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4/19/2024 9:52 AM
Hearing Date: 6/18/2024 1:30 PM
Location: Court Room 2806 IRIS Y. MARTINEZ
Judge: Cocozza, Margaret) ean CIRCUIT CLERK
COOK COUNTY, IL
IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS 2024CH03464
COUNTY DEPARTMENT - CHANCERY DIVISION Calendar, 58
27334816
US BANK TRUST NATIONAL ASSOCIATION, NOT IN
ITS INDIVIDUAL CAPACITY, BOT SOLELY AS OWNER
TRUSTEE FOR GS MORTGAGE-BACKED SECURITIES
TRUST 2022-RPL1,
PLAINTIFF 2024CH03464
VS. Case No.:
Cal No.:
TROY D. TUCKER, VERVE, A CREDIT UNION, Property Address:
UNKNOWN OWNERS GENERALLY, AND NON- 9243 South Harper Avenue
RECORD CLAIMANTS. Chicago, IL 60619
DEFENDANTS
COMPLAINT FOR FORECLOSURE AND OTHER RELIEF
COUNT I - FORECLOSURE
Plaintiff, US Bank Trust National Association, not in its individual capacity, but solely as owner trustee
for GS MORTGAGE-BACKED SECURITIES TRUST 2022-RPLI, by its attorneys, Kluever Law Group,
LLC, hereby files its Complaint against the Defendants, and states as follows:
1 Plaintiff files this Complaint to foreclose the mortgage hereinafter described and joins the following
persons as defendants:
(a) Troy D. Tucker;
(b) Verve, a Credit Union;
(c) Unknown Owners, generally;
(@) Non-Record Claimants.
2. Plaintiff annexes the following Exhibits which are true and correct copies of the originals thereof:
(a) Exhibit “A” is the promissory note (“Note”) dated August 17, 2004, in the principal amount of
$104,030.00.
(b) Exhibit “B” is the Mortgage (“Mortgage”) dated August 17, 2004, with Wells Fargo Bank, N.A.,
as Mortgagee, and Troy D. Tucker as Mortgagor(s), securing payment of the Note (hereinafter the
“Mortgage”).
(c) Exhibit “C” is the Prior Mortgage.
(d) Exhibit “D” is the Warranty Deed.
3 Information concerning the Mortgage:
(a) Nature of Instrument: Mortgage
(b) Date of Mortgage: August 17, 2004
(c) Name of Mortgagor: Troy D. Tucker
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(@) Name of Mortgagee in the Mortgage: Wells Fargo Bank, N.A.
(e) Date and Place of Recording: August 31, 2004, Cook County Recorder’s Office
(f) Identification of Recording: Document No. 0424429026
(g) Interest encumbered by the Mortgage: Fee Simple
(h) Amount of Original Indebtedness: $104,030.00
(i) Legal Description of Premises:
LOT 31 IN BLOCK 7 IN THE CALUMET AND CHICAGO CANAL AND DOCK COMPANY'S
SUBDIVISION OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP
37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERDIAN, LYING EAST AND
NORTH OF RAILROADS.
P.I.N. 25-02-412-013
COMMON ADDRESS: 9243 South Harper Avenue, Chicago, IL 60619
DEFAULTS
G) Statements as to Default and Amount Now Due:
Mortgagor has defaulted in the payment of principal and interest when due on November 1, 2023,
and each and every month thereafter. As a result of the foregoing defaults, Plaintiff has elected
under the terms and conditions of the Note and Mortgage to declare immediately due and payable
the entire principal balance and other sums secured by the Mortgage.
As of March 29, 2024, the following amounts were due and owing from Mortgagor(s) to Plaintiff:
Principal Balance $65,690.63
Accrued Interest $2,473.59
Funds owed to borrower $-799.24
Late Charge Payment $111.78
Property Inspection $39.00
Grand Total $67,515.76
PER DIEM INTEREST
Interest continues to accrue upon the principal amount at the default rate of $13.53 per diem after March 29,
2024.
(k) Name of present owner of the premises: Troy D. Tucker.
w) Name or names of persons, in addition to such owner or owners, but excluding any non-record
claimants as defined in the Illinois Mortgage and Foreclosure Act, as heretofore and hereafter
amended who are joined as defendants and whose equitable right to redeem is sought to be barred:
1 Unknown Owners, generally;
2. Non-Record Claimants.
(m) Name of person(s) claimed to be personally liable for deficiency, unless said person(s) has/have
received a discharge of the underlying indebtedness in bankruptcy: Troy D. Tucker.
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(n) Capacity in which Plaintiff brings this suit: Plaintiffis the legal holder of the indebtedness and
the entity entitled to foreclose the mortgage.
(0) Facts in support of shortened redemption period: None at this time.
(p) Plaintiff seeks inclusion in the decree of Plaintiff’s attorney’s fees and of the costs and expenses
of this action in accordance with the terms of the Note and Mortgage.
(q) Facts in support of request for attorneys’ fees and costs and expenses: Plaintiff is entitled to
recover as indebtedness secured by the Mortgage attorney’s fees, costs and other advances and
expenses as detailed in 735 ILCS 5/15-1504(d).
(x) Name or names of defendants whose right to possess the mortgaged real estate, after the
confirmation of a foreclosure sale, is sought to be terminated and, if not elsewhere stated, the facts in
support thereof: Troy D. Tucker.
WHEREFORE, Plaintiff prays for the following relief:
(a) Foreclosure of its mortgage;
(b) Judicial Sale of the subject property for payment of the lien and costs;
(c) Confirmation of sale and the issuance of a certificate of sale to the purchaser;
(d) An order granting possession, if sought;
(e) A personal deficiency decree against all makers of the note, unless said person(s) has/have
received a discharge of the underlying indebtedness in bankruptcy;
(f) Its reasonable costs and expenses including, but not limited to, its attorney’s fees; and
(g) Such other further and equitable relief as the Court deems just.
COUNT II - DECLARATORY JUDGMENT AGAINST VERVE, A CREDIT UNION
The following declaratory judgment is sought:
1 By this action for Declaratory Judgment, Plaintiff seeks a declaration terminating the interest of
Defendant Verve, a Credit Union and hereby asserts that they do not have any interest in the Property.
JURISDICTION AND VENUE
The Court has jurisdiction over the parties and the subject matter of this action. All parties necessary
to the determination of this cause have been duly joined as Defendants.
Venue is proper pursuant to 735 ILCS 5/2-103(b), because the real estate that is the subject of this
Complaint is situated in Cook County, Illinois.
Plaintiff is the holder of a Mortgage recorded on August 31, 2004, as Document No. 0424429026 in
the amount of $104,030.00 with the Cook County Recorder of Deeds. See Exhibit “B”.
Defendant Verve, a Credit Union obtained its security interest in the Property as successor in interest
to South Central Bank and Trust Co., original mortgagee as to a Prior Unreleased Mortgage recorded
May 2, 2000, as Document No. 00306924 in the amount of $11,960.00 for the benefit of Linda A.
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Rudison a/k/a Linda A. Turner and Elliott R. Turner, mortgagors. See Exhibit “C”.
DECLARATORY JUDGMENT
Troy D. Tucker took title in sole ownership by a Warranty Deed from Linda A. Rudison recorded
August 31, 2004, as Document No. 0424429025. See Exhibit “D”.
On information and belief, the Prior Unreleased Mortgage was contemplated and paid at the closing of
the subject mortgage.
The Prior Unreleased Mortgage creates an improper prior superior lien that creates a cloud on title on
the Property and, as a result, greatly diminishes the value and interferes with the right to enjoy and
occupy the Property.
9. Plaintiff has no adequate remedy at law.
WHEREFORE, Plaintiff prays that this Court enter an Order:
(a) Quieting, establishing and confirming title to the real estate to be in the name of Troy D. Tucker,
pursuant to the Mortgage which is the subject of this action, and free and clear of any claim of the
remaining defendants;
(b) Enjoining Verve, a Credit Union and its successors and assignees claiming under it, from asserting an
adverse claim to Plaintiff’s interest in the Property;
(c) Holding that the Prior Unreleased Mortgage recorded as Document No. 00306924 be extinguished
from the public record as released; and
—
(d) Such other further and equitable relief as the Court deems just.
Joh ale Frevert Jr., Esq., ARDC # 6305960
Attorney for Plaintiff
Kluever Law Group, LLC
200 N LaSalle St Suite 1880
Chicago, IL 60601
312-236-0077
Attorney No. 38413
courtresults@klueverlawgroup.com
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FIXED RATE NOTE
AUGUST 17, 2004 OAK LAWN ILLINOIS:
Date City State
9243 SOUTH HARPER AVENUE, CHICAGO, IL 60819
(Property Address}
1 BORROWER’S PROMISE TO PAY
In return for a loan that | have received, | promise to pay U.S. $ 104,030.00 (this amount is
called “Principal”), plus interest, to the order of the Lender. The Lender is
WELLS FARGO BANK, NLA.
| will make all payments under this Note in the form of cash, check or money order.
{ understand that the Lender may transfer this Note. The Lender or anyone who takes this Note
by transfer and who is entitled to receive payments under this Note is called the “Nate Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. |
will pay interest at a yearly rate of 7.750 %.
The interest rate required by this Section 2 is the rate | will pay both before and after any default
described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
| will pay principal and interest by making a payment every month.
| will make my monthly payment on the first day of each month beginning on OCTOBER 1, 2004.
| will make these payments every month until | have paid all of the principal and interest and
any other charges described below that | may owe under this Note. Each monthly payment will be
applied as of its scheduled due date and will be applied to interest before Principal.
If, on SEPTEMBER 1, 2034 , | still owe amounts under this Note, | will pay those amouats in full
on that date, which is called the “Maturity Date.”
| will make my monthly payments at WELLS FARGO BANK, N.A.
P.O. BOX 10304, DES MOINES, IA 50306-0304
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 745.29
4 BORROWER’S RIGHT TO PREPAY
! have the right to make payments of Principal at any time before they are due. A payment of
Principal only is known as a “Prepayment.” When | make a Prepayment, | will tell the Note Halder in
writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all
the monthly payments due under the Note.
| may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The
Note Holder wiil use all of my Prepayments to reduce the amount of Principal that | owe under this
Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on
the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes.
MULTISTATE FIXED. NOTE - Single Family - FNMA/FHLMC UNIFORM INSTRUMENT
rots
a
EXHIBIT A
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5. LOAN CHARGES
if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that
the interest or other Joan charges collected or to be collected in connection with this loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
the charge to the permitted fimit; and (b) any sums already collected from me which exceeded
permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing
the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal,
the reduction will be treated as a partial Prepayment.
6, BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, | will pay a late charge to the Note Holder. The
amount of the charge will be 5.000% of my overdue payment of principal and interest. | will
pay this late charge promptly but only once on each late payment.
(B) Default
If | do not pay the full amount of each monthly payment on the date it is due, | will be in default.
(C) Notice of Default
If | am in default, the Note Holder may send me a written notice telling me that if | do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid and all the interest that | owe on that amount. That
date must be at least 30 days after the date on which the notice is mailed to me or delivered by
other means.
(D) No Waiver By Note Holder
Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in
full as described above, the Note Holder will still have the right to do so if | am in default at a later
time.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note
Holder will have the right to be paid back by me for all of its costs and expenses in enforcing
this Note to the extent not prohibited by applicable law. Those expenses include, for example,
reasonable attorney’s fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this
Note will be given by delivering it or by mailing it by first class mail to me at the Property
Address above or at a different address if | give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or ata
different address if | am given a notice of that different address.
8 OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of
the promises made in this Note, including the promise to pay the full amount owed. Any person who is
a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who
takes over these obligations, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce
its rights under this Note against each person individually or against all of us together. This
means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
| and any other person who has obligations under this Note waive the rights of Presentment
and Notice of Dishonor. “Presentment” means the right to require the Nate Holder to demand
payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to
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give notice to other persons that amounts due have not been paid.
MULTISTATE FIXED NOTE - Single Family + FNMA/FHLMC UNIFORM INSTRUMENT
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10. UNIFORM SECURED NOTE
a
This Note is a uniform instrument with limited variations in some jurisdictions. |In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the
“Security Instrument’), dated the same date as this Note, protects the Note Holder from possible losses
which might result if | do not keep the promises which | make in this Note, That Security Instrument
describes how and under what conditions | may be required to make immediate payment in full of all
amounts that | owe under this Note. Some of those conditions are described as follows;
If all or any part of the Property or any Interest in the Property is sold or transferred (or
if Borrower is not a natural erson and a beneficial interest in Borrower is sold or
full of all sums secured by this Security Instrument.
exercised by Lender if such exercise is prohibited by Applicable Law.
However, Yn is
transferred} without Lender’s prior written consent, Lender mai require immediate payment in
option shall not be
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall rovide a period of not less than 30 days from the date the notice is iven in accordance
h
with Section 15 within which Borrower must ay all sums secured by this ecurity Instrument.
If Borrower fails to pay these sums prior to t e expiration of this period, Lender may invoke
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any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Sign Original Only)
by3TROY D. TUCKER -Borrower
(Seal)
MULTISTATE FIXED NOTE + Single Family - FHMA/FHLMC UNIFORM INSTRUMENT
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ALLONGE TO NOTE
Statement of Purpose: This Note Allonge is attached to and made a part of the Note, for the purpose of
Noteholder Endorsement to evidence a transfer of interest.
TERMS OF THE NOTE
Note Date 8/17/2004
Borrower(s): TROY D TUCKER
Original Lender: WELLS FARGO BANK, N.A.
Original Loan Amount: $ 104030
Property Address 9243 SOUTH HARPER AVENUE, CHICAGO, IL 60619
Loan Number(s): ee
Client / Investor: PIMCO
PAY TO THE ORDER OF:
WITHOUT RECOURSE
WELLS FARGO BANK, N.A.
by: NewRez LLC d/b/a Shellpoint Mortgage Servicing, as attorney in fact
a , neem
Cynthia M. Floyd, Vice President
NoteAllonge 12023
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» Return To:
ERROR
WELLS FARGO BANK, NA. Doc#: 0424428026
Eugene “Gene” Moore Fee: $60.00
FINAL DOCUMENTS X4701-022 Cook County Recorder of Deeds
Pg: 1 of 19
3601 MINNESOTA DRIVE Date: 08/31/2004 08:55 AM
BLOOMINGTON, MN §5435-5284
Prepared By:
JAY HALL
WELLS FARGO BANK, N.A.
1520 KENSINGTON STE 115
Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are
defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used
in this document are also provided in Section 16.
(A) “Security Instrument’ means this document, which is dated AUGUST 17, 2004
together with all Riders to this document.
(B) “Borrower” is
TROY D. TUCKER, AN UNMARRIED WOMAN
Borrower is the mortgagor under this Security jastrument.
{C) “Lender” is WELLS FARGO BANK, N.A.
Lender is a National Association
organized and existing under the laws of THE UNITED STATES OF AMERICA
EXHIBIT B
ILLINOIS - Single Family - Fas jie Mae/Freddie Mac UNIFORM INSTRUMENT
FORM 3014 1/01 Se
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Lender's address is
P, O. BOX 5137, DES MOINES, IA 50306-5137
Lender is the mortgagee under this Security Instrument,
(D) “Note ” means the promissory note signed by Borrower and dated AUGUST 17, 2004
The Note states that Borrower owes Lender ONE HUNDRED FOUR THOUSAND THIRTY
AND NO/100 Dollars
(U.S. $ ...104,030,00... ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2034
(E) “Property” means the property that is described below under the heading “Transfer of
Rights in the Property.”
(F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges
and late charges due under the Note, and all sums due under this Security Instrument, plus
interest.
(G) “Riders” means all Riders to this Security Instrument that are executed by Borrower.
The following Riders are to be executed by Borrower [check box as applicable):
(J Adjustable Rate Rider L_] Condominium Rider L]second Home Rider
[J Balloon Rider Planned Unit Development Rider 1-4 Family Rider
(_] va Rider [_] Biweekly Payment Rider [J other(s) [specify]
(H) “Applicable Law” means all controlling applicable federal, state and loca! statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law) as
well as all applicable final, non-appealable judicial opinions.
(I) “Community Association Dues, Fees, and Assessments” means all dues, fees,
assessments and other charges thal are imposed on Borrower or the Property by a
condominium association, homeowners association or similar organization.
(J) “Electronic Funds Transfer’ means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an
electronic terminal, telephonic instrument, computer, or magnetic tape so as to order,
instruct, or authorize a financial institution to debit or credit an account. Such term includes,
but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers
initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) “Escrow Items” means those items that are described in Section 3.
(L) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for; (i) damage to, or destruction of, the Property; (ii) condemnation
or other taking of all or any part of the Property; {iii} conveyance in lieu of condemnation; or
(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of,
or default on, the Loan.
(N) “Periodic Payment’ means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et
seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be
amended from time to time, or any additional or successor legislation or regulation that
SILO2 Rev 12/18/00 Page
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governs the same subject matter. As used in this Security Instrument, “RESPA” refers to all
requirements and restrictions that are imposed in regard to a “federally related mortgage
loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
{P) “Successor in Interest of Borrower” means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this
Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii) the performance of Borrower’s convenants
and agreements under this Security Instrument and the Note. For this purpose, Borrower
does hereby mortgage, grant and convey to Lender and Lender's successors and assigns,
the following described property located in the
County of cook
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]:
LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE “A” AND MADE A
PART HEREOF.
THIS 1S A PURCHASE MONEY MORTGAGE.
Parcel ID Number: which currently has the address of
9243 SOUTH HARPER AVENUE [Street]
CHICAGO [City] , Illinois 60619 [Zip Code}
("Property Address”):
TOGETHER WITH 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 also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the “Property.”
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby
conveyed and has the right to grant and convey the Property and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-
uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the
Note and any prepayment charges and late charges due under the Note. Borrower shall
also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and
this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is
returned to Lender unpaid, Lender may require that any or all subsequent payments due
under the Note and this Security Instrument be made in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s
check or cashier’s check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the location designated in
the Note or at such other location as may be designated by Lender in accordance with the
notice provisions in Section 15. Lender may return any payment or partial payment if the
payment or partial payments are insufficient to bring the Loan current. Lender may accept
any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights hereunder or prejudice to its rights to refuse such payment or partial payments in the
future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender
need not pay interest on unapplied funds. Lender may hold such unapplied funds until
Borrower makes payment to bring the Loan current. If Borrower does not do so within a
reasonable period of time, Lender shall either apply such funds or return them to Borrower.
If not applied earlier, such funds will be applied to the outstanding principal balance under
ihe Note immediately prior to foreclosure. No offset or claim which Borrower might have
now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured
by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 .
all payments accepted and applied by Lender shall be applied in the following order of
priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due
under Section 3. Such payments shall be applied to each Periodic Payment in the order in
which it became due, Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
Lender may apply any payment received from Borrower to the repayment of the Periodic
Payments if, and to the extent that, each payment can be paid in full. To the extent that any
excess exisis after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note.
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Any application of payments, insurance proceeds, or Miscellaneous Proceeds to
principal due under the Note shall not extend or postpone the due date, or change the
amount, of the Periodic Payments
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments
are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for
payment of amounts due for: (a) taxes and assessments and other items which can attain
priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, if any: (Cc) premiums for any and all
insurance tequired by Lender under Section 5; and (d) Mortgage Insurance Premiums, If
any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called
“Escrow Items.” At origination or at any time during the term of the Loan, Lender may
Association Dues, Fees, and Assessments, if any, be escrowed by
require that Community
Borrower, and such dues, fees and assessments shall be an Escrow ltem. Borrower shall
prompily furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to
pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay
to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in
writing. In the event of such waiver, Borrower shall pay directly, when and where payable,
the amounts due for any Escrow Items for which payment of Funds has been waived by
Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such
payments and to provide receipts shall for all purposes be deemed to be a covenant and
agreement contained in this Security Instrument, as the phrase “covenant and agreement”
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow ltem, Lender may exercise
its rights under Section 9 and pay such amount and Borrower shall then be obligated under
Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or
all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such
revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then
required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit
to apply the Funds at the time specified under RESPA, and (b) not to exceed the
Lender
maximum amount a lender can require under RESPA. Lender shall estimate the amount of
Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal
agency, instrumentality, or entity (including Lender, if Lender is an institution whose
deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds
to pay the Escrow Items no later than the time specified under RESPA. Lender shall not
charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds
and Applicable Law permits Lender to make such a charge. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
SILOS Rev 11/04/00 Page
5 of 18 FORM 3014 101
0424429026 Page: 6 of 19
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can
agree in writing, however, that interest shall be paid on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESPA. If there is a shortage
of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required
by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
shortage in accordance with RESPA, but in no more ihan 12 monthly payments. If there is a
deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower
as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security
Instrument, leasehold payments or ground rents on the Property, if any, and Community
Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow
ltems, Borrower shall pay them in the manner provided in Section 3
Borrower shall promptly discharge any lien which has priority over this Securily
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured
by the lien in a manner acceptable to Lender, but only so long as Borrower is performing
such agreement; (b) contests the lien in good faith by, or defends against enforcement of
the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement
of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
gubordinating the lien to this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which can attain priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Within 10 days of the date on which that
notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth
above in this Section 4.
Lender may require Borrower to pay a one-lime charge for a real estate tax verification
and/or reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term
“extended coverage,” and any other hazards including, but not limited to, earthquakes and
floods, for which Lender requires insurance. This insurance shall be maintained in the
amounts {including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s
right to disapprove Borrower's choice, which right shall not be exercised unreasonably.
Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges each
time remappings or similar changes occur which reasonably might affect such determination
SILOG Rev 09/29/00 Page 6 of 18 ins FORM 3014 1/01
sme yo
0424429026 Page: 7 of 19
or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood
zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender’s option and Borrower's expense. Lender is under no
obligation to purchase any particular type or amount of coverage. Therefore, such coverage
shall cover Lender, but might or might not protect Borrower, Borrower’s equity in the
Property, or the contents of the Property, against any risk, hazard or liability and might
provide greater or lesser coverage than was previously in effect. Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under
this Section 5 shall become additional debt of Borrower secured by this Security Instrument.
These amounts shall bear interest at the Note rate from the date of disbursement and shall
be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject
to Lender's right to disapprove such policies, shall include a standard mortgage clause, and
shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the
right to hold the policies and renewal certificates. If Lender requires, Borrower shall
promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower
obtains any form of insurance coverage, not otherwise required by Lender, for damage to,
or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shail 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 proceeds, whether or not the
underlying insurance was required by Lender, shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender’s security is not
lessened. During such repair and restoration period, Lender shall have the right to hold
such insurance proceeds until Lender has had an opportunity to inspect such Property to
ensure the work has been completed
Preview
q 4/19/2024 9:52 AM Hearing Date: 6/18/2024 1:30 PM Location: Court Room 2806 IRIS Y. MARTINEZ Judge: Cocozza, Margaret) ean CIRCUIT CLERK COOK COUNTY, IL IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS 2024CH03464 COUNTY DEPARTMENT - CHANCERY DIVISION Calendar, 58 27334816 US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BOT SOLELY AS OWNER TRUSTEE FOR GS MORTGAGE-BACKED SECURITIES TRUST 2022-RPL1, PLAINTIFF 2024CH03464 VS. Case No.: Cal No.: TROY D. TUCKER, VERVE, A CREDIT UNION, Property Address: UNKNOWN OWNERS GENERALLY, AND NON- 9243 South Harper Avenue RECORD CLAIMANTS. Chicago, IL 60619 DEFENDANTS COMPLAINT FOR FORECLOSURE AND OTHER RELIEF COUNT I - FORECLOSURE Plaintiff, US Bank Trust National Association, not in its individual capacity, but solely as owner trustee for GS MORTGAGE-BACKED SECURITIES TRUST 2022-RPLI, by its attorneys, Kluever Law Group, LLC, hereby files its Complaint against the Defendants, and states as follows: 1 Plaintiff files this Complaint to foreclose the mortgage hereinafter described and joins the following persons as defendants: (a) Troy D. Tucker; (b) Verve, a Credit Union; (c) Unknown Owners, generally; (@) Non-Record Claimants. 2. Plaintiff annexes the following Exhibits which are true and correct copies of the originals thereof: (a) Exhibit “A” is the promissory note (“Note”) dated August 17, 2004, in the principal amount of $104,030.00. (b) Exhibit “B” is the Mortgage (“Mortgage”) dated August 17, 2004, with Wells Fargo Bank, N.A., as Mortgagee, and Troy D. Tucker as Mortgagor(s), securing payment of the Note (hereinafter the “Mortgage”). (c) Exhibit “C” is the Prior Mortgage. (d) Exhibit “D” is the Warranty Deed. 3 Information concerning the Mortgage: (a) Nature of Instrument: Mortgage (b) Date of Mortgage: August 17, 2004 (c) Name of Mortgagor: Troy D. Tucker SMS001091 (@) Name of Mortgagee in the Mortgage: Wells Fargo Bank, N.A. (e) Date and Place of Recording: August 31, 2004, Cook County Recorder’s Office (f) Identification of Recording: Document No. 0424429026 (g) Interest encumbered by the Mortgage: Fee Simple (h) Amount of Original Indebtedness: $104,030.00 (i) Legal Description of Premises: LOT 31 IN BLOCK 7 IN THE CALUMET AND CHICAGO CANAL AND DOCK COMPANY'S SUBDIVISION OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERDIAN, LYING EAST AND NORTH OF RAILROADS. P.I.N. 25-02-412-013 COMMON ADDRESS: 9243 South Harper Avenue, Chicago, IL 60619 DEFAULTS G) Statements as to Default and Amount Now Due: Mortgagor has defaulted in the payment of principal and interest when due on November 1, 2023, and each and every month thereafter. As a result of the foregoing defaults, Plaintiff has elected under the terms and conditions of the Note and Mortgage to declare immediately due and payable the entire principal balance and other sums secured by the Mortgage. As of March 29, 2024, the following amounts were due and owing from Mortgagor(s) to Plaintiff: Principal Balance $65,690.63 Accrued Interest $2,473.59 Funds owed to borrower $-799.24 Late Charge Payment $111.78 Property Inspection $39.00 Grand Total $67,515.76 PER DIEM INTEREST Interest continues to accrue upon the principal amount at the default rate of $13.53 per diem after March 29, 2024. (k) Name of present owner of the premises: Troy D. Tucker. w) Name or names of persons, in addition to such owner or owners, but excluding any non-record claimants as defined in the Illinois Mortgage and Foreclosure Act, as heretofore and hereafter amended who are joined as defendants and whose equitable right to redeem is sought to be barred: 1 Unknown Owners, generally; 2. Non-Record Claimants. (m) Name of person(s) claimed to be personally liable for deficiency, unless said person(s) has/have received a discharge of the underlying indebtedness in bankruptcy: Troy D. Tucker. SMS001091 (n) Capacity in which Plaintiff brings this suit: Plaintiffis the legal holder of the indebtedness and the entity entitled to foreclose the mortgage. (0) Facts in support of shortened redemption period: None at this time. (p) Plaintiff seeks inclusion in the decree of Plaintiff’s attorney’s fees and of the costs and expenses of this action in accordance with the terms of the Note and Mortgage. (q) Facts in support of request for attorneys’ fees and costs and expenses: Plaintiff is entitled to recover as indebtedness secured by the Mortgage attorney’s fees, costs and other advances and expenses as detailed in 735 ILCS 5/15-1504(d). (x) Name or names of defendants whose right to possess the mortgaged real estate, after the confirmation of a foreclosure sale, is sought to be terminated and, if not elsewhere stated, the facts in support thereof: Troy D. Tucker. WHEREFORE, Plaintiff prays for the following relief: (a) Foreclosure of its mortgage; (b) Judicial Sale of the subject property for payment of the lien and costs; (c) Confirmation of sale and the issuance of a certificate of sale to the purchaser; (d) An order granting possession, if sought; (e) A personal deficiency decree against all makers of the note, unless said person(s) has/have received a discharge of the underlying indebtedness in bankruptcy; (f) Its reasonable costs and expenses including, but not limited to, its attorney’s fees; and (g) Such other further and equitable relief as the Court deems just. COUNT II - DECLARATORY JUDGMENT AGAINST VERVE, A CREDIT UNION The following declaratory judgment is sought: 1 By this action for Declaratory Judgment, Plaintiff seeks a declaration terminating the interest of Defendant Verve, a Credit Union and hereby asserts that they do not have any interest in the Property. JURISDICTION AND VENUE The Court has jurisdiction over the parties and the subject matter of this action. All parties necessary to the determination of this cause have been duly joined as Defendants. Venue is proper pursuant to 735 ILCS 5/2-103(b), because the real estate that is the subject of this Complaint is situated in Cook County, Illinois. Plaintiff is the holder of a Mortgage recorded on August 31, 2004, as Document No. 0424429026 in the amount of $104,030.00 with the Cook County Recorder of Deeds. See Exhibit “B”. Defendant Verve, a Credit Union obtained its security interest in the Property as successor in interest to South Central Bank and Trust Co., original mortgagee as to a Prior Unreleased Mortgage recorded May 2, 2000, as Document No. 00306924 in the amount of $11,960.00 for the benefit of Linda A. SMS001091 Rudison a/k/a Linda A. Turner and Elliott R. Turner, mortgagors. See Exhibit “C”. DECLARATORY JUDGMENT Troy D. Tucker took title in sole ownership by a Warranty Deed from Linda A. Rudison recorded August 31, 2004, as Document No. 0424429025. See Exhibit “D”. On information and belief, the Prior Unreleased Mortgage was contemplated and paid at the closing of the subject mortgage. The Prior Unreleased Mortgage creates an improper prior superior lien that creates a cloud on title on the Property and, as a result, greatly diminishes the value and interferes with the right to enjoy and occupy the Property. 9. Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff prays that this Court enter an Order: (a) Quieting, establishing and confirming title to the real estate to be in the name of Troy D. Tucker, pursuant to the Mortgage which is the subject of this action, and free and clear of any claim of the remaining defendants; (b) Enjoining Verve, a Credit Union and its successors and assignees claiming under it, from asserting an adverse claim to Plaintiff’s interest in the Property; (c) Holding that the Prior Unreleased Mortgage recorded as Document No. 00306924 be extinguished from the public record as released; and — (d) Such other further and equitable relief as the Court deems just. Joh ale Frevert Jr., Esq., ARDC # 6305960 Attorney for Plaintiff Kluever Law Group, LLC 200 N LaSalle St Suite 1880 Chicago, IL 60601 312-236-0077 Attorney No. 38413 courtresults@klueverlawgroup.com SMS001091 FIXED RATE NOTE AUGUST 17, 2004 OAK LAWN ILLINOIS: Date City State 9243 SOUTH HARPER AVENUE, CHICAGO, IL 60819 (Property Address} 1 BORROWER’S PROMISE TO PAY In return for a loan that | have received, | promise to pay U.S. $ 104,030.00 (this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK, NLA. | will make all payments under this Note in the form of cash, check or money order. { understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Nate Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly rate of 7.750 %. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments | will pay principal and interest by making a payment every month. | will make my monthly payment on the first day of each month beginning on OCTOBER 1, 2004. | will make these payments every month until | have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on SEPTEMBER 1, 2034 , | still owe amounts under this Note, | will pay those amouats in full on that date, which is called the “Maturity Date.” | will make my monthly payments at WELLS FARGO BANK, N.A. P.O. BOX 10304, DES MOINES, IA 50306-0304 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 745.29 4 BORROWER’S RIGHT TO PREPAY ! have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When | make a Prepayment, | will tell the Note Halder in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. | may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder wiil use all of my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED. NOTE - Single Family - FNMA/FHLMC UNIFORM INSTRUMENT rots a EXHIBIT A a 5. LOAN CHARGES if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other Joan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted fimit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6, BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. | will pay this late charge promptly but only once on each late payment. (B) Default If | do not pay the full amount of each monthly payment on the date it is due, | will be in default. (C) Notice of Default If | am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if | am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney’s fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or ata different address if | am given a notice of that different address. 8 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS | and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Nate Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to a give notice to other persons that amounts due have not been paid. MULTISTATE FIXED NOTE - Single Family + FNMA/FHLMC UNIFORM INSTRUMENT 2of3 10. UNIFORM SECURED NOTE a This Note is a uniform instrument with limited variations in some jurisdictions. |In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the “Security Instrument’), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note, That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts that | owe under this Note. Some of those conditions are described as follows; If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural erson and a beneficial interest in Borrower is sold or full of all sums secured by this Security Instrument. exercised by Lender if such exercise is prohibited by Applicable Law. However, Yn is transferred} without Lender’s prior written consent, Lender mai require immediate payment in option shall not be If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall rovide a period of not less than 30 days from the date the notice is iven in accordance h with Section 15 within which Borrower must ay all sums secured by this ecurity Instrument. If Borrower fails to pay these sums prior to t e expiration of this period, Lender may invoke g any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Sign Original Only) by3TROY D. TUCKER -Borrower (Seal) MULTISTATE FIXED NOTE + Single Family - FHMA/FHLMC UNIFORM INSTRUMENT o ALLONGE TO NOTE Statement of Purpose: This Note Allonge is attached to and made a part of the Note, for the purpose of Noteholder Endorsement to evidence a transfer of interest. TERMS OF THE NOTE Note Date 8/17/2004 Borrower(s): TROY D TUCKER Original Lender: WELLS FARGO BANK, N.A. Original Loan Amount: $ 104030 Property Address 9243 SOUTH HARPER AVENUE, CHICAGO, IL 60619 Loan Number(s): ee Client / Investor: PIMCO PAY TO THE ORDER OF: WITHOUT RECOURSE WELLS FARGO BANK, N.A. by: NewRez LLC d/b/a Shellpoint Mortgage Servicing, as attorney in fact a , neem Cynthia M. Floyd, Vice President NoteAllonge 12023 jo 4) » Return To: ERROR WELLS FARGO BANK, NA. Doc#: 0424428026 Eugene “Gene” Moore Fee: $60.00 FINAL DOCUMENTS X4701-022 Cook County Recorder of Deeds Pg: 1 of 19 3601 MINNESOTA DRIVE Date: 08/31/2004 08:55 AM BLOOMINGTON, MN §5435-5284 Prepared By: JAY HALL WELLS FARGO BANK, N.A. 1520 KENSINGTON STE 115 Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) “Security Instrument’ means this document, which is dated AUGUST 17, 2004 together with all Riders to this document. (B) “Borrower” is TROY D. TUCKER, AN UNMARRIED WOMAN Borrower is the mortgagor under this Security jastrument. {C) “Lender” is WELLS FARGO BANK, N.A. Lender is a National Association organized and existing under the laws of THE UNITED STATES OF AMERICA EXHIBIT B ILLINOIS - Single Family - Fas jie Mae/Freddie Mac UNIFORM INSTRUMENT FORM 3014 1/01 Se ya Page | of 18 Initials: SILO1 Rev 11/04/0006 ws SS Fee & Ss TE 0424429026 Page: 2 of 19 Lender's address is P, O. BOX 5137, DES MOINES, IA 50306-5137 Lender is the mortgagee under this Security Instrument, (D) “Note ” means the promissory note signed by Borrower and dated AUGUST 17, 2004 The Note states that Borrower owes Lender ONE HUNDRED FOUR THOUSAND THIRTY AND NO/100 Dollars (U.S. $ ...104,030,00... ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2034 (E) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” (F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): (J Adjustable Rate Rider L_] Condominium Rider L]second Home Rider [J Balloon Rider Planned Unit Development Rider 1-4 Family Rider (_] va Rider [_] Biweekly Payment Rider [J other(s) [specify] (H) “Applicable Law” means all controlling applicable federal, state and loca! statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges thal are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) “Electronic Funds Transfer’ means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) “Escrow Items” means those items that are described in Section 3. (L) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for; (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; {iii} conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) “Periodic Payment’ means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that SILO2 Rev 12/18/00 Page 2 of 18 initials TS sy FORM 3014 1/01 eon ant 0424429026 Page: 3 of 19 governs the same subject matter. As used in this Security Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. {P) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s convenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, the following described property located in the County of cook [Type of Recording Jurisdiction] [Name of Recording Jurisdiction]: LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE “A” AND MADE A PART HEREOF. THIS 1S A PURCHASE MONEY MORTGAGE. Parcel ID Number: which currently has the address of 9243 SOUTH HARPER AVENUE [Street] CHICAGO [City] , Illinois 60619 [Zip Code} ("Property Address”): TOGETHER WITH 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 also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. siLoa Rev 11/04/00 Page 3 of 18 inna 2S FORM 3014 1/01 0424429026 Page: 4 of 19 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under ihe Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 . all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exisis after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Sika Rev 11/04/00 Page 4 of 18 inital OO) FORM 3014 01 seen wt nett 0424429026 Page: 5 of 19 Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any: (Cc) premiums for any and all insurance tequired by Lender under Section 5; and (d) Mortgage Insurance Premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may Association Dues, Fees, and Assessments, if any, be escrowed by require that Community Borrower, and such dues, fees and assessments shall be an Escrow ltem. Borrower shall prompily furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow ltem, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit to apply the Funds at the time specified under RESPA, and (b) not to exceed the Lender maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be SILOS Rev 11/04/00 Page 5 of 18 FORM 3014 101 0424429026 Page: 6 of 19 required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more ihan 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow ltems, Borrower shall pay them in the manner provided in Section 3 Borrower shall promptly discharge any lien which has priority over this Securily Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender gubordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-lime charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts {including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination SILOG Rev 09/29/00 Page 6 of 18 ins FORM 3014 1/01 sme yo 0424429026 Page: 7 of 19 or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower’s equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shail 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 proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed