Preview
Hearing Date: 8/5/2024 3:00 PM
Location: Court Room 2810
Judge: Pedersen, Chloe
ILED
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 6/4/2024 8:52 AM
COUNTY DEPARTMENT - CHANCERY DIVISION IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
U.S. Bank National Association 2024CH05235
Calendar, 63
Plaintiff, 27956041
vs. Case No.: 2024CH05235
Julio C. Jimenez, Illinois Housing Development Property Address:
Authority, Unknown Owners and Non-Record 416 Huron Street
Claimants Park Forest, IL 60466
Defendants.
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, U.S. Bank National Association, by and through its attorneys, Randall
S. Miller & Associates, LLC, complaining of the defendants therein and, pursuant to 735 ILCS 5/15-
1101, states as follows:
1. Plaintiff files this Complaint to foreclose the mortgage, trust deed or the conveyance in the nature
of a mortgage (hereinafter called “Mortgage’’) hereinafter described, and names the persons
identified in the above caption as “Defendants”, as parties hereto.
Attached as EXHIBIT “A” is a copy of the Mortgage. Attached as EXHIBIT “B” is a copy of
the Note secured thereby. Attached as EXHIBIT “C” is a copy ofthe Assignment of Mortgage.
Information concerning said Mortgage.
A. Nature of the instrument: Mortgage
B. . Date of Mortgage: October 13, 2021
Cc Name of mortgagor(s): Julio C. Jimenez
Name of mortgagee:
Original Mortgagee, Trustee or Grantee: Mortgage Electronic Registration Systems,
Inc. as nominee for Neighborhood Loans, Inc., its successors and/or assigns
Current Mortgagee: U.S. Bank National Association
Date and Place of Recording or Registering: November 22, 2021, Office of the Recorder of
Deeds of Cook County Illinois
Identification of Recording: Document No: 2132620030
Interest subject to the Mortgage: Fee Simple
H. Amount of original indebtedness: $152,192.00
I Both the legal description of the mortgaged and the common address or other information
sufficient to identify it with reasonable certainty:
LOT 2 IN BLOCK 66 IN RESUBDIVISION OF BLOCKS 46 AND 65, VILLAGE
OF PARK FOREST AREA NO. 5, BEING SUBDIVISION OF PART OF THE EAST
1/2 OF SECTION 35 AND THE WEST 1/2 OF SECTION 36, TOWNSHIP 35
NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT RECORDED JULY 15, 1952 AS DOCUMENT
NUMBER 15387755, INCOOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 416 Huron Street, Park Forest, IL 60466
TAX PARCEL NUMBER: 31-35-416-037-0000
Statement as to defaults: Mortgagors have not paid the monthly installments of principal,
taxes, interest and insurance for 12/01/2023, through the present, the principal balance due on
the Note and the Mortgage is $145,821.13, plus interest, costs, advances, and fees. The current
per diem is 12.48 per day; interest accrues pursuant to the note.
Name of present owner(s) of said premises: Julio C. Jimenez
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.
Illinois Housing Development Authority, by virtue of the junior mortgage dated October
13, 2021 and recorded November 22, 2021 as document number 2132620031 in the
office of the Cook County Recorder of Deeds, in the sum of $6,000.00.
Names of defendants claimed to be personally liable for deficiency, if any: N/A. Please note
that no personal deficiency will be sought against any party who has received a Chapter 7
discharge or who are personally protected by the automatic stay at the sale confirmation.
Capacity in which plaintiff brings this foreclosure: Plaintiff is the legal holder of the note,
mortgage and indebtedness.
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.
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.
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.
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
pay for said relief after the filing of the instant foreclosure action by separate petition if such
relief is sought.
Offer to 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.
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 state, the
facts in support thereof:
Julio C. Jimenez; Unknown Owners; Unknown Occupants; Non-Record Claimants
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 Non-Record 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 NON-RECORD CLAIMANTS.
RE UEST FOR RELIEF
WHEREFORE, Plaintiff respectfully requests
1 A judgment to foreclosure and sale by the Special Commissioner appointed for that purpose
An order granting a shortened redemption period, as applicable.
A deficiency judgment against only those Defendants/Obligors, who have not received an order
discharging the subject debt in bankruptcy proceedings, or who are not currently involved in
bankruptcy proceedings in which the stay has been modified for the sole purpose of foreclosing
the subject lien.
An order granting possession, if sought.
An order placing the mortgagee in possession or appointing a receiver, if sought.
A judgment including an award of attorneys' fees, costs and expenses, including but not limited
to, payments for taxes, insurance, securing, inspections and other expenses of the mortgagee.
A finding that the interest of any and all named Defendants are junior and subservient to the
mortgage lien being foreclosed herein and the termination of leaseholds, if any.
An order enforcing its assignment of rents derived from said real estate, if applicable.
For such other and further relief as the Court deems just, including, but not limited to, declaratory
and injunctive relief.
ADDITIONAL REQUEST FOR RELIEF
10 A sale by public auction.
11 A cash sale by open bid.
12 A provision that a Special Commissioner shall conduct the sale for a reasonable fee, which fee
shall be recoverable by Plaintiffin the event of redemption.
13 An order that title in the real estate may be subject, at the sale, to exceptions including general
real estate taxes for the current year and for preceding years which have not become due and
payable as of the date of entry of the judgment of foreclosure, any special assessments upon real
estate, and easements and restrictions of record.
14 That the plaintiff be entitled to recover in any reinstatement or redemption, additional legal fees
as are reasonably incurred, any additional taxes paid, or advances paid for expenses including,
but not limited to, insurance, inspection, boarding and securing said premises, or other expenses
to preserve and protect said security.
U.S. Bank National Association
/s/ Michael R. Schumann
Michael R. Schumann (ARDC# 6306951)
One of Plaintiff's Attorneys
Drafted by and Mail to:
Randall S. Miller & Associates, LLC
120 North LaSalle Street, Suite 1140
Chicago, IL 60602
P: (312) 239-3432
F: (312) 284-4820
Attorney Firm No. 46689
pleadings@rsmalaw.com
Our Case Number: 241L00258-1
EXHIBIT A
Doc#.
a
2132620030 Fee: $98.00
Karen A, Yarbrough
‘Cook County Clerk
ilinols Anti-Predatory Date: 11/22/2021 06:30 AM Pg: 1 of 17
Lending Database
Program
Certificate of Compliance
‘Ss
Report Mortgage Fraud
844-71 713
The property identified as: PIN: 31-35-416-037-0000
Address:
Street: 416 HURON ST
Street line 2:
City: PARK FOREST State: IL ‘ZIP Code: 60466
Lender, Neighborhood Loans, inc.
Borrower; JULIO C JIMENEZ
Loan! Mortgage Amount: $152,192.00
Pursuant to 765 ILCS 77/70 et seq., this Certificate authorizes the County Recorder of Deeds to record a residential
mortgage secured by this property and, if applicable, a simultaneously dated HELOC.
Cont Execution date: 10/13/2021
2132620030 Page: 2 of 17
When recorded, return to:
lborhood Loans, inc,
Attn: Post Ciosi
1333 Butterfield Road, Suite 600
Downers Grove, IL 60515
This instrument
was prepared by:
Rene Fisher
Nelghborhood Loans
1333 Butterfield Rd, Ste 600
Grove, I. 60615
331-241-4037
Tie Order No:
LOAN + [Space Above This Line For Recording
Data]
MORTGAGE FHA Case No.
138-1445636-703-203B
MIN: 1011378-0000080144-4
MERS PHONE #: 1-888-679-6377
DEFINITIONS
Words used in multiple sections of this document
are defined below and other words are defined in Sections 3, 10, 12, 17,
19 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15,
(A) “Security Instrument” means this document, which is dated October
13, 2021, together with all Riders to
this document.
(8) “Borrower” is JULIO C JIMENEZ, A SINGLE MAN.
Borrower is the mortgagor under this Security Instrument.
(C) “MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security Instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,
Flint, MI 48501-2026, tel. (888) 679-MERS.
({D) “Lender” is Neighborhood Loans, inc..
ILLINOIS ~ Single Family ~ Fannie MaeiFreddle Mac UNIFORM INSTRUMENT Form 2044 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page
1 of 12
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LOAN#:
Lender is a Corporation, organized and existing
under the laws of Illinois.
Lender's address is 1333 Butterfield Road, Suite 600, Downers Grove, IL 60815
(E) “Note” means the promissory note signed by Borrower and dated October The Note states
13, 2021. that
Borrower owes Lender ONE HUNDRED FIFTY TWO THOUSAND ONE HUNDRED. NINETY TWO AND NO/100" ** *
Anaenantsawencursnenenesnnoarveccanasunstereanensse® Dolias (U.S, $182,192.00
plus interest. Borrower has promised to pay this debt ‘in regular Periodic Payments and to pay the debt in full not tater
than November4, 2051.
(F) “Property” means the property that is , described below under the heading “Tr ransfer of Rights in the Property.”
{G) “Loan” means the debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due
under this Security Instrument, plus interest.
{H) “Riders” means all Riders to this Security Instrument that are execitted by Borrower. The following Riders are to
be executed by Borrower {check box as applicable}:
C Adjustable Rate Rider Condominium Rider {] Planned Unit Development Rider
1) Others) (specify)
Fixed Interest Rate Rider, IHDA Mortgage Rider
R
“Applicable Law” means all controling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable Judicial
opinions.
J) “Community Association Dues, Fees, and Assessments” * means
all dues, fees, assessments
and other charges that
are imposedon Borroweror the Property by @ condominium aésociation, homeowners associationor similar organization,
(K) “Electronic ‘Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or
similar paper insttument, which is initiated through ‘an electronic terminal, telephonic instrument, computes, 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
{L) “Escrow items” means those items that are described in Section 3,
(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damageto, or destruction
of, the Property; (ji) condemnation or other taking of all or any part of the Property; (ii) coriveyance
in feu of condemnation;
or (iv) misrepresentationsof, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the rionpayment of, or default on, the Loan.
{O) “Periodic Payment” .means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(li) any amounts under Section 3 of this Security Instrument.
(P} “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2501 ef seq,) and its implementing regulation
Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation
or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA’ refers to all requirements
and that are imposed in regard to a “federally related mortgage loan even if the Loan does not qualify es a
“federally related morigage loan” under RESPA.
“Secretary” means the Secretary ofthe United States Department of Housing ‘and Urban Development
or his designee.
(R) “Successor in Interest of Botrower” means any party that has taken title to the Property, whether
or not that paity
has assumed Borrower's obligations under the Note and/or this Security Inétrument.
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 (ji) the performanceof Borrower's covenants and agreements under this Security Instrument and
ILLINOIS- Single Family- Fannie Mae/Freddie Mac UNIFORM, INSTRUMENT Form 3014 tet
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 2 of 12
2132620030 Page: 4 of 17
LOAN +:
the Note. For this purpose, Borrower does hereby mortgage, rent and Gorivey to MERS (solely a8 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 Juristiiction) {Name of Recording Jurisdiction):
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A”,
APN #; 31-35-416-037-001
which currently has the address of 416 HURON ST, PARK FOREST,
{Steel (City)
Minois 60466 (‘Property Address”):
ip Code]
TOGETHER WITH all the improvements now or hereafter erected on the propetty, and all essements, appurtenances,
‘and fitures now or hereafter a part of the property. Al replacements and additions shail also be covered by this Security
Instrument. All of the foregoing /is referred to in this Security Instrument as the “Property.” Borrower understands and
agrees that MERS holds only egal tite to the interests granted by Borrower in this Security hstrument, but, if necessary
to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limitedto, the right to foreciose and sell the Property; and to take
any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will:defend generally the title to the Property against all claims and demands, subject to any
encumbrances
of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Paymentof Principal, interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal
of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds
for Escrow'lterns 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
ening Instrument is returned to Lender unpaid, Lender may’ require that any or all eubsequent payments due under the Note
and this Security Instrument be made In one or more of the following forms, a8 selected by Lender: (a) cash; (©) 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 14, Lender
may retum any
payment or partial payment if the payment or partial payments are insufficient
to bring the Loan current, Lendermay accept
ILLINOIS — Single Family - Fannie Mae/Freddlo Mac UNIFORM INSTRUMENT — Form 3044 1/04
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Eltie Mae, Inc. Page 3 of 12
2132620030 Page: 5 of 17
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any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice
{o 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 Periadic Payment is applied as of its scheduled due date; then Lender
need not pay interest on unapplied funds. Lender may hold euch unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do go within a reasonable period of time, Lender shall either apply such funds or
retum them to Borrower. {f not applied earlier, such funds will be applied to the outstanding principal balance under the
Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender
shall relieve Borrower from making payments due under the Note and this Security Instrument: or performing the covenants
‘and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otfierwise described in this Section 2, ‘all payments accepted
and applied by Lender shall be applied in the following order of priority:
First, to the Mortgage Insurance: premiums to be paid by Lenderto the Secretary or the monthly charge by the Sec-
retary instead of the monthly mortgage insurance premiums;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and,
Fifth, to fate charges due under the Note,
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 shail 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 Instrumentas a lien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section
5, and (d) Mortgage Insurance premiums, to be paid by Lender to the Secretary or the monthly charge by the Secretary
instead of the monthly Mortgage Insurance premiums. These items are called “Escrow Items.” At origination or at any time
during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow ttem. Borrower shail promptly furnish to
Lenderall 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 ot ail Escrow Items at any time. Any such waiver may only be in writing. in the eventof 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 fumish 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 Section9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower
fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay auch amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to
any or all Escrow Items at any.time by a notice given in accordance with Section 14 and, upon such revocation, Borrower
shall pay to Lenderall Funds, and in such amounts, that are then required under this Section3,
Lender may, at time, collect and hold Funds in an arriount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) notto exceed the maximum amount a Jender 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 depasits are 60 insured) orin any Federal Home Loan Bank. Lender shail
apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower
for hokling 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 @ charge. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on the Funds, Lender shail not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree iting, 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.
ILLINOIS— Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT — Form 3014 1/01
‘Modified for FHA 9/2014 (HUD Handbook 4000.1)
Elio Mae, Page
4 of 12
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3 LOAN#,
there is a surplus of Funds held in escrow, as. defi ined under RESPA, Lender shall account 10 Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
shaill notify Borroweras required
by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the
shortage in accordance.with RESPA, but in no more than'12 monthly payments. If thereis a deficiencyof Furids held in
escrow, as defined under RESPA, Lender shall notify Borroweras 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 Instriment, Lender shall promptly refund to Borrower any
Funds held by Lender.
4, .-Chai ; Liens. Borrower shell pay ail taxes; ‘assessments, charges, fines, and impositions attributable to the
Propsity which can attain priority over this Security Inistrurtent, payments or ground rerits on the Property, if
any, and: Community Association Dues, Fees, and Asséssimeéiits; if any. To the extent that these items are Escrow items,
Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which‘has priority over this Security ‘Inatrument unless Borrower:
(@) agrees in writing to the payment of the obligation secured by the lien in @ manner acceptable to Lender, but only so
fong'as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against efiforcement
of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the fien while those
proceedings are pending, but only until such proceedirigs are ‘concluded; of (c) secures fromthe holder ‘of the fien an
agreement satisfactoryto Lender subordinating the lien to this Security Instrument. If Lender ‘determines that any partof
the Property is subject te a lien which can attain priority over this Security Instrument, Lender may give Borrowera notice
identifyingthe lien: Within 10 days of the date on which that notice is given, Borrawer shall satisfy the lien or take one or
more of the actions set forth above in we Sen A
8. Property Insurance. Borrower shall rovernents now existing or hereafter erected on the Property
insured against loss by fire, hazards included within ae term “extended coverage,” and any other hazards including, but
Not limited to, earthquakes and floods, for which Lender réquires insurance. This ingurarice 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 shalll not be exercised unrea-
sonably, Lender may require Borrower to pay, in connection with this Loan, either: (a) 8 one-time charge for flood zone
determination, cartification and tracking seivices; ‘oF (b) a one-time charge for flood zone determination and certification
services and subsequent charges ‘each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal
Emergency Management Agency in connection with the review of any flood zone determination resulting from an objec-
tion 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 debl 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 shail be subjectto Lender's right to disapprove
euch policies, shall Include @ standard 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 premiumis.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 mortgages and/or as an additional loss
In the event of loss, Borrower shell give prompt notice to the insurance carrier and Lender. Lender may make proof
of foss if not made. promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, arly 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 10
Moditled for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 5 of 12
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and restoration period, Lender shall have the right to hold such ingurance proceeds until Lender has had ain opportunity
to inspect such Property to ensure
the work has been completed to. Lender's satisfaction, provided that such inspection
shail be undertaken promptly. Lender may disburse ‘proceeds for the repairs and restoration in'a single payment ot in
a series of progress payments ‘as the workis completed. Unless 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 of
earings on such proceeds, Fees for public adjusters, ‘or other third parties, retained by Borrower shall not be paid ‘out
of the ingurance proceeds and shall be the sale obligation ‘of Borrower. ‘the Festoration or repair is not economically
feasible or Lender's security would be lessened, the ‘ingtirance proceeds shail be applied to the surns Secured by this
Security Instrument, whether of nol then due, with thie ‘excess, if any, paid-to Borrower. ‘Such insurance proceeds shalll
be applied in the order provided for in’ Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offeredto
settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is giver:
In either event, or:if Lender acquires the Property under Section 24 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds In an-amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights ‘(other than the right to any refund of uneamed Premiums paid
by Borrower) underall insurance policies covering the Property, insofar as such rights are applicable to the coverage of
the Property. Lender Use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whetheror not theri due.
6. : Occupancy. Borrower shall , establish, and Use the Property as Borrower's principal residence within
0 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender determines that this requirement shall cause
undue hardship for the Borrower, or unless éxtenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance
and Protection
of the Property; Inspections.
Borrower shail not destroy, damage
or impair
the Property, allow the Property to deteriorate or commit waste ori the Property. Borrower shail maintain the Prop-
erty in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless
it is determined
pursizant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage.’ ¥f insurance or condenination proceeds are paid in Cofinection with
damage to the Property, Borrower shail be responsible for-repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a'series
of progress paynients as the work is completed. If the ‘insurarice
or condemnation proceeds ate hot sufficient to repair or
restore the Properly, Borroweris not relieved of Borrower's obligation for the Completion of such repair of restoration.
{f condemnation proceeds are paid in connection with the taking of the property, Lender shall apply such proceeds to
the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts, and then
to payment of principal. ‘Any application of the proceeds to the principal shall not extend or postpone the dUe date
of the
monthly payments or change the amount of such payments.
Lender or its agent may make reasonable entries upon and inspections of the Property. If t has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or
priorto such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in defauilt if, during the Loan application process, Borrower or
any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,
misteading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in
connection with the Loan. Material representations include, but are not imed to, representations concerning Borrower's
oceuipancyof the Property as Borrower's principal residence.
Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants and agreements. contained in'this Security Inistrument, (b) there is a Jegal proceeding
that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as'a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument orto enforce taws or regulations), or (c) Borrower has abaindoned the Property, then Lender may
do and pay for whatever is reasonable or appropriate to protect.Lender's interest in the Property and rights under this
Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not Ienged to: @@) paying any sums secured by a lien which has priority
ALLINOTS- Single Family - Fannie Maa/Freddie Mac UNIFORM INSTRUMENT Form 3014 4101 ®
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Page 6 of 12
a
Ettie Mae, inc.
2132620030 Page: 8 of 17
LOAN +:
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest
in the Property and/or rights under this Security Instrument, including its secured position 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 building of other code violations or dangerous conditions,
and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does hot have to do so
and is not under any duty or obligation to do so. Itis agreedthat Lender incurs noIlabilityfor not taking any
or all actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section.9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest al thé Note rate from thé date of disbursement and shall be pay-
able, with such interest, upon notice from Lender to’ Borrower requesting payment.
ifthis Security Instrument is ona leasehold, Botrower SHall comply with ail the provisions of the lease. Borrower shall
not surrerider the leasehold estate and interests herein ‘conveyed or terminate or cancel the ground lease. Borrower shall
not, without the express written consent of Lender, alter'or amend the ground lease. If Borrower acquires fee titleto the
Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Assignment
of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds 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 rightto hold such Miscellaneous Proceeds until Lender has had en 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 pey for the repairs and restoration in 6 single disbursement or in a series of progress payments as the
work is completed. Uniessan agreement is made in writing or Applicable Law requires interest to be paid on such Miscel-
taneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds.
Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paidfo
Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
‘Inthe event of a total taking, destruction, ‘or loss in value of the Property, the Miscellaneous Proceeds shall be applied
to the suis secured by this Secutity Instrument, whethér or not then due, with the excess, if any, paid to Borrower.
“In'the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Prop-
erty immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower
and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the
Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums Secured immediately before
the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or lossin value. Any balance shall be paid to Borrower.
{n the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is lass than the amount of the sums secured immediately
before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Misce}-
taneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.
Ifthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
(as defined
in the next senténce) offers to make an award to settle a claim for , Borrower fails to respond to Lender within
30 days after the date the notice is given, Lender is authorized to collect and ‘apply the Miscellaneous Proceeds eitherto
Testoration,or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due. “Oppos-
ing Party” Means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a
tight of action in regard to Miscellaneous Proceeds,
Ss Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender’s judgment,
could result in
Preview
Hearing Date: 8/5/2024 3:00 PM Location: Court Room 2810 Judge: Pedersen, Chloe ILED IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 6/4/2024 8:52 AM COUNTY DEPARTMENT - CHANCERY DIVISION IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL U.S. Bank National Association 2024CH05235 Calendar, 63 Plaintiff, 27956041 vs. Case No.: 2024CH05235 Julio C. Jimenez, Illinois Housing Development Property Address: Authority, Unknown Owners and Non-Record 416 Huron Street Claimants Park Forest, IL 60466 Defendants. COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, U.S. Bank National Association, by and through its attorneys, Randall S. Miller & Associates, LLC, complaining of the defendants therein and, pursuant to 735 ILCS 5/15- 1101, states as follows: 1. Plaintiff files this Complaint to foreclose the mortgage, trust deed or the conveyance in the nature of a mortgage (hereinafter called “Mortgage’’) hereinafter described, and names the persons identified in the above caption as “Defendants”, as parties hereto. Attached as EXHIBIT “A” is a copy of the Mortgage. Attached as EXHIBIT “B” is a copy of the Note secured thereby. Attached as EXHIBIT “C” is a copy ofthe Assignment of Mortgage. Information concerning said Mortgage. A. Nature of the instrument: Mortgage B. . Date of Mortgage: October 13, 2021 Cc Name of mortgagor(s): Julio C. Jimenez Name of mortgagee: Original Mortgagee, Trustee or Grantee: Mortgage Electronic Registration Systems, Inc. as nominee for Neighborhood Loans, Inc., its successors and/or assigns Current Mortgagee: U.S. Bank National Association Date and Place of Recording or Registering: November 22, 2021, Office of the Recorder of Deeds of Cook County Illinois Identification of Recording: Document No: 2132620030 Interest subject to the Mortgage: Fee Simple H. Amount of original indebtedness: $152,192.00 I Both the legal description of the mortgaged and the common address or other information sufficient to identify it with reasonable certainty: LOT 2 IN BLOCK 66 IN RESUBDIVISION OF BLOCKS 46 AND 65, VILLAGE OF PARK FOREST AREA NO. 5, BEING SUBDIVISION OF PART OF THE EAST 1/2 OF SECTION 35 AND THE WEST 1/2 OF SECTION 36, TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED JULY 15, 1952 AS DOCUMENT NUMBER 15387755, INCOOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 416 Huron Street, Park Forest, IL 60466 TAX PARCEL NUMBER: 31-35-416-037-0000 Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest and insurance for 12/01/2023, through the present, the principal balance due on the Note and the Mortgage is $145,821.13, plus interest, costs, advances, and fees. The current per diem is 12.48 per day; interest accrues pursuant to the note. Name of present owner(s) of said premises: Julio C. Jimenez 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. Illinois Housing Development Authority, by virtue of the junior mortgage dated October 13, 2021 and recorded November 22, 2021 as document number 2132620031 in the office of the Cook County Recorder of Deeds, in the sum of $6,000.00. Names of defendants claimed to be personally liable for deficiency, if any: N/A. Please note that no personal deficiency will be sought against any party who has received a Chapter 7 discharge or who are personally protected by the automatic stay at the sale confirmation. Capacity in which plaintiff brings this foreclosure: Plaintiff is the legal holder of the note, mortgage and indebtedness. 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. 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. 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. 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 pay for said relief after the filing of the instant foreclosure action by separate petition if such relief is sought. Offer to 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. 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 state, the facts in support thereof: Julio C. Jimenez; Unknown Owners; Unknown Occupants; Non-Record Claimants 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 Non-Record 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 NON-RECORD CLAIMANTS. RE UEST FOR RELIEF WHEREFORE, Plaintiff respectfully requests 1 A judgment to foreclosure and sale by the Special Commissioner appointed for that purpose An order granting a shortened redemption period, as applicable. A deficiency judgment against only those Defendants/Obligors, who have not received an order discharging the subject debt in bankruptcy proceedings, or who are not currently involved in bankruptcy proceedings in which the stay has been modified for the sole purpose of foreclosing the subject lien. An order granting possession, if sought. An order placing the mortgagee in possession or appointing a receiver, if sought. A judgment including an award of attorneys' fees, costs and expenses, including but not limited to, payments for taxes, insurance, securing, inspections and other expenses of the mortgagee. A finding that the interest of any and all named Defendants are junior and subservient to the mortgage lien being foreclosed herein and the termination of leaseholds, if any. An order enforcing its assignment of rents derived from said real estate, if applicable. For such other and further relief as the Court deems just, including, but not limited to, declaratory and injunctive relief. ADDITIONAL REQUEST FOR RELIEF 10 A sale by public auction. 11 A cash sale by open bid. 12 A provision that a Special Commissioner shall conduct the sale for a reasonable fee, which fee shall be recoverable by Plaintiffin the event of redemption. 13 An order that title in the real estate may be subject, at the sale, to exceptions including general real estate taxes for the current year and for preceding years which have not become due and payable as of the date of entry of the judgment of foreclosure, any special assessments upon real estate, and easements and restrictions of record. 14 That the plaintiff be entitled to recover in any reinstatement or redemption, additional legal fees as are reasonably incurred, any additional taxes paid, or advances paid for expenses including, but not limited to, insurance, inspection, boarding and securing said premises, or other expenses to preserve and protect said security. U.S. Bank National Association /s/ Michael R. Schumann Michael R. Schumann (ARDC# 6306951) One of Plaintiff's Attorneys Drafted by and Mail to: Randall S. Miller & Associates, LLC 120 North LaSalle Street, Suite 1140 Chicago, IL 60602 P: (312) 239-3432 F: (312) 284-4820 Attorney Firm No. 46689 pleadings@rsmalaw.com Our Case Number: 241L00258-1 EXHIBIT A Doc#. a 2132620030 Fee: $98.00 Karen A, Yarbrough ‘Cook County Clerk ilinols Anti-Predatory Date: 11/22/2021 06:30 AM Pg: 1 of 17 Lending Database Program Certificate of Compliance ‘Ss Report Mortgage Fraud 844-71 713 The property identified as: PIN: 31-35-416-037-0000 Address: Street: 416 HURON ST Street line 2: City: PARK FOREST State: IL ‘ZIP Code: 60466 Lender, Neighborhood Loans, inc. Borrower; JULIO C JIMENEZ Loan! Mortgage Amount: $152,192.00 Pursuant to 765 ILCS 77/70 et seq., this Certificate authorizes the County Recorder of Deeds to record a residential mortgage secured by this property and, if applicable, a simultaneously dated HELOC. Cont Execution date: 10/13/2021 2132620030 Page: 2 of 17 When recorded, return to: lborhood Loans, inc, Attn: Post Ciosi 1333 Butterfield Road, Suite 600 Downers Grove, IL 60515 This instrument was prepared by: Rene Fisher Nelghborhood Loans 1333 Butterfield Rd, Ste 600 Grove, I. 60615 331-241-4037 Tie Order No: LOAN + [Space Above This Line For Recording Data] MORTGAGE FHA Case No. 138-1445636-703-203B MIN: 1011378-0000080144-4 MERS PHONE #: 1-888-679-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15, (A) “Security Instrument” means this document, which is dated October 13, 2021, together with all Riders to this document. (8) “Borrower” is JULIO C JIMENEZ, A SINGLE MAN. Borrower is the mortgagor under this Security Instrument. (C) “MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. ({D) “Lender” is Neighborhood Loans, inc.. ILLINOIS ~ Single Family ~ Fannie MaeiFreddle Mac UNIFORM INSTRUMENT Form 2044 1/01 Modified for FHA 9/2014 (HUD Handbook 4000.1) Ellie Mae, Inc. Page 1 of 12 2132620030 Page: 3 of 17 LOAN#: Lender is a Corporation, organized and existing under the laws of Illinois. Lender's address is 1333 Butterfield Road, Suite 600, Downers Grove, IL 60815 (E) “Note” means the promissory note signed by Borrower and dated October The Note states 13, 2021. that Borrower owes Lender ONE HUNDRED FIFTY TWO THOUSAND ONE HUNDRED. NINETY TWO AND NO/100" ** * Anaenantsawencursnenenesnnoarveccanasunstereanensse® Dolias (U.S, $182,192.00 plus interest. Borrower has promised to pay this debt ‘in regular Periodic Payments and to pay the debt in full not tater than November4, 2051. (F) “Property” means the property that is , described below under the heading “Tr ransfer of Rights in the Property.” {G) “Loan” means the debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due under this Security Instrument, plus interest. {H) “Riders” means all Riders to this Security Instrument that are execitted by Borrower. The following Riders are to be executed by Borrower {check box as applicable}: C Adjustable Rate Rider Condominium Rider {] Planned Unit Development Rider 1) Others) (specify) Fixed Interest Rate Rider, IHDA Mortgage Rider R “Applicable Law” means all controling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable Judicial opinions. J) “Community Association Dues, Fees, and Assessments” * means all dues, fees, assessments and other charges that are imposedon Borroweror the Property by @ condominium aésociation, homeowners associationor similar organization, (K) “Electronic ‘Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper insttument, which is initiated through ‘an electronic terminal, telephonic instrument, computes, 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 {L) “Escrow items” means those items that are described in Section 3, (M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damageto, or destruction of, the Property; (ji) condemnation or other taking of all or any part of the Property; (ii) coriveyance in feu of condemnation; or (iv) misrepresentationsof, or omissions as to, the value and/or condition of the Property. (N) “Mortgage Insurance” means insurance protecting Lender against the rionpayment of, or default on, the Loan. {O) “Periodic Payment” .means the regularly scheduled amount due for (i) principal and interest under the Note, plus (li) any amounts under Section 3 of this Security Instrument. (P} “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2501 ef seq,) and its implementing regulation Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA’ refers to all requirements and that are imposed in regard to a “federally related mortgage loan even if the Loan does not qualify es a “federally related morigage loan” under RESPA. “Secretary” means the Secretary ofthe United States Department of Housing ‘and Urban Development or his designee. (R) “Successor in Interest of Botrower” means any party that has taken title to the Property, whether or not that paity has assumed Borrower's obligations under the Note and/or this Security Inétrument. 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 (ji) the performanceof Borrower's covenants and agreements under this Security Instrument and ILLINOIS- Single Family- Fannie Mae/Freddie Mac UNIFORM, INSTRUMENT Form 3014 tet Modified for FHA 9/2014 (HUD Handbook 4000.1) Ellie Mae, Inc. Page 2 of 12 2132620030 Page: 4 of 17 LOAN +: the Note. For this purpose, Borrower does hereby mortgage, rent and Gorivey to MERS (solely a8 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 Juristiiction) {Name of Recording Jurisdiction): SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A”, APN #; 31-35-416-037-001 which currently has the address of 416 HURON ST, PARK FOREST, {Steel (City) Minois 60466 (‘Property Address”): ip Code] TOGETHER WITH all the improvements now or hereafter erected on the propetty, and all essements, appurtenances, ‘and fitures now or hereafter a part of the property. Al replacements and additions shail also be covered by this Security Instrument. All of the foregoing /is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only egal tite to the interests granted by Borrower in this Security hstrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limitedto, the right to foreciose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will:defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Paymentof Principal, interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds for Escrow'lterns 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 ening Instrument is returned to Lender unpaid, Lender may’ require that any or all eubsequent payments due under the Note and this Security Instrument be made In one or more of the following forms, a8 selected by Lender: (a) cash; (©) 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 14, Lender may retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lendermay accept ILLINOIS — Single Family - Fannie Mae/Freddlo Mac UNIFORM INSTRUMENT — Form 3044 1/04 Modified for FHA 9/2014 (HUD Handbook 4000.1) Eltie Mae, Inc. Page 3 of 12 2132620030 Page: 5 of 17 Ltn + any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice {o 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 Periadic Payment is applied as of its scheduled due date; then Lender need not pay interest on unapplied funds. Lender may hold euch unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do go within a reasonable period of time, Lender shall either apply such funds or retum them to Borrower. {f not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument: or performing the covenants ‘and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otfierwise described in this Section 2, ‘all payments accepted and applied by Lender shall be applied in the following order of priority: First, to the Mortgage Insurance: premiums to be paid by Lenderto the Secretary or the monthly charge by the Sec- retary instead of the monthly mortgage insurance premiums; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and, Fifth, to fate charges due under the Note, 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 shail 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 Instrumentas a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Mortgage Insurance premiums. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow ttem. Borrower shail promptly furnish to Lenderall 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 ot ail Escrow Items at any time. Any such waiver may only be in writing. in the eventof 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 fumish 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 Section9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay auch amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any.time by a notice given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lenderall Funds, and in such amounts, that are then required under this Section3, Lender may, at time, collect and hold Funds in an arriount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) notto exceed the maximum amount a Jender 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 depasits are 60 insured) orin any Federal Home Loan Bank. Lender shail apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for hokling 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 @ charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shail not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree iting, 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. ILLINOIS— Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT — Form 3014 1/01 ‘Modified for FHA 9/2014 (HUD Handbook 4000.1) Elio Mae, Page 4 of 12 oe 2132620030 Page: 6 of 17 3 LOAN#, there is a surplus of Funds held in escrow, as. defi ined under RESPA, Lender shall account 10 Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shaill notify Borroweras required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance.with RESPA, but in no more than'12 monthly payments. If thereis a deficiencyof Furids held in escrow, as defined under RESPA, Lender shall notify Borroweras 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 Instriment, Lender shall promptly refund to Borrower any Funds held by Lender. 4, .-Chai ; Liens. Borrower shell pay ail taxes; ‘assessments, charges, fines, and impositions attributable to the Propsity which can attain priority over this Security Inistrurtent, payments or ground rerits on the Property, if any, and: Community Association Dues, Fees, and Asséssimeéiits; if any. To the extent that these items are Escrow items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which‘has priority over this Security ‘Inatrument unless Borrower: (@) agrees in writing to the payment of the obligation secured by the lien in @ manner acceptable to Lender, but only so fong'as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against efiforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the fien while those proceedings are pending, but only until such proceedirigs are ‘concluded; of (c) secures fromthe holder ‘of the fien an agreement satisfactoryto Lender subordinating the lien to this Security Instrument. If Lender ‘determines that any partof the Property is subject te a lien which can attain priority over this Security Instrument, Lender may give Borrowera notice identifyingthe lien: Within 10 days of the date on which that notice is given, Borrawer shall satisfy the lien or take one or more of the actions set forth above in we Sen A 8. Property Insurance. Borrower shall rovernents now existing or hereafter erected on the Property insured against loss by fire, hazards included within ae term “extended coverage,” and any other hazards including, but Not limited to, earthquakes and floods, for which Lender réquires insurance. This ingurarice 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 shalll not be exercised unrea- sonably, Lender may require Borrower to pay, in connection with this Loan, either: (a) 8 one-time charge for flood zone determination, cartification and tracking seivices; ‘oF (b) a one-time charge for flood zone determination and certification services and subsequent charges ‘each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objec- tion 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 debl 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 shail be subjectto Lender's right to disapprove euch policies, shall Include @ standard 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 premiumis.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 mortgages and/or as an additional loss In the event of loss, Borrower shell give prompt notice to the insurance carrier and Lender. Lender may make proof of foss if not made. promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, arly 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 10 Moditled for FHA 9/2014 (HUD Handbook 4000.1) Ellie Mae, Inc. Page 5 of 12 2132620030 Page: 7 of 17 LOAN + and restoration period, Lender shall have the right to hold such ingurance proceeds until Lender has had ain opportunity to inspect such Property to ensure the work has been completed to. Lender's satisfaction, provided that such inspection shail be undertaken promptly. Lender may disburse ‘proceeds for the repairs and restoration in'a single payment ot in a series of progress payments ‘as the workis completed. Unless 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 of earings on such proceeds, Fees for public adjusters, ‘or other third parties, retained by Borrower shall not be paid ‘out of the ingurance proceeds and shall be the sale obligation ‘of Borrower. ‘the Festoration or repair is not economically feasible or Lender's security would be lessened, the ‘ingtirance proceeds shail be applied to the surns Secured by this Security Instrument, whether of nol then due, with thie ‘excess, if any, paid-to Borrower. ‘Such insurance proceeds shalll be applied in the order provided for in’ Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offeredto settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is giver: In either event, or:if Lender acquires the Property under Section 24 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds In an-amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights ‘(other than the right to any refund of uneamed Premiums paid by Borrower) underall insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender Use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whetheror not theri due. 6. : Occupancy. Borrower shall , establish, and Use the Property as Borrower's principal residence within 0 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that this requirement shall cause undue hardship for the Borrower, or unless éxtenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shail not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste ori the Property. Borrower shail maintain the Prop- erty in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursizant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.’ ¥f insurance or condenination proceeds are paid in Cofinection with damage to the Property, Borrower shail be responsible for-repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a'series of progress paynients as the work is completed. If the ‘insurarice or condemnation proceeds ate hot sufficient to repair or restore the Properly, Borroweris not relieved of Borrower's obligation for the Completion of such repair of restoration. {f condemnation proceeds are paid in connection with the taking of the property, Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts, and then to payment of principal. ‘Any application of the proceeds to the principal shall not extend or postpone the dUe date of the monthly payments or change the amount of such payments. Lender or its agent may make reasonable entries upon and inspections of the Property. If t has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or priorto such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in defauilt if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misteading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not imed to, representations concerning Borrower's oceuipancyof the Property as Borrower's principal residence. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements. contained in'this Security Inistrument, (b) there is a Jegal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as'a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument orto enforce taws or regulations), or (c) Borrower has abaindoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect.Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not Ienged to: @@) paying any sums secured by a lien which has priority ALLINOTS- Single Family - Fannie Maa/Freddie Mac UNIFORM INSTRUMENT Form 3014 4101 ® Modified for FHA 9/2014 (HUD Handbook 4000.1) Page 6 of 12 a Ettie Mae, inc. 2132620030 Page: 8 of 17 LOAN +: over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position 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 building of other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does hot have to do so and is not under any duty or obligation to do so. Itis agreedthat Lender incurs noIlabilityfor not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section.9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest al thé Note rate from thé date of disbursement and shall be pay- able, with such interest, upon notice from Lender to’ Borrower requesting payment. ifthis Security Instrument is ona leasehold, Botrower SHall comply with ail the provisions of the lease. Borrower shall not surrerider the leasehold estate and interests herein ‘conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter'or amend the ground lease. If Borrower acquires fee titleto the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds 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 rightto hold such Miscellaneous Proceeds until Lender has had en 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 pey for the repairs and restoration in 6 single disbursement or in a series of progress payments as the work is completed. Uniessan agreement is made in writing or Applicable Law requires interest to be paid on such Miscel- taneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paidfo Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. ‘Inthe event of a total taking, destruction, ‘or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the suis secured by this Secutity Instrument, whethér or not then due, with the excess, if any, paid to Borrower. “In'the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Prop- erty immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums Secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or lossin value. Any balance shall be paid to Borrower. {n the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is lass than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Misce}- taneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Ifthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next senténce) offers to make an award to settle a claim for , Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and ‘apply the Miscellaneous Proceeds eitherto Testoration,or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. “Oppos- ing Party” Means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a tight of action in regard to Miscellaneous Proceeds, Ss Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender’s judgment, could result in