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Clark County, Ohio
FILED
APR 04 2024
Common Pleas Court
Melissa M. Tuttle, Clerk
IN THE COURT OF COMMON PLEAS
CLARK COUNTY, OHIO
Deen meee e meee eee cent ete e eee enn et nee e eee sleene ree eee ser eeeeeseesaneenees
Fifth Third Bank, N.A. Case No. 24 0V287
Madisonville Operations Center
MD IMOBBW Judge
5001 Kingsley Drive
Cincinnati, Ohio 45227 COMPLAINT FOR FORECLOSURE
Plaintiff
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vs.
John Doe(s), Name(s) Unknown, the
Unknown heirs, devisees, legatees,
beneficiaries of Nancy M. Lanham, AKA
Nancy Lanham and their unknown spouses
and creditors; and, the unknown spouse of
Nancy M. Lanham, AKA Nancy Lanham
916 Selma Road
Springfield, OH 45505
Clark County Treasurer
31 North Limestone Street
Springfield, OH 45502
Defendants.
Now comes Plaintiff, Fifth Third Bank, N.A. ("Plaintiff"), who hereby alleges and asserts
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against the Defendants as follows:
Background
Nancy M. Lanham, AKA Nancy Lanham executed the promissory note (the "Note") that
is the subject of this action. A copy of the Note is attached hereto as Exhibit A.
Attached hereto as Exhibit B is a copy of the mortgage (the "Mortgage") that was validly
executed in connection with the execution of the Note. The parties to the Mortgage
intended that it attach to the entire fee simple interest in the property.
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The Mortgage was recorded July 30, 2014 as Official Records Volume 2033, Page 439,
Clark County, Ohio records.
The Mortgage is a lien on the property (the "Property") described more fully in the
attached Mortgage.
The Note and Mortgage are in default. Plaintiff has satisfied conditions precedent and
declared the entire balance due and payable. i
COUNT ONE: BREACH OF NOTE
Plaintiff incorporates each of the preceding allegations into Count One by reference.
Nancy M. Lanham, AKA Nancy Lanham is deceased. As a result, Plaintiff is not seeking
a personal judgment against the foregoing defendant but is seeking instead to enforce its
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security interest. Because the Note has been accelerated and is in default, Plaintiff is
entitled to recover from the sale of the Property the principal amount of $48,370.57, plus
interest on the outstanding principal amount at the rate of 5.375% per annum from
October 1, 2023, plus late charges and advances and all costs and expenses incurred for
the enforcement of the Note and Mortgage, except to the extent the payment is prohibited
by Ohio law.
Plaintiff is a person entitled to enforce the Note.
COUNT TWO: FORECLOSURE
Plaintiff incorporates each of the preceding allegations into Count Two by reference.
10. The Mortgage is a valid and subsisting lien on the Property, subject only to any lien that
may be held by the County Treasurer that has priority over the Mortgage as a matter of
law.
11 The Mortgage was given to secure the Note.
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12. Plaintiff is entitled to foreclose the Mortgage due to default. See Exhibit B, Exhibit C,
and Exhibit D.
13 The Preliminary Judicial Report attached to this Complaint as Exhibit E refers to other
persons, if any, who are named as defendants in this|action.
14. The identity and address of John Doe(s), Name(s) Unknown, the Unknown heirs,
devisees, legatees, beneficiaries of Nancy M. Lanham, AKA Nancy Lanham and their
unknown spouses and creditors; and, the unknown Spouse of Nancy M. Lanham, AKA'
Nancy Lanham are unknown and could not be discovered by reasonable diligence.
PRAYER FOR RELIEF
15, Plaintiff prays for the following relief:
e a finding of default on the note in the principal amount of $48,370.57, plus
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interest on the outstanding principal amount at the rate of 5.375% per annum from
October 1, 2023, plus late charges and advances and all costs and expenses
incurred for the enforcement of the Note and Mortgage except to the extent the
payment is prohibited by Ohio law;
a finding that the Mortgage is a valid and subsisting lien on the Property, subject
only to any lien that may be held by the County Treasurer that has priority over|
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the Mortgage as a matter of law;
an order (1) foreclosing the equity of redemption and dower of all defendants
named in this action, (2) requiring that the Property, be sold free and clear of all
liens, interests, and dower, (3) requiring all jefendants to set up their liens or
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interest in the Property or be forever barred ‘om asserting such liens or interests,
(4) requiring that the proceeds of the sale of'the Property be applied to pay all
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amounts due Plaintiff, and (5) granting Plaintiff all other relief, legal and
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equitable, as may be proper and necessary, including, for example, a writ of
LL,
possession.
4(0075177
Ann Marie Johnson (0072981)
Michael E. Carleton (0083352)
Carla M. Allen (0100929)
Kimberly D. Fulkerson (0073756)
Kirsten E. Friedman (0096466)
Justin M. Ritch (0085358)
Kyle E. Timken (0071381)
Richard J. Sykora (0093134)
Manley Deas Kochalski LLC
P. O. Box 165028
Columbus, OH 43216-5028
Telephone: 614-220-5611
Fax: 614-220-5613
Email: adk@manleydeas.com
Attomey for Plaintiff
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*Please note: The documents attached hereto may have been redacted to remove personal information and
personal identifiers, such as financial account information, social security numbers, dates of birth, and
similar information to further protect the privacy of borrowers and mortgagors.
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ORIGIN
NOTE
Suly 22, 2014 Powell Ohio
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[Date] [City] [State]
916 Selma Road, Springfield, OH 45505
[Property Address]
1. BORROWER’S PROMISE TO PAY
In return for a Ioan that T have received, I promise to pay U.S. $59,400.00 (this amount is called “Principal”), plus
interest, to the order of the Lender. The Lender is BancOhio Financial, LLC. I will make all payments under this Note in
the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer atid who
is entitled to receive payments under this Note is called the “Note Holder.” 1
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 5.375%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note. 1
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3. PAYMENTS
(A) Time and Place of Payments
T will pay Principal and interest by making a payment every month, i
Twill make my monthly payment on the 1st day of each month beginning on September 1, 2014. I will make these
payments every month until I have paid all of the principal and interest and any other charges described below that I may owe
under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest!before
Principal. If, on August 1, 2044, I still owe amounts under this Note, I will pay those amounts in full on that date, which is
called the “Maturity Date.”
I will make my monthly payments at 285 S. Liberty Street, Powell, OH 43065 or at a different place if required by
the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $332.63. 5}
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4 BORROWER’S RIGHT 10 PREPAY
T have the right to make payments of Principal at any time before they are due. A payment of Principal only is
known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not
designate a payment as a Prepayment if | have not made all the monthly payments due under the Note.
I may 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 I 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 I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
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5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the int st OF
other Joan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such
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Muhtistate Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3200 1/01
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ORIGINAL
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Joan charge shall be reduced by the amount necessary to reduce the charge i the permitted limit; and (b) any sums already
collected from me which exceeded permitted limits will be refunded to me. e Note Holder may choose to make this refund
by reducing the Principal I owe under this Note or by making a direct pay: it to me. If a refimd 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 5.000% of my overdue payment
of principal and interest. I will pay this late charge promptly but only once on each late payment,
(B) Default
IfI do not pay the full amount of each monthly payment on the date it is due, } will be in default. {'
(C) Notice of Default
IfJ am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue ainount
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by acertain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid
and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed
to me or delivered by other means,
(D) No Waiver By Note Holder
Even if, at a time when J am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that mbst 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 1 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 mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given alnotice
of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Tf more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any }‘person who is a guarantor, surety or endorser of
this Note is also obligated to do these things. Any person, who takes over these obligations, including the obligations of a
guarantor, surety or endorser of 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 amounts owed under this Note,
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9. WAIVERS |
I and any other person who has obligations under this Note waive the rights of presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
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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 I do not keep the promises which I
make in this Note. That Security Instrument describes how and under what conditions I may be required to make i
payment in full of all amounts I owe under this Note. Some of those conditions are described as follows
Multistate Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3200 L01
The Compliance Source, Enc. Page 2 of 3 12601MU 08/00 Rev, 02/10
snww.compliancesource.com ©2000-2010, The Compliance Source, Inc.
OHIGINAL
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Tf all or any part of the Property or any Interest in the yperty is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Bi wer is sold or transferred) without
Lender’s prior written consent, Lender may require immediate paynjent 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 Borro' notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Aer
tl Bea hem
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(Seal) foal)
Nancy Mf Lanham -Borrower -Bortower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
Pay to the order of ‘
Cole Taylor Mortgage, a division of Cole Taylor Bank
without recourse
BancOhio Financia! LLC
By BA f (signature)
Name
Title Evaudin Pucke—
as Attorney-in-Faect for
Lucho Fuaucal LLC
P&P Services, Inc.
Pest Closing Specialist
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Multistate Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3200 1/01
‘The Compliance Source, Inc. Page3 of 3 12601MU 08/00 Rev. 02/10
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corre ery
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BK: 2033 PG: 439
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After recording return to:
P& P Services, Inc.
Fulfillment Services 2 400009907
4400 Alpha Road Filed for Record in
Dallas,TX 75244 CLARK COUNT
NANCY PENCE? " RECORDER
fase 208 At oF 49 othe
oR Veluse 203s" Page 439 ~ 453
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Parcel ID No.: 340-07-00028-308-040
[Space Above This Line For Recording Data}
orrc.
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DEFINITIONS.
‘Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
@ “Security Instrument” means this document, which is dated July 22, 2014, together with all Riders to this
document.
B) “Borrower” is Nancy M. Lanham aka Nancy Lanbam, onmartied. Borrower is the mortgagor under
this Security Instrument.
© “MERS” is Mongage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lenderand Lender's successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone
‘number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
‘Oblo Mortgage—Single Famlly—Fanale Mae/Freddie Mac Uniform Instrumeat Form 3036 1/01
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‘The Compliance Source, Inc. Page lof 15 Modified by Compliance Source 143010H 08/00 Rev. 04/13
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201400009707
POWELL TITLE AGENCY LTD
271 ppure GeeRTY STREET
POWELLO}
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BK: 2033 PG: 440
.
@) “Lender” is BancObio Financial, LLC. Lender is a limited lial ility corporation organized and existing
under the laws of Ohio Lender’s address is 285 S. Liberty Street, Powell, OH 43065.
®) “Note” means the promissory note signed by Borrower and dated July 22, 2014. The Note states that
Borrower owes Lender Fifty Nine Thousand Four Hundred and oq/100ths Dollars (U.S. $59,400.00) plus
interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fall not later
than August1, 2044.
® “Property” means the property that is described below under|the heading “Transfer of Rights in the
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@ “Loan” means the debt evidenced by the Note, plus interest, any ‘prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
@ “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following
Riders areto be executed by Borrower [check box as applicable}
1 Adjustable Rate Rider 2 Condominium Rider Second Home Rider
2 Balloon Rider Planned Unit Development Rider Biweekly Payment Rider
(1 1-4 Family Rider 2 Revocable Trust Rider
1 Other(s) specify]
@ “Applicable Law” mcans 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.
@ “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.
© “Escrow Items” means those items that are described in Section 3.
™ “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 ofall or'any part of the Property; (ji) conveyance
in lieu of condemnation; of (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
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BK: 2033 PG: 441
(0) “Periodic Payment” means the regularly scheduled amount due] for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrumer
) “RESPA” means the Real Estate Settlement Procedures (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (12 CER. Part 1024), as they mi be amended from time to time, or any
additional or successor legislation or regulation that governs the same subject matter. As used in this
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 Joan” under RESPA.
@ “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligat tions under the Note and/or this Seeurity Instrument,
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of ‘thet Loan, and all renewals, extensions and
modifications of the Note; and (ii) 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
[Type ofRecording Jurisdiction} [Name of Recording Jurisdiction]
The land referred to in this Commitment is described as follows:
Situate in the City of Springfield, in the County of Clark, and State of Ohio, and further described as follows:
Being part ofthe southwest quarter of Section 28, Township 5, Range 9, M.R.S.
Beginning at a stone in the center line ofthe Springfield-Selma Turnpike Road at the southwest corner of the
premises now (1939) owned by Bessie Thomas Keller, being the second tract designated in the deed dated
September 13, 1937, recorded in Vol. 311, at page 199, Deed Records of Clark County, Ohio; thence running
with said center line of said Road North 50° W. 43
feet to a public alley; running thence with the east line of said alley North 39 1/4° East 187 feet to the center of
a 14 foot alley;
thence with the center line of said last named alley South 50 3/4° East to the northwest corner of said Bessie
‘Thomas Keller's premises; thence southwardly along the westerly line of said Bessie Thomas Keller's
premises 187 feet, more or less, to the place of beginning.
Prior Instrument Reference: Vol. » Page .
Parcel No.:340-07-00028-308-040
which currently has the address of 916 Selma Road
Street]
Springfield » Ohio 45505 (Property Address”):
[City] [Zip Code] 1
TOGETHER WITH all the improvements now or hereafter crested 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
i?
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
Ohio Mortgage Single Family—Fanpie MaelFreddie Mac Uniform Instrument I Form 3036 W/01
‘The Compliance Source, Inc. Page 3 of15 Modifiedby Compliance Source 1430101 08/00 Rev. 04/13
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BK: 2033 PG: 442
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.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
rightto 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 any prepayment
charges and late charges due under the Note. Borrower stall 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 checkor
other instrument received by Lenderas 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 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 15. Lender may
retum any payment or partial payment if the paymentor 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 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 shell 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 applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late changes, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any ‘payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of onelor more Periodic Payments, such excess
may be applied to any late charges due, Voluntary prepayments shall be applied firstto any prepayment charges and
then as described in the Note.
‘Ohio Mortgage—Single Family—Fannle Mae/Freddie Mac Uniform Instrument Form 3036 1/01
MERS Modit
‘The Compliance Source, Ine. Page 4of15 Modified by Compliance Source 143010H 08/00 Rev. 04/13
‘worw.complianeesource.com I ©2000-2013,The Compliance Source, ine.
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BK: 2033 PG: 443
Any application of payments, insurance proceeds, or Miscell us 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 fall, 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 all insurance
required by Lender under Section 5; and (4) Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender in lieu ofthe payment of Mortgage Insurance premiums in accordance with the provisions of
Section 10, 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
shal] be an Escrow Item. Borrower shall promptly fumish 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 15 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 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,
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 Eserow 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 eamings 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 ofj 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
nome than 12 monthly payments.
jpon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
ponower’any
tay Funds held by Lender.
‘Obio Morigage—Single Family—Fannie MaciFreddie Mac Uniform Instrument Form 3036 1/01
MERS
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2033 PG: 444
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4, Charges; Liens, Borrower shall pay all taxes, ents, 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
r in Section 3.
Borrower shall promptly discharge any lien which hes priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends
against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement
of the lien while those proceedings are pending, but only until such procesdings 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.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan,
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts {including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding 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 notbe exercised unreasonably. Lender may require Borrowerto pay, in connection with this Loan,
either: (a)a one-time charge for flood zone detcrmination, 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,
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
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold
Preview
Clark County, Ohio FILED APR 04 2024 Common Pleas Court Melissa M. Tuttle, Clerk IN THE COURT OF COMMON PLEAS CLARK COUNTY, OHIO Deen meee e meee eee cent ete e eee enn et nee e eee sleene ree eee ser eeeeeseesaneenees Fifth Third Bank, N.A. Case No. 24 0V287 Madisonville Operations Center MD IMOBBW Judge 5001 Kingsley Drive Cincinnati, Ohio 45227 COMPLAINT FOR FORECLOSURE Plaintiff 1 vs. John Doe(s), Name(s) Unknown, the Unknown heirs, devisees, legatees, beneficiaries of Nancy M. Lanham, AKA Nancy Lanham and their unknown spouses and creditors; and, the unknown spouse of Nancy M. Lanham, AKA Nancy Lanham 916 Selma Road Springfield, OH 45505 Clark County Treasurer 31 North Limestone Street Springfield, OH 45502 Defendants. Now comes Plaintiff, Fifth Third Bank, N.A. ("Plaintiff"), who hereby alleges and asserts 1 against the Defendants as follows: Background Nancy M. Lanham, AKA Nancy Lanham executed the promissory note (the "Note") that is the subject of this action. A copy of the Note is attached hereto as Exhibit A. Attached hereto as Exhibit B is a copy of the mortgage (the "Mortgage") that was validly executed in connection with the execution of the Note. The parties to the Mortgage intended that it attach to the entire fee simple interest in the property. 24-004820_BAL C2 t 1 The Mortgage was recorded July 30, 2014 as Official Records Volume 2033, Page 439, Clark County, Ohio records. The Mortgage is a lien on the property (the "Property") described more fully in the attached Mortgage. The Note and Mortgage are in default. Plaintiff has satisfied conditions precedent and declared the entire balance due and payable. i COUNT ONE: BREACH OF NOTE Plaintiff incorporates each of the preceding allegations into Count One by reference. Nancy M. Lanham, AKA Nancy Lanham is deceased. As a result, Plaintiff is not seeking a personal judgment against the foregoing defendant but is seeking instead to enforce its ' 1 security interest. Because the Note has been accelerated and is in default, Plaintiff is entitled to recover from the sale of the Property the principal amount of $48,370.57, plus interest on the outstanding principal amount at the rate of 5.375% per annum from October 1, 2023, plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio law. Plaintiff is a person entitled to enforce the Note. COUNT TWO: FORECLOSURE Plaintiff incorporates each of the preceding allegations into Count Two by reference. 10. The Mortgage is a valid and subsisting lien on the Property, subject only to any lien that may be held by the County Treasurer that has priority over the Mortgage as a matter of law. 11 The Mortgage was given to secure the Note. 24-004820_BAL 12. Plaintiff is entitled to foreclose the Mortgage due to default. See Exhibit B, Exhibit C, and Exhibit D. 13 The Preliminary Judicial Report attached to this Complaint as Exhibit E refers to other persons, if any, who are named as defendants in this|action. 14. The identity and address of John Doe(s), Name(s) Unknown, the Unknown heirs, devisees, legatees, beneficiaries of Nancy M. Lanham, AKA Nancy Lanham and their unknown spouses and creditors; and, the unknown Spouse of Nancy M. Lanham, AKA' Nancy Lanham are unknown and could not be discovered by reasonable diligence. PRAYER FOR RELIEF 15, Plaintiff prays for the following relief: e a finding of default on the note in the principal amount of $48,370.57, plus | interest on the outstanding principal amount at the rate of 5.375% per annum from October 1, 2023, plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage except to the extent the payment is prohibited by Ohio law; a finding that the Mortgage is a valid and subsisting lien on the Property, subject only to any lien that may be held by the County Treasurer that has priority over| | the Mortgage as a matter of law; an order (1) foreclosing the equity of redemption and dower of all defendants named in this action, (2) requiring that the Property, be sold free and clear of all liens, interests, and dower, (3) requiring all jefendants to set up their liens or | interest in the Property or be forever barred ‘om asserting such liens or interests, (4) requiring that the proceeds of the sale of'the Property be applied to pay all 24-004820_ BAL amounts due Plaintiff, and (5) granting Plaintiff all other relief, legal and & equitable, as may be proper and necessary, including, for example, a writ of LL, possession. 4(0075177 Ann Marie Johnson (0072981) Michael E. Carleton (0083352) Carla M. Allen (0100929) Kimberly D. Fulkerson (0073756) Kirsten E. Friedman (0096466) Justin M. Ritch (0085358) Kyle E. Timken (0071381) Richard J. Sykora (0093134) Manley Deas Kochalski LLC P. O. Box 165028 Columbus, OH 43216-5028 Telephone: 614-220-5611 Fax: 614-220-5613 Email: adk@manleydeas.com Attomey for Plaintiff |1 *Please note: The documents attached hereto may have been redacted to remove personal information and personal identifiers, such as financial account information, social security numbers, dates of birth, and similar information to further protect the privacy of borrowers and mortgagors. 24-004820_BAL \ways 4 ee on ORIGIN NOTE Suly 22, 2014 Powell Ohio ' [Date] [City] [State] 916 Selma Road, Springfield, OH 45505 [Property Address] 1. BORROWER’S PROMISE TO PAY In return for a Ioan that T have received, I promise to pay U.S. $59,400.00 (this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is BancOhio Financial, LLC. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer atid who is entitled to receive payments under this Note is called the “Note Holder.” 1 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.375%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 1 i 3. PAYMENTS (A) Time and Place of Payments T will pay Principal and interest by making a payment every month, i Twill make my monthly payment on the 1st day of each month beginning on September 1, 2014. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest!before Principal. If, on August 1, 2044, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.” I will make my monthly payments at 285 S. Liberty Street, Powell, OH 43065 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $332.63. 5} 1 4 BORROWER’S RIGHT 10 PREPAY T have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. I may 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 I 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 I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. x 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the int st OF other Joan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such | Muhtistate Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3200 1/01 ‘The Compliance Sonrce, Inc. Page 1 of 3 12601MU 08/00 Rev. 02/10 ‘www.compliancesource.com ©2000-2010, The Compliance Source, Inc. mia ORIGINAL \ways « we on ! Joan charge shall be reduced by the amount necessary to reduce the charge i the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. e Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct pay: it to me. If a refimd 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 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment, (B) Default IfI do not pay the full amount of each monthly payment on the date it is due, } will be in default. {' (C) Notice of Default IfJ am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue ainount 1 by acertain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, (D) No Waiver By Note Holder Even if, at a time when J am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that mbst 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 1 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 mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given alnotice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Tf more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any }‘person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person, who takes over these obligations, including the obligations of a guarantor, surety or endorser of 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 amounts owed under this Note, | 9. WAIVERS | I and any other person who has obligations under this Note waive the rights of presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given = to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make i payment in full of all amounts I owe under this Note. Some of those conditions are described as follows Multistate Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3200 L01 The Compliance Source, Enc. Page 2 of 3 12601MU 08/00 Rev, 02/10 snww.compliancesource.com ©2000-2010, The Compliance Source, Inc. OHIGINAL \rays 9 ue or Tf all or any part of the Property or any Interest in the yperty is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Bi wer is sold or transferred) without Lender’s prior written consent, Lender may require immediate paynjent 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 Borro' notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Aer tl Bea hem ii (Seal) foal) Nancy Mf Lanham -Borrower -Bortower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] Pay to the order of ‘ Cole Taylor Mortgage, a division of Cole Taylor Bank without recourse BancOhio Financia! LLC By BA f (signature) Name Title Evaudin Pucke— as Attorney-in-Faect for Lucho Fuaucal LLC P&P Services, Inc. Pest Closing Specialist a Multistate Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3200 1/01 ‘The Compliance Source, Inc. Page3 of 3 12601MU 08/00 Rev. 02/10 a www.complinncesource.com ©2000-2010, The Compliance Source, inc. corre ery HNC BK: 2033 PG: 439 | i After recording return to: P& P Services, Inc. Fulfillment Services 2 400009907 4400 Alpha Road Filed for Record in Dallas,TX 75244 CLARK COUNT NANCY PENCE? " RECORDER fase 208 At oF 49 othe oR Veluse 203s" Page 439 ~ 453 :: 1 Parcel ID No.: 340-07-00028-308-040 [Space Above This Line For Recording Data} orrc. I DEFINITIONS. ‘Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and21. Certain rules regarding the usage of words used in this document are also provided in Section 16. @ “Security Instrument” means this document, which is dated July 22, 2014, together with all Riders to this document. B) “Borrower” is Nancy M. Lanham aka Nancy Lanbam, onmartied. Borrower is the mortgagor under this Security Instrument. © “MERS” is Mongage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lenderand Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone ‘number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. ‘Oblo Mortgage—Single Famlly—Fanale Mae/Freddie Mac Uniform Instrumeat Form 3036 1/01 MERS Modif ‘The Compliance Source, Inc. Page lof 15 Modified by Compliance Source 143010H 08/00 Rev. 04/13 worvcompliancesouree.com | ©2000-2013, ince Source, Inc. 201400009707 POWELL TITLE AGENCY LTD 271 ppure GeeRTY STREET POWELLO} UANRCAA BK: 2033 PG: 440 . @) “Lender” is BancObio Financial, LLC. Lender is a limited lial ility corporation organized and existing under the laws of Ohio Lender’s address is 285 S. Liberty Street, Powell, OH 43065. ®) “Note” means the promissory note signed by Borrower and dated July 22, 2014. The Note states that Borrower owes Lender Fifty Nine Thousand Four Hundred and oq/100ths Dollars (U.S. $59,400.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fall not later than August1, 2044. ® “Property” means the property that is described below under|the heading “Transfer of Rights in the - @ “Loan” means the debt evidenced by the Note, plus interest, any ‘prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. @ “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders areto be executed by Borrower [check box as applicable} 1 Adjustable Rate Rider 2 Condominium Rider Second Home Rider 2 Balloon Rider Planned Unit Development Rider Biweekly Payment Rider (1 1-4 Family Rider 2 Revocable Trust Rider 1 Other(s) specify] @ “Applicable Law” mcans 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. @ “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. © “Escrow Items” means those items that are described in Section 3. ™ “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 ofall or'any part of the Property; (ji) conveyance in lieu of condemnation; of (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 | i ‘Obio Mortgnge—Single Family—Fannie Mae/Freddie Mac Uniform Instrument MERS Modified I Form 3036 1/01 ‘The Compliance Source, Inc. Page 20f 15 Modified, iby Compliance Source 1430101 08700. Ret 04/13 wwrwscomplianeesourte.com ‘omy Inc, SS » INDIA BK: 2033 PG: 441 (0) “Periodic Payment” means the regularly scheduled amount due] for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrumer ) “RESPA” means the Real Estate Settlement Procedures (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 CER. Part 1024), as they mi be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this 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 Joan” under RESPA. @ “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligat tions under the Note and/or this Seeurity Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of ‘thet Loan, and all renewals, extensions and modifications of the Note; and (ii) 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 [Type ofRecording Jurisdiction} [Name of Recording Jurisdiction] The land referred to in this Commitment is described as follows: Situate in the City of Springfield, in the County of Clark, and State of Ohio, and further described as follows: Being part ofthe southwest quarter of Section 28, Township 5, Range 9, M.R.S. Beginning at a stone in the center line ofthe Springfield-Selma Turnpike Road at the southwest corner of the premises now (1939) owned by Bessie Thomas Keller, being the second tract designated in the deed dated September 13, 1937, recorded in Vol. 311, at page 199, Deed Records of Clark County, Ohio; thence running with said center line of said Road North 50° W. 43 feet to a public alley; running thence with the east line of said alley North 39 1/4° East 187 feet to the center of a 14 foot alley; thence with the center line of said last named alley South 50 3/4° East to the northwest corner of said Bessie ‘Thomas Keller's premises; thence southwardly along the westerly line of said Bessie Thomas Keller's premises 187 feet, more or less, to the place of beginning. Prior Instrument Reference: Vol. » Page . Parcel No.:340-07-00028-308-040 which currently has the address of 916 Selma Road Street] Springfield » Ohio 45505 (Property Address”): [City] [Zip Code] 1 TOGETHER WITH all the improvements now or hereafter crested 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 i? 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 Ohio Mortgage Single Family—Fanpie MaelFreddie Mac Uniform Instrument I Form 3036 W/01 ‘The Compliance Source, Inc. Page 3 of15 Modifiedby Compliance Source 1430101 08/00 Rev. 04/13 worw.compliancesource.com ©2000-2013,The Compliance Source, Inc. a IEC BK: 2033 PG: 442 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. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the rightto 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 any prepayment charges and late charges due under the Note. Borrower stall 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 checkor other instrument received by Lenderas 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 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 15. Lender may retum any payment or partial payment if the paymentor 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 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 shell 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 applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late changes, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any ‘payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of onelor more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied firstto any prepayment charges and then as described in the Note. ‘Ohio Mortgage—Single Family—Fannle Mae/Freddie Mac Uniform Instrument Form 3036 1/01 MERS Modit ‘The Compliance Source, Ine. Page 4of15 Modified by Compliance Source 143010H 08/00 Rev. 04/13 ‘worw.complianeesource.com I ©2000-2013,The Compliance Source, ine. TNA BK: 2033 PG: 443 Any application of payments, insurance proceeds, or Miscell us 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 fall, 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 all insurance required by Lender under Section 5; and (4) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu ofthe payment of Mortgage Insurance premiums in accordance with the provisions of Section 10, 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 shal] be an Escrow Item. Borrower shall promptly fumish 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 15 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 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, 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 Eserow 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 eamings 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 ofj 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 nome than 12 monthly payments. jpon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to ponower’any tay Funds held by Lender. ‘Obio Morigage—Single Family—Fannie MaciFreddie Mac Uniform Instrument Form 3036 1/01 MERS ‘The Compliance Source, Inc. PogeSof 1S Modified! iby Compliance Source S 143010H 08/00 Rev. 04/13 ‘yeww.compliancesouree.com 1e Compliance Source, Inc. HAN 2033 PG: 444 BK: 4, Charges; Liens, Borrower shall pay all taxes, ents, 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 r in Section 3. Borrower shall promptly discharge any lien which hes priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such procesdings 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. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts {including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding 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 notbe exercised unreasonably. Lender may require Borrowerto pay, in connection with this Loan, either: (a)a one-time charge for flood zone detcrmination, 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, 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 disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold