Preview
Hearing Date: 8/12/2024 10:00 AM
Location: Court Room 2801
Judge: Robles, Edward N
FILED
6/11/2024 3:46 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH05495
Calendar, 59
28070483
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
Wells Fargo Bank, N.A.
PLAINTIFF
Vs. No
Halyna Kuznyetsov, as Independent Administrator of the
Estate of Radislav Kuznyetsov; Anya Stwiarsky; Leonid 749 W Streamwood Blvd Unit B,
Kuznyetsov a/k/a Leonid Kuzneytsov; Halyna Streamwood, IL 60107
Kuznyetsov; The Manors of Oak Knoll Condominium
Association; Unknown Heirs and Legatees of Radislav
Kuznyetsov; Unknown Owners and Nonrecord Claimants
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, WELLS FARGO BANK, N.A., by and through its attorneys, CODILIS &
ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows:
1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a
mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants":
Halyna Kuznyetsov, as Independent Administrator of the Estate of Radislav Kuznyetsov; Anya Stwiarsky; Leonid
Kuznyetsov a/k/a Leonid Kuzneytsov; Halyna Kuznyetsov; The Manors of Oak Knoll Condominium Association;
Unknown Heirs and Legatees of Radislav Kuznyetsov; Unknown Owners and Nonrecord Claimants
2. Attached as "EXHIBIT A" is a copy of the Mortgage. Attached as "EXHIBIT B" is a copy of the Note.
Attached as "EXHIBIT C" is a copy of the Loan Modification Agreement.
3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage.
(B) Date of the Mortgage: 1/31/2013
(C) Name of mortgagor(s):
Radislav Kuznyetsov executed the mortgage, however this individual is deceased and is not named as a
defendant in this lawsuit
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for American Fidelity
Mortgage Services Inc., a Corporation
(E) Date and Place of Recording or Registering:
3/11/2013
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 1307001030
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $108,007.00
(1) Both the legal description of the mortgaged real estate and the common address or other information
sufficient to identify it with reasonable certainty:
UNIT 5-8 IN THE MANORS OF OAK KNOLL CONDOMINIUM AS DELINEATED ON A SURVEY
OF THE FOLLOWING DESCRIBED REAL ESTATE A PART OF OAK KNOLL FARMS UNITS 8-A
AND 8-B BEING SUBDIVISIONS OF PART OF THE SOUTH 1/2 OF SECTION 22 AND OF PART OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE
9 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH SURVEY IS ATTACHED AS EXHIBIT "B"
TO THE DECLARATION OF CONDOMINIUM RECORDED SEPTEMBER 1, 1989 AS DOCUMENT
89411040 AS AMENDED FROM TIME TO TIME. TOGETHER WITH ITS UNDIVIDED
PERCENTAGE INTEREST IN THE COMMON ELEMENTS IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 749 W Streamwood Blvd Unit B, Streamwood, IL
60107
TAX PARCEL NUMBER: 06-22-303-036-1056
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest
and insurance for 12/01/2021, through the present; the principal balance due on the Note and the Mortgage is
$108,280.33, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan
modification agreement, and the current per diem is $14.09.
(K) Name of present owner(s) of said premises:
Anya Stwiarsky
Leonid Kuznyetsov a/k/a Leonid Kuzneytsov
Halyna Kuznyetsov
Unknown Heirs and Legatees of Radislav Kuznyetsov
(L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real
estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff,
and any additional lien of the plaintiff which is sought to be terminated:
Halyna Kuznyetsov, as the Administrator, Administratrix, Executor or Executrix of the Estate of Radislav
Kuznyetsov, Deceased.
Anya Stwiarsky, by virtue of the fact that, upon information and belief, he/she is believed to be an Heir of
Radislav Kuznyetsov, deceased, and may have some interest in the subject real estate; the interest, if any, of
Anya Stwiarsky is subordinate and inferior to the interest of the Plaintiff herein.
Leonid Kuznyetsov a/k/a Leonid Kuzneytsov, by virtue of the fact that, upon information and belief, he/she
is believed to be an Heir of Radislav Kuznyetsov, deceased, and may have some interest in the subject real
estate; the interest, if any, of Leonid Kuznyetsov a/k/a Leonid Kuzneytsov is subordinate and inferior to the
interest of the Plaintiff herein.
Halyna Kuznyetsov, by virtue of the fact that, upon information and belief, he/she is believed to be an Heir
of Radislav Kuznyetsov, deceased, and may have some interest in the subject real estate; the interest, if any,
of Halyna Kuznyetsov is subordinate and inferior to the interest of the Plaintiff herein.
The Manors of Oak Knoll Condominium Association, by virtue of a notice of Claim for Lien for unpaid
assessments filed against Radislav Kuznyetsov and the subject real estate, dated 05/19/2014, and recorded in
the office of the Recorder/Registrar of Deeds of Cook County, Illinois on 05/27/2014 as Document
#1414722031, in the sum of $1,114.70 plus costs and attorneys fees; the lien of this Defendant is
subordinate to the lien of the Plaintiff.
The Manors of Oak Knoll Condominium Association, by virtue of a notice of Claim for Lien for unpaid
assessments filed against Radislav Kuznyetsov and the subject real estate, dated 07/20/2017, and recorded in
the office of the Recorder/Registrar of Deeds of Cook County, Illinois on 08/14/2017 as Document
#1722606069, in the sum of $1,349.62 plus costs and attorneys fees; the lien of this Defendant is
subordinate to the lien of the Plaintiff.
The Manors of Oak Knoll Condominium Association, by virtue of a notice of Claim for Lien for unpaid
assessments filed against Radislav Kuznyetsov and the subject real estate, dated 09/05/2019, and recorded in
the office of the Recorder/Registrar of Deeds of Cook County, Illinois on 09/18/2019 as Document
#1926141016, in the sum of $2,548.78 plus costs and attorney's fees; the lien of this Defendant is
subordinate to the lien of the Plaintiff.
Unknown Heirs and Legatees of Radislav Kuznyetsov, by virtue of the fact that, upon information and
belief, Radislav Kuznyetsov is deceased. The name(s) of said unknown heirs and legatees is not known to
the Plaintiff;
(M) Names of defendants claimed to be personally liable for deficiency, if any:
None.
(N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15-
1208.
(O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor
or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise
submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure,
whichever is later, if sought:
The redemption period shall be determined pursuant to 735 ILCS 5/15-1603.
(P) Statement that the right of redemption has been waived by all owners of redemption: There has been no
executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded
from accepting such a waiver of redemption by the filing of this complaint.
(Q) Facts in support of request for attorneys' fees and of costs and expenses, if applicable: The subject
mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the
mortgage.
(R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a
receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief
after the filing of the instant foreclosure action by separate petition if such relief is sought.
(S) 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.
(T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation
of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof:
Halyna Kuznyetsov, as Independent Administrator of the Estate of Radislav Kuznyetsov; Anya Stwiarsky;
Leonid Kuznyetsov a/k/a Leonid Kuzneytsov; Halyna Kuznyetsov;
4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before
referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or
claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint
described, including but not limited to the following:
Unknown Owners and NonRecord Claimants, if any.
That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and
all such persons are therefore made party defendants to this action by the name and description of UNKNOWN
OWNERS and NONRECORD CLAIMANTS.
REQUEST FOR RELIEF
WHEREFORE, THE PLAINTIFF REQUESTS:
@ A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption period, if sought.
(iii) An order granting possession, if sought.
(iv) An order placing the mortgagee in possession or appointing a receiver, if sought.
(v) A judgment for attorneys' fees, costs and expenses, if sought.
(vi) For the appointment of a Selling Officer, if deemed appropriate by this court.
(vii) Such other and further relief as this court deems just.
Wells Fargo Bank, N.A.
BY: /s/ Matthew Naglewski
ARDC No. 6322722
CODILIS & ASSOCIATES, P.C.
One of its Attorneys
Codilis & Associates, P.C.
15W030 North Frontage Road, Suite 100
Burr Ridge, IL 60527
(630) 794-5300
pleadings@il.cslegal.com
Cook #21762
14-24-03405
NOTE: This law firm is a debt collector.
llinois Anti-Predatory
.ending Database
rogram
WAMRAL OND
Doc¥: 1407001030 Fae: $62 Co
Keren & Yartroagh AHSP Fue:$12.30
Certificate of Compliance Geok Ccunly Racoide ot Jewcy
Dare: OQ’ 2913 15.58 Ata Og plz
uu PERSONAL INFORMATION HAS BEEN REDACTED }
Report Mortgage Fraud
800-632-8735
The property identified as: PIN: 06-22-303-036-1056
Address:
Street: 749 W STREAMWOOD BLVD
Street line 2: UNIT B
City: STREAMWOOD State: IL ZIP Code: 80107
Lander, Amedcan Fidelity Mortgage Sarvicas, Inc.
Borrower: Radislay Kuznyetsoy
Loan / Mortgage Amount: $108,007.00
Purevent to 785 ILCS 77/70 et seq, this Certificate auihorizes the County Recorder
of Deeds to record a residential
mortgage secured by this property and, if applicable, a simultaneously dated HELOC.
Atlomreys” Tints
VS. Wacker Dr, 2 Fund, Inc.
STE 4.
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Chicage, IL 6060
6-4650
Arts ~ veh Depar
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P
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ao Execution dete: 01/31/2013
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AMERICAN FIDELITY MORTGAGE SERVICES IMC.
ATTA: PIRAL DOCUMEBT DEPARTMERT
4200 COMMERCE COURT #200
LISLE, TL 60532
This instrument vas prepared by:
BARAT FITZPATRICK
AMERICAM FIDELITY MORTGAGE GERVICES, IBC.
#200 COMMERCE COURT SUITE 20¢
LISLE, IL 60532
Title Order Mo.
Escrow Wo. 1
1LOAK FT _—-.
State of 1nols MORTGAGE |
rare: 1UY3990-1080072441-3
THIS MORTGAGE (“Security Inatrument’} is given on TAWUARY 31, 2013. The Martgagor 2
Radislay Kutoystsoy aftrte-tetiplemcuseeteem, @ married nan
fe
"MERG* is Mortgage Blectronk: Registration Systems, Inc. MERS is @ separate corporation that |s acul
(Borrower),
INQ solelyas a
homunes tov Lender and Lander's svocessors and assigns, MERS [a the mortgages urdior thie Sec urity Inetrumant.
FHA Illinois torge - 4/90 Initiale:
Onine Documents, Inc. Page
2 of 7 ILEPEADE ILEFHALD 21g
i
ISCFOMNIBC Page 3 af 13
MERS i# organized and easting under the 4aws of Delaware.
and bas an address and telephone nuaterd PU BOX 2U20,
Fheit, Mi 48501-2026, tet. (686) 679-MERS. AMERICAN FIDELITY MORTGAGE SERVICES Iac., &
CORPORATION
{*Landar’) Is organized and
existing Under the lews of ILLINOIS
and has an addreas of 4200 COMMERCE COUNT #200, LISLE, IL 60532-0922.
Borrower owes Lander the pncipal sum of +*«*r+reentONe KUMDRED EIGHT THOUSAND GKVEN AMD WO/100
APA Peta Stee eer eeNe beet dasa er ten EAL anandsaey Preer ** Dollars (U.S. $106,007.00 ),
This debtis evidenced by Borrower's note dated the same date as this Security Instrument {Note}, which provides
tor
monihly payments, with the full debt, if no1 paid earller, dua and payable on FEBRUARY 1, 2043.
This Security Instrurnent secures to Lender (a} the repayment of the debt evidenced oy the Note, with interest,
anc all
renewals, extensions and modifications of the Note: (6) the payment of all other surrs, with interest, advanced
undar
Paragraph 7 1o protect the security of this Security Instrument; and (¢} the performance of Sorrawer's covenants
and
Bgreements under this Secunty Instument and the Note. For this purpose, Bomower does hereby merigage, grant anc
convey
to MERS [solely as noeninee for Lander and Lender's successors anid assi igs) and
te the successory and aasigris
ct MERS, the following described property located in Cook Caunty, tilinais:
SRE ATTACHED EXBIBIT A ATTACHED HERETO AND MACE A PART OF
BPW $1 06-22-303-036-1056
which has the address of 749 # Streamvoed Blvd unit B, Streamwood
‘Saree, Cty],
Minois 6010T Property Address”);
‘Zip Coda
TOGETHEWITH R all na improvaments new orhereatter erected on the: property, and all@asemants, appurtenances
and fixiures now or heree‘ter a part of the property. All replacamants and additions shall also be covered by this
Swcunty Instrument All of the foregoing is retarred to In this Security Instrument as tha "Property." Borrower
understands and agrees that MEAS holds only tegal Ile to the inierests granved by Borrower In this Seourity
Inetrument, buj, If nec ty to comply with Inw or custom, MERS {as nominees for Lande end Lender's guccessonm
and assigns} has the night: to exercise anyor all af hose interests, Including, bul not limmad Io, the rightte foreclose
and sell the Property; and tp take any acilon required of Lender uxciudin: 4, but not limited to, ralaasing and canceling
this Security Instrumant
BORROWER COVENANTS that Borrower is lawfully seized of the eatete 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 dafend generally the title to the Property agalnet all claims and demands, subject to any
encumbrances of record,
THIS SECURITY INSTRUMENT combines uniform covenants for national usa end non-uniform covenant with
limited variations by jurisdiction to constitute a uniform secunty inatrument covering real property.
FHA INinots Mortgage
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a
oF OOTIIC Page 4 af 13
ATTORNEYS’ TITLE GUARANTY FUND. INC.
LEGAL DESCRIPTION
Legal Description:
UNIT 5-3 IX THE MANORS OF GAK KNOLL CONDOMINIUM AS DELINEATED ON A SURVEY OF ‘THE FOLLOWING
DESCRIBED REA]. TSTATE- 4 PART OF OAK KNOLL FARMS UNITS 8-4 AND 8-B BEING SUBDIVISIONS OF PART OF
THE SOUTH 1:2 OF SECTION 22 AND OF PART OF THE NORTHEAST 1/4 OF THE SOLTH WEST 14 OF SECTION 22,
TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH SURVEY [5 ATTACHED AS
EXHIBIT "B" TO TEE BECLARATION OF CONDOMTNILM RECORDED SEPTEMBER J, 1989 AS DOCUMENT 894] 1040
AS AMENDED FROM TIME TO TIME. TOGETHER W/TH [TS UNDIVIDED PERCENTAGE INTERESTIN THE COMMON
ELEMENTS IN COOK COUNTY. [LLINOIS.
Permanent Index Number:
Property 1D: 06-22-3413-036-Lus6
Property Address:
749 W. Soeamwdod Blvd, Voll 8
Streamwood. 1L 60107
a+ eee TSCTOOIIE Page 5 af 13
Borrower and Lander covenant and agree as follows:
UNIFORM COVENANTS.
-
1D 1, Payment of Principat, Interest and Late Charge. Borowsr shall pay when dus the princapal of, end Interest
on, ths dabt evidenced by tha Note and (ate charges due under the Nats.
2, Monthly Payment of Taxes, Ineurance and Other Charges, Borrower shall Includein each monthly payment,
together with tha principal and mterest as set forth m Ihe Note and any late charges, @ aun fe (3) texas and special
atsesaments levied of to be levied against the Property, (b} ‘easehold payments or ground rents on the Property,
and
{C) preriumns for insurance required under paragraph 4. In any yearin which the Lender Mustpey & mortgage insurance
premium tothe Secratazyof Housing end Urban Development (Secretary"}, arin enyyeer nwhich auch premium would
have been réquirad Lander tll held she Security Instrumant,
aach m onthy payment shal also include
l either: (] assum
jor the annual mortgage Insurance premium to be pad by Lender to the Secretary, or [il] 6 monthly charge instead of
@ mortgage Insurance premium if this Security Inetrument is hei by the Secretary, In a reasonable amount to be
Setermined by Ihe Secretary. Except for the manthly charge by the Secrata’y, these ltorns are called ‘Escrow items"
and the sums paid to Lender are called “Escrow Funds.‘
Lancer may, atany bme, cotect and hold amounts for Escrow |tems inan aggregate amount notte axceed the maximum
amoun
thal may
l be required
for Borrower's escrow aecountunder the Real Estale Settlement Procedures Act of 1974, 12
US.C Section 2601 at seq. and Implementing regulations 24 CFR Part 1024, as they may ba enended from time to time
(RESPA), exceptthal the cushionot reserveparmitied by AES: PA forunentcipated disbursements or dabursements before
the Borrower's payments ane avadable in the account mayndtbebasa
an amounts
d duetorthe mortgage insurance premium.
lithe amounts held by Lander for Escrow Items exceed the amounts permittedto be held by FESPA, Lender shall
@ccount to Borrower for the excess funds as required by RESPA. If lhe amounts of funds hald by Lender at any timeis
Not sutficiant 16 pay she Escrow ltems when dua, Lender may notify the Borrower and sequire Borrowerto make
up the
shortage as permitted by RESPA.
The Escrow Funds ere plodged as additional security for all aums Secured by this Security Instrument. tf Borrower
landers to Lender ihe full payment of ak such sums, Gorvewer's account shali be credited with the balance remaining
for all installment dems fa), (b}, and (c) and any merigage insurance premaum itetallmant thal Lendet has not
become
obligated to pay to ihe Secratery, and Lender shall promptly refund any excess funds to Borrower. Immediately priar
the foreclosure sale of the Property or its acquisition by Lender, Borrower's account sal be crediied with any balance
remaining for all installments for Items fa], [b], anc {c}.
3, Application of Payments. All payments under paragraphs 1 and 2 shell be applied by Lender as ‘allows;
Firat, to Ube mortgage Insurance premium to be Paid by Lander to the Secta‘ary or to the monthly charge
by the
Secretary instead of the monthly morgage insurance pramium;
Second, to any taxes, apecial asagssmants, leasehold payments or ground rents, and fre, food and other hazerd
insurance premiums, as required;
Third. to Interest due under the Note:
Fou Ith, ta amortizakon of the principal of the Nose; and
Fifth, ta tate charges due under the Note
4 Fire, Pood and Other Hazard Insurance. Battow shell ar
insure allltnprovervents on the Property, whether roe
in eastence cr subsequently erected, agamat any hazards, casualties, and contingencies, Including fre, ar which
Lender requires insurance, This insurance shall be maintained In tha amoun and ts
for the Periods thal Lender requires.
Borrower shall also Insure all improvernents on the Property, whether now Ih existence or subsequently srected, against
jo3s by floods to tha extent required by the Secretary. Allinsurance shall be carried with companies approved by Lendar.
The insurance policies and any renewals stall ba held oy Lender and shall inclideloas payable Causes In favor af, and
in & form acceptable to, Lender.
Inthe eventofloss, Borrower shall give Lender immediate nouce by malt Lender may make praofof loss if not made
promptly by Borrawer. Eachinsurance company concemed|s hereby authorized and directed to make paymenttorauch
loss directly 19 Landes, insiaad of ta Borrower and 1¢ Lender Jointiy. Alor any part of the insurance proceeds may be
spplied by Lender, at Its option, slther (a} to ine reduction of the indebtedness under the Note and this Security
Instrument, firstto any delinquent amounts appied in the order in paragraph 3, and then to Prepaymant of principal,
Dr [b] to the restoration oF repalr of the damaged Property. Any applicallon of the Proceeds to tha principal shall not
axtend or postpon the edue date of the monthly payments which are referred to in paragraph 2, or change
the amount
Of such payments. Any excess Insurance proceeds over an amount required to pay all oubstanding Indebtedness
under
the Note ang this Securty instrument shafl be paid to the ertity Iegelly entitled thoraty,
FHA lHinols Morigage - «78 roitiale: RK
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LORR
In the even of foreciosure
t of this Security Inatrummnt of other transfer of tille to the Property that exonguisnes tha
indébtedreas, ell right, tite nd interaaiof Borrower in and to insurance pollcles in force snall pase to the purchaser
5. Occupancy, Preservation, Malntonance and Protection af the Pro) perty; Borrower's Loan Application:
7
Leaseholde Borrower
shall occupy, astabish, and use the Propertyas Borrower's principal residence within sixty days
after the axecuilon of this Security Instrument {or within gi bay days of a later sale or transter of the Froparty)
and shall
‘Dontinue to Occupy the Property as Borrower's principal residence ‘or at leas! one year sftar
the dale of cccupancy,
unlass Lander determines that requirement yl causa undue hardship for Borrower, or unless @ xteraaating circumstances
kisi which are beyond Borrower"s contol, Borrower shall notity Lender of any extenuating
clroumsiances. Borrower
shell not commit waste or caulrmy, damage or substantially change the Property or allow Ihe Property
to deleriorata,
feasonable wear and twarexcapted. Lender may Inapect the Propert If y
the Property is vaca or abandoned
nt or the loen
is in defaull. Lender may take reasonable action 1o protec and preserve such vacant orabandoned Property. Borrower
shall aso be in defa if Borrower,
ul during the loan application process, gave materlally false or inaccurala Information
oF statementsto Lender jor fated 10 provide Lender with any material information) In connection with thalosn
evidenced
by ihe Not including, but not limited 10, representations concemnyg Borower' 3 OtCupancy of the Proparty as «
Puincipal residence. ihe Security Instrument & on aleasehotd, Borrtwer shall comply with the provisions of the feane.
Ht Borrower acquires fee title to the Sroperty, the lseseh
and old
fee tile shall natba merged unless Lendar agreas to thy
merger in writing.
&. Candemmation. The proceeds of any awarg or claim tor danages, ¢recl or consequential, in connecti
on
with
any condemnation or othar taking of any part
of the Property, ot lor conveyance1h place of condemnation, are hereby
@6signed and shall be paid to Lender te the extent of the hull amount Of the ndatedness that remains unpadunder the
Note and ths Secusty instrument Lender shall apply such proceeds tothe ¢aduction of the indebladness
underthe Note
and this Sacurity Insirament. 4-sito any deanquent amounts applied in the order provided In Paragraph
3, and then to
Prepayment ot principal. Any application of the proceeds to the Principe! shall not exlend of
postponthe
e due dateof
the menihly payments, which are referred te in paregraph 2, or change the amount of such
payments. Any axcess
procaeds over an amount required t pay alloutsianding Indebledness under the Nets and this. Security
Instumenishal
be paid to the entity legally eniltied thereto.
7. Chargesto Borrower and Proteclion of Lenders Righlain the Property. Borrowar shalt pay alt governmental
or municipal chesgea, nes and mpcsitions tha) arg notincludad in paragraph 2. Serrowes shall pay
these cdilgations
on ume directly to the entity whach Is owed the payment Ii fulure to pay would athversely affect Lendar’s Interest
In the
Property, upon Lender's requas1 Borrower shall promptly furnish to Lender receipts evidencing these payments.
1 Borrower falls 10 make thesa payments or the paymenta fr equiured by paragraph 2, or falls
to perform any other
covenants and agreements contained In thea Security Instrument, of thereis @ legal proceeding that may significantly
affect Lander's rights in the Proparty (such a8 proceeding an bankruptcy, for Sondemnation or to enforce laws or
regulations}, then Lander may do and pay whalaver is neres: saryip prolectthe value of the Property andLender's
dghta
in the Property, Including payment of laxes, hazard inaul rence and other hems mantionad In paregraph
2.
Any amounts disbursed by Landes under this paragraph shall become an additonal debt of Borrower and
ba
secured by this Security Instrument Thess amounts shall bearinterest from the date of disbursement, af tha Nats rele,
and at the option of Landar, shall be immedlatety due and payable.
Borrower shall promptty dcharge any lian which has Priority over this Security Instrument unless Borrower:
(a)
agrees In writing 1o the payment of the obligation secured by the ben kt a manner acceptable to Lender; [b) contests
In. good faith the lien by, of defends againat enforcamentof the lien In, lega? procesalnge which In the Lender's opinion
Oporale io prevent the enforcement af the lien; oF (c) secures from the haider of toe llen an agreement sntistactory
to
Lendar aubordinating the tan Io this Secusity Instrument. It Lender detarminas that an y Part of the Property ik subject
ta allen which may atta pricsity over thi Security Instrument, Leader may give Borrower a notice identifying the les,
Borrower shall satisfy the llen or Inka one oF more of the actlons sat borth above within 10 days of the giving of nollca.
6. Fees. Lender may collect feas and charges authorized by the S ecrotary.
9. Grounde for Accatoration of Deb
(e) Default. Lander may, except as imited by regulatone isued by the Sacratary, in the case of payment
defaults, require immediate paymentin full of all sums secured by this Security Instrument I:
1} Borrower defaults by failing to pay In tul any monthly peymorrt required by this Securtty Instrument
prior
toor on the due date of the next monthly payment, or
{1} Borrower defaults by tall for ing,
a period of thi ty days, to perform any other obbgations sentainedin this
Security Insiument
FHA iBinole Mortgage - 435 Initiale;
Oniing Documents, Ine. Page 4 aT
Clr F/TgK
ILEFHALD 12.2
ISCFOMNIBE Page 7 af 13
fb) Bale WitCredht
hou Approval.
uiaxl
t Lander shall, if permitted by appicable law [Inchiding Sectunasiyg) orine
Gam-St. Germain Cepository Inalitutions Ac] of 1982, 12 3.6, 1701j-3{d)] and with the ptioe
approval of the
Secretary, tequare immediate paymant in full ofall sums secured by this Security Instrument if:
9} All or part of the Property, ora Deneficial Interest in a treat Owning all of part of the Property,
Js sold or
cothenvise transfered (other than by devise or descent), and
fil] The Proparty is not occupied by tha purchaser or Grantee as his or her principal residanca, or the
purchaser orgranige does $0 occupy
the Property but his orhercredithas nol been Spproved in accomdance
‘sith the requirements of lhe Secretary.
[c) Neo Waiver, if circumstances cour that would Permit Lender to require Immediaig payment
in full, but
Onder does not require Such payments, Lender does not walve ity rights with respect to subsequent events.
[d} Ragulstions of HUD Gecretary. in many crcumstances requiations issued by the Secretary
will limi
' Lendér’s rights, in the case of payment defaults.to requre immediate Payrmant In full and foreciogeif not pald.
Thes Security Instrument dows not authorize acceleration or toreclosure if not Parmittad by regulabons
of te
Secretary.
(@) Mont 9° Not Ineutad. Borrower agrees that if this Security Instrumentand the Note are not delarmined
to be eligitte for insurance under the National Housing Act within 80 days from the date hereof, Lencer
may,
a1 its option, réquiry rnmediate payment in full of all sums secured by this Security Instrument. A written
stalemant of any authorized agent of he Secretary dated subsequentto 60 days from lhe dala hereol, deciining
jo naure this Security Enetrument and the Note, shall be desmed conclusive Poo! of such mefigibiily.
Natedchstending the foregaing, this option nay not be exercised by Lender when the unavailab
aty of ingurance
is solely due to Lender's failure to remit a mortgage insurance premiums to the Secretary.
19, Relnstaternant Borrower has 8 rightto oe reinstated if Lender hes Pequired Immadieie paymentin fullbecause
of Gorower's failure to pay an amount due under the Nole or this Securi ity Instrument. Thts ight 2oplies oven aftar
loracioaure oreceedings ara inatitutad To reinstate the Securlty Instrum: ent, Borrower shall tender In a lutnp sum all
amounts required to bring Borrower's account current includmg, to the extent they afe obllgailons of
Borrower under
this Security Instrument, foreclosure costs and reasonebls and customary atomeys' fees and @xpenses properly
associated with the foreoosure proceeding Upon relnstatement by Borrower, this Security tnstrument aad
the
obligations thatit secures shat remainin eftectae f Lender had natrequired immediate Paymentin full, However,
Lender
is not requited lo permit reinstatementif: (i) Lender has accepted reinstalement after the commencemant of forectosure
Proceedings within two years Immediately praceding tha commencement of a current forecloaure Proceeding,
a}
telnstatemen
wil proclude
t foreclosure on different Grounds in the fulure, or {iil} reinstatement
will adversely alact the
hrievtty of the lian created by lhis Securty Inalrumant.
11, Borrower Mot Ralassed; Forbearance By Lender Not a Walver. Exansion of the uma of payment or
modificalion of amortization of th ums secured by ths Sacurty Insiment granted by Lender ta any succeasor In
inter
of est
Barrower shad not operate ia release the liability of the original Bartoweror Borrower's successor
in interest.
Lander shall not be required 10 commence proceadmgs agains! any succesaorin interest or retusa to
exteod time for
Payment or otherwise mocrty amortization of the sums secured by this Secunty Instrument by
reeson of any demerd
made by the originat Borrowsrar Borrower's successors in Interes!. Any forbeerance ‘ay Lande’
in Bxerciging any right
‘or remedy shall not be a waiver of oy preciude the exercise of any right or remedy.
12. Successora and Asalgna Bound; Joint and Savaral Liability; Co-Signera. The covenants and
agreements
of this Security Instrument shall bind and benefit the successors and ausigns of Lender and Borrower,
subjectto the
provisions of paragraph 9(b}. Borrower's covenants and agreements shall be soint and several. Any
Borrower who
co-signs this Security Instrument bul does nol execute the Note: {a} fe co-signing this Secudty Inairnament only to
mortgage, grant and convey thet Borrower's Interest In the Property under the tema of his
Security Insinanent; (6) is
Not persorsty obligated to pay the sums secured by this Security Instrument; and (¢) agrees thal Lender and any other
Borrower may agreeto extend, modify, forbear or make any accommodations with regard to the Lerma of this Security
(nstrumant or the Note without that Borrower's cangent.
13, Notices. Any nates to Borrower provided for In this Security Instrurnent shall ba given by dallvering it or
by
malling It by fret class mad unieks applicabliaw e requites use of another mathod. The notice shall be directed to tha
Property Address or any olher address. Berewer designates by notice to Lender. Any notice to hander shall be diva
by first class mal to Lender's adiciress slated harain or any aderasa Lander designates by nottete Borrower, Any notica
Provided fer in tira Security Instrument shall be desmed to have bean given ta Borrower or Lender when given as
Provided in this paragraph,
FHA Iliinoke Mongaga - are Initials:
Orta Document, ing Pago
5 of 7
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LEFHALD 1212
oF ONTIIC Page § af 13 --
14, Governing Law; Severabilty. Fhis Security Instrument shall be governed by Federal law
ang ine iew of ine
|
titdiction in which the Property is loceted. Jn the event thel any provision or clause of this Secunty
Instrument ar the
Note conticta with applicable law, auch conflict shall not atfect other Provisions of this Security Instrum
ent ar the Note
1B which can be green effect without the confictin: 9 pravis-an, To thls end the provisions of this Security
insirument and
the Note are daciated to ba severable.
16, Borrower's Copy. Borrower sitall ba given one contonned copy of the Nate and of this Secunty
instrument
18. Hazardous Substances. Borrower shall not cause or pemna
Preview
Hearing Date: 8/12/2024 10:00 AM Location: Court Room 2801 Judge: Robles, Edward N FILED 6/11/2024 3:46 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH05495 Calendar, 59 28070483 Cook County #21762 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION Wells Fargo Bank, N.A. PLAINTIFF Vs. No Halyna Kuznyetsov, as Independent Administrator of the Estate of Radislav Kuznyetsov; Anya Stwiarsky; Leonid 749 W Streamwood Blvd Unit B, Kuznyetsov a/k/a Leonid Kuzneytsov; Halyna Streamwood, IL 60107 Kuznyetsov; The Manors of Oak Knoll Condominium Association; Unknown Heirs and Legatees of Radislav Kuznyetsov; Unknown Owners and Nonrecord Claimants DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, WELLS FARGO BANK, N.A., by and through its attorneys, CODILIS & ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows: 1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants": Halyna Kuznyetsov, as Independent Administrator of the Estate of Radislav Kuznyetsov; Anya Stwiarsky; Leonid Kuznyetsov a/k/a Leonid Kuzneytsov; Halyna Kuznyetsov; The Manors of Oak Knoll Condominium Association; Unknown Heirs and Legatees of Radislav Kuznyetsov; Unknown Owners and Nonrecord Claimants 2. Attached as "EXHIBIT A" is a copy of the Mortgage. Attached as "EXHIBIT B" is a copy of the Note. Attached as "EXHIBIT C" is a copy of the Loan Modification Agreement. 3. Information concerning said Mortgage: (A) Nature of the instrument: Mortgage. (B) Date of the Mortgage: 1/31/2013 (C) Name of mortgagor(s): Radislav Kuznyetsov executed the mortgage, however this individual is deceased and is not named as a defendant in this lawsuit (D) Name of the original mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for American Fidelity Mortgage Services Inc., a Corporation (E) Date and Place of Recording or Registering: 3/11/2013 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 1307001030 (G) Interest subject to the mortgage: Fee Simple. (H) Amount of original indebtedness: (1) Original Indebtedness: $108,007.00 (1) Both the legal description of the mortgaged real estate and the common address or other information sufficient to identify it with reasonable certainty: UNIT 5-8 IN THE MANORS OF OAK KNOLL CONDOMINIUM AS DELINEATED ON A SURVEY OF THE FOLLOWING DESCRIBED REAL ESTATE A PART OF OAK KNOLL FARMS UNITS 8-A AND 8-B BEING SUBDIVISIONS OF PART OF THE SOUTH 1/2 OF SECTION 22 AND OF PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH SURVEY IS ATTACHED AS EXHIBIT "B" TO THE DECLARATION OF CONDOMINIUM RECORDED SEPTEMBER 1, 1989 AS DOCUMENT 89411040 AS AMENDED FROM TIME TO TIME. TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 749 W Streamwood Blvd Unit B, Streamwood, IL 60107 TAX PARCEL NUMBER: 06-22-303-036-1056 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest and insurance for 12/01/2021, through the present; the principal balance due on the Note and the Mortgage is $108,280.33, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan modification agreement, and the current per diem is $14.09. (K) Name of present owner(s) of said premises: Anya Stwiarsky Leonid Kuznyetsov a/k/a Leonid Kuzneytsov Halyna Kuznyetsov Unknown Heirs and Legatees of Radislav Kuznyetsov (L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff, and any additional lien of the plaintiff which is sought to be terminated: Halyna Kuznyetsov, as the Administrator, Administratrix, Executor or Executrix of the Estate of Radislav Kuznyetsov, Deceased. Anya Stwiarsky, by virtue of the fact that, upon information and belief, he/she is believed to be an Heir of Radislav Kuznyetsov, deceased, and may have some interest in the subject real estate; the interest, if any, of Anya Stwiarsky is subordinate and inferior to the interest of the Plaintiff herein. Leonid Kuznyetsov a/k/a Leonid Kuzneytsov, by virtue of the fact that, upon information and belief, he/she is believed to be an Heir of Radislav Kuznyetsov, deceased, and may have some interest in the subject real estate; the interest, if any, of Leonid Kuznyetsov a/k/a Leonid Kuzneytsov is subordinate and inferior to the interest of the Plaintiff herein. Halyna Kuznyetsov, by virtue of the fact that, upon information and belief, he/she is believed to be an Heir of Radislav Kuznyetsov, deceased, and may have some interest in the subject real estate; the interest, if any, of Halyna Kuznyetsov is subordinate and inferior to the interest of the Plaintiff herein. The Manors of Oak Knoll Condominium Association, by virtue of a notice of Claim for Lien for unpaid assessments filed against Radislav Kuznyetsov and the subject real estate, dated 05/19/2014, and recorded in the office of the Recorder/Registrar of Deeds of Cook County, Illinois on 05/27/2014 as Document #1414722031, in the sum of $1,114.70 plus costs and attorneys fees; the lien of this Defendant is subordinate to the lien of the Plaintiff. The Manors of Oak Knoll Condominium Association, by virtue of a notice of Claim for Lien for unpaid assessments filed against Radislav Kuznyetsov and the subject real estate, dated 07/20/2017, and recorded in the office of the Recorder/Registrar of Deeds of Cook County, Illinois on 08/14/2017 as Document #1722606069, in the sum of $1,349.62 plus costs and attorneys fees; the lien of this Defendant is subordinate to the lien of the Plaintiff. The Manors of Oak Knoll Condominium Association, by virtue of a notice of Claim for Lien for unpaid assessments filed against Radislav Kuznyetsov and the subject real estate, dated 09/05/2019, and recorded in the office of the Recorder/Registrar of Deeds of Cook County, Illinois on 09/18/2019 as Document #1926141016, in the sum of $2,548.78 plus costs and attorney's fees; the lien of this Defendant is subordinate to the lien of the Plaintiff. Unknown Heirs and Legatees of Radislav Kuznyetsov, by virtue of the fact that, upon information and belief, Radislav Kuznyetsov is deceased. The name(s) of said unknown heirs and legatees is not known to the Plaintiff; (M) Names of defendants claimed to be personally liable for deficiency, if any: None. (N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15- 1208. (O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure, whichever is later, if sought: The redemption period shall be determined pursuant to 735 ILCS 5/15-1603. (P) Statement that the right of redemption has been waived by all owners of redemption: There has been no executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded from accepting such a waiver of redemption by the filing of this complaint. (Q) Facts in support of request for attorneys' fees and of costs and expenses, if applicable: The subject mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the mortgage. (R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief after the filing of the instant foreclosure action by separate petition if such relief is sought. (S) 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. (T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof: Halyna Kuznyetsov, as Independent Administrator of the Estate of Radislav Kuznyetsov; Anya Stwiarsky; Leonid Kuznyetsov a/k/a Leonid Kuzneytsov; Halyna Kuznyetsov; 4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, including but not limited to the following: Unknown Owners and NonRecord Claimants, if any. That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS and NONRECORD CLAIMANTS. REQUEST FOR RELIEF WHEREFORE, THE PLAINTIFF REQUESTS: @ A judgment of foreclosure and sale. (ii) An order granting a shortened redemption period, if sought. (iii) An order granting possession, if sought. (iv) An order placing the mortgagee in possession or appointing a receiver, if sought. (v) A judgment for attorneys' fees, costs and expenses, if sought. (vi) For the appointment of a Selling Officer, if deemed appropriate by this court. (vii) Such other and further relief as this court deems just. Wells Fargo Bank, N.A. BY: /s/ Matthew Naglewski ARDC No. 6322722 CODILIS & ASSOCIATES, P.C. One of its Attorneys Codilis & Associates, P.C. 15W030 North Frontage Road, Suite 100 Burr Ridge, IL 60527 (630) 794-5300 pleadings@il.cslegal.com Cook #21762 14-24-03405 NOTE: This law firm is a debt collector. llinois Anti-Predatory .ending Database rogram WAMRAL OND Doc¥: 1407001030 Fae: $62 Co Keren & Yartroagh AHSP Fue:$12.30 Certificate of Compliance Geok Ccunly Racoide ot Jewcy Dare: OQ’ 2913 15.58 Ata Og plz uu PERSONAL INFORMATION HAS BEEN REDACTED } Report Mortgage Fraud 800-632-8735 The property identified as: PIN: 06-22-303-036-1056 Address: Street: 749 W STREAMWOOD BLVD Street line 2: UNIT B City: STREAMWOOD State: IL ZIP Code: 80107 Lander, Amedcan Fidelity Mortgage Sarvicas, Inc. Borrower: Radislay Kuznyetsoy Loan / Mortgage Amount: $108,007.00 Purevent to 785 ILCS 77/70 et seq, this Certificate auihorizes the County Recorder of Deeds to record a residential mortgage secured by this property and, if applicable, a simultaneously dated HELOC. Atlomreys” Tints VS. Wacker Dr, 2 Fund, Inc. STE 4. « 01) Chicage, IL 6060 6-4650 Arts ~ veh Depar ment s fe P s sc ao Execution dete: 01/31/2013 I W3cF baWSe Page 2 of 13 AMERICAN FIDELITY MORTGAGE SERVICES IMC. ATTA: PIRAL DOCUMEBT DEPARTMERT 4200 COMMERCE COURT #200 LISLE, TL 60532 This instrument vas prepared by: BARAT FITZPATRICK AMERICAM FIDELITY MORTGAGE GERVICES, IBC. #200 COMMERCE COURT SUITE 20¢ LISLE, IL 60532 Title Order Mo. Escrow Wo. 1 1LOAK FT _—-. State of 1nols MORTGAGE | rare: 1UY3990-1080072441-3 THIS MORTGAGE (“Security Inatrument’} is given on TAWUARY 31, 2013. The Martgagor 2 Radislay Kutoystsoy aftrte-tetiplemcuseeteem, @ married nan fe "MERG* is Mortgage Blectronk: Registration Systems, Inc. MERS is @ separate corporation that |s acul (Borrower), INQ solelyas a homunes tov Lender and Lander's svocessors and assigns, MERS [a the mortgages urdior thie Sec urity Inetrumant. FHA Illinois torge - 4/90 Initiale: Onine Documents, Inc. Page 2 of 7 ILEPEADE ILEFHALD 21g i ISCFOMNIBC Page 3 af 13 MERS i# organized and easting under the 4aws of Delaware. and bas an address and telephone nuaterd PU BOX 2U20, Fheit, Mi 48501-2026, tet. (686) 679-MERS. AMERICAN FIDELITY MORTGAGE SERVICES Iac., & CORPORATION {*Landar’) Is organized and existing Under the lews of ILLINOIS and has an addreas of 4200 COMMERCE COUNT #200, LISLE, IL 60532-0922. Borrower owes Lander the pncipal sum of +*«*r+reentONe KUMDRED EIGHT THOUSAND GKVEN AMD WO/100 APA Peta Stee eer eeNe beet dasa er ten EAL anandsaey Preer ** Dollars (U.S. $106,007.00 ), This debtis evidenced by Borrower's note dated the same date as this Security Instrument {Note}, which provides tor monihly payments, with the full debt, if no1 paid earller, dua and payable on FEBRUARY 1, 2043. This Security Instrurnent secures to Lender (a} the repayment of the debt evidenced oy the Note, with interest, anc all renewals, extensions and modifications of the Note: (6) the payment of all other surrs, with interest, advanced undar Paragraph 7 1o protect the security of this Security Instrument; and (¢} the performance of Sorrawer's covenants and Bgreements under this Secunty Instument and the Note. For this purpose, Bomower does hereby merigage, grant anc convey to MERS [solely as noeninee for Lander and Lender's successors anid assi igs) and te the successory and aasigris ct MERS, the following described property located in Cook Caunty, tilinais: SRE ATTACHED EXBIBIT A ATTACHED HERETO AND MACE A PART OF BPW $1 06-22-303-036-1056 which has the address of 749 # Streamvoed Blvd unit B, Streamwood ‘Saree, Cty], Minois 6010T Property Address”); ‘Zip Coda TOGETHEWITH R all na improvaments new orhereatter erected on the: property, and all@asemants, appurtenances and fixiures now or heree‘ter a part of the property. All replacamants and additions shall also be covered by this Swcunty Instrument All of the foregoing is retarred to In this Security Instrument as tha "Property." Borrower understands and agrees that MEAS holds only tegal Ile to the inierests granved by Borrower In this Seourity Inetrument, buj, If nec ty to comply with Inw or custom, MERS {as nominees for Lande end Lender's guccessonm and assigns} has the night: to exercise anyor all af hose interests, Including, bul not limmad Io, the rightte foreclose and sell the Property; and tp take any acilon required of Lender uxciudin: 4, but not limited to, ralaasing and canceling this Security Instrumant BORROWER COVENANTS that Borrower is lawfully seized of the eatete 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 dafend generally the title to the Property agalnet all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national usa end non-uniform covenant with limited variations by jurisdiction to constitute a uniform secunty inatrument covering real property. FHA INinots Mortgage - 4a Initiale; Onine Decuments Ine. Page 2 87 ILEFHALD 1212 a oF OOTIIC Page 4 af 13 ATTORNEYS’ TITLE GUARANTY FUND. INC. LEGAL DESCRIPTION Legal Description: UNIT 5-3 IX THE MANORS OF GAK KNOLL CONDOMINIUM AS DELINEATED ON A SURVEY OF ‘THE FOLLOWING DESCRIBED REA]. TSTATE- 4 PART OF OAK KNOLL FARMS UNITS 8-4 AND 8-B BEING SUBDIVISIONS OF PART OF THE SOUTH 1:2 OF SECTION 22 AND OF PART OF THE NORTHEAST 1/4 OF THE SOLTH WEST 14 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH SURVEY [5 ATTACHED AS EXHIBIT "B" TO TEE BECLARATION OF CONDOMTNILM RECORDED SEPTEMBER J, 1989 AS DOCUMENT 894] 1040 AS AMENDED FROM TIME TO TIME. TOGETHER W/TH [TS UNDIVIDED PERCENTAGE INTERESTIN THE COMMON ELEMENTS IN COOK COUNTY. [LLINOIS. Permanent Index Number: Property 1D: 06-22-3413-036-Lus6 Property Address: 749 W. Soeamwdod Blvd, Voll 8 Streamwood. 1L 60107 a+ eee TSCTOOIIE Page 5 af 13 Borrower and Lander covenant and agree as follows: UNIFORM COVENANTS. - 1D 1, Payment of Principat, Interest and Late Charge. Borowsr shall pay when dus the princapal of, end Interest on, ths dabt evidenced by tha Note and (ate charges due under the Nats. 2, Monthly Payment of Taxes, Ineurance and Other Charges, Borrower shall Includein each monthly payment, together with tha principal and mterest as set forth m Ihe Note and any late charges, @ aun fe (3) texas and special atsesaments levied of to be levied against the Property, (b} ‘easehold payments or ground rents on the Property, and {C) preriumns for insurance required under paragraph 4. In any yearin which the Lender Mustpey & mortgage insurance premium tothe Secratazyof Housing end Urban Development (Secretary"}, arin enyyeer nwhich auch premium would have been réquirad Lander tll held she Security Instrumant, aach m onthy payment shal also include l either: (] assum jor the annual mortgage Insurance premium to be pad by Lender to the Secretary, or [il] 6 monthly charge instead of @ mortgage Insurance premium if this Security Inetrument is hei by the Secretary, In a reasonable amount to be Setermined by Ihe Secretary. Except for the manthly charge by the Secrata’y, these ltorns are called ‘Escrow items" and the sums paid to Lender are called “Escrow Funds.‘ Lancer may, atany bme, cotect and hold amounts for Escrow |tems inan aggregate amount notte axceed the maximum amoun thal may l be required for Borrower's escrow aecountunder the Real Estale Settlement Procedures Act of 1974, 12 US.C Section 2601 at seq. and Implementing regulations 24 CFR Part 1024, as they may ba enended from time to time (RESPA), exceptthal the cushionot reserveparmitied by AES: PA forunentcipated disbursements or dabursements before the Borrower's payments ane avadable in the account mayndtbebasa an amounts d duetorthe mortgage insurance premium. lithe amounts held by Lander for Escrow Items exceed the amounts permittedto be held by FESPA, Lender shall @ccount to Borrower for the excess funds as required by RESPA. If lhe amounts of funds hald by Lender at any timeis Not sutficiant 16 pay she Escrow ltems when dua, Lender may notify the Borrower and sequire Borrowerto make up the shortage as permitted by RESPA. The Escrow Funds ere plodged as additional security for all aums Secured by this Security Instrument. tf Borrower landers to Lender ihe full payment of ak such sums, Gorvewer's account shali be credited with the balance remaining for all installment dems fa), (b}, and (c) and any merigage insurance premaum itetallmant thal Lendet has not become obligated to pay to ihe Secratery, and Lender shall promptly refund any excess funds to Borrower. Immediately priar the foreclosure sale of the Property or its acquisition by Lender, Borrower's account sal be crediied with any balance remaining for all installments for Items fa], [b], anc {c}. 3, Application of Payments. All payments under paragraphs 1 and 2 shell be applied by Lender as ‘allows; Firat, to Ube mortgage Insurance premium to be Paid by Lander to the Secta‘ary or to the monthly charge by the Secretary instead of the monthly morgage insurance pramium; Second, to any taxes, apecial asagssmants, leasehold payments or ground rents, and fre, food and other hazerd insurance premiums, as required; Third. to Interest due under the Note: Fou Ith, ta amortizakon of the principal of the Nose; and Fifth, ta tate charges due under the Note 4 Fire, Pood and Other Hazard Insurance. Battow shell ar insure allltnprovervents on the Property, whether roe in eastence cr subsequently erected, agamat any hazards, casualties, and contingencies, Including fre, ar which Lender requires insurance, This insurance shall be maintained In tha amoun and ts for the Periods thal Lender requires. Borrower shall also Insure all improvernents on the Property, whether now Ih existence or subsequently srected, against jo3s by floods to tha extent required by the Secretary. Allinsurance shall be carried with companies approved by Lendar. The insurance policies and any renewals stall ba held oy Lender and shall inclideloas payable Causes In favor af, and in & form acceptable to, Lender. Inthe eventofloss, Borrower shall give Lender immediate nouce by malt Lender may make praofof loss if not made promptly by Borrawer. Eachinsurance company concemed|s hereby authorized and directed to make paymenttorauch loss directly 19 Landes, insiaad of ta Borrower and 1¢ Lender Jointiy. Alor any part of the insurance proceeds may be spplied by Lender, at Its option, slther (a} to ine reduction of the indebtedness under the Note and this Security Instrument, firstto any delinquent amounts appied in the order in paragraph 3, and then to Prepaymant of principal, Dr [b] to the restoration oF repalr of the damaged Property. Any applicallon of the Proceeds to tha principal shall not axtend or postpon the edue date of the monthly payments which are referred to in paragraph 2, or change the amount Of such payments. Any excess Insurance proceeds over an amount required to pay all oubstanding Indebtedness under the Note ang this Securty instrument shafl be paid to the ertity Iegelly entitled thoraty, FHA lHinols Morigage - «78 roitiale: RK Pege 3 of 7 HE Oniee Decuria, ing ILEFHALD 1212 oF ON1IIC Page § of 13 LORR In the even of foreciosure t of this Security Inatrummnt of other transfer of tille to the Property that exonguisnes tha indébtedreas, ell right, tite nd interaaiof Borrower in and to insurance pollcles in force snall pase to the purchaser 5. Occupancy, Preservation, Malntonance and Protection af the Pro) perty; Borrower's Loan Application: 7 Leaseholde Borrower shall occupy, astabish, and use the Propertyas Borrower's principal residence within sixty days after the axecuilon of this Security Instrument {or within gi bay days of a later sale or transter of the Froparty) and shall ‘Dontinue to Occupy the Property as Borrower's principal residence ‘or at leas! one year sftar the dale of cccupancy, unlass Lander determines that requirement yl causa undue hardship for Borrower, or unless @ xteraaating circumstances kisi which are beyond Borrower"s contol, Borrower shall notity Lender of any extenuating clroumsiances. Borrower shell not commit waste or caulrmy, damage or substantially change the Property or allow Ihe Property to deleriorata, feasonable wear and twarexcapted. Lender may Inapect the Propert If y the Property is vaca or abandoned nt or the loen is in defaull. Lender may take reasonable action 1o protec and preserve such vacant orabandoned Property. Borrower shall aso be in defa if Borrower, ul during the loan application process, gave materlally false or inaccurala Information oF statementsto Lender jor fated 10 provide Lender with any material information) In connection with thalosn evidenced by ihe Not including, but not limited 10, representations concemnyg Borower' 3 OtCupancy of the Proparty as « Puincipal residence. ihe Security Instrument & on aleasehotd, Borrtwer shall comply with the provisions of the feane. Ht Borrower acquires fee title to the Sroperty, the lseseh and old fee tile shall natba merged unless Lendar agreas to thy merger in writing. &. Candemmation. The proceeds of any awarg or claim tor danages, ¢recl or consequential, in connecti on with any condemnation or othar taking of any part of the Property, ot lor conveyance1h place of condemnation, are hereby @6signed and shall be paid to Lender te the extent of the hull amount Of the ndatedness that remains unpadunder the Note and ths Secusty instrument Lender shall apply such proceeds tothe ¢aduction of the indebladness underthe Note and this Sacurity Insirament. 4-sito any deanquent amounts applied in the order provided In Paragraph 3, and then to Prepayment ot principal. Any application of the proceeds to the Principe! shall not exlend of postponthe e due dateof the menihly payments, which are referred te in paregraph 2, or change the amount of such payments. Any axcess procaeds over an amount required t pay alloutsianding Indebledness under the Nets and this. Security Instumenishal be paid to the entity legally eniltied thereto. 7. Chargesto Borrower and Proteclion of Lenders Righlain the Property. Borrowar shalt pay alt governmental or municipal chesgea, nes and mpcsitions tha) arg notincludad in paragraph 2. Serrowes shall pay these cdilgations on ume directly to the entity whach Is owed the payment Ii fulure to pay would athversely affect Lendar’s Interest In the Property, upon Lender's requas1 Borrower shall promptly furnish to Lender receipts evidencing these payments. 1 Borrower falls 10 make thesa payments or the paymenta fr equiured by paragraph 2, or falls to perform any other covenants and agreements contained In thea Security Instrument, of thereis @ legal proceeding that may significantly affect Lander's rights in the Proparty (such a8 proceeding an bankruptcy, for Sondemnation or to enforce laws or regulations}, then Lander may do and pay whalaver is neres: saryip prolectthe value of the Property andLender's dghta in the Property, Including payment of laxes, hazard inaul rence and other hems mantionad In paregraph 2. Any amounts disbursed by Landes under this paragraph shall become an additonal debt of Borrower and ba secured by this Security Instrument Thess amounts shall bearinterest from the date of disbursement, af tha Nats rele, and at the option of Landar, shall be immedlatety due and payable. Borrower shall promptty dcharge any lian which has Priority over this Security Instrument unless Borrower: (a) agrees In writing 1o the payment of the obligation secured by the ben kt a manner acceptable to Lender; [b) contests In. good faith the lien by, of defends againat enforcamentof the lien In, lega? procesalnge which In the Lender's opinion Oporale io prevent the enforcement af the lien; oF (c) secures from the haider of toe llen an agreement sntistactory to Lendar aubordinating the tan Io this Secusity Instrument. It Lender detarminas that an y Part of the Property ik subject ta allen which may atta pricsity over thi Security Instrument, Leader may give Borrower a notice identifying the les, Borrower shall satisfy the llen or Inka one oF more of the actlons sat borth above within 10 days of the giving of nollca. 6. Fees. Lender may collect feas and charges authorized by the S ecrotary. 9. Grounde for Accatoration of Deb (e) Default. Lander may, except as imited by regulatone isued by the Sacratary, in the case of payment defaults, require immediate paymentin full of all sums secured by this Security Instrument I: 1} Borrower defaults by failing to pay In tul any monthly peymorrt required by this Securtty Instrument prior toor on the due date of the next monthly payment, or {1} Borrower defaults by tall for ing, a period of thi ty days, to perform any other obbgations sentainedin this Security Insiument FHA iBinole Mortgage - 435 Initiale; Oniing Documents, Ine. Page 4 aT Clr F/TgK ILEFHALD 12.2 ISCFOMNIBE Page 7 af 13 fb) Bale WitCredht hou Approval. uiaxl t Lander shall, if permitted by appicable law [Inchiding Sectunasiyg) orine Gam-St. Germain Cepository Inalitutions Ac] of 1982, 12 3.6, 1701j-3{d)] and with the ptioe approval of the Secretary, tequare immediate paymant in full ofall sums secured by this Security Instrument if: 9} All or part of the Property, ora Deneficial Interest in a treat Owning all of part of the Property, Js sold or cothenvise transfered (other than by devise or descent), and fil] The Proparty is not occupied by tha purchaser or Grantee as his or her principal residanca, or the purchaser orgranige does $0 occupy the Property but his orhercredithas nol been Spproved in accomdance ‘sith the requirements of lhe Secretary. [c) Neo Waiver, if circumstances cour that would Permit Lender to require Immediaig payment in full, but Onder does not require Such payments, Lender does not walve ity rights with respect to subsequent events. [d} Ragulstions of HUD Gecretary. in many crcumstances requiations issued by the Secretary will limi ' Lendér’s rights, in the case of payment defaults.to requre immediate Payrmant In full and foreciogeif not pald. Thes Security Instrument dows not authorize acceleration or toreclosure if not Parmittad by regulabons of te Secretary. (@) Mont 9° Not Ineutad. Borrower agrees that if this Security Instrumentand the Note are not delarmined to be eligitte for insurance under the National Housing Act within 80 days from the date hereof, Lencer may, a1 its option, réquiry rnmediate payment in full of all sums secured by this Security Instrument. A written stalemant of any authorized agent of he Secretary dated subsequentto 60 days from lhe dala hereol, deciining jo naure this Security Enetrument and the Note, shall be desmed conclusive Poo! of such mefigibiily. Natedchstending the foregaing, this option nay not be exercised by Lender when the unavailab aty of ingurance is solely due to Lender's failure to remit a mortgage insurance premiums to the Secretary. 19, Relnstaternant Borrower has 8 rightto oe reinstated if Lender hes Pequired Immadieie paymentin fullbecause of Gorower's failure to pay an amount due under the Nole or this Securi ity Instrument. Thts ight 2oplies oven aftar loracioaure oreceedings ara inatitutad To reinstate the Securlty Instrum: ent, Borrower shall tender In a lutnp sum all amounts required to bring Borrower's account current includmg, to the extent they afe obllgailons of Borrower under this Security Instrument, foreclosure costs and reasonebls and customary atomeys' fees and @xpenses properly associated with the foreoosure proceeding Upon relnstatement by Borrower, this Security tnstrument aad the obligations thatit secures shat remainin eftectae f Lender had natrequired immediate Paymentin full, However, Lender is not requited lo permit reinstatementif: (i) Lender has accepted reinstalement after the commencemant of forectosure Proceedings within two years Immediately praceding tha commencement of a current forecloaure Proceeding, a} telnstatemen wil proclude t foreclosure on different Grounds in the fulure, or {iil} reinstatement will adversely alact the hrievtty of the lian created by lhis Securty Inalrumant. 11, Borrower Mot Ralassed; Forbearance By Lender Not a Walver. Exansion of the uma of payment or modificalion of amortization of th ums secured by ths Sacurty Insiment granted by Lender ta any succeasor In inter of est Barrower shad not operate ia release the liability of the original Bartoweror Borrower's successor in interest. Lander shall not be required 10 commence proceadmgs agains! any succesaorin interest or retusa to exteod time for Payment or otherwise mocrty amortization of the sums secured by this Secunty Instrument by reeson of any demerd made by the originat Borrowsrar Borrower's successors in Interes!. Any forbeerance ‘ay Lande’ in Bxerciging any right ‘or remedy shall not be a waiver of oy preciude the exercise of any right or remedy. 12. Successora and Asalgna Bound; Joint and Savaral Liability; Co-Signera. The covenants and agreements of this Security Instrument shall bind and benefit the successors and ausigns of Lender and Borrower, subjectto the provisions of paragraph 9(b}. Borrower's covenants and agreements shall be soint and several. Any Borrower who co-signs this Security Instrument bul does nol execute the Note: {a} fe co-signing this Secudty Inairnament only to mortgage, grant and convey thet Borrower's Interest In the Property under the tema of his Security Insinanent; (6) is Not persorsty obligated to pay the sums secured by this Security Instrument; and (¢) agrees thal Lender and any other Borrower may agreeto extend, modify, forbear or make any accommodations with regard to the Lerma of this Security (nstrumant or the Note without that Borrower's cangent. 13, Notices. Any nates to Borrower provided for In this Security Instrurnent shall ba given by dallvering it or by malling It by fret class mad unieks applicabliaw e requites use of another mathod. The notice shall be directed to tha Property Address or any olher address. Berewer designates by notice to Lender. Any notice to hander shall be diva by first class mal to Lender's adiciress slated harain or any aderasa Lander designates by nottete Borrower, Any notica Provided fer in tira Security Instrument shall be desmed to have bean given ta Borrower or Lender when given as Provided in this paragraph, FHA Iliinoke Mongaga - are Initials: Orta Document, ing Pago 5 of 7 | LEFHALD 1212 oF ONTIIC Page § af 13 -- 14, Governing Law; Severabilty. Fhis Security Instrument shall be governed by Federal law ang ine iew of ine | titdiction in which the Property is loceted. Jn the event thel any provision or clause of this Secunty Instrument ar the Note conticta with applicable law, auch conflict shall not atfect other Provisions of this Security Instrum ent ar the Note 1B which can be green effect without the confictin: 9 pravis-an, To thls end the provisions of this Security insirument and the Note are daciated to ba severable. 16, Borrower's Copy. Borrower sitall ba given one contonned copy of the Nate and of this Secunty instrument 18. Hazardous Substances. Borrower shall not cause or pemna