Preview
Hearing Date: 6/17/2024 10:30 AM
Location: Court Room 2803
Judge: Sullivan, William B
FILED
4/16/2024 4:01 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH03305
Calendar, 60
27286618
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
Lakeview Loan Servicing, LLC
PLAINTIFF
Vs. No. 2024CH03305
Trinity Williams; United States of America - Secretary of
Housing and Urban Development; Unknown Owners and 1420 W 77th St
Nonrecord Claimants Chicago, IL 60620
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, LAKEVIEW LOAN SERVICING, 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":
Trinity Williams; United States of America - Secretary of Housing and Urban Development; Unknown Owners
and Nonrecord Claimants
2. Attached as "EX HIBIT A" is a copy of the Mortgage. Attached as "EX HIBIT B" is a copy of the Note.
3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage.
(B) Date of the Mortgage: 3/5/2021
(C) Name of mortgagor(s):
Trinity Williams
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Celebrity Home Loans,
LLC
(E) Date and Place of Recording or Registering:
4/14/2021
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 2110407239
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $123,677.00
(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 23 IN AUGUST BERKE'S SUBDIVISION OF BLOCK 22 IN JONES SUBDIVISION OF THE
WEST HALF (EXCEPT 80 ACRES) OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 14, EAST OF
THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 1420 W 77th St
Chicago, IL 60620
TAX PARCEL NUMBER: 20-29-306-023-0000
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest
and insurance for 09/01/2023, through the present; the Principal balance due on the Note and the Mortgage
is $117,726.51, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current
per diem is $10.48.
(K) Name of present owner(s) of said premises:
Trinity Williams
(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 Trinitty Williams, dated 7/22/2023, and Recorded/registered on 8/21/2023 in the office of the
Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 2323313235, to secure a note in the
principal sum of $11,788.28;
(M) Names of defendants claimed to be personally liable for deficiency, if any:
Trinity Williams.
No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy
automatic stay or if their obligation is discharged in bankruptcy.
(N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15-
1208.
(O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor
or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise
submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure,
whichever is later, if sought:
The redemption period shall be determined pursuant to 735 ILCS 5/15-1603.
(P) Statement that the right of redemption has been waived by all owners of redemption: There has been no
executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded
from accepting such a waiver of redemption by the filing of this complaint.
(Q) Facts in support of request for attorneys' fees and of costs and expenses, if applicable: The subject
mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the
mortgage.
(R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a
receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief
after the filing of the instant foreclosure action by separate petition if such relief is sought.
(S) Offerto the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction
of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of
an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the
filing of the instant foreclosure action.
(T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation
of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof:
Trinity Williams;
4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before
referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or
claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint
described, including but not limited to the following:
Unknown Owners and NonRecord Claimants, if any.
That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and
all such persons are therefore made party defendants to this action by the name and description of UNKNOWN
OWNERS and NONRECORD CLAIMANTS.
REQUEST FOR RELIEF
WHEREFORE, THE PLAINTIFF REQUESTS:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption period, if sought.
(iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the
Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed
liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not
received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay
at sale confirmation.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or appointing a receiver, if sought.
(vi) A judgment for attomeys' fees, costs and expenses, if sought.
(vii) For the appointment of a Selling Officer, if deemed appropriate by this court.
(viii) Such other and further relief as this court deems just.
Lakeview Loan Servicing, LLC
BY: /s/ Matthew Naglewski
ARDC No. 6322722
CODILIS & ASSOCIATES, P.C.
One of its Attorneys
Codilis & Associates, P.C.
15W030 North Frontage Road, Suite 100
Burr Ridge, IL 60527
(630) 794-5300
pleadings@ il.cslegal.com
Cook #21762
14-24-02388
NOTE: This law firm is a debt collector.
Doc#. 2110407239 Fee: $98.00
llinois Anti-Predatory Karen A. Yarbrough
Cook County Clerk
Lending Database Date: 04/14/2021 08:46
AM Pg: 1 of 15
Program
Certificate of Compliance
ot, Uy %,
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Report Moi rtgage ‘atid
The property identified as: DL PIN: 20-29-306-023-0000
Address: vy
Street: 1420 W 77TH ST
Street line 2:
City: CHICAGO State ZIP Code: 60620
Lender, CELEBRITY HOME LOANS, LLC
Borrower: Trinity Williams
Loan / Mortgage Amount: $123,677.00
Pursuant to 765 ILCS 77/70 et seq., this Certificate authorizes the County Recorder of; Seeds to record a residential
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mortgage secured by this property and, if applicable, a simultaneously dated HELOC.
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Certincate number: [as Execution date: 3/5/2021
2110407239 Page: 2 of 15
When recorded, return to:
Celebrity Home Loans, LLC
One Mid America Plaza, Suite 800
Oakbrook Terrace, IL 60181
858.8. 736
This instr ent was prepared by
Celebrity.Hoime Loans, LLC
One Mid Amer: laza, Suite 800
Oakbrook Terra 60181
630-572-8200
Title Order
Escrow ani
LOAN #:
—. Space Above This Line For Recording Data]
MORTGAGE
fh
MIN
MERS PHONE#: 1-888-679-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and’ ‘othier words are defined in Sections 3, 10, 12, 17,
19 and 21, Certain rules regarding the usage of words used in this docutrte re alsa provided in Section 15.
(A) “Security Instrument” means this document, which is dated March 8, 1, together with all Riders to
this document.
{B) “Borrower" is TRINITY WILLIAMS, A SINGLE WOMAN %
xe!
Borrower is the mortgagor under this Security Instrument.
(C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is 9 solely as a
nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Secu! dnstrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of 2028,
Flint, Mi 48501-2026, tel. (888) 679-MERS
{D) “Lender” is Celebrity Home Loans, LLC.
ILLINOIS ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044 1/04
Moditied for FHA 9/2014 {HUD Handbook 4000.1)
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Lender is a Limited Liability Company, organized and existing
under the laws of Illinois
Lender’s address is One Mid America Plaza, Suite 800, Oakbrook Terrace , IL 60184
(E) “Note” means the promissory note signed by Borrower and dated March 5, 2021 The Note states that
Bor fer owes Lender ONE HUNDRED TWENTY THREE THOUSAND SIX HUNDRED SEVENTY SEVEN AND
NOMQG*A TART RR RAR ERITH NERS ERS EHEE Dollars (US, $123,677.00
plus inte Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than Ap 051.
(F) “Prope "ufieans the property that is described below under the heading "Transfer of Rights in the Property."
(G) “Loan” méanéthe debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due
under this Securl istrument, plus interest.
(H) “Riders” means all [Riders to this Security Instrument that are executed by Borrower. The following Riders are to
be executed by Borrower" feheck box as applicable]:
! Adjustable Rate Ri Condominium Rider Planned Unit Development Rider
x Other(s) [specify]
Fixed Interest Rate Rider
“
(1) “Applicable Law” means all contr ing’applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that hav effect of law) as well as all applicable final, non-appeatable judicial
opinions.
(J) “Community Association Dues, Fees, and Asse ssments” means all dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a condomipiitia association, homeowners association or similar organization.
(K) “Electronic Funds Transfer” means any transfer.o' ds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an eléctr i¢ terminal, telephonic instrument, computer, or magnetic
tape so as to.order, instruct, or authorize a financial institution t6, lebit or credit an account. Such term includes, but is not
limited to, point-of-sale transfers, automated teller machine tran jans, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
{L) “Escrow items” means those items that are described in Section 3°
(M) “Miscellaneous Proceeds” means any compensation, settlement: a of damages. or proceeds paid by any third
party (other than insurance proceeds paid under the coverages describe ion 5) for: (i) damage to, or destruction
of, the Property; (ii) condemnation or other taking of all or any part of the Property i) conveyance in lieu of condemnation;
or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N} “Mortgage insurance” means insurance protecting Lender against the nonpaym of, or default on, the Loan
(0) “Periodic Payment” means the regularly scheduled amount due for (i) principal interest under the Note, plus
{ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) impiementing regulation
Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additiorialar successor legislation
or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA" refars to all requirements
and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan d jot qualify as a
“federally related mortgage loan” under RESPA.
(Q) “Secretary” means the Secretary of the United States Department of Housing and Urban Developmeniar designee.
(R) “Successor in interest of Borrower” means any party that has taken title to the Property, whether o bat parly
has assumed Borrower's obligations under the Note and/or this Security Instrument
Yo
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifica-
tions of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and
ILLINOIS — Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 2014 4/04
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LOAN #:
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, with power of sale, the following
described property located in the County of Cook
[Type of Recording Jurisdiction] {Name of Recording Jurisdiction]:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS "EXHIBIT A”.
APN #: 20-29-306-023-0000
which currently has the address*6f 420 W 77TH ST, CHICAGO,
[Street] [City]
INinois 60620 ( “Property ‘Add ress"):
[Zip Code]
TOGETHER WITH all the improvements hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the proper i replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this ‘ éCiyrity Instrument as the “Property.” Borrower understands and
agrees that MERS holds only legal title to the interests-granted by Borrower in this Security Instrument, but, if necessary
fo comply with law or custom, MERS (as nominee for Lend and Lender’s successors and assigns) has the right: to
exercise any or ail of those interests, including, but not limité the right to foreciose and sell the Property; and to take
any action required of Lender including, but not limited to, rele: and canceling this Security Instrument.
J
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unéreymbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property agains ll claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use arid n-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real prope:
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
3
1 Payment of Principal, Interest, Escrow items, and Late Gharges. Borrower shall pi hen due the principal
of, and interest on, the debt evidenced by the Note-and late charges due under the Note. Borrawi hall also pay funds
for Escrow [tems pursuant fo Section 3. Payments due under the Note and this. Security Instrument.skall be made in
U.S. currency. However, if any check or other instrument received by Lender as payment under the Noje,ar this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments dueé.tinder the Note
and this Security instrument be made in one or more of the following forms, as selected by Lender: (a) cast ib) money
order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is dra nan
institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept
ILLINOIS ~ Single Family - Fannie Mae/Freddiec Mac UNIFORM INSTRUMENT Form 3014 1/04
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any payment of partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice
to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments
at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender
need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shail 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 telieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants
greements secured by this Security Instrument
plication of Payments or Proceeds, Except as otherwise described in this Section 2, all payments accepted
and a by Lender shall be applied in the following order of priority:
tédhe Mortgage Insurance premiums to be paid by Lenderto the Secretary or the monthly charge by the Sec-
retary inst8ad oftfig monthly mortgage insurance premiums;
Second, to afi X€S, special assessments, leasehold paymenis or ground rents, and fire, flood and other hazard
insurance premium required
Third, to interest der the Note:
Fourth, to amortizatioty Ahe principal of the Noie; and
Fifth, to late charges dtieinder the Note.
Any application of paymei surance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due Wat ‘or change the amount, of the Periodic Payments
3 Funds for Escrow items. ‘Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the-“Funds:)to provide for payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over this curity Instrument as a lien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, premiums for any and all insurance required by Lender under Section
5; and (d} Morigage insurance premiums, to be’ ‘by Lender to the Secretary or the monthly charge by the Secretary
instead of the monthly Mortgage Insurance prem These items are called “Escrow Items.” At origination or at any time
during the term of the Loan, Lender may require that ‘Oramunity Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section Borrower shail pay Lender the Funds for Escrow items unless
Lender waives Borrower's obligation to pay the Funds for an | Escrow. Items. Lender may waive Borrower's obligation
to pay to Lender Funds for any or all Escrow Items at any time. ch waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable, the agetnts due for any Escrow ilems for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish fo Lender receipts evidencing such payment within
such time period as Lender may require, Borrower's obligation to make ‘Suoh(r ayments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this See dint strument, as the phrase “covenant and
agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items ai tly, pursuant to a waiver, and Borrower
fails to pay the amount due for an Escrow Item, Lender may exercise its rights uri r Section 9 and pay such amount and
Borrower shail then be obligated under Section 9 to repay to Lender any such amount. ender may revoke the waiver as to
any or all Escrow Items at any time by a notice given in accordance with Section 74 arid: s fm such revocation, Borrower
shail pay to Lender all Funds, and in such amounts, that are then required under this Seat B
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit nder fo apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can re! under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates ‘ot/¢: oditures 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, instr eptality, or entity
(including Lender, if Lenderis an institution whose deposits are so insured) or in any Federal Home Loan Ba: sender shall
apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge'Borrower
for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow ftems, unies: der
pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agre ant is
made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall nai be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on
the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
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if there is a surpius of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
shail 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 manthly payments. If there is a deficiency of Funds held in
escrow, as defined under RESPA, Lender shail notify Borrower as required by RESPA, and Borrower shall pay to Lender
the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments
Upon payment in full of all sums secured by this Security Iristrument, Lender shall prompily refund to Borrower any
Funds held by Lender.
4, "y Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Propértywhich can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if
any, art Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower's! My pay them in the manner provided in Section 3.
Borra' . promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writ fo the payment of the obligation secured by the lien in a rnanneér acceptable to Lender, but only so
long as Borrower’ forming such agreement; (b} contests the lien in good faith by, or defends against enforcement
of the lien in, legal edings which in Lender's opinion operate to prevent the enforcement of the lien while. those
proceedings are pending; sut-only until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to ier subordinating the lien to this Security Instrument. If Lender determines that any part of
the Property is subject to a lie heh can attain oriority 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 of take one or
more of the actions set forth abov is Section 4.
5, Property Insurance. Borrower Shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards inch tudled’ «within the term “extended coverage,” and any other hazards including, but
not limited fo, earthquakes and floods, for’ Lender requires insurance. This insurance shall be maintained in the
amounts (inciuding deductible levels) and fo! riods that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the tei the Loan. The insurance carrier providing the insurance shall be
chosen by Borrower subject to Lender’s right to cisappidve Borrower's choice, which right shall not be exercised unrea-
sonably. Lender may require Borrower to pay, in connecii with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a. ime charge for flood zone determination and certification
services and subsequent charges each time remappings onsipiilar changes occur which reasonably might affect such
determination or certification. Borrower shail also be responsible, r the payment of any fees imposed by the Federal
Emergency Management Agency in connection with the review iny flood zone determination resulting from an objec-
,
tion by Borrower.
lf Borrower fails to maintain any of the coverages described abou ender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligationtc hase any particular type or amount of
coverage. Therefore, such coverage shai! cover Lender, but might or migh ‘not protect Borrower, Barrower’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 ‘th surance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained “A Ay amounts disbursed by Lender
under this Section 5 shail become additional debt of Borrower secured by this Seciiity trument. These amounts
shail bear interest at the Note rate from the date of disbursement and shall be payable, wih 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 Lehdst's right to disapprove
such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee ani 7As an additional
loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender req jorrower shail
promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower abtains any foci ef insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy sh include a
standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make:proof
of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance pro-
ceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair
ILLINOIS — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/04
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and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. Uniess an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out
of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is nat economically
feasible or Lender’s security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Segurity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance praceedis shail
a
be isipifed in the order provided for in Section 2.
If er abandons the Property, Lender may file, negotiate and settle any availabie insurance claim and related
matters. I" rower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
setile ac thas ender may negotiate and settle the claim. The 30-day period will begin when the notice is given.
In either eveni, or i,Lender acquires the Property under Section 24 or otherwise, Borrower hereby assigns lo Lender
(a) Borrower's right: any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, } any other of Borrower's rights (other thian the right to any refund of unearned premiums paid
by Borrower} under all inéutance policies covering the Property, insofar as such rights are applicable to the coverage of
the Property. Lender may “the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security J stfument, whether or not then due.
6, Occupancy. Borrower’ halk OCCUPY, establish, and use the Property as Borrower's principal residence within
60 days after the execution of this See rity Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after thé date. of occupancy, unless Lender determines that this requirement shall cause
undue hardship for the Borrower, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Be @ction of the Property; Inspections, Borrower shall not destroy, damage
or impair
the Property, aliow the Propertyto detéfioy or commit waste on the Property. Borrower shall: maintain the Prop-
erty in order to prevent the Property from deterio ing or decreasing in value due to its condition. Unless it is determined
pursuant to Section 5 that repair or restoration is not géofomically feasible, Borrower shail promptly repair the Property
if damaged to avoid further deterioration or damage. Ifirgarance or condemnation proceeds are paid in connection with
damage to the Property, Borrower shail be responsible forrégairing or restoring the Property only if Lender has released
proceeds
for such purposes. Lender may disburse proceeds for pairs and restoration in a single payment or ina-series
of progress payments as the work is completed. If the insurance: ;ondemnation proceeds are not sufficient to repair or
restore the Property, Borrower is not relieved of Borrower's obligatic for the completion of such repair or restoration.
If condemnation proceeds are paid in connection with the taking ofthe property, Lender shall apply such proceeds to
the reduction of the indebiedness under the Note and this Security Insttany t, first to any delinquent amounts, and then
to payment of principal. Any application of the proceeds to the principal shall no xtend or postpone the due date of the
monthly payments or change the amount of such payments: &
Lender or its agent may make reasonable entries upon and inspections of the,Properiy. If it has reasonable cause.
Lender may inspect the interior of the improvements on the Property, Lender shall giva‘Borrower notice at the time of or
prior to such an interior inspection specifying such reasonable cause.
8. Barrower’s Loan Application. Borrower shall be in default if, during the Loan ‘ap ‘ation process, Borrower or
any persons or entities acting at the direction of Borrower of with Borrower's knowledge or ei sent gave maierially false,
tmisleading, or inaccurate information or statements to Lender (or failed to provide Lender wi aterial information) in
connection with the Loan. Material representations include, but are not limited to, representations‘cin: ing Borrower's
occupancy of the Property as Borrower's principal residence.
9. Protection of Lender’s Interest in the Property and Rights Under this Security Instrument (a) Borrower
fails to perform the covenants and agreements contained in this Security instrument, (b) there is a lega’ roceeding
that might significantly affect Lender's interest in the Property and/or rights under this Security Instrum ich as a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain prio ver
this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then LendeF’may
do and pay for whatever is reasonable or appropriate to protect Lender’s interest in the Property and rights under this
Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority
ILLINOIS — Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 6 of 1 ILEFHAISDL 0915
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over this Security instrument; (b) appearing ih court; and (c) paying reasonable attorneys’ fees to protect its interest
in the Property and/or rights under this Security Instrument, including ils secured position in a bankruptcy proceeding.
Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate buiiding or other code violations or dangerous conditions.
and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have ta do so
and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shali become additional! debt of Borrower secured by this
Segirity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be Pay-
ableywith such interest, upon notice from Lender to Borrower requesting payment.
If thig “Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall
not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall
not, without the2 express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the
Property, the \éas id and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Assignmér f Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shail be paid to Lend!
lf the Property is dam d , such Miscellaneous Proceeds shail be applied to restoration or repair of the Property, if
the restoration or repair is ‘ecanemically feasible and Lender's security is not lessened. During such repair and restoration
period, Lender shall have the ightto hold such Miscellaneous Praceeds until Lender has had an opportunity to inspect such
Property to ensure the work has bée
‘. mpleted to Lender’s satisfaction, provided that such inspection shall be undertaken
promptly. Lender may pay for the refiairsand restoration in a single disbursement or in a series of progress payments as the
work is completed. Unless an agreemertis, made i in writing or Applicable Law requires interest to be paid on such Miscel-
laneous Proceeds, Lender shall not be reqgired to pay Borrower any interest or earnings on such Miscellaneous Proceeds.
lf the restoration or repair is not economical ible or Lender's security would be lessened, the Miscellaneous Proceeds
shall be applied to the sums secured by this Séetifity.Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proceeds shall bé" ‘atrplied iin the order provided for in Section 2.
in the event ofa total taking, destruction, or loss in yale of the Property, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether, ot not then due, with the. excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in valle of the Property in which the fair market value of the Prop-
erty immediately before the partial taking, destruction, or lose falue is equal to or greater than the amount. of the sums
secured by this Security Instrument immediately before the p: faking, destruction, or loss in value, unless Borrower
and Lender otherwise agree in writing, the sums secured by this ity Instrument shali be reduced by the amount of the
Miscellaneous Proceeds. multiplied by the following fraction: (a) the totalaraount of the sums secured immediately before
the partial taking, destruction, or toss in value divided by (b) the fair market jue of the Property immediately before the
partial taking, destruction, or joss in value. Any balance shall be paid to Bc
In the event of a partial taking, destruction, or loss in value of the Property if nyhich the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately
before the partial taking, destruction, or Joss in value, unless Borrower and Lender Gthenwise agree in writing, the Miscel-
laneous Proceeds shal! be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thatthe Opposing Party (as defined
in the next sentence) offers to make an. award to setile a claim for damages, Borrower fails'to 1 pond to Lender within
30 days after the date the notice is given, Lender is authorized to-collect and apply the Miscellépequs Praceeds either to
restoration or repair of the. Property or io the sums secured by this Security Instrument, whether or,riat then due. “Oppos-
ing Party” means the third party that owes Borrower Miscellaneous Proceeds or the party against w rrower has a
right of action in regard to Miscellaneous Proceeds.
Borrower shail be in default if any action or proceeding, whether civil or criminal, is begun thai, in Lende iudgment.
could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or ri inder this
Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided tion
18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forté re of
the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The
proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shail be paid to Lender.
ILLINOIS — Singie Family ~ Fannie Mag/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/01
Modified for FHA 8/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 7 of 1