Legal Document: CARRINGTON MORTGAGE SERVICES, LLC v. ANTHONY W. WISE A/K/A ANTHONY WISE

On December 07, 2023 a Complaint/Equivalent Pleading Filed - COMPLAINT ON PROMISSORY NOTE AND TO FORECLOSE MORTGAGE was filed involving a dispute between Carrington Mortgage Services, Llc, and Wise A K A Anthony Wise, Anthony W., for MF - Mortgage Foreclosure in the District Court of Lake County.

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45D 10-2312-MF-000774 Filed: 12/7/2023 2:41 PM
Clerk
ava Division 6
Lake Superior Court, Civil Lake County, Indiana

STATE OF INDIANA INTHE LAKE COURT

COUNTY OF LAKE CAUSE NO.

CARRINGTON MORTGAGE SERVICES,
LLC

Plaintiff,

ANTHONY W. WISE
A/K/A ANTHONY WISE

Defendant.

COMPLAINT ON PROMISSORY NOTE
AND TO FORECLOSE MORTGAGE

FIRST COUNT

Now Comes Plaintiff, Carrington Mortgage Services, LLC, by counsel, and for its cause

of action against Defendant, states as follows:

1 AnthonyW. Wise a/k/a Anthony Wise is the current fee simple owner of the

following described real property located in Lake County, Indiana, by virtue of the Warranty
Deed

recorded on September 9, 2020, as Instrument No. 2020-062263:

LEGAL DESCRIPTION IS ATTACHED HERETO AS EXHIBIT “A”

Commonly Known As: 423 E Hilltop Ct, Lowell, IN 46356

2. Pursuantto IC 26-1-3.1-301(1), Plaintiff is entitledto enforve a certain Promissory

Note executed on or about August 24, 2020, by Anthony W. Wise a/k/a Anthony Wise, promising

to pay the sum of $186,459.00. A true and accurate
copy of the Note owned by Plaintiff is attached

hereto
as Exhibit “B.”

3. Anthony W. Wise a/k/a Anthony Wise defaulted on the above-referenced Note, by

among other things, failing
to pay the required monthly paymentsof principal and interest.

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4. By reason of said default in payment on said note, Plaintiff
has declared said debt

due upon which there is now due the principal amountof $174,647.14 together
with interest at the

contract rate of 2.75% per annum, plus late charges, escrow advances, the costs of this action,

reasonable attomey fees, and other expenses incurred as a result of the default on the loan.

5. Plaintiff has properly accelerated the loan pursuant to the terms of the Note and has

called due the entire unpaid principal balance
owed thereon, satisfying
all conditions precedent to

the filing of this complaint, including, but not limited to mailing the notice of acceleration and all

stabutorily required notices to all parties who executed the promissory note.

SECOND COUNT

6. Plaintiff incorporates herein by reference all of the allegations contained in its first

count, and further says that it is entitled to enforce a certain mortgage
deed, securing
the payment

of said promissory note which was properly recorded on September 8, 2020, as Instrument No.

2020-062264 in Lake County, Indiana, thereby making it a valid first mortgage lien against the

subject property. A true and accurate
copy of said Mortgage and the Assignment of Mortgage are

attached hereto as Exhibit “C.”

7. Plaintiff says that the conditions in said mortgage have been broken by reason of

default
in payment, that the same has become absolute, and that Plaintiff has the right to foreclose

on the subject property.

8. Plaintiff
says that, pursuant
to the covenants and conditions of said mortgage
deed,

it may, from time to time during the pendency of this action, advance
sums including, but not

necessarily limited to real estate taxes, hazard insurance premiums, and property protection.

9. Plaintiff states that, except as set forth above, there are no other liens or

encumbrances against subject property known except that of the Treasurerof Lake County forunpaid

teal property taxes and certified liens afforded priority over other liens and Mortgages by statute.

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10. Onorabout September6, 2023, the pre-suit notice regarding foreclosure prevention

required by IC 32-30-10.5-8 was mailed to Anthony W. Wise a/k/a Anthony Wise, via certified

mail. A copy of the notice, with proof of its certified mailing, is attached hereto as Exhibit “D.”

11. Plaintiff’ s counsel has prepared the Summons and Complaint so that a copy of the

Notice regarding the availability of settlement conferences required by IC 32-30-10.5-8 should be

received with a copy of the Complaint.

WHEREFORE, Plaintiff prays the Court forjudgment as follows:

1 That Plaintiff recover a Personal Judgment against the Defendant, Anthony W.

Wise a/k/a Anthony Wise, in the principal amount of $174,647.14 together
with interest at the rate

of 2.75%, late charges, escrow advances, the costs of this action, reasonable attomey fees, and

other expenses incurred as a result of the default on the loan.

2. That Plaintiff's Mortgage on the subject property be foreclosed as a valid first

mortgage lien and be held superior to all rights, title, and interest in and to the subject property

claimed by the Defendants
herein.

3. That any interest the Defendants may have in the subject property be extinguished,

and that the equity of redemption of said Defendants be foreclosed and barred after the redemption

period
has expired.

4. That after the stay of execution period expires, Plaintiff files a praecipe for sale,

and the notice requirements of Indiana Code §32-29-7-3 have been satisfied the Sheriff of this

County be ordered to:

a Sell the subject property without relief from valuation or appraisement laws

and without right of redemption;

b. Execute and deliver to the purchaser of the subject property a Deed of

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Conveyance and deliver possession of the subject property to said

purchaser;
and

Cc. Apply
the proceeds of the sale pursuantto Indiana
Code §32-30-10-14.

And all other relief just and proper in the premises.

Respectfully Submitted,

/s/ Brian K. Tekulve
LOGS Legal Group LLP
Brian K. Tekulve (30882-49)
4805 Montgomery Road, Suite 320
Norwood, OH 45212
Phone: (513) 396-8100
Fax: (847) 627-8805
Email: btekulve@logs.com

I certify that the foregoing document complies with Indiana Trial Rule 5(G) with regard to
information excluded from Public Record by Administrative Rule 9(G).

/s/ Brian K. Tekulve
Brian K. Tekulve (30882-49)

*NOTE: The documents attached hereto may have been redacted to remove non-public
personal information
such as financial account information, social security numbers, dates
of birth, and similar information to protect the privacy of the parties named herein.

23-047569 Complaint Page
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EXHIBITA
LEGAL DESCRIPTION

LOT 12 IN RESUBDIVISION OF LOTS 1, 2, 3 AND 4, BLOCK NO. 3, FOREST HILLS
ADDITION, INTHE TOWN OF LOWELL, AS PER PLAT THEREOF, RECORDED IN
PLAT BOOK 32 PAGE 70, IN THE OFFICE OF THE RECORDER OF LAKE COUNTY,
INDIANA.
EXHIBIT
B

NOTE
a
August 24, 2020 Lowell, Indiana
[Date] [City] [State]
423 E Hilltop Ct, Lowell, IN 46356
[Property Address]

1 BORROWER'S PROMISE TO PAY
In return for a loan that I have received, | promise to pay U.S. $186,459.00 (this amount is called "Principal’),
plus erest, to the order of the Lender. The Lender is. University Lending Group, LLC, a Limited Liabil
Company.
| will make all payments under this Note in the form of cash, check or money order.
lunderstand that the Lender may transfer this Note, The 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. | will pay interest at 2
yearly rate of 2.750 %.
‘The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section
6(8) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
J will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on October 4, 2020.
will make these payments every month until I have paid all of the principal and interest and any other charges described
below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to interest and any other items in the order described in the Security Instrument before Principal. If, on
September 1, 2050, | still owe amounts under this Note, | will pay those amounts in full on that date, which is
called the "Maturity Date.”
Twill make my monthly payments at P.O. Box 188
Houghton, MI 49931
or at a different place if required by the Note Holder.
) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $764.20.
4, BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known
aa "Prepayment." When I make a Prepayment, Iwill tell the Note Holder in writing that | am doing so. | may not designate
a payment as a Prepayment if| have not made all the monthly payments due under the Note.
Imay make a full Prepayment or partial Prepayments without paying a 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 the Note. If | 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 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
{oan charge shail be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from me ‘exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Principal | 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 Charge for Overdue Payments:
If the Note Holder has not received the full amount of any monthly payment by the end of 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 4.000 % of my overdue
Payment of principal and interest. | will pay this late charge promptly but only once on each late payment.

(8) Default
IF do not pay the full amount of each monthly paymenton the date itis due, | will be in defauit,
(C) Notice of Default
IF am in default, the Note Holder may send me a written notice telling me that if | 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
MULTISTATE FIXED RATE NOTE -Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
Modified for FHA 9/15 (rev. 2/16)
Elie Mae, Inc. Page 1 of 2 FHASZ00NOT 0216
FHA3200NOT (CLS)
(08/24/2020 06:50 AM PST
Loat
all the interest that | 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, ata time when | 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 !am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
the Note Holger has required me to pay immeriately nfl as described above. the Note Holder wil ave te right
to be paid back by me for all ofits costs and expense: enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys’ fees
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 | 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 delivering it or by me g it by first
class mail to the Note Holder at the adaress stated in Section 3(A) above or at a different address if | 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 promiseto 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 this 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 emounts owed under this Note.
9. WAIVERS
J 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 2 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 which might result if Ido not keep the promises which |
make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate
payment in full of all amounts | owe under this Note. Some of those conditions are described as follows:
Fall 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.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
period of not less than 30 days from the date the notice is given in accordance with Section 14 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.
YOU ARE NOT OBLIGATEDTO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE
SELLER/LENDER.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

yw (Seal)
ANTHONY WISI

Lender: Universi Lending Group, LLC
NMLS ID|
Lo. ‘Joe Spies PAY TO THE ORDER OF
NMLS ID
WITHOUT RECOURSE
MID’ LOAN SOLUTIGNS, iC,

Pay TO THE ORDER OF
MibwEST LOAN SOLATIOUS, EM HRISTOPHER KING
HOUT VICE PRESIDENT
UNIVERSITY LENDING GROUP, LLC
'
‘AUTHORIZED SIGNEF
[Sign Original Only}
MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Froddie Mac UNIFORM INSTRUMENT Form 3200 1/04
Modified for FHA 9/15 (rev. 2/16)
Elie Mae, Inc. Page 2 of 2 FHAS200NOT 0216
FHA3200NOT (CLS)
(08/24/2020 06:50 AM PST
EXHIBIT
C

A
When recorded, return to:
University Lending Group, LLC
29777 Telegraph Road, Suite 3500
Southfield, Ml 48034
866-530-4052

STATE OF INDIANA
2020-062264 LAKE COUNTY
FILED FOR RECORD
2020 Sep 9 8:66 AM MICHAEL B BROWN
RECORDER

Title Order No}

LOAN
[Space Above This Line For Rec ing Data]

MORTGAGE
MERS PHONE #: 1-888-679-6377
DEFINITIONS.
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17,
19 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15.
(A) “Security Instrument” means this document, which is dated August 24, 2020, together with all Riders
to this document.
(B) “Borrower” is ANTHONY
W WISE, AN UNMARRIED MAN.

Borrower is the mortgagor under this Security Instrument.
(C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nomi-
nee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security Instrument. MERS
organized and existing under the laws of Delaware, and MERS has a mailing address of P.O. Box 2026, Flint, Ml 48501-2026
and a street address of 1901 E Voorhees Street, Suite C, Danville, IL 61834. The MERS telephone number is (888) 679-MERS.
(D) “Lender” is University Lending Group, LLC.

Lender is a Limited Liability Company, organized and existing
under the laws of Michigan.
Lender's address is 29777 Telegraph Road, Suite 3500, Southfield, MI 48034.

INDIANA - Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3015 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 1 of 10 INEFHAI5DE 1016
INEDEED (CLS)
08/24/2020 06:50 AM PST
QO—-300 |
Heartland
Title Services, Inc.
101 E. 90th Drive Suite C
Merrillville, IN 46410

ST Nae
3093—~—
(E) “Note” means the promissory note signed by Borrower and dated August 24, 2020.
on The Note states that
Borrower owes Lender ONE HUNDRED EIGHTY SIX THOUSAND FOUR HUNDRED FIFTY NINE AND NO/100* * *
FREER RR REE ERA HERA EAE E ERA EEE R ASEH HEHEHE REESE Dollars
(U.S. $186,459.00
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than September 1, 2050.
(F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.”
(G) “Loan” means the debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due under
this Security Instrument, plus interest.
(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
C Adjustable Rate Rider © Condominium Rider CT Planned Unit Development Rider
CT Other(s) [specify]

(1) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and admin-
istrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated 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 account. Such term includes, but is not
limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
(lL) “Escrow Items” means those items that are described in Section 3.
(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction
of, the Property; (ii) condemnation or other taking of all or any part of the Property; i) conveyance in lieu of condemnation;
or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(i) 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 (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation
or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA’ refers to all requirements
and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a
“federally related mortgage loan” under RESPA.
(Q) “Secretary” means the Secretary of the United States Department of Housing and Urban Development or his designee.
(R) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (ji) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's
successors and assigns) and to the successors and assigns of MERS the following described property located in the
County of Lake
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A”.
APN #: 45-19-25-153-004.000-008

which currently has the address of 423 E Hi op Ct, Lowell,
[Street] [City]
Indiana 46356 (‘Property Address”):
{Zip Code]
INDIANA - Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3015 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 2 of 10 INEFHAISDE 1016
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TOGETHER WITH ail the improvements now or hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and
agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary
to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take
any action required of Lender including, but not limited to, releasing and canceling this Security Instrui it.

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants wit limited
variations by jurisdiction to constitute a uniform security instrument covering real property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal
of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds
for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in
U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note
and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money
order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept
any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice
to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments
at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender
need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or
return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall
relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and
agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be appli in the following order of priority:
First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the Sec-
retary instead of the monthly mortgage insurance premiums;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and,
Fifth, to late charges due under the Note.
Any application of payments, insurance 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 Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and alll insurance required by Lender under Section
5; and (d) Mortgage Insurance premiums, to be paid by Lender to the Secretary or the monthly charge by the Secretary
instead of the monthly Mortgage Insurance premiums. These items are called “Escrow Items.” At origination or at any time
during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation
to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within
such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and
agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower
fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to
any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower
shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit 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

INDIANA - Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3015 1/01
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shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower
for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender
pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on
the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender
the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender
4. Charges; ns. 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 Bor-
rower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,
legal proceedings which in Lender's opi ion operate to prevent the enforcement of the lien while those proceedings are
pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory
to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject
to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions
set forth above in this Section 4.
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 pre-
ceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen
by Borrower subject to Lender’s right to disapprove Borrower's choice, which right shall not be exercised unreasonably.
Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determina-
tion, certification and tracking service: r (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 Manage-
ment Agency in connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage.
Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property,
or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than
was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly
exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5
shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the
Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to dis-
approve 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, Bor-
rower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any 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.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in wi 1g, any insurance proceeds,
whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if
the 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 proceeds until Lender has had an opportunity to inspect such
Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress pay-
ments 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 shall 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 proceeds shall be applied in the order provided for in Section 2.

INDIANA - Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3015 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 4 of 10 INEFHAI5DE 1016
IEDEED (CLS)
08/24/2020 06:50 AM PST.
__.

LOAN
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 24 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, 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
under 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 year after the date of occupancy, unless Lender determines that this requirement shall cause
undue hardship for the Borrower, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, dam-
age or impair the Property, allow the Property to deteriorate or commit waste on 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 not economically feasible, Borrower shall promptly repair
the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to the Property, Borrower shall be responsible 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.
If condemnation proceeds are paid in connection with the taking of the property, Lender shall apply such proceeds to
the reduction of the indebtedness und

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Document for CARRINGTON MORTGAGE SERVICES, LLC v. ANTHONY W. WISE A/K/A ANTHONY WISE

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