Preview
Hearing Date: 5/10/2024 1:30 PM
Location: Court Room 2806
Judge: Cocozza, Margaret) ean
FILED
3/8/2024 4:20 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH01795
Calendar, 58
26748560
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
Nationstar Mortgage LLC
PLAINTIFF
Vs. No, 2024C HO1795
Leshaun A. Lodge; Heritage Manor Condominium
Association; The Prudential Home Mortgage Company, 2156 N Abbeywood Ct Unit 9-5
Inc.; Unknown Owners and Nonrecord Claimants Palatine, IL 60074
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, NATIONSTAR MORTGAGE LLC, by and through its attomeys, CODILIS &
ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows:
1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a
mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants":
Leshaun A. Lodge; Heritage Manor Condominium Association; The Prudential Home Mortgage Company, Inc.;
Unknown Owners and Nonrecord Claimants
2. Attached as "EX HIBIT A" is a copy of the Mortgage. Attached as "EX HIBIT B" is a copy of the Note.
3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage.
(B) Date of the Mortgage: 12/9/2020
(C) Name of mortgagor(s):
Leshaun A. Lodge
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for BJV Financial Services
Inc. dba Forum Mortgage Bancorp
(E) Date and Place of Recording or Registering:
3/2/2021
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 2106141043
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $211,105.00
(I) Both the legal description of the mortgaged real estate and the common address or other information
sufficient to identify it with reasonable certainty:
UNIT 9-5 TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON
ELEMENTS IN HERITAGE MANOR IN PALATINE CONDOMINIUM, AS DELINEATED AND
DEFINED IN THE DECLARATION RECORDED AS DOCUMENT NUMBER 22165443, AS
AMENDED FROM TIME TO TIME, IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP
42 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
COMMONLY KNOWN AS: 2156 N Abbeywood Ct Unit 9-5
Palatine, IL 60074
TAX PARCEL NUMBER: 02-01-102-053-1401
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest
and insurance for 09/01/2023, through the present; the Principal balance due on the Note and the Mortgage
is $199,443.21, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current
per diem is $16.39.
(K) Name of present owner(s) of said premises:
Leshaun A. Lodge
(L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real
estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff,
and any additional lien of the plaintiff which is sought to be terminated:
Carlyle Jermaine Fleming, by virtue of the fact that on information and belief he/she is the spouse of
Leshaun A. Lodge and may have some interest in the subject real estate.
Heritage Manor Condominium Association, by virtue of the fact that, upon information and belief, it is the
Condominium Association for the subject premises and may have some interest in the subject real estate by
virtue of unpaid assessments or other charges.
The Prudential Home Mortgage Company, Inc. upon information and belief that the mortgage recorded as
Document No. 92827322 re-recorded as 93454475 on November 5, 1992 and re-recorded on June 15, 1993
has been paid off.
(M) Names of defendants claimed to be personally liable for deficiency, if any:
Leshaun A. Lodge.
No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy
automatic stay or if their obligation is discharged in bankruptcy.
(N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15-
1208.
(O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor
or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise
submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure,
whichever is later, if sought:
The redemption period shall be determined pursuant to 735 ILCS 5/15-1603.
(P) Statement that the right of redemption has been waived by all owners of redemption: There has been no
executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded
from accepting such a waiver of redemption by the filing of this complaint.
(Q) Facts in support of request for attorneys' fees and of costs and expenses, if applicable: The subject
mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the
mortgage.
(R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a
receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief
after the filing of the instant foreclosure action by separate petition if such relief is sought.
(S) Offerto the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction
of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of
an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the
filing of the instant foreclosure action.
(T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation
of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof:
Leshaun A. Lodge;
4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before
referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or
claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint
described, including but not limited to the following:
Unknown Owners and NonRecord Claimants, if any.
That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and
all such persons are therefore made party defendants to this action by the name and description of UNKNOWN
OWNERS and NONRECORD CLAIMANTS.
REQUEST FOR RELIEF
WHEREFORE, THE PLAINTIFF REQUESTS:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption period, if sought.
(iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the
Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed
liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not
received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay
at sale confirmation.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or appointing a receiver, if sought.
(vi) A judgment for attomeys' fees, costs and expenses, if sought.
(vii) For the appointment of a Selling Officer, if deemed appropriate by this court.
(viii) Such other and further relief as this court deems just.
Nationstar Mortgage LLC
BY: /s/ Matthew A. Naglewski
ARDC #6322722
CODILIS & ASSOCIATES, P.C.
One of its attorneys
Codilis & Associates, P.C.
15W030 North Frontage Road, Suite 100
Burr Ridge, IL 60527
(630) 794-5300
pleadings@ il.cslegal.com
Cook #21762
14-24-01201
NOTE: This law firm is a debt collector.
Iinois Anti-Predatory
Doc#. 2106141043 Fee: $98.00
Lending Database Karen A. Yarbrough
Cook County Clerk
Program Date: 03/02/2021 09:45 AM Pg: 1 of 16
Certificate of Compliance
EXHIBIT A
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Report Mortgage Fraud
844-768-171
The property identified as: PIN: 02-01-102-053-1401
Address:
Street: 2186 ABBEYWOOD CT
Street line 2:
City: PALATINE State: ZIP Code: 60074
aa
ef
Lender, EUV FINANCIAL SERVICES INC. DBA FORUM! ‘GAGE BANCORP
Borrower: LESHAUN A. LODGE
on
ast
Loan / Mortgage Amount: $211,105.00
Pursuant to 765 ILCS 77/70 et seq., this Certificate authorizes the County Recorder is to record a residential
mortgage secured by this property and, if applicable, a simultaneously dated HELOC. ff
ae
F-RST
FILE #
Cortitcate nue: Execution date: 12/9/2020
2106141043 Page: 2 of 16
After Recording Retum To:
BJV FINANCIAL SERVICES INC.
DBA FORUM MORTGAGE BANCORP
7221 WEST TOUHY
CHICAGO, IL 60631
This Instrument was prepared by:
MIKE COLONNA
aIS COUNSEL FOR BLACK, MANN & GRAHAM, L.L.P.
wos }ORPORATE CIRCLE
FLOWE! UND, TX 75028
a
f [Space Above This Line For Recording Data]
m0 i f=
FHA Case No.
i Ut MORTGAGE
DEFINITIONS
Words used in multiple sections of this dociunent are defined below and other words are defined in Sections 3, 10,
12, 17, 19 and 21. Certainrules regarding th sage of words used in this document are also provided in Section 15.
(A) “Security Instrument" means this document, hic] is dated DECEMBER 09, 2020, together with all Riders
to this document.
@) “Borrower” is LESHAUN A. LODGE MARRIED’ CARLYLE JERMAINE FLEMING. Borrower is
the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems: MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaw and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-1
(D) "Lender" is BJV FINANCIAL SERVICES INC. DBA FORUM: RTGAGE BANCORP. Lender is a
CORPORATION organized and existing under the laws of ILLINOE ender’s address is 7221 WEST
TOUHY, CHICAGO, IL 60631.
(E) “Note” means the promissory note signed by Borrower and dated DECEMBER 0%; 2020. The Note states that
Borrower owes Lender Two Hundred Eleven Thousand One Hundred Five“ Ald No/100 Dollars (U.S.
$211,105. 00) plus interest. Borrower has promised to pay this debt in regular Periodic its and to pay the debt
in full not later than JANUARY Of, 2051 at the rate of 3%.
) “Property" means the property that is described below under the heading "Transfer of Ri the Property.
(G) "Loan" means the debt evidenced by the Note, plus interest, late charges due under the d 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 |Ri lers are
to be executed by Borrower [check box as applicable):
C2 Adjustable Rate Rider &] Condominium Rider CO Second Home Rider
CO. Balloon Rider © Planned Unit Development Rider CO Other(s) [specify)
(0 1-4 Family Rider C1 Biweekly Payment Rider
@ “Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(J) "Community Association Dues, Fees, and Assessments" tmeans all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
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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.
{L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
truction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu ‘condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
@) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(o)" dic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any }qunts under Section 3 of this Security Instrument.
@) "RESPA" s the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regu! (24 CFR. Part 3500), as they might be amended from time to time, or any additional or
successor legislat Jegulation that governs the same subject matter. As used in this Security Instrument, ,
“RESPA" refers to all ments and restrictions that are imposed in regard to a "federally related mortgage loan’
even if the Loan does not quali a “federally related mortgage loan" under RESPA.
(Q) "Secretary" means the:{ ‘Seorétary of the United States Department of Housing and Urban Development or his
designee.
(R) "Successor in Interest of B means any party that has taken title to the Property, whether or not that
party has assumed Borrower's ob! inder the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY",
This Security Instrument secures to Lend @ repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ji) the performant Berrower’s covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower’ ereby mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender’s successors and assigns).atid tg-the successors and assigns of MERS, the following
described property located in the
County of, cook
[Type of Recording Jurisdiction] [Naiti ‘Recording Jurisdiction]
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED IN FOR ALL PURPOSES.
which currently has the address of, 2156 N. ABBEYWOOD CT, UNIT 9-5 PALATIN}
[Street]
Illinois 6007. ("Property Address"):
[Zip Code] te,
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easenistits,
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 Instrument.
ILLINOIS—Single Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 2 of 12 pages)
2106141043 Page: 4 of 16
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
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1,Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
pay, when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note.
‘ower 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 pi under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or
all subseqi ent payments due under the Note and this Security Instrument be made in one or more of the following
forms, as by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or
3
cashier’ 's ch wided any such check is drawn upon an institution whose deposits are insured by a federal
Ae
agency, instrumén lity,.or entity; or (d) Electronic Funds Transfer.
Payments are depined received by Lender when received at the location designated in the Note or at such other
location as may be desi ted by Lender in accordance with the notice provisions in Section 14, Lender may return.
any payment or partial paym 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 to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at’ time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lendes’ t pay interest on unapplied funds. Lender may hold such unapplied
funds until Borrower makes payment ig the Loan current, If Borrower does not do so within a reasonable
period of time, Lender shall either apply Sue ‘funds or return them to Borrower. If not applied earlier, such funds
will be applied to the outstanding principal ce under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or’ the,future against Lender shall relieve Borrower from making
yments due under the Note and this Security In sayalipnt, r performing the covenants and agreements secured by
this Security Instrument.
2.Application of Payments or Proceeds. Ex otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the followi i order of priority:
First, to the Mortgage Insurance premiums to be paid by ier to the Secretary or the the monthly charge by
the Secretary instead of the monthly mortgage insurance premiunis;
Second, to any taxes, special assessments, leasehold payments of \d rents, and fire, flood and other hazard
insurance premiums, as required;
ve
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 Proceed: cipal due under the Note
shall not extend or postpone the due date, or change the amount of the Periodic Payme
2.Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic are due under the
Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amouiits” for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or ¢ngumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any“and 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 ite! called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that c ity
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
ILLINOIS—Single Family—Fannie Mae/Freddic Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 3 of 12 pages)
2106141043 Page: 5 of 16
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 ail Funds, and in such amounts, that are then
required under this Section 3.
Li nder may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
e time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA.
[éndez shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
R 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 (incinding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lei idet shalt apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not chargé Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, ess Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unl ‘an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be requit to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that-int shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Fung wired by RESPA.
If there is a surplus of Funds, id in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as requii 3 by RESPA, and Borrower shall pay to Lender the amount necessary to
make up the shortage iin accordance wit ARESPA, but in no more than 12 monthly payments. If there is a deficiency
of Funds held in escrow, as defined under’ ESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount nec 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 fe Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
3.Charges; Liens. Borrower shall pay all taxes, aschgeinents, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instpai nt, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, ssments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Seetion 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 li manoer acceptable to Lender, but only
so long as Borrower is performing such agreement; (b) contests the Tit ood faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender’s opinion opét “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 Seturity Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority this Security Instrument,
Lender may give Borrower a notice identifying the lien. Within 10 days of the date on that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Se:
4Property Insurance. Borrower shall keep the improvements now existing or he erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and’any wher hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This instiranée, shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurat arner
providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with thi: Toon
either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
ILLINOIS—-Single Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 4 of 12 pages)
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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 amouats 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.
Alli insurance policies required by Lender and renewals of such policies shall be subject to Lender’s right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
addidonal loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower:r shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of ifigurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy sh lude a standard mortgage clause and shall name Lender as mortgagee and/or as an additional Joss
payee.
In the event f loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if noi -stiade, promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, oration or repair is economically feasible and Lender’s security is not lessened.
During such repair and restorat riod, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspecs*such Property to ensure the work has been completed to Lender’s satisfaction,
provided that such inspection sha! undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in eries of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law re: interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earl 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 ender’s security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Security Tiistrament, whether or not then due, with the excess, if any,
ie
paid to Borrower. Such insurance proceeds shall be appli in the order provided for in Section 2.
If Borrower abandons the Property, Lender may fii hegotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days-t0’a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle” claim. The 30-day period will begin when the
notice is given.
In either event, or if Lender acquires the Propéity under-Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower’s rights to any insurance proceeds i amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrow ights (other than the right to any refund
of uneamed premiums paid by Borrower) under all insurance policies cov the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance’ pioceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whethefer not then due.
S.Occupancy. Borrower shall occupy, establish, and use the Property as Borréwer’ '§ principal residence within
60 days after the execution of this Security Instrument and shall continue to occupy, Property as Borrower’s
principal residence for at Jeast one year after the date of occupancy, unless Lender that this requirement
shall cause undue hardship for the Borrower or unless extenuating circumstances exist wl ‘beyond Borrower’s
control.
7.Preservation, Maintenance and Protection of the Property; Inspections. Borrower‘ shall yt destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Borréwer shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value due tol dition.
Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Bi shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condeningtion
proceeds are paid in connection with damage to, or the taking of, 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 under the Note and this Security Instrument, first to any delinquent
ALLINOIS—Sing)e Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 5 of 12 pages)
2106141043 Page: 7 of 16
amounts, and then to payment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments or change the amount of such payments.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at
the time of or prior to such an interior inspection specifying such reasonable cause.
6.Borrower’s Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower’s knowledge or consent
gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender
with material information) in connection with the Loan. Material representations include, but are not limited to,
presentations concerning Borrower’s occupancy of the Property as Borrower’s principal residence.
rotection of Lender’s Interest in the Property and Rights Under this Security Instrument. It
(a) er fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security
Instrume! (stich as a proceeding in bankruptcy, probate, for condemmation or forfeiture, for enforcement of a lien
which may -priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Pr then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s
interest in the Property’ and rights under this Security Instrument, including protecting and/or assessing the value of
the Property, and se .and/or repairing the Property. Lender’s actions can include, but are not limited to:
{a) paying any sums by,a lien which has priority over this Security Lastrument, (b) appearing in court; and
(c) paying reasonable attorneys fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured, position ini a bankruptcy proceeding. Securing the Property includes, but is not
linaited to, entering the Property to. ¢ repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or oli ‘céde violations or dangerous conditions, and have utilities tumed on or off.
Although Lender may take action undef’ thi ‘ection 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lent no liability for not taking any or all actions authorized under this
Section 9.
Any amounts disbursed by Lender under'this S ion 9 shall become additional debt of Borrower secured by
this Security Instrument. These amounts shail bear‘ir tat the Note rate from the date of disbursement and shall
be payable, with such interest, upon notice from Lendes't ‘to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrow all comply with all the provisions ‘of the lease. If
Borrower acquires fee title to the Property, the leasehold and title shall not merge unless Lender agrees to the
merger in writing. ha e
80.Assignment of Miscellaneous Proceeds; Forfeiture. sail Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall’ lied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lendei*s sécprity is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Misceilarigeus Proceeds until Lender has had
an opportunity to inspect such Property to ensure the work has been. completed to dender’s satisfaction, provided
that such inspection shall be undertaken promptly. Lender may pay for the Tepairs ‘and 2 restoration in a single
disbursement or in a series of progress payments as the work is completed. Unless an ent is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender t be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair, js not economically
feasible or Lender’s security would be lessened, the Miscellaneous Proceeds shall be applied té ums secured by
this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
}
Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Pros L be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if am
Borrower.
In the e of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of
the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be
teduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of
the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid
ILLINOIS—Single Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 W01 (page 6 of 12 pages)
2106141043 Page: 8 of 16
to Borrower.
Jn the event of a partial taking, destruction, or Joss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums are then due,
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to
Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
eeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or
riot then duc. "Opposing Party” means the third party that owes Borrower Miscellaneous Proceeds or the party
agai m Borrower has a right of action in regard to Miscellaneous Proceeds.
shali be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender’s
judgment, guild result in forfeiture of the Property or other material impairment of Lender’s interest in the Property
or rights undey this Security Instrument. Borrower can cure such a default and, if acceleration has occurred,
Teinstate as provic ied-in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in
Lender's judgment,.precludes forfeiture of the Property or other material impairment of Lender’s interest in the
Property or rights under, this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the iimpairinenit of.Lender’s interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceg that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2. é
91.Borrower Not Released; Fe arance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the st ured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall top erate to release the liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be require ommence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or Sthepwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by‘the original Borrower or any Successors in Interest of Borrower. Any
forbearance by Lender in exercising any right or* dy, including, without limitation, Lender’s acceptance of
payments from third persons, entities or Successors st of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of ‘atly. sight r remedy.
102,Joint and Several Liability; Co-signers; Succes: id Assigns Bound, Borrower covenants and
agrees that Borrower’s obligations and liability shall bejJoin several, However, any Borrower who co-signs
this Security Instrument but does not execute the Note (a " orsign }s(a) is co-signing this Security Instrument
only to mortgage, grant and convey the co-signer’s interest in yperty under the terms of this Security
Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or accommodations with regard to
the terms of this Security Instrument or the Note without the co- signer’s conséi
Subject to the provisions of Section 17, any Successor in Interest of Borrower who assumes Borrower’s
obligations under this Security Instrument in writing, and is approved by Lender, : obtain all of Borrower’s
rights and benefits under this Security Instrument. Borrower shall not be released rrower’s obligations and
liability under this Security Instrument unless Lender agrees to such release in writ The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 19) and bénét 1 successors and
assigns of Lender.
13.Lean Charges. Lender may charge Borrower fees for services performed in connectiots With, Borrower’ Ss
default, for the purpose of protecting Lender’s interest in the Property and rights under this Securify Instrument,
including, but not limited to, attorneys’ fees, property inspection and valuation fees. Lender may coll fees and
charges authorized by the Secretary. Lender may not charge fees that are expressly prohibited by curity
Instrument, or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that Jaw is finally interpreted so that’ ‘the
interest or other loan charges collected or to be collected in connection with the 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 fro
Preview
Hearing Date: 5/10/2024 1:30 PM Location: Court Room 2806 Judge: Cocozza, Margaret) ean FILED 3/8/2024 4:20 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH01795 Calendar, 58 26748560 Cook County #21762 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION Nationstar Mortgage LLC PLAINTIFF Vs. No, 2024C HO1795 Leshaun A. Lodge; Heritage Manor Condominium Association; The Prudential Home Mortgage Company, 2156 N Abbeywood Ct Unit 9-5 Inc.; Unknown Owners and Nonrecord Claimants Palatine, IL 60074 DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, NATIONSTAR MORTGAGE LLC, by and through its attomeys, CODILIS & ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows: 1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants": Leshaun A. Lodge; Heritage Manor Condominium Association; The Prudential Home Mortgage Company, Inc.; Unknown Owners and Nonrecord Claimants 2. Attached as "EX HIBIT A" is a copy of the Mortgage. Attached as "EX HIBIT B" is a copy of the Note. 3. Information concerning said Mortgage: (A) Nature of the instrument: Mortgage. (B) Date of the Mortgage: 12/9/2020 (C) Name of mortgagor(s): Leshaun A. Lodge (D) Name of the original mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for BJV Financial Services Inc. dba Forum Mortgage Bancorp (E) Date and Place of Recording or Registering: 3/2/2021 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 2106141043 (G) Interest subject to the mortgage: Fee Simple. (H) Amount of original indebtedness: (1) Original Indebtedness: $211,105.00 (I) Both the legal description of the mortgaged real estate and the common address or other information sufficient to identify it with reasonable certainty: UNIT 9-5 TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS IN HERITAGE MANOR IN PALATINE CONDOMINIUM, AS DELINEATED AND DEFINED IN THE DECLARATION RECORDED AS DOCUMENT NUMBER 22165443, AS AMENDED FROM TIME TO TIME, IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 42 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 2156 N Abbeywood Ct Unit 9-5 Palatine, IL 60074 TAX PARCEL NUMBER: 02-01-102-053-1401 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest and insurance for 09/01/2023, through the present; the Principal balance due on the Note and the Mortgage is $199,443.21, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current per diem is $16.39. (K) Name of present owner(s) of said premises: Leshaun A. Lodge (L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff, and any additional lien of the plaintiff which is sought to be terminated: Carlyle Jermaine Fleming, by virtue of the fact that on information and belief he/she is the spouse of Leshaun A. Lodge and may have some interest in the subject real estate. Heritage Manor Condominium Association, by virtue of the fact that, upon information and belief, it is the Condominium Association for the subject premises and may have some interest in the subject real estate by virtue of unpaid assessments or other charges. The Prudential Home Mortgage Company, Inc. upon information and belief that the mortgage recorded as Document No. 92827322 re-recorded as 93454475 on November 5, 1992 and re-recorded on June 15, 1993 has been paid off. (M) Names of defendants claimed to be personally liable for deficiency, if any: Leshaun A. Lodge. No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy automatic stay or if their obligation is discharged in bankruptcy. (N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15- 1208. (O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure, whichever is later, if sought: The redemption period shall be determined pursuant to 735 ILCS 5/15-1603. (P) Statement that the right of redemption has been waived by all owners of redemption: There has been no executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded from accepting such a waiver of redemption by the filing of this complaint. (Q) Facts in support of request for attorneys' fees and of costs and expenses, if applicable: The subject mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the mortgage. (R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief after the filing of the instant foreclosure action by separate petition if such relief is sought. (S) Offerto the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the filing of the instant foreclosure action. (T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof: Leshaun A. Lodge; 4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, including but not limited to the following: Unknown Owners and NonRecord Claimants, if any. That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS and NONRECORD CLAIMANTS. REQUEST FOR RELIEF WHEREFORE, THE PLAINTIFF REQUESTS: (i) A judgment of foreclosure and sale. (ii) An order granting a shortened redemption period, if sought. (iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay at sale confirmation. (iv) An order granting possession, if sought. (v) An order placing the mortgagee in possession or appointing a receiver, if sought. (vi) A judgment for attomeys' fees, costs and expenses, if sought. (vii) For the appointment of a Selling Officer, if deemed appropriate by this court. (viii) Such other and further relief as this court deems just. Nationstar Mortgage LLC BY: /s/ Matthew A. Naglewski ARDC #6322722 CODILIS & ASSOCIATES, P.C. One of its attorneys Codilis & Associates, P.C. 15W030 North Frontage Road, Suite 100 Burr Ridge, IL 60527 (630) 794-5300 pleadings@ il.cslegal.com Cook #21762 14-24-01201 NOTE: This law firm is a debt collector. Iinois Anti-Predatory Doc#. 2106141043 Fee: $98.00 Lending Database Karen A. Yarbrough Cook County Clerk Program Date: 03/02/2021 09:45 AM Pg: 1 of 16 Certificate of Compliance EXHIBIT A O} 1 mi 4 % % UG Report Mortgage Fraud 844-768-171 The property identified as: PIN: 02-01-102-053-1401 Address: Street: 2186 ABBEYWOOD CT Street line 2: City: PALATINE State: ZIP Code: 60074 aa ef Lender, EUV FINANCIAL SERVICES INC. DBA FORUM! ‘GAGE BANCORP Borrower: LESHAUN A. LODGE on ast Loan / Mortgage Amount: $211,105.00 Pursuant to 765 ILCS 77/70 et seq., this Certificate authorizes the County Recorder is to record a residential mortgage secured by this property and, if applicable, a simultaneously dated HELOC. ff ae F-RST FILE # Cortitcate nue: Execution date: 12/9/2020 2106141043 Page: 2 of 16 After Recording Retum To: BJV FINANCIAL SERVICES INC. DBA FORUM MORTGAGE BANCORP 7221 WEST TOUHY CHICAGO, IL 60631 This Instrument was prepared by: MIKE COLONNA aIS COUNSEL FOR BLACK, MANN & GRAHAM, L.L.P. wos }ORPORATE CIRCLE FLOWE! UND, TX 75028 a f [Space Above This Line For Recording Data] m0 i f= FHA Case No. i Ut MORTGAGE DEFINITIONS Words used in multiple sections of this dociunent are defined below and other words are defined in Sections 3, 10, 12, 17, 19 and 21. Certainrules regarding th sage of words used in this document are also provided in Section 15. (A) “Security Instrument" means this document, hic] is dated DECEMBER 09, 2020, together with all Riders to this document. @) “Borrower” is LESHAUN A. LODGE MARRIED’ CARLYLE JERMAINE FLEMING. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems: MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaw and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-1 (D) "Lender" is BJV FINANCIAL SERVICES INC. DBA FORUM: RTGAGE BANCORP. Lender is a CORPORATION organized and existing under the laws of ILLINOE ender’s address is 7221 WEST TOUHY, CHICAGO, IL 60631. (E) “Note” means the promissory note signed by Borrower and dated DECEMBER 0%; 2020. The Note states that Borrower owes Lender Two Hundred Eleven Thousand One Hundred Five“ Ald No/100 Dollars (U.S. $211,105. 00) plus interest. Borrower has promised to pay this debt in regular Periodic its and to pay the debt in full not later than JANUARY Of, 2051 at the rate of 3%. ) “Property" means the property that is described below under the heading "Transfer of Ri the Property. (G) "Loan" means the debt evidenced by the Note, plus interest, late charges due under the d 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 |Ri lers are to be executed by Borrower [check box as applicable): C2 Adjustable Rate Rider &] Condominium Rider CO Second Home Rider CO. Balloon Rider © Planned Unit Development Rider CO Other(s) [specify) (0 1-4 Family Rider C1 Biweekly Payment Rider @ “Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" tmeans all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar ILLINOIS—Single Family—Famnie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 1 of 12 pages) 2106141043 Page: 3 of 16 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. {L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or truction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu ‘condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. @) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (o)" dic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any }qunts under Section 3 of this Security Instrument. @) "RESPA" s the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regu! (24 CFR. Part 3500), as they might be amended from time to time, or any additional or successor legislat Jegulation that governs the same subject matter. As used in this Security Instrument, , “RESPA" refers to all ments and restrictions that are imposed in regard to a "federally related mortgage loan’ even if the Loan does not quali a “federally related mortgage loan" under RESPA. (Q) "Secretary" means the:{ ‘Seorétary of the United States Department of Housing and Urban Development or his designee. (R) "Successor in Interest of B means any party that has taken title to the Property, whether or not that party has assumed Borrower's ob! inder the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY", This Security Instrument secures to Lend @ repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ji) the performant Berrower’s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower’ ereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender’s successors and assigns).atid tg-the successors and assigns of MERS, the following described property located in the County of, cook [Type of Recording Jurisdiction] [Naiti ‘Recording Jurisdiction] SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED IN FOR ALL PURPOSES. which currently has the address of, 2156 N. ABBEYWOOD CT, UNIT 9-5 PALATIN} [Street] Illinois 6007. ("Property Address"): [Zip Code] te, TOGETHER WITH all the improvements now or hereafter erected on the property, and all easenistits, 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 Instrument. ILLINOIS—Single Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 2 of 12 pages) 2106141043 Page: 4 of 16 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 with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1,Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay, when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. ‘ower 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 pi under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subseqi ent payments due under the Note and this Security Instrument be made in one or more of the following forms, as by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or 3 cashier’ 's ch wided any such check is drawn upon an institution whose deposits are insured by a federal Ae agency, instrumén lity,.or entity; or (d) Electronic Funds Transfer. Payments are depined received by Lender when received at the location designated in the Note or at such other location as may be desi ted by Lender in accordance with the notice provisions in Section 14, Lender may return. any payment or partial paym 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 to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at’ time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lendes’ t pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment ig the Loan current, If Borrower does not do so within a reasonable period of time, Lender shall either apply Sue ‘funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal ce under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or’ the,future against Lender shall relieve Borrower from making yments due under the Note and this Security In sayalipnt, r performing the covenants and agreements secured by this Security Instrument. 2.Application of Payments or Proceeds. Ex otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the followi i order of priority: First, to the Mortgage Insurance premiums to be paid by ier to the Secretary or the the monthly charge by the Secretary instead of the monthly mortgage insurance premiunis; Second, to any taxes, special assessments, leasehold payments of \d rents, and fire, flood and other hazard insurance premiums, as required; ve 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 Proceed: cipal due under the Note shall not extend or postpone the due date, or change the amount of the Periodic Payme 2.Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amouiits” for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or ¢ngumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any“and 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 ite! called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that c ity 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 ILLINOIS—Single Family—Fannie Mae/Freddic Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 3 of 12 pages) 2106141043 Page: 5 of 16 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 ail Funds, and in such amounts, that are then required under this Section 3. Li nder may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds e time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. [éndez shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures R 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 (incinding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lei idet shalt apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not chargé Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, ess Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unl ‘an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be requit to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that-int shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Fung wired by RESPA. If there is a surplus of Funds, id in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requii 3 by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage iin accordance wit ARESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under’ ESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount nec 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 fe Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 3.Charges; Liens. Borrower shall pay all taxes, aschgeinents, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instpai nt, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, ssments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Seetion 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 li manoer acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the Tit ood faith by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion opét “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 Seturity Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Se: 4Property Insurance. Borrower shall keep the improvements now existing or he erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and’any wher hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This instiranée, shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurat arner providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’ which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with thi: Toon either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, ILLINOIS—-Single Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 4 of 12 pages) 2106141043 Page: 6 of 16 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 amouats 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. Alli insurance policies required by Lender and renewals of such policies shall be subject to Lender’s right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an addidonal loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower:r shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of ifigurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy sh lude a standard mortgage clause and shall name Lender as mortgagee and/or as an additional Joss payee. In the event f loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if noi -stiade, promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, oration or repair is economically feasible and Lender’s security is not lessened. During such repair and restorat riod, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspecs*such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection sha! undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in eries of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law re: interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earl 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 ender’s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Tiistrament, whether or not then due, with the excess, if any, ie paid to Borrower. Such insurance proceeds shall be appli in the order provided for in Section 2. If Borrower abandons the Property, Lender may fii hegotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days-t0’a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle” claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Propéity under-Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower’s rights to any insurance proceeds i amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrow ights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies cov the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance’ pioceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whethefer not then due. S.Occupancy. Borrower shall occupy, establish, and use the Property as Borréwer’ '§ principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy, Property as Borrower’s principal residence for at Jeast one year after the date of occupancy, unless Lender that this requirement shall cause undue hardship for the Borrower or unless extenuating circumstances exist wl ‘beyond Borrower’s control. 7.Preservation, Maintenance and Protection of the Property; Inspections. Borrower‘ shall yt destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Borréwer shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due tol dition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Bi shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condeningtion proceeds are paid in connection with damage to, or the taking of, 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 under the Note and this Security Instrument, first to any delinquent ALLINOIS—Sing)e Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 1/01 (page 5 of 12 pages) 2106141043 Page: 7 of 16 amounts, and then to payment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments or change the amount of such payments. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 6.Borrower’s Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower’s knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, presentations concerning Borrower’s occupancy of the Property as Borrower’s principal residence. rotection of Lender’s Interest in the Property and Rights Under this Security Instrument. It (a) er fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrume! (stich as a proceeding in bankruptcy, probate, for condemmation or forfeiture, for enforcement of a lien which may -priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Pr then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s interest in the Property’ and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and se .and/or repairing the Property. Lender’s actions can include, but are not limited to: {a) paying any sums by,a lien which has priority over this Security Lastrument, (b) appearing in court; and (c) paying reasonable attorneys fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured, position ini a bankruptcy proceeding. Securing the Property includes, but is not linaited to, entering the Property to. ¢ repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or oli ‘céde violations or dangerous conditions, and have utilities tumed on or off. Although Lender may take action undef’ thi ‘ection 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lent no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under'this S ion 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shail bear‘ir tat the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lendes't ‘to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrow all comply with all the provisions ‘of the lease. If Borrower acquires fee title to the Property, the leasehold and title shall not merge unless Lender agrees to the merger in writing. ha e 80.Assignment of Miscellaneous Proceeds; Forfeiture. sail Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall’ lied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lendei*s sécprity is not lessened. During such repair and restoration period, Lender shall have the right to hold such Misceilarigeus Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been. completed to dender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the Tepairs ‘and 2 restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an ent is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender t be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair, js not economically feasible or Lender’s security would be lessened, the Miscellaneous Proceeds shall be applied té ums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous } Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Pros L be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if am Borrower. In the e of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be teduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid ILLINOIS—Single Family—Fannie Mae/Freddie Mac MODIFIED INSTRUMENT (FHA) Form 3014 W01 (page 6 of 12 pages) 2106141043 Page: 8 of 16 to Borrower. Jn the event of a partial taking, destruction, or Joss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous eeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or riot then duc. "Opposing Party” means the third party that owes Borrower Miscellaneous Proceeds or the party agai m Borrower has a right of action in regard to Miscellaneous Proceeds. shali be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender’s judgment, guild result in forfeiture of the Property or other material impairment of Lender’s interest in the Property or rights undey this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, Teinstate as provic ied-in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,.precludes forfeiture of the Property or other material impairment of Lender’s interest in the Property or rights under, this Security Instrument. The proceeds of any award or claim for damages that are attributable to the iimpairinenit of.Lender’s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceg that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. é 91.Borrower Not Released; Fe arance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the st ured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall top erate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be require ommence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or Sthepwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by‘the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or* dy, including, without limitation, Lender’s acceptance of payments from third persons, entities or Successors st of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of ‘atly. sight r remedy. 102,Joint and Several Liability; Co-signers; Succes: id Assigns Bound, Borrower covenants and agrees that Borrower’s obligations and liability shall bejJoin several, However, any Borrower who co-signs this Security Instrument but does not execute the Note (a " orsign }s(a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer’s interest in yperty under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or accommodations with regard to the terms of this Security Instrument or the Note without the co- signer’s conséi Subject to the provisions of Section 17, any Successor in Interest of Borrower who assumes Borrower’s obligations under this Security Instrument in writing, and is approved by Lender, : obtain all of Borrower’s rights and benefits under this Security Instrument. Borrower shall not be released rrower’s obligations and liability under this Security Instrument unless Lender agrees to such release in writ The covenants and agreements of this Security Instrument shall bind (except as provided in Section 19) and bénét 1 successors and assigns of Lender. 13.Lean Charges. Lender may charge Borrower fees for services performed in connectiots With, Borrower’ Ss default, for the purpose of protecting Lender’s interest in the Property and rights under this Securify Instrument, including, but not limited to, attorneys’ fees, property inspection and valuation fees. Lender may coll fees and charges authorized by the Secretary. Lender may not charge fees that are expressly prohibited by curity Instrument, or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that Jaw is finally interpreted so that’ ‘the interest or other loan charges collected or to be collected in connection with the 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 fro