the supe tO GesRIORRL reavonet! wens and teat excepted, Bormenet be dei fat forme, sing the aan appt ish PIOUS, BONE TH july false oy inace: Pa aformation ar 9 awats t9 Lender tor fared 1¢ rovidde Le iden wrt soy mterisl information) ia connents he haan evidenced hy the +t ding,D: on mnited {0, roprescamifini conceming Borrower's oecuipaney of Oe Pr sty aN a ine se sees Secuniy frstnument iy on a leas whald, Borrower shall comp ait the Lops of ae AY Bos sof aN ws fos tithe to tg Progeny, the feavekotd and fie tte: hall nur de Juntos Lede: + aprees to met os §, Charges i» Borrmier wid Protection ef Femder'y ‘Rages im the Froperty, Bermoser oks!! p government? rnusnicipal oars, fines andl empositions shes are 2 faded on Foragssph 2 Borower sits pe