Preview
Hearing Date: 6/14/2024 1:30 PM
Location: Court Room 2806
Judge: Cocozza, Margaret) ean
FILED
4/15/2024 10:18 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH03210
Calendar, 58
27254637
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
PennyMac Loan Services, LLC
PLAINTIFF
Vs.
No, 2024CH03210
Tillie Johnson; United States of America - Secretary of
Housing and Urban Development; Cedar Creek of 144 Treehouse Road
Matteson Homeowner Association; Unknown Owners Matteson, IL 60443
and Nonrecord Claimants
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, PENNY MAC LOAN SERVICES, 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":
Tillie Johnson; United States of America - Secretary of Housing and Urban Development; Cedar Creek of
Matteson Homeowner Association; 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.
Attached as "EX HIBIT C" is a copy of the Loan Modification A greement.
3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage.
(B) Date of the Mortgage: 3/19/2015
(C) Name of mortgagor(s):
Tillie Johnson
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for FBC Mortgage, LLC
(E) Date and Place of Recording or Registering:
4/1/2015
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 1509147122
(G) Interest subjectto the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $190,622.00
(I) Both the legal description of the mortgaged real estate and the common address or other information
sufficient to identify it with reasonable certainty:
LOT 125 IN CEDAR CREEK UNIT 1, BEING A SUBDIVISION OF THAT PART OF THE
NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN, LY ING WEST OF ARTHUR T. MCINTOSH COMPANY'S CRAWFORD
COUNTRY SIDE UNIT NO. 1 AND LYING NORTH OF ARTHUR T. MCINTOSH AND COMPANY'S
CRAWFORD COUNTRY SIDE UNIT NO. 2, RECORDED MAY 21, 1998 AS DOCUMENT 98425869,
ALL IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 144 Treehouse Road
Matteson, IL 60443
TAX PARCEL NUMBER: 31-15-212-003-0000
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest
and insurance for 12/01/2023, through the present; the principal balance due on the Note and the Mortgage is
$269,863.31, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan
modification agreement, and the current per diem is $53.60.
(K) Name of present owner(s) of said premises:
Tillie Johnson
(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:
United States of America - Secretary of Housing and Urban Development, by virtue of a Mortgage executed
by Tillie Johnson, dated October 4, 2023, and Recorded/registered on November 7, 2023 in the office of the
Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 2331106040, to secure a note in the
principal sum of $55,503.24;
Cedar Creek of Matteson Homeowner Association, by virtue of the fact that, upon information and belief, it
is the Homeowners Association for the subject property and may have some interest in the subject real estate
for unpaid assessments or other charges.
(M) Names of defendants claimed to be personally liable for deficiency, if any:
None.
(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:
Tillie Johnson;
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.
TL An order granting possession, if sought.
(iv) An order placing the mortgagee in possession or appointing a receiver, if sought.
(v) A judgment for attomeys' fees, costs and expenses, if sought.
(vi)
VL For the appointment of a Selling Officer, if deemed appropriate by this court.
(vii) Such other and further relief as this court deems just.
PennyMac Loan Services, LLC
BY: /s/ James J Bernhard
ARDC No. 6255630
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
14-24-02161
NOTE: This law firm is a debt collector.
Doc#. 1509147122 fee: $66.00
Date: 04/01/2015 09:52 AM Pg: 1 of 10
Cook County Recorder of Deeds
*RHSP:$9.00 RPRF:$1.00 FEES Applied
Hlinois Anti-Predatory
Lending Database
Program
Certificate of Compliance
Report Mortgage Fraud
800-632-8785 =
an oe - ~ -
The prope: identified a PE : 31-48-212-003-0000 a a
Address:
Street: 144 TREEHOUSE RD
Street Hine 2:
City: MATTESON State: iL ZIP Code: 60443
Lender, FBC Mortgage LLC
Borrower: Tile Johnson, unmarried wornan
i
Loan / Mortgage Amount: $190,622.00
Pursuant to 765 [LCS 77/70 et seq., this Certificate authorizes the County Recorder of Deeds io record a residential
mortgage secured by this properly and, if applicable, a simultaneously dated HELOC.
by
Certificate nurer: Execution date: 09/19/2016
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Whe cord: urn tO;
FBC Mi LLC
Akin: Fina: cument Department
41230 Cami Park Drive, Suite 116
Longwoog, FL. 79
407-87 2- 83
This instrument was prepared by:
FBC Mortgage, LLC
489 S. Orange Avenue, Suite 970
Orlando, FL 32804
877-420-4839
FHA Case Ni re.
State of Hiinais
Aer
MORTGAGE
‘Fetus:
LG} von
POBs W. 35st Breet Sta. 110
‘Orland
Park, Gade MERS PHONE #: 1-882-679-6377
neo THIS MORTISAC “Security instrument’) is given on March 49, 2045, The Morigager is
("Borrower").
“MERS” is Mortgage Electronic Regisiration Systems, Inc. MERS is a separate comeration that is acting sclely as a
nominee for Lender and Lender's successors and signs. MERS is the mortgagee under this Security instrument.
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organized and existing under ihe faws of Delaware, and has an address and teleohone number of
A) 48501-2026. tel. (888) 679-MERS. FBC Morigage, LLC, a Limited Liability Company
LOAN #.
—_—
(CLender’} is organized and
existing under the taws of Florida
and has an address of 489 S. Orange Avenue, Suite 978, Orlando , FL 32864
Borrower owes Lender the principal sumof GONE HUNDRED NINETY THOUSAND SIX HUNDRED TWENTY TWO
AND OMG Tt te etre Res eRe awa et heresies tare ee sate ee Dollars (U.S. $190,622.00 }
is debt is ¢ enced by Barrower's note cated the same date as this Security Instrument ("Note"), wl ich provides for
y pa nts, with the full debt, if not paid earlier, due and payable o- April 1, 2046,
vs Secur ty instrument secures to Leriier: (a) the repayment of the debi evidenced by the Note, with Interest, and all
renewals, extensions and modifications of the Note; (b) the payment of af other sums, with interest, advanced under
paragraph 7 to protect the security of this Securliy Instrument; and (c} the performance of Borrower's covenants and
agreements under this Security Instrumert and the Note. For this purpose, Borrower does hereby morigage, grant and
oe y fo MERS (solely as riominee for Lender and Lender’s successors and assigns} and tothe successors and assigns
of Mi the following described property located in Cook County, Hinols:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A”.
APN #: 24-46-242-002-0000
¥
which has the address of 4144 Treehouse Road, Matteson,
jStreet, Cit,
Minors 60443 (‘Property Address’)
idip C ia}
TOGETHER WATH all the improvements now or hereafter erected on the property, and all easements, appurtenances
and fixtures now or hereafter a part of the property. All replacements and additions shall aiso be covered by ihis
Security instrument. AU of the ioregoing is sef d to in this Security Instrument as the “Properly.” Borrower
understands and agrees that MERS holds only legal title to the interests granted by Borrower in this S: ity
instrument. Sut, if necessary fo comply with law or custom, MERS {as nominee for Lender and Lender's successors
and assigns} has ithe right te exercise any or all of those interests, including, but tof limited to, ihe right to foreclose
and sell ihe 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 lawiully seized of the estate hereby conveyed and has the right to
mnorigage. grant and convey the Property and that the Property is unericumbered, except for encumbrances of record.
Sorrower warrants and wil deferid generally the tile to the Property against all claims and demands, subject to any
ennanbrances af record.
THIS ¢ URITY INSTRUMENT combines uniform covenants for nationaf use and non-uniform covenants with
iniied variations oy jurisdiction io constitute a uniform security instrument covering real property.
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Bor ower arat Lende venant and agree as follows:
UNIFORM COVENANTS
4 Payment of Principal, interest and Late Charge. Borrower shail pay when due the principal of, and interest
on, the debt evidenced by the Note and tate aa ges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges, Borrower shalt include in each monthly payment,
fog 4 with the principat and interest as sei iarth in the Note and any tate charges, a sur for (a) taxes and special
as: saments levied oF to be Hed against the Property, (b} leasehold payments or ground rents on the Property, and
(c) premiums for insurance required under paragraph 4. in any year in whi: ch the Lender must pay a marigage insurance
Pp ium io ihe Seoretary of Housing and Urban Development (‘Secretary’ }. orin any year in whieh such preraium would
have been required nder still held ine Security instrument, each monthly payment shall alse include either: ()) a sum
for the annual mortg: nourance premium to be paid by Lender te the Senretary, or (i) a monthly charge instead of
a@ mortgage insurance pre ium if this ecurity Instrument is held by the Secretary, in a reascnable amount to be
deter: xed by the Secretary. Except for the monthly charge by the Secretary, these dems are callad “Escrow tems”
and the sums paid to Lender ase called “Escrow Funds.”
ander may, at any time, collect and hold amounts for Escrow iteras in an aggregate amount not to exceed the maximum
amount that may be required for Borrower's escrow account under the Reai Estate Settlement Procedures Act of 1974, 12
U.S.C. Section 2601 et seq, and implementing regulations, 24 CFR Part 1024, as they may be arnended from time to time
CRESPA, except that the cushion of reserve permitied by RESPA ior unanticipated disbursements or disbursements before
aas
the Borrower's payments are avaiable in the account may noi be based on amounts due for the mortgege insurance pr ium.
if the amounts held by Lender for Escrow tems exceed the amounts permitied tc be held by RESFA, Lender shall
account to Borrower for the excess funds as required by RESPA. if tne amounts of funds held by Lender at any lime is
fot to pay ihe Escrow lems when due, Wender may nolify tre Borrower and require Borrower to make up the
sho: @ as permitted by RESPA,
The Escrow Funds are oledged as additional security for all sums secured by this Security instrument. If Borrower
tenders to Len the full payrner f ail such suas, Borrower's account shall de credited with the balance remaining
for all installment items a), (b}, and (c} and any morigage insurance premizm installment that Lender has not become
obi ated to pay fo the Secretary, and Lender shail prompily refund any excess funds to Borrower. Immediately prlor
toe josure sate of the Property or iis acquisition by Lender, Borrower's account shall be credited with any balance
remialt rig for ali instaiiments for tems (a}, (b), and (c}.
3. Application of Payments. All payments under paragraphs 1 and 2 shail he appliect by Lender as follows:
Farsi. to the mortgage insurance premium io he paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage instance premium;
Second, to ¥ faxes, special assessments, leasehold payments or ground rents. and fire, flood and other hazard
&
insurance pret NS, as required;
Third, to interest due under the N
to amortization of the principai of the Nete; and
tojate charges due under the Neie.
4 Fhe, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether row
in existence or subsequently erected, against any hazards. casuallies, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.
Eevrower shail aiso insure ail improvements on the Property, whether now in existence or subsequenily erected, against
loss by fivots to the extant required by the Secretary. All insurance shall be carried with companies approved by Lender.
The insurance policies and any renewals shall be held by Lender and shali include loss payable clauses in favor of, and
in a form accepiabie to, Lender.
in the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss ifnot made
promptly by Borrower. Each insurance company concemed Is hereby authorized and directed to make payment for such
loss dir tly to Lender stead of to Borrower and to Lender joinily. Ail or any part of the insurance proceeds may be
applied by Lender, at its option, elffer (a) to the reduction of the indebtedness under the Note and this Security
instrument, first fo any delinquent arnsunts applied in the order in paragraph 3. and than to prepayrnent of principal,
or (b} to the restoration or repair of the damaged Property. Any application of the proceeds fo the principal shail not
extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount
of such payments. Any excess insurance proceeds over an amount required to pay ail oulstanding indebtedness under
the Nofe and ihis Security Instrument shafl be paid to the entity fegally entitled thereto.
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LOAN #.
In the t of foreciosure of this Security Instrument or other transfer of tile to ine Property that ex!
indebtedne: all right, lille and irderest of Borrower in and to insurance policies in force shail pass to the purchaser.
6. Occupancy, Preservation, Maintenance and Protection of the Property, Borrower's Loan Application;
Leasehoids. Borrower shail occupy, establish, and use the Property as Borrower's principal residence within sixty days
alter the execution of this Security instrument (or within sixty days of a later sele or transfer of ihe Prnperiy} and shail
continue to occupy the Property as Borrower's principal re: idence far at least one year after the date of occupancy,
uri Lender determines that caquirement wii cause undue hardship fer Borrower, or unless extenuating circumstances
exist which are beyond Borrower's centrol. Borrower shall notify Lender of any exienuating circumstances. Borrower
i not comrnil waste or destroy, damage or substantially change the Property or allow the Properiy to deteriorate
:
reasor lable wear and tear excepted. Lender may inspect the Property if ihe Properly is vacant or abandoned or the loan
Ss default. £ ender may take reasonable action to prolect and preserve such vacant or abandoned Property. Borrower
snail also he detautt if Borrower, during the loan application process, gave materially false or inaccurate information
or siaiements to Lender (or failed to provide Lender with any material inforraation) in connection with the foan evidericed
by the Note, inetuding, but not limited to, representations concerning Borrower's occupancy of the Property as a
principal residence. ff this Security instrument is on a leasehold, Borrower shall comply with the provisions of the lease.
if Borrower acquires fee title to the Property, tie feasehoid and fee title shall not be merged unless Lender agrees to the
merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with
any condemnation or other taking of any part of the Property, cr for conveyance in place of condemnation, are hereby
Signed and shall be paid to Lender to the extent of the full ammount of the Indebtedness thai remains unpaid under the
Note and this Security instrur nt. Lender shall apply such proceeds to the reduction of the indebtedness under the Note
J this Seourity Instrument. first to any deliriquent amounts applied in the order provided in paragraph 3. and then to
repayment of principal, Any application of the proceeds to the principal shall not extend or postpone the due date of
the monthly payments, which are referred to in paragraph 2. or change the ammount of such payments. Any excess
proceeds over an armour requited {6 pay all outstanding indebtedness under the Note and this Security Instrument shalt
be paid to the entity legaily eniitied thersio.
7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental
of municipal charges. fines and impositions that are not included in paragraph 2. Borrower shal! pay these abligations
on fime directly to the entity which is owed the payment. If faiiure tc pay would adversely affect Lender's interest in the
Property, upon Lender's request Borrower shall promptly furnish te Lender receipts evidencin: these payments.
If Borrower is io make ihese payrnenis or ihe payments required by paragraph 2, or fails ta perform any aiher
covenants and agreements contained in this Security instrument. or there is a legal proceeding that may significantly
affect Lender's cights in ihe Property {such as a proceeding in bankruptcy. for condemnation or to enforce faws or
,
gui ions), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender’s rights
ip @ Prapert including payment of taxes, hazard insurance and other tems mentioned in paragraph 2.
ny amounts disbursed by Lender under this paragraph shall become an additional debi of Borrower and be
secured by this Security instrument. These arnounts shail bear interest from: the date of disbursement, at the Note rate,
and ai the option af Lendes, shall be immediately due and payable
Borrower shall prompily discharge ariy lien which has priority over this Security Instrument unless Borrower: (a)
ag Ses i WEENG the payment of the obligation secured by the fi in a mantier accepiadle to Lend ib) cor sks
in goed the lian by. or defends against enforcement i the fien in, iegal proceedings which in the Lender’s apinion
oper prevent the enforcerneni of the fier; or (c} secures from the holder of the tien an agreement satisfactory to
Lei 1 subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject
to a lien which ray altair priority over this Security Instrument, LLender may give Borrower a notice identifying the lien.
Borrower shalt satisfy the tien or take one or more of the actions sel forth above within 10 days of the givirig of notice.
& Fees. Lender may collect fees and charges authorized by the Secretary.
8. Grounds for Acceleration of Debt.
{a) Oefault, Lender may, except as limited by regulations issued by ihe Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security instrument if:
{} Borrower defaults oy failing to pay in full any monthly payment required by this Seaurity Instrument prior
io cr on the due date of the next monthly payment, or
(i) Borrower defaults by failing, for a pericd af thirty days, !o perform any other obligations contained in this
Security instrument.
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{bo} Sate Without Credit Approval. Lender shait, if permitted oy applicabie law (including Se:
Garn-St. Germain Depositary Institutions Act of 1962, 12 U.S.C. 1704} id} and with the prior approval of the
Secretary, require immediate payment in ili of all sums secured by this Security instrument if,
@ Ali or part of the Property, or a beneficial inierest in 2 irusi owning ail or part of the Property, is sold or
othenwise transferred (other than by devise or descent}, and
{i} The Proper: is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance
with the requirements of the Secretary.
{c} No Waiver. If circumstances occur ihat would permit Lender to require inimediaie payment in full, ‘but
Lender does not require such payments, Lender does not waive its rights with respect fa subsequent events ie
{d} Regulations of HUD Secretary. in many circumstances regulations issued by the Secretary will line
Lender’s fights, in ihe case of payment defaults, to require Immediate payment in full and forectose If not paid.
is Security Instrursent does not authorize acceleration or foreciosure Hf not permitted by regulations of. he
Secretary.
{o} Mortgage Not Insured, Borrower agrees thal if this Security instrument and the Note are not determined
jo be eligible for insurance under the Naiional Housing Act within 66 days from the date hereof, Lender may.
at its option, require immediaie payment in full of all sums securect by this Security Instrument. A writien
statement of any authorized agent of the Secretary dated subsequent ic 60 days from the date hereof, declining
io insure this Security instrument and the Nole, shali be deemed conclusive procf of such ineligibility.
otwith: nding the feregeing, option may noi be exercised by Lender when ihe unavailabitity of insurance
is solely due fo Ler wder's failure te remit a mortgage insurance premium te the Secretary,
40. Reinstatement. Borrower ha: ht to be rei nstated if Lender
has required immediate payment in full because
of Borrower's failure to pay an amou { due under the Note or this Security instru: ent. This right applies even after
for re prececdings are in: ited. To reinstate the Security Instrument, Borrower shail tender in a lump sum all
amor is required to bring Borrower’ count current including, te the extent they are obligations of Borrower under
this ‘Secu ity instrument, foreciosure costs and reasonable and customary attorneys’ fees and expenses properly
ociated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security instrument and the
obligations that i secures shall remain in effect as if Lender had not required enmediate payment in full. However, Lender
is net required ic permii reinstatement i (} Lender has accepted reinstatement after the commencement of foreciasure
proceedings within two years immediaiely preceding the commencement of @ current foreciosure proceeding, (ii)
reinstatement will preclude foreclosure on different grounds in ihe future, or (iii) reinstatement will adversely affect ihe
priozily of the lien created by this Security Instrument.
44. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne of payment or
modification of amortization of the sums secured by thie Security Instrument granted by Lender to any successor in
interest of Borrower shall not operatic to release the ability of the original Borrower or Borrower's successor in interest.
Lender shall not be required fo commence proceedings against any successer in interest or refuse to extend time fer
payment otherwise modify amortization of the sums secured by this Secutity Instrurnent by reason of any deriand
made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any fight
‘or remedy shalt not be a waiver of or preclude the exercise of any right or remedy,
42. Successors and Assigns Bound; Jotnt and Several Liability; Co-Signers. The covenants and agraements
of this Security instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9b). Borrower's ccvenants and agreememts shall be joint and several, Any Borrower who
co-sigits this Security instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
rot age, grant and convey that Gorrower’s interest in the Property under ihe terms of this Security instrument: ( is
fat gersorially obligated tc pay the sums secured by this Security instrument; and (c} agrees thal Lender and any other
Borrower may agree to extend, modify, forbear or make any accommodations with regard ie the terms of this Security
ingirument of the Note without that Borrower's consent.
13. Notices, Any rotice to Borrower provided fer in this Security instrument shall be given hy delivering it of by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Add: ar any other address Borrower designates oy notice to Lender. Any notice to Lender shali be given
by first class rac to Lencar's acdrass stated herein or any address Lender designates by notice to Borrower, Any notice
previced for in this Security instrument shall be deemed to have been given to Borrower or Lender when given as
provided in this paragraph.
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44. Governing Law; Severability. This Security Instrument shall be governed by Federal law and
urisdiction in whi Property is located. in the event thal any provision of clause of this Security Instrument or the
No’ con with applica ible law. such conflict shali not affect ather provisions of this Security Instrument or the Note
which can de given without the conflicting provision. To this end the provisions of tnis Security Instrument and
the Note are declared to be severable.
1§. Borrower's Copy. Borrower shall be given one conformed copy af the Note and of this Security Insteument.
46. Hazardous Substances, Borrower shaili not cause or permit the presence, use, disposal, storage, or release
of ar Hazardous Substartces on or in the Property. Borrower shail not do, nor allow anyone else to do, anything affecting
he Property that is in vioiation of am ronmental Law. The preceding ivo sentences shall nei apply to the presence.
or storage on ihe Property of sr: quantities of Hazardous Substances that are generally recognized to be
appropriate to acrmal residential uses and to mainienance of the Property,
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or privale party involving the Property and any Hazardous Substance or
Exvironiriental Law of which Borrower has actual knowledge. if Borrower leas, of is noiified by any governmental or
regulatory authority, tha’ any removal or off er remediation of any Hazardous Substances affecting the Property is
necessary, Borrower shail promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous
subst es by Environmentai Law and the following substances: gascline, kerosene, other flammable or toxic
petrelet m products, toxic pesticides and herbicides, voiatie solvents, materials containing asbestos or formatdehyde,
and radioactive materials. As used in this paragraph 16, “Environmental Law’ means tederail laws and laws of the
jurisdiction where the Property is located that relate tc health, saiety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
47. Assignment of Rants. Borrower unconditios ily assigns and transfers te Lender ail the rents and revenues of
ih Property. Sorrawer authoriz: Lender of Lender's agents fo collect the rents and revenues and hereby directs each
ienant of ihe Proparty to pay the rents to Lender or Lender's agents. However, prior o Lender's notice to Borrower of
Borrower's breach of any covenani or agreement in the Security Instrument, Borrower shaii collect and receive all rents
and revenues of the Property as Gustee for ihe benefit of Lender and Borrower. This assignment of rents constitutes an
absolute assigr meri and not an assignment for additional security onfy.
Hf Lender gives notice of breach te Borrower: (a) all rents received by Borrower ‘shall be held by Borrower as trustee
for bénefit of Lender only, to be apptied to the sums secured by the Security Instrument: (6) Lender shail be entitled to
collect arid receive ail of the rents of the Property, and (c) each tenant of the Properly shall pay all rents due and unpaid
’
co Lotider or Lender’s agent on Lender’ 's wiittan demand to the fenant
:
Boarrowe! tas not executed ary pr signment of the renis and has not and will not perform any act that wovid i
prevent Lendes m exercising tis rights under this paragraph 17.
Lender shall not be required ic enter upon, take coniral of or maintain the Property before or afier giving
notice of breach fo Borrower. However, Lender of 4 judicially appointed recei ay do so at any time there is a
breach. Any application of rents shall not cure or wai any default cr invalidate any other right or remedy of Lender.
This assignment o7 rents of the Property shall terminate when the debt secured by the Security instrument is paid in
Full
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
foreciose this Security instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred
in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys’ fees.
and costs of title evidence.
if the Lender’s interast in this Security Instrument fs held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 9, the Secretary may inveke the nenjudicial power of sale provided
in the Single Family Marigage Forectosure Act of 1994 (“Act"} (12 U.S.C. 3751 et seq.) by requesting a foreclosure
commissioner designated under the Art to commence foreclosure and to sell the Property as provided in the Act.
Nothing in the precoding sentence shail deprive the Secretary of any rights otherwise available to a Lender under
this Paragraph 18 or applicable jaw.
49. Release. Upon payment of all sums secured by this Security insuument, Lender shalt release this Secutity
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20, Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. a
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LOAN #:
21. Riders to this Security Instrument. If one of more riders are executed by Borrower and recorded fogel
ths Security instrument, the covenants of each such tider shall be incorparated into and shall amend and supplement
wenants and agreements of this Security instrument as if the nder(s) were a part of this Securify insirument.
ihe applicable bax{es}}
Condominium Rider L. Growing Equity Rider jannad Unit Devefopment Rider
Graduaied Payment Rider K: Other(s} [specify]
Fixed Interest Rate Rider
B
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security instrument and in any
rider eculed by Borrower and recorded with if.
Witnes:
~
f ?
CC
FILLE JOHNSON
yptdancarn 5 Lys
DATE
(Séal}
State of
County ofof Lf z fe
k
The foregoing instrument was acknowledged before me this MARCH 49, 2048 {date} by THLLIE JOHNSON
{name of person acknowledged).
o oN
s
2 Sener
Signature af Parson Taking Reka owiedgenenty
OFFICIAL SEAL Hf £
PATRICIA D AMOS
Notsry Pubic ~ State of Hinois
ok Le {Title or Rank}
:
My Commission Expies Jan 8, 2019
{Serial Number, If any}
Lender: FBC Mortgage, LLC
NBMLS ID: 152859
Broker: Great Morigage, inc
NMLS ID: 478647
Loan Originator: Dante Marques Royster
NMILS ID: 224309
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1509147122 Page: 9 of 10
LEGAL DESCRIPTION
Order No. a
For APNiParcel iD(s): 31-15-212-003-0000
For Tax Map ID(s): 31-15-212-003-0000
LOT 125 IN CEDAR CREEK UNIT 7, BEING A SUBDIVISION OF THAT PART OF THE NORTHEAST
1/4 OF SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING WEST OF ARTHUR T. MCINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE
UNIT NO. 1 AND LYING NORTH OF ARTHUR T. MCINTOSH AND COMPANY'S CRAWFORD
COUNTRYSIDE UNIT NO. 2, RECORDED MAY 21, 1998 AS DOCUMENT 98425869, ALL IN COOK
COUNTY, ILLINOIS.
x
Ret
1509147122 Page: 10 of 10
WEN:
HA Case No.
FIXED INTEREST RATE RIDER
FHA
THIS Fixed interest Rate Rider is made this 19th day of March, 2615 and is incorporated
inio and shail be deemed to arnend and supplement ihe Morgage (the “Security instrument”) of the same date given by
the undersigned (the ‘Barrower") to cur
cur @ Borrower's Note to FBC Mortgage, LLC, a Limited Liability Company
dhe “Lender’) of he same date and covering the Properly described in the Security Instrument and located at:
144 Treehouse Road
Matteson, IL 60443
Fixed interest Rate Rider COVENANT, in addition to the covenants and agreements made in the Security irstrument,
Borrower and Lender further covenant and agree that:
The interest thai is referenced in subsections (a) and (b} of the first paragraph is at the rate of 3,760 %.
BY SIGNING 8 WV, Borrower accepis and agrees to the terme and covenants contained in this Fixed interest Rate
Rider.
vee ean 4 U
ae
ee a 3 fal 15 Beaty
CGE TSANSGN DATE
5§
FHA s Fixed Inlerest Raie Rider
Ellie Mae, tne.
U3/18/2045 O7-68 AM PST
ro
°
EXHIBIT B NON
PERSONAL INFORMATION REDACTED
MIN:
Multistate
NOTE
nan
a co oe
March 19, 2015 Oriando, Florida
[Pato} [city] [Stato]
144 Treatiouse Road, Matteson, IL 60443
[Property Address)
1 PARTIES
“Borrower”
Preview
Hearing Date: 6/14/2024 1:30 PM Location: Court Room 2806 Judge: Cocozza, Margaret) ean FILED 4/15/2024 10:18 AM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH03210 Calendar, 58 27254637 Cook County #21762 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION PennyMac Loan Services, LLC PLAINTIFF Vs. No, 2024CH03210 Tillie Johnson; United States of America - Secretary of Housing and Urban Development; Cedar Creek of 144 Treehouse Road Matteson Homeowner Association; Unknown Owners Matteson, IL 60443 and Nonrecord Claimants DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, PENNY MAC LOAN SERVICES, 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": Tillie Johnson; United States of America - Secretary of Housing and Urban Development; Cedar Creek of Matteson Homeowner Association; 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. Attached as "EX HIBIT C" is a copy of the Loan Modification A greement. 3. Information concerning said Mortgage: (A) Nature of the instrument: Mortgage. (B) Date of the Mortgage: 3/19/2015 (C) Name of mortgagor(s): Tillie Johnson (D) Name of the original mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for FBC Mortgage, LLC (E) Date and Place of Recording or Registering: 4/1/2015 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 1509147122 (G) Interest subjectto the mortgage: Fee Simple. (H) Amount of original indebtedness: (1) Original Indebtedness: $190,622.00 (I) Both the legal description of the mortgaged real estate and the common address or other information sufficient to identify it with reasonable certainty: LOT 125 IN CEDAR CREEK UNIT 1, BEING A SUBDIVISION OF THAT PART OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LY ING WEST OF ARTHUR T. MCINTOSH COMPANY'S CRAWFORD COUNTRY SIDE UNIT NO. 1 AND LYING NORTH OF ARTHUR T. MCINTOSH AND COMPANY'S CRAWFORD COUNTRY SIDE UNIT NO. 2, RECORDED MAY 21, 1998 AS DOCUMENT 98425869, ALL IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 144 Treehouse Road Matteson, IL 60443 TAX PARCEL NUMBER: 31-15-212-003-0000 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest and insurance for 12/01/2023, through the present; the principal balance due on the Note and the Mortgage is $269,863.31, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan modification agreement, and the current per diem is $53.60. (K) Name of present owner(s) of said premises: Tillie Johnson (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: United States of America - Secretary of Housing and Urban Development, by virtue of a Mortgage executed by Tillie Johnson, dated October 4, 2023, and Recorded/registered on November 7, 2023 in the office of the Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 2331106040, to secure a note in the principal sum of $55,503.24; Cedar Creek of Matteson Homeowner Association, by virtue of the fact that, upon information and belief, it is the Homeowners Association for the subject property and may have some interest in the subject real estate for unpaid assessments or other charges. (M) Names of defendants claimed to be personally liable for deficiency, if any: None. (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: Tillie Johnson; 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. TL An order granting possession, if sought. (iv) An order placing the mortgagee in possession or appointing a receiver, if sought. (v) A judgment for attomeys' fees, costs and expenses, if sought. (vi) VL For the appointment of a Selling Officer, if deemed appropriate by this court. (vii) Such other and further relief as this court deems just. PennyMac Loan Services, LLC BY: /s/ James J Bernhard ARDC No. 6255630 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 14-24-02161 NOTE: This law firm is a debt collector. Doc#. 1509147122 fee: $66.00 Date: 04/01/2015 09:52 AM Pg: 1 of 10 Cook County Recorder of Deeds *RHSP:$9.00 RPRF:$1.00 FEES Applied Hlinois Anti-Predatory Lending Database Program Certificate of Compliance Report Mortgage Fraud 800-632-8785 = an oe - ~ - The prope: identified a PE : 31-48-212-003-0000 a a Address: Street: 144 TREEHOUSE RD Street Hine 2: City: MATTESON State: iL ZIP Code: 60443 Lender, FBC Mortgage LLC Borrower: Tile Johnson, unmarried wornan i Loan / Mortgage Amount: $190,622.00 Pursuant to 765 [LCS 77/70 et seq., this Certificate authorizes the County Recorder of Deeds io record a residential mortgage secured by this properly and, if applicable, a simultaneously dated HELOC. by Certificate nurer: Execution date: 09/19/2016 s 1509147122 Page: 2 of 10 © i i Whe cord: urn tO; FBC Mi LLC Akin: Fina: cument Department 41230 Cami Park Drive, Suite 116 Longwoog, FL. 79 407-87 2- 83 This instrument was prepared by: FBC Mortgage, LLC 489 S. Orange Avenue, Suite 970 Orlando, FL 32804 877-420-4839 FHA Case Ni re. State of Hiinais Aer MORTGAGE ‘Fetus: LG} von POBs W. 35st Breet Sta. 110 ‘Orland Park, Gade MERS PHONE #: 1-882-679-6377 neo THIS MORTISAC “Security instrument’) is given on March 49, 2045, The Morigager is ("Borrower"). “MERS” is Mortgage Electronic Regisiration Systems, Inc. MERS is a separate comeration that is acting sclely as a nominee for Lender and Lender's successors and signs. MERS is the mortgagee under this Security instrument. FRA illinois Morigage - 4/96 Fille Mag. tac. Page 1 of OU a2 SB AM PST H a a 1509147122 Page: 3 of 10 Fle organized and existing under ihe faws of Delaware, and has an address and teleohone number of A) 48501-2026. tel. (888) 679-MERS. FBC Morigage, LLC, a Limited Liability Company LOAN #. —_— (CLender’} is organized and existing under the taws of Florida and has an address of 489 S. Orange Avenue, Suite 978, Orlando , FL 32864 Borrower owes Lender the principal sumof GONE HUNDRED NINETY THOUSAND SIX HUNDRED TWENTY TWO AND OMG Tt te etre Res eRe awa et heresies tare ee sate ee Dollars (U.S. $190,622.00 } is debt is ¢ enced by Barrower's note cated the same date as this Security Instrument ("Note"), wl ich provides for y pa nts, with the full debt, if not paid earlier, due and payable o- April 1, 2046, vs Secur ty instrument secures to Leriier: (a) the repayment of the debi evidenced by the Note, with Interest, and all renewals, extensions and modifications of the Note; (b) the payment of af other sums, with interest, advanced under paragraph 7 to protect the security of this Securliy Instrument; and (c} the performance of Borrower's covenants and agreements under this Security Instrumert and the Note. For this purpose, Borrower does hereby morigage, grant and oe y fo MERS (solely as riominee for Lender and Lender’s successors and assigns} and tothe successors and assigns of Mi the following described property located in Cook County, Hinols: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A”. APN #: 24-46-242-002-0000 ¥ which has the address of 4144 Treehouse Road, Matteson, jStreet, Cit, Minors 60443 (‘Property Address’) idip C ia} TOGETHER WATH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall aiso be covered by ihis Security instrument. AU of the ioregoing is sef d to in this Security Instrument as the “Properly.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this S: ity instrument. Sut, if necessary fo comply with law or custom, MERS {as nominee for Lender and Lender's successors and assigns} has ithe right te exercise any or all of those interests, including, but tof limited to, ihe right to foreclose and sell ihe 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 lawiully seized of the estate hereby conveyed and has the right to mnorigage. grant and convey the Property and that the Property is unericumbered, except for encumbrances of record. Sorrower warrants and wil deferid generally the tile to the Property against all claims and demands, subject to any ennanbrances af record. THIS ¢ URITY INSTRUMENT combines uniform covenants for nationaf use and non-uniform covenants with iniied variations oy jurisdiction io constitute a uniform security instrument covering real property. FHA thinols Mortage - 4/96 Mae. Ine, Page 2 of 7 OSMNGZIS 5B AR 1509147122 Page: 4 of 10 Bor ower arat Lende venant and agree as follows: UNIFORM COVENANTS 4 Payment of Principal, interest and Late Charge. Borrower shail pay when due the principal of, and interest on, the debt evidenced by the Note and tate aa ges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges, Borrower shalt include in each monthly payment, fog 4 with the principat and interest as sei iarth in the Note and any tate charges, a sur for (a) taxes and special as: saments levied oF to be Hed against the Property, (b} leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. in any year in whi: ch the Lender must pay a marigage insurance Pp ium io ihe Seoretary of Housing and Urban Development (‘Secretary’ }. orin any year in whieh such preraium would have been required nder still held ine Security instrument, each monthly payment shall alse include either: ()) a sum for the annual mortg: nourance premium to be paid by Lender te the Senretary, or (i) a monthly charge instead of a@ mortgage insurance pre ium if this ecurity Instrument is held by the Secretary, in a reascnable amount to be deter: xed by the Secretary. Except for the monthly charge by the Secretary, these dems are callad “Escrow tems” and the sums paid to Lender ase called “Escrow Funds.” ander may, at any time, collect and hold amounts for Escrow iteras in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Reai Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq, and implementing regulations, 24 CFR Part 1024, as they may be arnended from time to time CRESPA, except that the cushion of reserve permitied by RESPA ior unanticipated disbursements or disbursements before aas the Borrower's payments are avaiable in the account may noi be based on amounts due for the mortgege insurance pr ium. if the amounts held by Lender for Escrow tems exceed the amounts permitied tc be held by RESFA, Lender shall account to Borrower for the excess funds as required by RESPA. if tne amounts of funds held by Lender at any lime is fot to pay ihe Escrow lems when due, Wender may nolify tre Borrower and require Borrower to make up the sho: @ as permitted by RESPA, The Escrow Funds are oledged as additional security for all sums secured by this Security instrument. If Borrower tenders to Len the full payrner f ail such suas, Borrower's account shall de credited with the balance remaining for all installment items a), (b}, and (c} and any morigage insurance premizm installment that Lender has not become obi ated to pay fo the Secretary, and Lender shail prompily refund any excess funds to Borrower. Immediately prlor toe josure sate of the Property or iis acquisition by Lender, Borrower's account shall be credited with any balance remialt rig for ali instaiiments for tems (a}, (b), and (c}. 3. Application of Payments. All payments under paragraphs 1 and 2 shail he appliect by Lender as follows: Farsi. to the mortgage insurance premium io he paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage instance premium; Second, to ¥ faxes, special assessments, leasehold payments or ground rents. and fire, flood and other hazard & insurance pret NS, as required; Third, to interest due under the N to amortization of the principai of the Nete; and tojate charges due under the Neie. 4 Fhe, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether row in existence or subsequently erected, against any hazards. casuallies, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Eevrower shail aiso insure ail improvements on the Property, whether now in existence or subsequenily erected, against loss by fivots to the extant required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shali include loss payable clauses in favor of, and in a form accepiabie to, Lender. in the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss ifnot made promptly by Borrower. Each insurance company concemed Is hereby authorized and directed to make payment for such loss dir tly to Lender stead of to Borrower and to Lender joinily. Ail or any part of the insurance proceeds may be applied by Lender, at its option, elffer (a) to the reduction of the indebtedness under the Note and this Security instrument, first fo any delinquent arnsunts applied in the order in paragraph 3. and than to prepayrnent of principal, or (b} to the restoration or repair of the damaged Property. Any application of the proceeds fo the principal shail not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay ail oulstanding indebtedness under the Nofe and ihis Security Instrument shafl be paid to the entity fegally entitled thereto. FRA Htinols Mottgage - 4/38, ie Mae, inc Page 3 of 7 1509147122 Page: 5 of 10 LOAN #. In the t of foreciosure of this Security Instrument or other transfer of tile to ine Property that ex! indebtedne: all right, lille and irderest of Borrower in and to insurance policies in force shail pass to the purchaser. 6. Occupancy, Preservation, Maintenance and Protection of the Property, Borrower's Loan Application; Leasehoids. Borrower shail occupy, establish, and use the Property as Borrower's principal residence within sixty days alter the execution of this Security instrument (or within sixty days of a later sele or transfer of ihe Prnperiy} and shail continue to occupy the Property as Borrower's principal re: idence far at least one year after the date of occupancy, uri Lender determines that caquirement wii cause undue hardship fer Borrower, or unless extenuating circumstances exist which are beyond Borrower's centrol. Borrower shall notify Lender of any exienuating circumstances. Borrower i not comrnil waste or destroy, damage or substantially change the Property or allow the Properiy to deteriorate : reasor lable wear and tear excepted. Lender may inspect the Property if ihe Properly is vacant or abandoned or the loan Ss default. £ ender may take reasonable action to prolect and preserve such vacant or abandoned Property. Borrower snail also he detautt if Borrower, during the loan application process, gave materially false or inaccurate information or siaiements to Lender (or failed to provide Lender with any material inforraation) in connection with the foan evidericed by the Note, inetuding, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. ff this Security instrument is on a leasehold, Borrower shall comply with the provisions of the lease. if Borrower acquires fee title to the Property, tie feasehoid and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of any part of the Property, cr for conveyance in place of condemnation, are hereby Signed and shall be paid to Lender to the extent of the full ammount of the Indebtedness thai remains unpaid under the Note and this Security instrur nt. Lender shall apply such proceeds to the reduction of the indebtedness under the Note J this Seourity Instrument. first to any deliriquent amounts applied in the order provided in paragraph 3. and then to repayment of principal, Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2. or change the ammount of such payments. Any excess proceeds over an armour requited {6 pay all outstanding indebtedness under the Note and this Security Instrument shalt be paid to the entity legaily eniitied thersio. 7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental of municipal charges. fines and impositions that are not included in paragraph 2. Borrower shal! pay these abligations on fime directly to the entity which is owed the payment. If faiiure tc pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish te Lender receipts evidencin: these payments. If Borrower is io make ihese payrnenis or ihe payments required by paragraph 2, or fails ta perform any aiher covenants and agreements contained in this Security instrument. or there is a legal proceeding that may significantly affect Lender's cights in ihe Property {such as a proceeding in bankruptcy. for condemnation or to enforce faws or , gui ions), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender’s rights ip @ Prapert including payment of taxes, hazard insurance and other tems mentioned in paragraph 2. ny amounts disbursed by Lender under this paragraph shall become an additional debi of Borrower and be secured by this Security instrument. These arnounts shail bear interest from: the date of disbursement, at the Note rate, and ai the option af Lendes, shall be immediately due and payable Borrower shall prompily discharge ariy lien which has priority over this Security Instrument unless Borrower: (a) ag Ses i WEENG the payment of the obligation secured by the fi in a mantier accepiadle to Lend ib) cor sks in goed the lian by. or defends against enforcement i the fien in, iegal proceedings which in the Lender’s apinion oper prevent the enforcerneni of the fier; or (c} secures from the holder of the tien an agreement satisfactory to Lei 1 subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which ray altair priority over this Security Instrument, LLender may give Borrower a notice identifying the lien. Borrower shalt satisfy the tien or take one or more of the actions sel forth above within 10 days of the givirig of notice. & Fees. Lender may collect fees and charges authorized by the Secretary. 8. Grounds for Acceleration of Debt. {a) Oefault, Lender may, except as limited by regulations issued by ihe Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security instrument if: {} Borrower defaults oy failing to pay in full any monthly payment required by this Seaurity Instrument prior io cr on the due date of the next monthly payment, or (i) Borrower defaults by failing, for a pericd af thirty days, !o perform any other obligations contained in this Security instrument. FRA iti Mortgage - 4/96 fille Ma Page 4 of 7 5 1509147122 Page: 6 of 10 LOAN #: {bo} Sate Without Credit Approval. Lender shait, if permitted oy applicabie law (including Se: Garn-St. Germain Depositary Institutions Act of 1962, 12 U.S.C. 1704} id} and with the prior approval of the Secretary, require immediate payment in ili of all sums secured by this Security instrument if, @ Ali or part of the Property, or a beneficial inierest in 2 irusi owning ail or part of the Property, is sold or othenwise transferred (other than by devise or descent}, and {i} The Proper: is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. {c} No Waiver. If circumstances occur ihat would permit Lender to require inimediaie payment in full, ‘but Lender does not require such payments, Lender does not waive its rights with respect fa subsequent events ie {d} Regulations of HUD Secretary. in many circumstances regulations issued by the Secretary will line Lender’s fights, in ihe case of payment defaults, to require Immediate payment in full and forectose If not paid. is Security Instrursent does not authorize acceleration or foreciosure Hf not permitted by regulations of. he Secretary. {o} Mortgage Not Insured, Borrower agrees thal if this Security instrument and the Note are not determined jo be eligible for insurance under the Naiional Housing Act within 66 days from the date hereof, Lender may. at its option, require immediaie payment in full of all sums securect by this Security Instrument. A writien statement of any authorized agent of the Secretary dated subsequent ic 60 days from the date hereof, declining io insure this Security instrument and the Nole, shali be deemed conclusive procf of such ineligibility. otwith: nding the feregeing, option may noi be exercised by Lender when ihe unavailabitity of insurance is solely due fo Ler wder's failure te remit a mortgage insurance premium te the Secretary, 40. Reinstatement. Borrower ha: ht to be rei nstated if Lender has required immediate payment in full because of Borrower's failure to pay an amou { due under the Note or this Security instru: ent. This right applies even after for re prececdings are in: ited. To reinstate the Security Instrument, Borrower shail tender in a lump sum all amor is required to bring Borrower’ count current including, te the extent they are obligations of Borrower under this ‘Secu ity instrument, foreciosure costs and reasonable and customary attorneys’ fees and expenses properly ociated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security instrument and the obligations that i secures shall remain in effect as if Lender had not required enmediate payment in full. However, Lender is net required ic permii reinstatement i (} Lender has accepted reinstatement after the commencement of foreciasure proceedings within two years immediaiely preceding the commencement of @ current foreciosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in ihe future, or (iii) reinstatement will adversely affect ihe priozily of the lien created by this Security Instrument. 44. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne of payment or modification of amortization of the sums secured by thie Security Instrument granted by Lender to any successor in interest of Borrower shall not operatic to release the ability of the original Borrower or Borrower's successor in interest. Lender shall not be required fo commence proceedings against any successer in interest or refuse to extend time fer payment otherwise modify amortization of the sums secured by this Secutity Instrurnent by reason of any deriand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any fight ‘or remedy shalt not be a waiver of or preclude the exercise of any right or remedy, 42. Successors and Assigns Bound; Jotnt and Several Liability; Co-Signers. The covenants and agraements of this Security instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9b). Borrower's ccvenants and agreememts shall be joint and several, Any Borrower who co-sigits this Security instrument but does not execute the Note: (a) is co-signing this Security Instrument only to rot age, grant and convey that Gorrower’s interest in the Property under ihe terms of this Security instrument: ( is fat gersorially obligated tc pay the sums secured by this Security instrument; and (c} agrees thal Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard ie the terms of this Security ingirument of the Note without that Borrower's consent. 13. Notices, Any rotice to Borrower provided fer in this Security instrument shall be given hy delivering it of by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Add: ar any other address Borrower designates oy notice to Lender. Any notice to Lender shali be given by first class rac to Lencar's acdrass stated herein or any address Lender designates by notice to Borrower, Any notice previced for in this Security instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. FHA Illinois Morigage - 4/96 tie Mae, Ine, Page 5 of 7, BAMA BZO1E OF:58 AM PS 3 1509147122 Page: 7 of 10 LOAN #: 44. Governing Law; Severability. This Security Instrument shall be governed by Federal law and urisdiction in whi Property is located. in the event thal any provision of clause of this Security Instrument or the No’ con with applica ible law. such conflict shali not affect ather provisions of this Security Instrument or the Note which can de given without the conflicting provision. To this end the provisions of tnis Security Instrument and the Note are declared to be severable. 1§. Borrower's Copy. Borrower shall be given one conformed copy af the Note and of this Security Insteument. 46. Hazardous Substances, Borrower shaili not cause or permit the presence, use, disposal, storage, or release of ar Hazardous Substartces on or in the Property. Borrower shail not do, nor allow anyone else to do, anything affecting he Property that is in vioiation of am ronmental Law. The preceding ivo sentences shall nei apply to the presence. or storage on ihe Property of sr: quantities of Hazardous Substances that are generally recognized to be appropriate to acrmal residential uses and to mainienance of the Property, Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or privale party involving the Property and any Hazardous Substance or Exvironiriental Law of which Borrower has actual knowledge. if Borrower leas, of is noiified by any governmental or regulatory authority, tha’ any removal or off er remediation of any Hazardous Substances affecting the Property is necessary, Borrower shail promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous subst es by Environmentai Law and the following substances: gascline, kerosene, other flammable or toxic petrelet m products, toxic pesticides and herbicides, voiatie solvents, materials containing asbestos or formatdehyde, and radioactive materials. As used in this paragraph 16, “Environmental Law’ means tederail laws and laws of the jurisdiction where the Property is located that relate tc health, saiety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 47. Assignment of Rants. Borrower unconditios ily assigns and transfers te Lender ail the rents and revenues of ih Property. Sorrawer authoriz: Lender of Lender's agents fo collect the rents and revenues and hereby directs each ienant of ihe Proparty to pay the rents to Lender or Lender's agents. However, prior o Lender's notice to Borrower of Borrower's breach of any covenani or agreement in the Security Instrument, Borrower shaii collect and receive all rents and revenues of the Property as Gustee for ihe benefit of Lender and Borrower. This assignment of rents constitutes an absolute assigr meri and not an assignment for additional security onfy. Hf Lender gives notice of breach te Borrower: (a) all rents received by Borrower ‘shall be held by Borrower as trustee for bénefit of Lender only, to be apptied to the sums secured by the Security Instrument: (6) Lender shail be entitled to collect arid receive ail of the rents of the Property, and (c) each tenant of the Properly shall pay all rents due and unpaid ’ co Lotider or Lender’s agent on Lender’ 's wiittan demand to the fenant : Boarrowe! tas not executed ary pr signment of the renis and has not and will not perform any act that wovid i prevent Lendes m exercising tis rights under this paragraph 17. Lender shall not be required ic enter upon, take coniral of or maintain the Property before or afier giving notice of breach fo Borrower. However, Lender of 4 judicially appointed recei ay do so at any time there is a breach. Any application of rents shall not cure or wai any default cr invalidate any other right or remedy of Lender. This assignment o7 rents of the Property shall terminate when the debt secured by the Security instrument is paid in Full 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreciose this Security instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys’ fees. and costs of title evidence. if the Lender’s interast in this Security Instrument fs held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may inveke the nenjudicial power of sale provided in the Single Family Marigage Forectosure Act of 1994 (“Act"} (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Art to commence foreclosure and to sell the Property as provided in the Act. Nothing in the precoding sentence shail deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable jaw. 49. Release. Upon payment of all sums secured by this Security insuument, Lender shalt release this Secutity Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20, Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. a FHA Iltinofs Mortgage - 4/96 lie Mag, inc. Page 6 of 7 OS/4WZ0180 AM PST 1509147122 Page: 8 of 10 LOAN #: 21. Riders to this Security Instrument. If one of more riders are executed by Borrower and recorded fogel ths Security instrument, the covenants of each such tider shall be incorparated into and shall amend and supplement wenants and agreements of this Security instrument as if the nder(s) were a part of this Securify insirument. ihe applicable bax{es}} Condominium Rider L. Growing Equity Rider jannad Unit Devefopment Rider Graduaied Payment Rider K: Other(s} [specify] Fixed Interest Rate Rider B BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security instrument and in any rider eculed by Borrower and recorded with if. Witnes: ~ f ? CC FILLE JOHNSON yptdancarn 5 Lys DATE (Séal} State of County ofof Lf z fe k The foregoing instrument was acknowledged before me this MARCH 49, 2048 {date} by THLLIE JOHNSON {name of person acknowledged). o oN s 2 Sener Signature af Parson Taking Reka owiedgenenty OFFICIAL SEAL Hf £ PATRICIA D AMOS Notsry Pubic ~ State of Hinois ok Le {Title or Rank} : My Commission Expies Jan 8, 2019 {Serial Number, If any} Lender: FBC Mortgage, LLC NBMLS ID: 152859 Broker: Great Morigage, inc NMLS ID: 478647 Loan Originator: Dante Marques Royster NMILS ID: 224309 FHA Iffinots Mortgage - 4/96 Elke Mae. ine. Page 7 of 7, Oa genis AM PST 1509147122 Page: 9 of 10 LEGAL DESCRIPTION Order No. a For APNiParcel iD(s): 31-15-212-003-0000 For Tax Map ID(s): 31-15-212-003-0000 LOT 125 IN CEDAR CREEK UNIT 7, BEING A SUBDIVISION OF THAT PART OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF ARTHUR T. MCINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 1 AND LYING NORTH OF ARTHUR T. MCINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, RECORDED MAY 21, 1998 AS DOCUMENT 98425869, ALL IN COOK COUNTY, ILLINOIS. x Ret 1509147122 Page: 10 of 10 WEN: HA Case No. FIXED INTEREST RATE RIDER FHA THIS Fixed interest Rate Rider is made this 19th day of March, 2615 and is incorporated inio and shail be deemed to arnend and supplement ihe Morgage (the “Security instrument”) of the same date given by the undersigned (the ‘Barrower") to cur cur @ Borrower's Note to FBC Mortgage, LLC, a Limited Liability Company dhe “Lender’) of he same date and covering the Properly described in the Security Instrument and located at: 144 Treehouse Road Matteson, IL 60443 Fixed interest Rate Rider COVENANT, in addition to the covenants and agreements made in the Security irstrument, Borrower and Lender further covenant and agree that: The interest thai is referenced in subsections (a) and (b} of the first paragraph is at the rate of 3,760 %. BY SIGNING 8 WV, Borrower accepis and agrees to the terme and covenants contained in this Fixed interest Rate Rider. vee ean 4 U ae ee a 3 fal 15 Beaty CGE TSANSGN DATE 5§ FHA s Fixed Inlerest Raie Rider Ellie Mae, tne. U3/18/2045 O7-68 AM PST ro ° EXHIBIT B NON PERSONAL INFORMATION REDACTED MIN: Multistate NOTE nan a co oe March 19, 2015 Oriando, Florida [Pato} [city] [Stato] 144 Treatiouse Road, Matteson, IL 60443 [Property Address) 1 PARTIES “Borrower”