Preview
Hearing Date: 1/2/2024 1:30 PM
Location: Court Room 2806
Judge: Cocozza, Margaret) ean
FILED
11/2/2023 7:27 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2023CH09216
Calendar, 58
25060422
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
U.S. Bank National Association as Trustee for Structured
Asset Securities Corporation Mortgage Pass-Through
Certificates, Series 2005-7X S
PLAINTIFF
Nyo.2023CH09216
Vs.
9157 S Paulina Street
Nellie Harper; Mortgage Electronic Registration Systems, Chicago, IL 60620
Inc.; Unknown Owners and Nonrecord Claimants
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED
ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-7XS,
by and through its attorneys, CODILIS & ASSOCIATES, P.C., complaining of the defendants herein and, pursuant
to 735 ILCS 5/15-1101, states as follows:
1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a
mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants":
Nellie Harper; Mortgage Electronic Registration Systems, Inc.; Unknown Owners and Nonrecord Claimants
2. Attached as "EX HIBIT A" is a copy of the Mortgage. Attached as "EX HIBIT B" is a copy of the Note.
3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage.
(B) Date of the Mortgage: 2/3/2005
(C) Name of mortgagor(s):
Nellie Harper
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Residential Loan Centers
of America
(E) Date and Place of Recording or Registering:
2/15/2005
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 0504614108
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $153,000.00
(I) Both the legal description of the mortgaged real estate and the common address or other information
sufficient to identify it with reasonable certainty:
LOT 354 AND THE SOUTH 10 FEET OF LOT 355 IN CONKLIN AND AMES' ADDITION TO
BEVERLY HILLS, BEING A SUBDIVISION OF BLOCK 3 IN BISEL'S SUBDIVISION OF THE
SOUTH 1/2 OF THAT PART LYING EAST OF THE COLUMBUS, CHICAGO AND INDIANA
RAILROAD OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS
COMMONLY KNOWNAS: 9157 S Paulina Street
Chicago, IL 60620
TAX PARCEL NUMBER: 25-06-408-018-0000
25-06-408-019-0000
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest
and insurance for 06/01/2023, through the present; the Principal balance due on the Note and the Mortgage
is $103,555.76, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current
per diem is $30.50.
(K) Name of present owner(s) of said premises:
Nellie Harper
(L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real
estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff,
and any additional lien of the plaintiff which is sought to be terminated:
Mortgage Electronic Registration Systems, Inc., by virtue of a Mortgage executed by Nellie Harper, dated
February 3, 2005, and Recorded/registered on February 15, 2005 in the office of the Recorder/Registrar of
Deeds of Cook County, Illinois, as Document No. 0504614109, to secure a note in the principal sum of
$22,500.00;
(M) Names of defendants claimed to be personally liable for deficiency, if any:
Nellie Harper.
No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy
automatic stay or if their obligation is discharged in bankruptcy.
(N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15-
1208.
(O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor
or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise
submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure,
whichever is later, if sought:
The redemption period shall be determined pursuant to 735 ILCS 5/15-1603.
(P) Statement that the right of redemption has been waived by all owners of redemption: There has been no
executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded
from accepting such a waiver of redemption by the filing of this complaint.
(Q) Facts in support of request for attorneys' fees and of costs and expenses, if applicable: The subject
mortgage provides for payment of attomey fees, court costs, and expenses in the event of a default under the
mortgage.
(R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a
receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief
after the filing of the instant foreclosure action by separate petition if such relief is sought.
(S) Offerto the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction
of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of
an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the
filing of the instant foreclosure action.
(T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation
of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof:
Nellie Harper;
4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before
referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or
claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint
described, including but not limited to the following:
Unknown Owners and NonRecord Claimants, if any.
That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and
all such persons are therefore made party defendants to this action by the name and description of UNKNOWN
OWNERS and NONRECORD CLAIMANTS.
REQUEST FOR RELIEF
WHEREFORE, THE PLAINTIFF REQUESTS:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption period, if sought.
(iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the
Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed
liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not
received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay
at sale confirmation.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or appointing a receiver, if sought.
(vi) A judgment for attomeys' fees, costs and expenses, if sought.
(vii) For the appointment of a Selling Officer, if deemed appropriate by this court.
(viii) Such other and further relief as this court deems just.
U.S. Bank National Association as Trustee for Structured A sset Securities Corporation Mortgage Pass-Through
Certificates, Series 2005-7X S
BY: /s/ Matthew Naglewski
ARDC No. 6322722
CODILIS & ASSOCIATES, P.C.
One of its Attorneys
Codilis & Associates, P.C.
15W030 North Frontage Road, Suite 100
Burr Ridge, IL 60527
(630) 794-5300
pleadings@ il.cslegal.com
Cook #21762
14-23-06575
NOTE: This law firm is a debt collector.
A [ exsonacronuaron nacre
This Instrument Prepared By:
/
AINA
Doc#. 04614108
Eugene “q,
lene" Moore F;
After Recording Reraeho— Cook Coun ty Recorder of "ee: $66.00
‘LORN CENTERS
CF AVEFICA Date: 02/1 5/2 Deeds
5 08:40 AM Pg: 1 of 20
2350 E LEVON AVENE, SUTIFH31O
TES PLAINES, ILLINOIS 60018
ins 95-06" 408 -DIB :
fin 25-06~-403- Ora [Space Above This Line For Recording Data)
Loan Numvec: [ER MORTGAGE MAIL TO:
TT LAKESHORE TITLE AGENCY
1901 E. HIGGINS RD
ELK GROVE VILLAGE, IL 60007
DEFINITIONS File ae
defined in Sections 3, 11,
Words used in multiple sections of this document are defined below and other words are
used jn this document are also providedin Section 16.
13, 18, 20 and 21. Certain rules regarding the usage of words
3, 2005 , together
(A) "Security Instrument" means this document, which isdated FEBRUARY
with all Riders to this document.
(B) "Borrower" is NELLIE HARPER, AN UNMARRIED WOMAN
Borrower is the mortgagor under this Security Ins! ‘trument.
corporation that is acting
(C) "MERS" is Mortgage Electronic Registrati ion Systems, Inc. MERS is a separate
is the mortgag ee under this Security
solely as a nominee for Lender and Lender's successors and assigns. MERS
of Delaware, and has an address and telephone number
Instrument. MERS is organized and existing under the laws
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS .
@) “Lender”is RESIDENTIAL LOAN CENTERS OF AMERICA
organized
Lender isa CORPORATION
and existing under the laws of ILLINOIS
E DEVON AVENUE, SUITE#310, DES PLAINES,
Lender's address is 2350
ILLINOIS 60018
(E) "Note" means the promissory note signed by Borrower and dated
FEBRUARY 3, 2005
THOUSAND AND
The Note states that Borrower owes Lender ONE HUNDRED FIFTY-THREE ) plus interest.
Dollars (U.S. $153, 000.0 0
00/100
s and to pay the debt in full not later than
Borrower has promised to pay this deb «in regular Periodic Payment
MARCH 1, 2035 .
"Proper ty" means the propert y that is described below und heading "Transfer of Rights in the Property."
the er
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(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges apd late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(QD) "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}:
&K) Adjustable Rate Rider Ci) Condominium Rider O Second Home Rider
O Balloon Rider [| Planned Unit Development Rider EX] Other(s) [specify]
(0 1-4 Family Rider | Biweekly Payment Rider ADDENDUM TO ADJUSTABLE
RIDER, INTEREST ONLY
ADDENDUM TO RIDER
@ "Applicable Law" means all cortrolling applicable federal, state and local statutes, regulations, ordinances and
administrative rules und orders (that have the effect of Jaw) as well as all applicable final, non-appealable judicial
opinions.
go) “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.
GO “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an uccount. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automited clearinghouse transfers.
ad) "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) concemmation or other taking of all or any part of the Property; (iii) conveyance in
lieu of copdemnation; 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 noupayment of, or default on, the Loan.
(O) "Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), 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 avy 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 modifications
of the Note; and (ii) the perfomance of Bortower'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
sucoessors and assigns) and to the successors and assigns of MERS the following described property located in the
COUNTY of COOK
[Type of Recording Jurisdiction) [Name of Recording Jurisdiction}
SEE LEGAL DESCRIPTION & MADE A PART HEREOF AS EXHIBIT "A".
A.P.N. # 25-06-408-018 AND 25-06--408-019
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which currently has the address of 9157 S PAUL INA STREET
[Street]
» Winois 60620 ("Property Address"):
CHICAGO
[Zip Code]
{City}
TOGETHER WITH now or hereafter erected on the property, and all easements,
all the improvements
1 replacements and additions shall also be
appurtenances, and fixtures now or hereafter a part of the property. All
5 ty.”
as the “Proper
this Security Instrument
covered by this Security Instrument. All of the foregoing is referred to in by Borrowe r: in this Security
the interest s granted
Borrower understands and agrees that MERS. holds only legal title to
no: minee for Lender and Lender's successors
Instrument, but, if necessary to comply with law or custom, MERS (as to foreclose
, inclu but not limited to, the right
and assigns) has the right: to exercise any or all of those interests ding,
to, releasing and canceling
and sell the Property; and to take any action required of Lender including, but not limited
this Security Instrument.
conveyed and has the right
BORROWER COVENANTS that Borrower is Jaw! fully seised of the estate hereby
0 mortgage, grant and convey the Pr ‘operty and tbat the Property is une! cumbere d, except for encumbrances of
all claims and demands, subject
record. Borrower warrants and will defend generally the title to the Property against
to any eucumbrances of record.
m with
covenants
THIS SECURITY INSTRUME! NT combjnes uniform covenants for national use and non-unifor
real property.
limited variations by jurisdiction to constitute a uniform security instrument covering
as follows:
UNIFORM COVENANTS. Borrower and Lender covenant and agree
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall
and any prepayme nt charges and late
pay when due the principal of, and interest on, the debt evidenced by the Note Payment s due
pursuan t to Section 3.
charges due under the Note. Borrower shall also pay funds for Escrow Items
or other
currency . However , if any check
under the Note and this Security Instrument shall be made in U.S.
to Lender unpaid,
instrument received by Lender as payment under the Note o: r this Security Instrume nt is returned
Security Instrument be made in
Lender may require that any or all subsequent payments due under the Note and this
order; (c) certified check, bank check,
cone or more of the following forms, as selectedby Lender: (a) cash; (©) money
s check, provided any such check is drawn upon an. institution whose
deposits are insured
treasurer’s check or casbier'
.
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer
by
ed Lender when received at the location designate d in the Note or at such other
Payments are deemed receiv
provisions in Section 15. Lender may return
location as may be designated by Lender in acco! dance with the notice Loan current. Lender
s are insufficient to bring the
any payment or partial payment if the payment or parti al payment
Loan curreat, without waiver of any rights
may accept any payment or partial. payment insufficient to bring the future, but Lender is not
‘al payment s in the
hereunder or prejudice to its rights to refuse such payment or parti c Paymen t is applied as of
ted. If each Periodi
obligated to apply such payments at the time such payments are accept hold such unapplied funds
lied funds. Lender may
its scheduled due date, then Lender need not pay interest onunapp a reason able period of
current. If Borrower does not do so within
until Borrower makes payment to bring the Loan
time, Lender shall either apply suich funds or re urn them to
Borrower. Jf not applied earlier, such funds will be
tely prior to foreclosure. No offset or claim
applied to the outstanding privcipal balance unde: ¢ the Note immedia
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which Borrower might have now or iri the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts duc 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. If
more than one Periodic Payment is cutstanding, 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, itisurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Jtems. 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 stound 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 originationor at any time during the term of the Loan, Lender may require
that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid
under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
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 amy time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when avd 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 tévocation, 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 Lender to 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.
or
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumenuality,
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shal] 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 is made in writing or Applicable Law requires interest to be paid on the Funds,
and Lender can agree
Lender shall not be required to pay 3orrower any interest or earnings on the Funds. Borrower
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in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge,
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds he.d in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there isa shortage of Funds heldin escrow, as defined under RESPA,
Lender shall notify Borrower as requiredby RESPA, and Borrower shall pay to Lender the ammount necessary to make
up the shortage in accordance with RIESPA, but in no more than 12 monthly payments. If there is a deficiency of
‘unds 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 lien 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 is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings whichin 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 satisty the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property 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 sertences can change during the term of the Loan. The insurance cater providing
the insurance shall be chosenby Borrower subject to Lender's right to disapprove Borrower's choice, which right shall
not be exercised unreasonably. Lend:-r may require Borrower to pay, in connection with this Loan, either: (a) a one-
time charge for flood zone determination, certification and wacking 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 shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
{f 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 amouars disbursed
by Lender under this Section$ 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 renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
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form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
Tn the event of loss, Borrower sball give prompt notice to the insurance carrier and Lender. Lender may make
proof of Joss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if dhe restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance procceds until Lender
bas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall te undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender sball not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such insurance proceecls shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's rigits to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrwnent, and (b) any other of Borrower's rights (other than the right to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid wader the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument
and shall continue to occupy the Property as Borrower's
principal residence for at least one yeur after the date of occupancy, unless Lender otherwise agrees in writing, which
consent shall not be unreasonably withhcld, or unless extenuating circumstances exist which ate beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorute or commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is pot economically feasible, Borrower sball promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall be tesponsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair
or restoration.
Lender or its agent nay make reasonable entries upon and inspections of the Property. Ifithas reasonable cause,
Lender may inspect the interior of ths improvements on the Property. Lender shall give Borrower notice at the time
of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Applic ion. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities ing at the direction of Borrower or with Borrower's knowledge or consent gave
materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
material information) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
ILLINOIS--Singic Family--Fannie Mae/Freddio Mac UNIFORM (NSTRUMENT - MERS DocMagic Carns 800-549-1362
Form 3014 1/01 Page 6 of 14 wwrw.decmagic.com
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0504614108 Page: 7 of 22"
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9. Protection of Lender’: 's Interest in the Property and Rights Under this Security Instrume
this Securit y Instrum ent, (b) there is a legal
Borrower fails to perform the covenants and agreements containe: d in Security Instrument
Property and/or rights under this
proceeding that might significantly affect Lender's interestin the
(such as a proceeding in bankruptcy, probate, for condemnat
Preview
Hearing Date: 1/2/2024 1:30 PM Location: Court Room 2806 Judge: Cocozza, Margaret) ean FILED 11/2/2023 7:27 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2023CH09216 Calendar, 58 25060422 Cook County #21762 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION U.S. Bank National Association as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-7X S PLAINTIFF Nyo.2023CH09216 Vs. 9157 S Paulina Street Nellie Harper; Mortgage Electronic Registration Systems, Chicago, IL 60620 Inc.; Unknown Owners and Nonrecord Claimants DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-7XS, by and through its attorneys, CODILIS & ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows: 1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants": Nellie Harper; Mortgage Electronic Registration Systems, Inc.; Unknown Owners and Nonrecord Claimants 2. Attached as "EX HIBIT A" is a copy of the Mortgage. Attached as "EX HIBIT B" is a copy of the Note. 3. Information concerning said Mortgage: (A) Nature of the instrument: Mortgage. (B) Date of the Mortgage: 2/3/2005 (C) Name of mortgagor(s): Nellie Harper (D) Name of the original mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Residential Loan Centers of America (E) Date and Place of Recording or Registering: 2/15/2005 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 0504614108 (G) Interest subject to the mortgage: Fee Simple. (H) Amount of original indebtedness: (1) Original Indebtedness: $153,000.00 (I) Both the legal description of the mortgaged real estate and the common address or other information sufficient to identify it with reasonable certainty: LOT 354 AND THE SOUTH 10 FEET OF LOT 355 IN CONKLIN AND AMES' ADDITION TO BEVERLY HILLS, BEING A SUBDIVISION OF BLOCK 3 IN BISEL'S SUBDIVISION OF THE SOUTH 1/2 OF THAT PART LYING EAST OF THE COLUMBUS, CHICAGO AND INDIANA RAILROAD OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS COMMONLY KNOWNAS: 9157 S Paulina Street Chicago, IL 60620 TAX PARCEL NUMBER: 25-06-408-018-0000 25-06-408-019-0000 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest and insurance for 06/01/2023, through the present; the Principal balance due on the Note and the Mortgage is $103,555.76, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current per diem is $30.50. (K) Name of present owner(s) of said premises: Nellie Harper (L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff, and any additional lien of the plaintiff which is sought to be terminated: Mortgage Electronic Registration Systems, Inc., by virtue of a Mortgage executed by Nellie Harper, dated February 3, 2005, and Recorded/registered on February 15, 2005 in the office of the Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 0504614109, to secure a note in the principal sum of $22,500.00; (M) Names of defendants claimed to be personally liable for deficiency, if any: Nellie Harper. No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy automatic stay or if their obligation is discharged in bankruptcy. (N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15- 1208. (O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure, whichever is later, if sought: The redemption period shall be determined pursuant to 735 ILCS 5/15-1603. (P) Statement that the right of redemption has been waived by all owners of redemption: There has been no executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded from accepting such a waiver of redemption by the filing of this complaint. (Q) Facts in support of request for attorneys' fees and of costs and expenses, if applicable: The subject mortgage provides for payment of attomey fees, court costs, and expenses in the event of a default under the mortgage. (R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief after the filing of the instant foreclosure action by separate petition if such relief is sought. (S) Offerto the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the filing of the instant foreclosure action. (T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof: Nellie Harper; 4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, including but not limited to the following: Unknown Owners and NonRecord Claimants, if any. That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS and NONRECORD CLAIMANTS. REQUEST FOR RELIEF WHEREFORE, THE PLAINTIFF REQUESTS: (i) A judgment of foreclosure and sale. (ii) An order granting a shortened redemption period, if sought. (iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay at sale confirmation. (iv) An order granting possession, if sought. (v) An order placing the mortgagee in possession or appointing a receiver, if sought. (vi) A judgment for attomeys' fees, costs and expenses, if sought. (vii) For the appointment of a Selling Officer, if deemed appropriate by this court. (viii) Such other and further relief as this court deems just. U.S. Bank National Association as Trustee for Structured A sset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-7X S BY: /s/ Matthew Naglewski ARDC No. 6322722 CODILIS & ASSOCIATES, P.C. One of its Attorneys Codilis & Associates, P.C. 15W030 North Frontage Road, Suite 100 Burr Ridge, IL 60527 (630) 794-5300 pleadings@ il.cslegal.com Cook #21762 14-23-06575 NOTE: This law firm is a debt collector. A [ exsonacronuaron nacre This Instrument Prepared By: / AINA Doc#. 04614108 Eugene “q, lene" Moore F; After Recording Reraeho— Cook Coun ty Recorder of "ee: $66.00 ‘LORN CENTERS CF AVEFICA Date: 02/1 5/2 Deeds 5 08:40 AM Pg: 1 of 20 2350 E LEVON AVENE, SUTIFH31O TES PLAINES, ILLINOIS 60018 ins 95-06" 408 -DIB : fin 25-06~-403- Ora [Space Above This Line For Recording Data) Loan Numvec: [ER MORTGAGE MAIL TO: TT LAKESHORE TITLE AGENCY 1901 E. HIGGINS RD ELK GROVE VILLAGE, IL 60007 DEFINITIONS File ae defined in Sections 3, 11, Words used in multiple sections of this document are defined below and other words are used jn this document are also providedin Section 16. 13, 18, 20 and 21. Certain rules regarding the usage of words 3, 2005 , together (A) "Security Instrument" means this document, which isdated FEBRUARY with all Riders to this document. (B) "Borrower" is NELLIE HARPER, AN UNMARRIED WOMAN Borrower is the mortgagor under this Security Ins! ‘trument. corporation that is acting (C) "MERS" is Mortgage Electronic Registrati ion Systems, Inc. MERS is a separate is the mortgag ee under this Security solely as a nominee for Lender and Lender's successors and assigns. MERS of Delaware, and has an address and telephone number Instrument. MERS is organized and existing under the laws of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS . @) “Lender”is RESIDENTIAL LOAN CENTERS OF AMERICA organized Lender isa CORPORATION and existing under the laws of ILLINOIS E DEVON AVENUE, SUITE#310, DES PLAINES, Lender's address is 2350 ILLINOIS 60018 (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 3, 2005 THOUSAND AND The Note states that Borrower owes Lender ONE HUNDRED FIFTY-THREE ) plus interest. Dollars (U.S. $153, 000.0 0 00/100 s and to pay the debt in full not later than Borrower has promised to pay this deb «in regular Periodic Payment MARCH 1, 2035 . "Proper ty" means the propert y that is described below und heading "Transfer of Rights in the Property." the er () M INSTRUMENT - MERS: DoeMagic Gara 200-649-1362 ILLINOIS--Single Family--Fannie Mae/F Freddie Mac UNIFOR age 1 of 14 ww.docmagic.com | oe Form 3014 1 BI 311 BrousexeT-Hods Wes ol $0-€0-d34 1 ‘an lll lta a BS “A4 ciate —_—_—_— 0504614108 Page: 2 of 22 a ig (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges apd late charges due under the Note, and all sums due under this Security Instrument, plus interest. (QD) "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}: &K) Adjustable Rate Rider Ci) Condominium Rider O Second Home Rider O Balloon Rider [| Planned Unit Development Rider EX] Other(s) [specify] (0 1-4 Family Rider | Biweekly Payment Rider ADDENDUM TO ADJUSTABLE RIDER, INTEREST ONLY ADDENDUM TO RIDER @ "Applicable Law" means all cortrolling applicable federal, state and local statutes, regulations, ordinances and administrative rules und orders (that have the effect of Jaw) as well as all applicable final, non-appealable judicial opinions. go) “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. GO “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an uccount. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automited clearinghouse transfers. ad) "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) concemmation or other taking of all or any part of the Property; (iii) conveyance in lieu of copdemnation; 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 noupayment of, or default on, the Loan. (O) "Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), 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 avy 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 modifications of the Note; and (ii) the perfomance of Bortower'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 sucoessors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY of COOK [Type of Recording Jurisdiction) [Name of Recording Jurisdiction} SEE LEGAL DESCRIPTION & MADE A PART HEREOF AS EXHIBIT "A". A.P.N. # 25-06-408-018 AND 25-06--408-019 ILLINOIS--Single Family--Fannie Mae/Froddie Mac UNIFORM INSTRUMENT - MERS DocMagic Carrs sc0.049-1382 Form 3014 1/0 Page 2 of 14 www.dacmagic.com 8/311 e2oysexe-Hoyd WIZ:0t $0-€0-€34 nace So essen 7 0504614108 Page: 3 of 22 oe vey which currently has the address of 9157 S PAUL INA STREET [Street] » Winois 60620 ("Property Address"): CHICAGO [Zip Code] {City} TOGETHER WITH now or hereafter erected on the property, and all easements, all the improvements 1 replacements and additions shall also be appurtenances, and fixtures now or hereafter a part of the property. All 5 ty.” as the “Proper this Security Instrument covered by this Security Instrument. All of the foregoing is referred to in by Borrowe r: in this Security the interest s granted Borrower understands and agrees that MERS. holds only legal title to no: minee for Lender and Lender's successors Instrument, but, if necessary to comply with law or custom, MERS (as to foreclose , inclu but not limited to, the right and assigns) has the right: to exercise any or all of those interests ding, to, releasing and canceling and sell the Property; and to take any action required of Lender including, but not limited this Security Instrument. conveyed and has the right BORROWER COVENANTS that Borrower is Jaw! fully seised of the estate hereby 0 mortgage, grant and convey the Pr ‘operty and tbat the Property is une! cumbere d, except for encumbrances of all claims and demands, subject record. Borrower warrants and will defend generally the title to the Property against to any eucumbrances of record. m with covenants THIS SECURITY INSTRUME! NT combjnes uniform covenants for national use and non-unifor real property. limited variations by jurisdiction to constitute a uniform security instrument covering as follows: UNIFORM COVENANTS. Borrower and Lender covenant and agree 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall and any prepayme nt charges and late pay when due the principal of, and interest on, the debt evidenced by the Note Payment s due pursuan t to Section 3. charges due under the Note. Borrower shall also pay funds for Escrow Items or other currency . However , if any check under the Note and this Security Instrument shall be made in U.S. to Lender unpaid, instrument received by Lender as payment under the Note o: r this Security Instrume nt is returned Security Instrument be made in Lender may require that any or all subsequent payments due under the Note and this order; (c) certified check, bank check, cone or more of the following forms, as selectedby Lender: (a) cash; (©) money s check, provided any such check is drawn upon an. institution whose deposits are insured treasurer’s check or casbier' . by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer by ed Lender when received at the location designate d in the Note or at such other Payments are deemed receiv provisions in Section 15. Lender may return location as may be designated by Lender in acco! dance with the notice Loan current. Lender s are insufficient to bring the any payment or partial payment if the payment or parti al payment Loan curreat, without waiver of any rights may accept any payment or partial. payment insufficient to bring the future, but Lender is not ‘al payment s in the hereunder or prejudice to its rights to refuse such payment or parti c Paymen t is applied as of ted. If each Periodi obligated to apply such payments at the time such payments are accept hold such unapplied funds lied funds. Lender may its scheduled due date, then Lender need not pay interest onunapp a reason able period of current. If Borrower does not do so within until Borrower makes payment to bring the Loan time, Lender shall either apply suich funds or re urn them to Borrower. Jf not applied earlier, such funds will be tely prior to foreclosure. No offset or claim applied to the outstanding privcipal balance unde: ¢ the Note immedia iM INSTRUMENT - MERS: DocMagic ERRTNS 505-649-1362 ILLINOIS--Single Family—Fannic Mae/Freddie Mac UNIFORI age 3 of 14 ww.docmagic.com Form 3014 1/01 BI!) s2ouserxey-HOYs WIZ:OL $0-€0-€34 aindaak ie 2 > satus —_ 0504614108 Page: 4 of 22 me which Borrower might have now or iri the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts duc 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. If more than one Periodic Payment is cutstanding, 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, itisurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Jtems. 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 stound 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 originationor at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's 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 amy time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when avd 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 tévocation, 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 Lender to 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. or The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumenuality, entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shal] 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 is made in writing or Applicable Law requires interest to be paid on the Funds, and Lender can agree Lender shall not be required to pay 3orrower any interest or earnings on the Funds. Borrower ILLINOIS--Single Family—Fannia Mae/Freddie Mac UNIFORM INSTRUMENT - MERS: DocMagic GFarrms 8c0-549-1962 Form 2014 1/01 Pago 4 of www.docmagic.com 813! J0usexe7-Hous Wi2:ot G0-€0-a34 Sabina atic _ co sani 0504614108 Page: 5 of 22 me in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, annual accounting of the Funds as required by RESPA. If there is a surplus of Funds he.d in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there isa shortage of Funds heldin escrow, as defined under RESPA, Lender shall notify Borrower as requiredby RESPA, and Borrower shall pay to Lender the ammount necessary to make up the shortage in accordance with RIESPA, but in no more than 12 monthly payments. If there is a deficiency of ‘unds 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 lien 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 is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings whichin 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 satisty the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property 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 sertences can change during the term of the Loan. The insurance cater providing the insurance shall be chosenby Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lend:-r may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and wacking 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 shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. {f 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 amouars disbursed by Lender under this Section$ 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 renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any ILLINOIS--Single Family--Fennie Mao/Freddio Mac UNIFORM INSTRUMENT - MERS OocMagic EFaraz 900-629-1902 Form 3014 1, Page of 14 www.dacmagic.com ee 8131) eoysexe7-ous WyL2:0t G0-€0-a34 ~ 0504614108 Page: 6 of 22 form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. Tn the event of loss, Borrower sball give prompt notice to the insurance carrier and Lender. Lender may make proof of Joss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if dhe restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance procceds until Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall te undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender sball not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceecls shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rigits to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrwnent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid wader the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one yeur after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withhcld, or unless extenuating circumstances exist which ate beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorute or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is pot economically feasible, Borrower sball promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be tesponsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent nay make reasonable entries upon and inspections of the Property. Ifithas reasonable cause, Lender may inspect the interior of ths improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Applic ion. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities ing at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. ILLINOIS--Singic Family--Fannie Mae/Freddio Mac UNIFORM (NSTRUMENT - MERS DocMagic Carns 800-549-1362 Form 3014 1/01 Page 6 of 14 wwrw.decmagic.com @ 1311 e0ysexe7-Houd W22:01 $0-€0-833 sind ke ~ sthedicdlinbiness 0504614108 Page: 7 of 22" nt. Tf (@) 9. Protection of Lender’: 's Interest in the Property and Rights Under this Security Instrume this Securit y Instrum ent, (b) there is a legal Borrower fails to perform the covenants and agreements containe: d in Security Instrument Property and/or rights under this proceeding that might significantly affect Lender's interestin the (such as a proceeding in bankruptcy, probate, for condemnat