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CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 1 of 40
IN THE COMMON PLEAS COURT
SUMMIT COUNTY, OHIO
Falls Catholic Credit Union, Inc.
Case No: CV-2023-04-1078
Plaintiff,
vs. Judge Joy M. Oldfield
Ronald G. Scheetz, et al.,
Parcel No. 46-04181
Defendants. Parcel No. 46-04182
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff moves this Court under Civil Rule 56(A) for summary judgment against Ronald G.
Borrowers and Kathleen S. Scheetz (collectively, the “Borrowers”). Plaintiff is entitled to
summary judgment because there are no genuine issues of material fact, because judgment is
appropriate as a matter of law, and because reasonable minds can come to but one conclusion in
this case, and that conclusion is adverse to the Borrowers. This motion is supported by the
attached memorandum and exhibits.
Respectfully submitted,
/s/Douglas A. Stephan
Douglas A. Stephan (0087313)
Michael D. Stultz (0082291)
Stultz & Stephan, Ltd.
P.O. Box 400
Tiffin, OH 44883
P: 419.447.5132 F: 419.447.5150
E: mds@stultzstephan.com
Attorneys for Plaintiff
This firm is a debt collector. We are attempting to collect a debt.
Any information obtained will be used for that purpose.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 2 of 40
MEMORANDUM IN SUPPORT
1 Introduction
A court should issue summary judgment if the pleadings on record show there is no genuine
issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
A party may not rest upon “mere allegations or denials” of the pleadings to defeat summary
judgment.”
Thus, as set forth in the attached Affidavit, Plaintiff’s claim is supported and valid.?_ The
Borrowers cannot provide any evidence—let alone appropriate summary judgment evidence —to
dispute any of the allegations set forth in the complaint. Accordingly, Plaintiff is entitled to
summary judgment on all its claims in this litigation.
2. The Material Facts
Plaintiffs claim in this litigation is based upon a loan that the Borrowers made to the
Plaintiff; and the Borrowers’ subsequent failure to repay that loan.*
The Borrowers issued and executed a $90,500 promissory note (the “Note” to Plaintiff on
October 7, 2005 (the “Loan”).5 The Borrowers secured the Note by pledging a mortgage (the
“Mortgage”) granting Plaintiff a security interest in property located in Summit County, Ohio
* See Civ. R. 56.
2 See Civ. R. 56(E).
* The Affidavit of Matthew A. Mecurio—Plaintiff’s Chief Executive Officer—is attached as Exhibit A.
4 See Exhibit A, 19 3, 9.
5 See Exhibit A, 7 3.
This firm is a debt collector. We are attempting to collect a debt.
Any information obtained will be used for that purpose.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 3 of 40
more accurately described in the Mortgage (the ““Property”).° The Mortgage was properly
recorded on October 13, 2005 as Instrument No. 55244984 in the Summit County, Ohio
Recorder’s office.’
The Note is in default because, among other reasons, the Borrowers failed to pay the loan
upon maturity.* The Borrowers’ failure to pay the Note as promised constitutes a default under
the Mortgage.?
Plaintiff, therefore, initiated this litigation against the Borrowers seeking foreclosure of the
Mortgage and sale of the Property. Plaintiff is entitled to judgment on its claim because the
Borrowers cannot dispute the material facts in this case and, as a matter of law, judgment is
appropriate against them
3 Law & Analysis
A. Standard of Review
Ohio Rule of Civil Procedure 56 provides that summary judgment must be entered if the
pleadings, depositions, answers to interrogatories, admissions, and affidavits on record show
there is no genuine issue as to any material fact and the moving party is entitled to judgment as a
matter of law. Furthermore, summary judgment is appropriate on the demonstration that:
(1) there is no genuine issue as to any material fact; (2) the moving party is entitled to judgment
as a matter of law; and (3) reasonable minds can come to but one conclusion, and that conclusion
© See Exhibit A, J 5, 6; Mortgage, p. 3.
7 See Mortgage, p. 1.
8 Exhibit A, J 9.
° Exhibit A, 7 9.
This firm is a debt collector. We are attempting to collect a debt.
Any information obtained will be used for that purpose.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 4 of 40
is adverse to the party against whom the motion for summary judgment is made.'°
The United States Supreme Court has held that “summary judgment is properly regarded
not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a
whole, which are designed to secure the just, speedy and inexpensive determination of every
action.” A principal purpose of summary judgment “is to isolate and dispose of factually
unsupported claims or defenses.” ?
Application of these standards to this case demonstrates that summary judgment should be
entered in favor of Plaintiff and against the Borrowers.
B. Plaintiff is entitled to summary judgment on the Mortgage because the default
under the Note constitutes a default under the Mortgage.
To obtain judgment in foreclosure in Ohio, the mortgage holder must show: (1) that a note
was executed and delivered; (2) that a mortgage was executed and delivered; (3) that the
mortgage was validly recorded; (4) there was a default; and (5) an established amount due.”
Plaintiff is entitled to judgment because it can establish each element of mortgage foreclosure.
The Borrowers granted the Mortgage to secure the Loan’s promissory note."* Further, the
Summit County, Ohio Recorder validly recorded the Mortgage on October 13, 2005 as
10 See Harless v. Willis Day Warehousing Co. 54 Ohio St.2d 64, 375 N.E.2d 46 (1978).
1 See Celotex Corp. v. Catrett (1986), 477 U.S. 317 (explicitly adopted in Wing v. Anchor Media, 59 Ohio St.3d 108, 570
N.E.2d 1095 (1991).
” See Celotex, supra at 323.
13 See Chase
Home Finance, L.L.C. v. Heft, 3rd Dist. Nos. 8-10-14 & 8-11-16, 2012-Ohio-876, ] 25.
4 See Exhibit A, 1 5; Mortgage, p. 2-3.
This firm is a debt collector. We are attempting to collect a debt.
Any information obtained will be used for that purpose.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 5 of 40
Instrument No. 55244984.'5 The Borrowers cannot point to any evidence to overcome those
facts. When loan documents are litigated, Ohio Revised Code 1303.36(A) requires a defendant to
specifically deny the authenticity of, authority to make, or signature of each instrument." If the
defendant fails to provide any specific evidence to challenge the validity of the loan documents,
then they are presumed to be authentic.!” As such, Ohio courts have routinely held that a
defendant’s general denial for a breach of contract of a loan document allegation is insufficient to
create an issue of fact as to the authenticity of the instrument"®
Thus, the Borrowers’ default under the Note constitutes a default under the Mortgage. The
Affidavit of Matthew D. Mecurio conclusively establishes the amount due under the Loan and
that as of the filing of this motion, that amount is due."®
Thus, as a matter of law, Plaintiff is entitled to judgment against the Borrowers under the
Mortgage on the issue of both liability and damages.
C. Conclusion
Plaintiff is entitled to summary judgment against the Borrowers on its claim for foreclosure
of the Mortgage because there are no material facts in dispute and applicable law entitles Plaintiff
to judgment. Thus, Plaintiff respectfully requests the Court enter summary judgment for the
relief prayed for in the complaint.
15 See Exhibit A, 1 5, 6; Mortgage, p. 1.
16 Ohio Rev. Code 1303.36(A).
14,
18 See, v. Dryden, 86 Ohio App. 3d 707, 621 N.E. 2d 1216 (4th Dist. 1993); CanDo Credit Unionv. Pollock,
2013-Ohio-3851 (6th Dist. 2013).
” See Exhibit A, J 10, 11.
This firm is a debt collector. We are attempting to collect a debt.
Any information obtained will be used for that purpose.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 6 of 40
Respectfully submitted,
/s/Douglas A. Stephan
Douglas A. Stephan (0087313)
Michael D. Stultz (0082291)
Stultz & Stephan, Ltd.
P.O. Box 400
Tiffin, OH 44883
P: 419.447.5132
F: 419.447.5150
E: mds@stultzstephan.com
Attorneys for Plaintiff
This firm is a debt collector. We are attempting to collect a debt.
Any information obtained will be used for that purpose.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 7 of 40
PROOF OF SERVICE
On October 6, 2023, I served a copy of the foregoing document on the following:
In accordance with Ohio Civil Rule 5(B)(2)(f):
Laura L. Peters
Assistant Attorney General
Laura.Peters@OhioAGO.gov
Counsel for State of Ohio, Department of Taxation
In accordance with Ohio Civil Rule 5(B)(2)(c):
Ronald G. Scheetz
2726 Wadsworth Road
Norton, OH 44203
Defendant
Kathleen S. Scheetz
2726 Wadsworth Road
Norton, OH 44203
Defendant
Courtesy copy to:
Bryan C. Barch
James M. Doran
Jonathan D. Engelke
5005 Rockside Road, Suite 230
Independence, OH 44131
/s/Douglas A. Stephan
Douglas A. Stephan (0087313)
Michael D. Stultz (0082291)
Stultz & Stephan, Ltd.
This firm is a debt collector. We are attempting to collect a debt.
Any information obtained will be used for that purpose.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 8 of 40
EXHIBIT A
AFFIDAVIT OF MATTHEW A. MECURIO
State of Ohio )
) ss:
County of Summit )
Matthew A. Mecurio, being first duly sworn, says:
1 Iam the CEO for Falls Catholic Credit Union, Inc.
2. I base the contents of this affidavit on my personal knowledge of the records that
the credit union keeps in the course of its regularly conducted business activities.
It is the credit union’s regular practice of its business activities to make and keep
those records.
On October 7, 2005, Ronald G. Scheetz and Kathleen S. Scheetz (collectively, the
“Borrowers”) issued a promissory note to the order of the credit union, promising
to pay the original amount of $90,500, plus interest, costs, and fees (the “‘Note”).
An accurate copy of the Note, with personal identifiers redacted, is attached as
Exhibit 1 and is a record that the credit union keeps in the regular practice of its
business.
To secure the payment and performance of the Note, the Borrowers granted
Plaintiff a mortgage on October 7, 2005 (the Mortgage”) concerning 2726
Wadsworth Road, Norton, Ohio (the “Property”).
The Summit County Recorder filed the Mortgage on October 13, 2005 as
Instrument No. 55244984.
A true and accurate copy of the Mortgage is attached as Exhibit 2 and is a record
that the credit union keeps in the regular practice of its business.
The credit union is in possession of and owns the Note and Mortgage, and - to the
best of my knowledge - no other person or entity is entitled to enforce the Note
and Mortgage.
The loan is in default because, among other reasons, the Borrowers failed to pay
the Note upon maturity.
{01239435.1 }
Sandra Kurt, Summit County Clerk of Courts
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10. An accounting evidencing the amounts owed under the Note is attached and
incorporated as Exhibit 3, which is a true and accurate computer system printout
of the Note’s payment history kept in the regular practice of business.
11 That the outstanding balance owed under the Note consists of the principal
amount of $64,515.76; accrued interest in the amount of $111.36; and interest on
the principal at the rate of 7.0% per annum from March 30, 2023.
MS o{ MM _s
MattHew A.Mecurio
CEO, Falls Catholic Credit Union, Inc.
Sworn to and subscribed before me this Ss day of Otahbe-2023.
Lheyse PE
‘Netary Public
pal At, THERESA A. STOTT
Zs re Notary Public, State of OHIO
a RESIDENT, SUMMI
T COUNTY
My Commission Expires
EOF
SEPTEMBER 17, 2028
{01239435.1 }
Sandra Kurt, Summit County Clerk of Courts
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EXHIBIT 1
BALLOON NOTE
(FIXED RATE)
Loan Number: 15803-53
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS
UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL,
THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU
MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER
YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU
REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF
THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU
OBTAIN REFINANCING FROM THE SAME LENDER.
OCTOBER 7TH, 2005 AKRON OHIO
[Date] [City] [State]
2726 WADSWORTH ROAD, NORTON, OHIO 44203
[Property Address]
1 BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 90,500.00 (this amount is
called “Principal”), plus interest, to the order of Lender. Lender is
FALLS CATHOLIC CREDIT UNION
I will make all payments under this Note in the form of cash, check or money order.
| understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the “Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will
pay interest at a yearly rate of 7.000 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default
described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the 13TH day of each month beginning on
NOVEMBER 13TH, 2005 | will make these payments every month until I have paid all of the principal
and interest and any other charges described below that I may owe under this Note. Each monthly
payment will be applied as of its scheduled due date and will be applied to interest before Principal.
If, on OCTOBER 13TH, 2015 , | still owe amounts under this Note, I will pay those amounts in full
on that date, which is called the “Maturity Date.”
I will make my monthly paymentsat 33 GRAHAM RD., CUYAHOGA FALLS, OH 44223
or at a different place if required by the Note Holder.
Form 3260 wor
KS
Initials:
MULTISTATE BALLOON FIXED RATE NOTE — Single Family - FANNIE MAE UNIFORM INSTRUMENT
A3260A EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM (page FoF 4 ene
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 11 of 40
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 602.10
4, BORROWER’S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of
Principal only is known as a “Prepayment.” When I make a Prepayment, | will tell the Note Holder in
writing that I am doing so. | may not designate a payment as a Prepayment if I have not made all the
onthly payments due under this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The
Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe under this Note.
However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the
Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I
make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly
payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with this loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits
will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I
owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction
will be treated as a partial Prepayment.
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
FIFTEEN (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The
amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will
pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default,
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount
of Principal which has not been paid and all the interest that I owe on that amount. That date must be at
least 30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in
full as described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder
will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the
extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’
fees.
MULTISTATE BALLOON FIXED RATE NOTE ~ Single Family - FANNIE MAE UNIFORM INSTRUMENT Form 3260 vot Initials: 4
Ss
A3260A EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM (page
2 of 4 pages)
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M ‘10/06/2023 13:20:13 PM MsjT Page 12 of 40
7 GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this
Note will be given by delivering it or by mailing it by first class mail to me at the Property Address
above or at a different address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if
I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of
the promises made in this Note, including the promise to pay the full amount owed. Any person who is
a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes
over these obligations, including the obligations of a guarantor, surety or endorser of the Note, is also
obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us
may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and
Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of
amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other
persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the
“Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses
that might result if I do not keep the promises that | make in this Note. That Security Instrument
describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
18, “Interest in the Property” means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed,
contract for deed, installment sales contract or escrow agreement, the intent of which is
the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or
transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is
sold or transferred) without Lender’s prior written consent, Lender may require
immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
HS
MULTISTATE BALLOON FIXED RATE NOTE ~ Single Family - FANNIE MAE UNIFORM INSTRUMENT Form 3260 01 Initials:
A3260/ EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM (page 3 of 4 pages)
RS
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 13 of 40
If Lender exercises this option, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the
notice is given in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
Roth
db detest (Seal) Hitti n £2 Abus (Seal)
RONALD G. SCHEETZ -Borrower "KATHLEEN S. SCHEETZ -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
MULTISTATE BALLOON FIXED RATE NOTE— Single Family - FANNIE MAE UNIFORM INSTRUMENT Form 3260 1/01 Initins:
5.
EAGLEDOCS- (800) 913-3627 - WWW.EAGLEDOCS.COM neo
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 14 of 40
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Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 15 of 40
on the Maturity Date (assuming my monthly payments then are current, as required under Section 2 above),
over the term of the New Note at the New Note Rate in equal monthly payments. The result of this
calculation will be the amount of my new principal and interest payment every month until the New Note is
fully paid.
5. EXERCISING THE CONDITIONAL REFINANCING OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Maturity Date and advise me
of the principal, accrued but unpaid interest, and all other sums I am expected to owe on the Maturity Date.
The Note Holder also will advise me that I may exercise the Conditional Refinancing Option if the conditions
in Section 2 above are met. The Note Holder will provide my payment record information, together with the
name, title and address of the person representing the Note Holder that I must notify in order to exercise the
Conditional Refinancing Option. If meet the conditions of Section 2 above, I may exercise the Conditional
Refinancing Option by notifying the Note Holder no Jater than 45 calendar days prior to the Maturity Date.
The Note Holder will calculate the fixed New Note Rate based upon Fannie Mae's applicable published
required net yield in effect on the date and time of day notification is received by the Note Holder and as
calculated in Section 3 above. | will then have 30 calendar days to provide the Note Holder with acceptable
proof of my required ownership. Before the Maturity Date the Note Holder will advise me of the new interest
rate (the New Note Rate), new monthly payment amount, and a date, time, and place at which I must appear
to sign any documents required to complete the required refinancing. | understand the Note Holder will
charge me a $250 processing fee and the costs associated with updating the title insurance policy, if any.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Balloon Note Addendum.
(Seal) NM,Aeon L : Sel)
RONALD G. SCHEETZ -Borrower KATHLEEN S. SCHEETZ -Borrower
(Seal) (Seal)
-Borrower Borrower
(Sign Original Only)
MULTISTATE BALLOON NOTE ADDENDUM- Single Family - Fannie Mae UNIFORM INSTRUMENT Form 3266 1/01 (rev. 9/01) (Page 2 of 2)
432664 EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM
Sandra Kurt, Summit County Clerk of Courts
CV-2023-04-1078 OLDFIELD, J OY M 10/06/2023 13:20:13 PM MsjT Page 16 of 40
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EXHIBIT 2
E
s ¢
‘Space Above This Line For Recording Data],
MORTGAGE
Loan Number: 15803-53
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated, OCTOBER 7TH, 2005
together with all Riders to this document.
(B) "Borrower" is RoNALD G. SCHEETZ AND KATHLEEN S. SCHEETZ, HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(c) "Lender" isFALLS CATHOLIC CREDIT UNION
Lender is a corporation organized and existing under the laws of THE STATE OF OHIO
Lender's address is 33 GRAHAM RD., CUYAHOGA FALLS, OH 44223
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated OCTOBER 7TH, 2005
The Note states that Borrower owes Lender
NINETY THOUSAND FIVE HUNDRED AND NO/100
Dollars (U.S. $ 90,500.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later thanOCTOBER 13TH, 2015
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
riders are to be executed by Borrower [check box as applicable]
DAdjustable Rate Rider CiCondominium Rider C1 Second Home Rider
[Balloon Rider (Planned Unit Development Rider CO Other(s) (specify)
(11-4 Family Rider (Biweekly Payment Rider
OHIO- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/01 (Rev. 2/02) (Page J of 15 pages) wat.
EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM.
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CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 1 of 40 IN THE COMMON PLEAS COURT SUMMIT COUNTY, OHIO Falls Catholic Credit Union, Inc. Case No: CV-2023-04-1078 Plaintiff, vs. Judge Joy M. Oldfield Ronald G. Scheetz, et al., Parcel No. 46-04181 Defendants. Parcel No. 46-04182 PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff moves this Court under Civil Rule 56(A) for summary judgment against Ronald G. Borrowers and Kathleen S. Scheetz (collectively, the “Borrowers”). Plaintiff is entitled to summary judgment because there are no genuine issues of material fact, because judgment is appropriate as a matter of law, and because reasonable minds can come to but one conclusion in this case, and that conclusion is adverse to the Borrowers. This motion is supported by the attached memorandum and exhibits. Respectfully submitted, /s/Douglas A. Stephan Douglas A. Stephan (0087313) Michael D. Stultz (0082291) Stultz & Stephan, Ltd. P.O. Box 400 Tiffin, OH 44883 P: 419.447.5132 F: 419.447.5150 E: mds@stultzstephan.com Attorneys for Plaintiff This firm is a debt collector. We are attempting to collect a debt. Any information obtained will be used for that purpose. Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 2 of 40 MEMORANDUM IN SUPPORT 1 Introduction A court should issue summary judgment if the pleadings on record show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A party may not rest upon “mere allegations or denials” of the pleadings to defeat summary judgment.” Thus, as set forth in the attached Affidavit, Plaintiff’s claim is supported and valid.?_ The Borrowers cannot provide any evidence—let alone appropriate summary judgment evidence —to dispute any of the allegations set forth in the complaint. Accordingly, Plaintiff is entitled to summary judgment on all its claims in this litigation. 2. The Material Facts Plaintiffs claim in this litigation is based upon a loan that the Borrowers made to the Plaintiff; and the Borrowers’ subsequent failure to repay that loan.* The Borrowers issued and executed a $90,500 promissory note (the “Note” to Plaintiff on October 7, 2005 (the “Loan”).5 The Borrowers secured the Note by pledging a mortgage (the “Mortgage”) granting Plaintiff a security interest in property located in Summit County, Ohio * See Civ. R. 56. 2 See Civ. R. 56(E). * The Affidavit of Matthew A. Mecurio—Plaintiff’s Chief Executive Officer—is attached as Exhibit A. 4 See Exhibit A, 19 3, 9. 5 See Exhibit A, 7 3. This firm is a debt collector. We are attempting to collect a debt. Any information obtained will be used for that purpose. Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 3 of 40 more accurately described in the Mortgage (the ““Property”).° The Mortgage was properly recorded on October 13, 2005 as Instrument No. 55244984 in the Summit County, Ohio Recorder’s office.’ The Note is in default because, among other reasons, the Borrowers failed to pay the loan upon maturity.* The Borrowers’ failure to pay the Note as promised constitutes a default under the Mortgage.? Plaintiff, therefore, initiated this litigation against the Borrowers seeking foreclosure of the Mortgage and sale of the Property. Plaintiff is entitled to judgment on its claim because the Borrowers cannot dispute the material facts in this case and, as a matter of law, judgment is appropriate against them 3 Law & Analysis A. Standard of Review Ohio Rule of Civil Procedure 56 provides that summary judgment must be entered if the pleadings, depositions, answers to interrogatories, admissions, and affidavits on record show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Furthermore, summary judgment is appropriate on the demonstration that: (1) there is no genuine issue as to any material fact; (2) the moving party is entitled to judgment as a matter of law; and (3) reasonable minds can come to but one conclusion, and that conclusion © See Exhibit A, J 5, 6; Mortgage, p. 3. 7 See Mortgage, p. 1. 8 Exhibit A, J 9. ° Exhibit A, 7 9. This firm is a debt collector. We are attempting to collect a debt. Any information obtained will be used for that purpose. Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 4 of 40 is adverse to the party against whom the motion for summary judgment is made.'° The United States Supreme Court has held that “summary judgment is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to secure the just, speedy and inexpensive determination of every action.” A principal purpose of summary judgment “is to isolate and dispose of factually unsupported claims or defenses.” ? Application of these standards to this case demonstrates that summary judgment should be entered in favor of Plaintiff and against the Borrowers. B. Plaintiff is entitled to summary judgment on the Mortgage because the default under the Note constitutes a default under the Mortgage. To obtain judgment in foreclosure in Ohio, the mortgage holder must show: (1) that a note was executed and delivered; (2) that a mortgage was executed and delivered; (3) that the mortgage was validly recorded; (4) there was a default; and (5) an established amount due.” Plaintiff is entitled to judgment because it can establish each element of mortgage foreclosure. The Borrowers granted the Mortgage to secure the Loan’s promissory note."* Further, the Summit County, Ohio Recorder validly recorded the Mortgage on October 13, 2005 as 10 See Harless v. Willis Day Warehousing Co. 54 Ohio St.2d 64, 375 N.E.2d 46 (1978). 1 See Celotex Corp. v. Catrett (1986), 477 U.S. 317 (explicitly adopted in Wing v. Anchor Media, 59 Ohio St.3d 108, 570 N.E.2d 1095 (1991). ” See Celotex, supra at 323. 13 See Chase Home Finance, L.L.C. v. Heft, 3rd Dist. Nos. 8-10-14 & 8-11-16, 2012-Ohio-876, ] 25. 4 See Exhibit A, 1 5; Mortgage, p. 2-3. This firm is a debt collector. We are attempting to collect a debt. Any information obtained will be used for that purpose. Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 5 of 40 Instrument No. 55244984.'5 The Borrowers cannot point to any evidence to overcome those facts. When loan documents are litigated, Ohio Revised Code 1303.36(A) requires a defendant to specifically deny the authenticity of, authority to make, or signature of each instrument." If the defendant fails to provide any specific evidence to challenge the validity of the loan documents, then they are presumed to be authentic.!” As such, Ohio courts have routinely held that a defendant’s general denial for a breach of contract of a loan document allegation is insufficient to create an issue of fact as to the authenticity of the instrument"® Thus, the Borrowers’ default under the Note constitutes a default under the Mortgage. The Affidavit of Matthew D. Mecurio conclusively establishes the amount due under the Loan and that as of the filing of this motion, that amount is due."® Thus, as a matter of law, Plaintiff is entitled to judgment against the Borrowers under the Mortgage on the issue of both liability and damages. C. Conclusion Plaintiff is entitled to summary judgment against the Borrowers on its claim for foreclosure of the Mortgage because there are no material facts in dispute and applicable law entitles Plaintiff to judgment. Thus, Plaintiff respectfully requests the Court enter summary judgment for the relief prayed for in the complaint. 15 See Exhibit A, 1 5, 6; Mortgage, p. 1. 16 Ohio Rev. Code 1303.36(A). 14, 18 See, v. Dryden, 86 Ohio App. 3d 707, 621 N.E. 2d 1216 (4th Dist. 1993); CanDo Credit Unionv. Pollock, 2013-Ohio-3851 (6th Dist. 2013). ” See Exhibit A, J 10, 11. This firm is a debt collector. We are attempting to collect a debt. Any information obtained will be used for that purpose. Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 6 of 40 Respectfully submitted, /s/Douglas A. Stephan Douglas A. Stephan (0087313) Michael D. Stultz (0082291) Stultz & Stephan, Ltd. P.O. Box 400 Tiffin, OH 44883 P: 419.447.5132 F: 419.447.5150 E: mds@stultzstephan.com Attorneys for Plaintiff This firm is a debt collector. We are attempting to collect a debt. Any information obtained will be used for that purpose. Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 7 of 40 PROOF OF SERVICE On October 6, 2023, I served a copy of the foregoing document on the following: In accordance with Ohio Civil Rule 5(B)(2)(f): Laura L. Peters Assistant Attorney General Laura.Peters@OhioAGO.gov Counsel for State of Ohio, Department of Taxation In accordance with Ohio Civil Rule 5(B)(2)(c): Ronald G. Scheetz 2726 Wadsworth Road Norton, OH 44203 Defendant Kathleen S. Scheetz 2726 Wadsworth Road Norton, OH 44203 Defendant Courtesy copy to: Bryan C. Barch James M. Doran Jonathan D. Engelke 5005 Rockside Road, Suite 230 Independence, OH 44131 /s/Douglas A. Stephan Douglas A. Stephan (0087313) Michael D. Stultz (0082291) Stultz & Stephan, Ltd. This firm is a debt collector. We are attempting to collect a debt. Any information obtained will be used for that purpose. Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 8 of 40 EXHIBIT A AFFIDAVIT OF MATTHEW A. MECURIO State of Ohio ) ) ss: County of Summit ) Matthew A. Mecurio, being first duly sworn, says: 1 Iam the CEO for Falls Catholic Credit Union, Inc. 2. I base the contents of this affidavit on my personal knowledge of the records that the credit union keeps in the course of its regularly conducted business activities. It is the credit union’s regular practice of its business activities to make and keep those records. On October 7, 2005, Ronald G. Scheetz and Kathleen S. Scheetz (collectively, the “Borrowers”) issued a promissory note to the order of the credit union, promising to pay the original amount of $90,500, plus interest, costs, and fees (the “‘Note”). An accurate copy of the Note, with personal identifiers redacted, is attached as Exhibit 1 and is a record that the credit union keeps in the regular practice of its business. To secure the payment and performance of the Note, the Borrowers granted Plaintiff a mortgage on October 7, 2005 (the Mortgage”) concerning 2726 Wadsworth Road, Norton, Ohio (the “Property”). The Summit County Recorder filed the Mortgage on October 13, 2005 as Instrument No. 55244984. A true and accurate copy of the Mortgage is attached as Exhibit 2 and is a record that the credit union keeps in the regular practice of its business. The credit union is in possession of and owns the Note and Mortgage, and - to the best of my knowledge - no other person or entity is entitled to enforce the Note and Mortgage. The loan is in default because, among other reasons, the Borrowers failed to pay the Note upon maturity. {01239435.1 } Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 9 of 40 10. An accounting evidencing the amounts owed under the Note is attached and incorporated as Exhibit 3, which is a true and accurate computer system printout of the Note’s payment history kept in the regular practice of business. 11 That the outstanding balance owed under the Note consists of the principal amount of $64,515.76; accrued interest in the amount of $111.36; and interest on the principal at the rate of 7.0% per annum from March 30, 2023. MS o{ MM _s MattHew A.Mecurio CEO, Falls Catholic Credit Union, Inc. Sworn to and subscribed before me this Ss day of Otahbe-2023. Lheyse PE ‘Netary Public pal At, THERESA A. STOTT Zs re Notary Public, State of OHIO a RESIDENT, SUMMI T COUNTY My Commission Expires EOF SEPTEMBER 17, 2028 {01239435.1 } Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 10 of 40 EXHIBIT 1 BALLOON NOTE (FIXED RATE) Loan Number: 15803-53 THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. OCTOBER 7TH, 2005 AKRON OHIO [Date] [City] [State] 2726 WADSWORTH ROAD, NORTON, OHIO 44203 [Property Address] 1 BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 90,500.00 (this amount is called “Principal”), plus interest, to the order of Lender. Lender is FALLS CATHOLIC CREDIT UNION I will make all payments under this Note in the form of cash, check or money order. | understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the 13TH day of each month beginning on NOVEMBER 13TH, 2005 | will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on OCTOBER 13TH, 2015 , | still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.” I will make my monthly paymentsat 33 GRAHAM RD., CUYAHOGA FALLS, OH 44223 or at a different place if required by the Note Holder. Form 3260 wor KS Initials: MULTISTATE BALLOON FIXED RATE NOTE — Single Family - FANNIE MAE UNIFORM INSTRUMENT A3260A EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM (page FoF 4 ene Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 11 of 40 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 602.10 4, BORROWER’S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, | will tell the Note Holder in writing that I am doing so. | may not designate a payment as a Prepayment if I have not made all the onthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default, (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. MULTISTATE BALLOON FIXED RATE NOTE ~ Single Family - FANNIE MAE UNIFORM INSTRUMENT Form 3260 vot Initials: 4 Ss A3260A EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM (page 2 of 4 pages) Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M ‘10/06/2023 13:20:13 PM MsjT Page 12 of 40 7 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of the Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that | make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. HS MULTISTATE BALLOON FIXED RATE NOTE ~ Single Family - FANNIE MAE UNIFORM INSTRUMENT Form 3260 01 Initials: A3260/ EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM (page 3 of 4 pages) RS Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 13 of 40 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED Roth db detest (Seal) Hitti n £2 Abus (Seal) RONALD G. SCHEETZ -Borrower "KATHLEEN S. SCHEETZ -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] MULTISTATE BALLOON FIXED RATE NOTE— Single Family - FANNIE MAE UNIFORM INSTRUMENT Form 3260 1/01 Initins: 5. EAGLEDOCS- (800) 913-3627 - WWW.EAGLEDOCS.COM neo Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 14 of 40 oe WOO'SDOGTTOVA'MAAS - LZ9E-£16 (008) - SPOGATOVA (Jo 1 980g) (10/6494) 10/1 997E WHHOG vostev LNAWMALSNI WUOSINA SEWN syuuUg - Ayumeg ofS -WAGNAGGV ALON NOOTIVE SLVISLLTAW. quaUuNysuy AyLnoag pue 9ION ayy JapUN amo [II | SUINS 19430 |]@ (9) snjd 4sasaqu! pyedun inq pansooe (q) sid ‘edroutsd predun ayy (e) 11ng ur Aedaa 0} wa!oysNs 9g []1M ey JUaLUAed AjyJUOU dtp Jo JUNOUTE ay} oULULIAIAP 11! 29p[OH] SION eu ‘paysies ase anoge Z UO!}99g U! 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OYM aUOXue JO Japuay] “UNpUEpPY SIY} pure (,JUOUINI|SU Aynoeg,, aut) poag Aitnoas Jo 4snay Jo paaq ‘oBeSuo| pareja aup “ION ayp JeysueN Aew Japudy] PuBIsJepun | «312 SION, 84} Pa|]eo St SION Of JO ep YL "HY SON, Alp palyeo S} ION ay UO payeys ayes ysasaqUl OY, °(,2ION,, BU) YIMa‘ay afep UaAe JO se poyep pue (,J2pUdT.,) NOINA LIGHYD DITIOHLYD STIVa JO JOARy Ut (,,JamouI0g,,) peudisiopun ay Xq epew ajoN Uoo|jeg ay} jewelddns pue puaure o} powlaap aq |[BYs pue OW! payerodsoouy s} pur $00Z ‘YadOLIO 50 Aep HLL sly} apewt st WAGNACCV 3LON NOOTIV4 SIHL €S-C08ST HOquinn we0T AONVNIGHA OL LHDTY TVNOILIGNOD) WNGNdddv ALON NOOTIVa Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, JOY M 10/06/2023 13:20:13 PM MsjT Page 15 of 40 on the Maturity Date (assuming my monthly payments then are current, as required under Section 2 above), over the term of the New Note at the New Note Rate in equal monthly payments. The result of this calculation will be the amount of my new principal and interest payment every month until the New Note is fully paid. 5. EXERCISING THE CONDITIONAL REFINANCING OPTION The Note Holder will notify me at least 60 calendar days in advance of the Maturity Date and advise me of the principal, accrued but unpaid interest, and all other sums I am expected to owe on the Maturity Date. The Note Holder also will advise me that I may exercise the Conditional Refinancing Option if the conditions in Section 2 above are met. The Note Holder will provide my payment record information, together with the name, title and address of the person representing the Note Holder that I must notify in order to exercise the Conditional Refinancing Option. If meet the conditions of Section 2 above, I may exercise the Conditional Refinancing Option by notifying the Note Holder no Jater than 45 calendar days prior to the Maturity Date. The Note Holder will calculate the fixed New Note Rate based upon Fannie Mae's applicable published required net yield in effect on the date and time of day notification is received by the Note Holder and as calculated in Section 3 above. | will then have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership. Before the Maturity Date the Note Holder will advise me of the new interest rate (the New Note Rate), new monthly payment amount, and a date, time, and place at which I must appear to sign any documents required to complete the required refinancing. | understand the Note Holder will charge me a $250 processing fee and the costs associated with updating the title insurance policy, if any. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Balloon Note Addendum. (Seal) NM,Aeon L : Sel) RONALD G. SCHEETZ -Borrower KATHLEEN S. SCHEETZ -Borrower (Seal) (Seal) -Borrower Borrower (Sign Original Only) MULTISTATE BALLOON NOTE ADDENDUM- Single Family - Fannie Mae UNIFORM INSTRUMENT Form 3266 1/01 (rev. 9/01) (Page 2 of 2) 432664 EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM Sandra Kurt, Summit County Clerk of Courts CV-2023-04-1078 OLDFIELD, J OY M 10/06/2023 13:20:13 PM MsjT Page 16 of 40 <7 EXHIBIT 2 E s ¢ ‘Space Above This Line For Recording Data], MORTGAGE Loan Number: 15803-53 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated, OCTOBER 7TH, 2005 together with all Riders to this document. (B) "Borrower" is RoNALD G. SCHEETZ AND KATHLEEN S. SCHEETZ, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (c) "Lender" isFALLS CATHOLIC CREDIT UNION Lender is a corporation organized and existing under the laws of THE STATE OF OHIO Lender's address is 33 GRAHAM RD., CUYAHOGA FALLS, OH 44223 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated OCTOBER 7TH, 2005 The Note states that Borrower owes Lender NINETY THOUSAND FIVE HUNDRED AND NO/100 Dollars (U.S. $ 90,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later thanOCTOBER 13TH, 2015 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower [check box as applicable] DAdjustable Rate Rider CiCondominium Rider C1 Second Home Rider [Balloon Rider (Planned Unit Development Rider CO Other(s) (specify) (11-4 Family Rider (Biweekly Payment Rider OHIO- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/01 (Rev. 2/02) (Page J of 15 pages) wat. EAGLEDOCS - (800) 913-3627 - WWW.EAGLEDOCS.COM. Nd i il MIM WI: Donefrie, Sum ficer p5244984