Preview
FILED
Hearing Date: 8/14/2024 3:00 PM
6/11/2024 10:01 AM
Location: Court Room 2810
Judge: Pedersen, Chloe IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH05473
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, 63
COUNTY DEPARTMENT, CHANCERY DIVISION 28057781
AMERIHOME MORTGAGE COMPANY, ]
LLC, ]
Plaintiff, CASE NO.2024CH05473
vs. Property Address: 519 Villa Circle Dr.
] Unit 34 Palatine, IL 60067
TANATPHOL CHANTHAROJWONGSE; ]
TOWNHOMES OF CREEKSIDE VILLAS ] Calendar
CONDOMINIUM ASSOCIATION; ]
UNKNOWN OWNERS AND NON- ]
RECORD CLAIMANTS;
Defendant(s).
COMPLAINT TO FORECLOSE MORTGAGE
735 ILCS 5/15-1504(a)(1) through (3)
Plaintiff, AMERIHOME MORTGAGE COMPANY, LLC, ("Plaintiff") by and through
undersigned counsel, for its Complaint against named Defendants states as follows:
1 Plaintiff files this Complaint to Foreclose the Mortgage hereinafter described and joins
the following persons as Defendants:
A TANATPHOL CHANTHAROJWONGSE; TOWNHOMES OF CREEKSIDE
VILLAS CONDOMINIUM ASSOCIATION; UNKNOWN OWNERS AND NON-RECORD
CLAIMANTS;
B Plaintiff avers that in addition to person designated by name herein, and the
unknown defendants hereinbefore referred to there are other persons who are
interest in this action and who have or claim some right, title, interest or lien in, to
or upon the real estate sought to be foreclosed in this Complaint; that the name of
each of such other person or persons is unknown to Plaintiff, and on diligent inquiry
cannot be ascertained, and all such persons are hereby made parties Defendants to
1396-203411
this proceeding by the name and description of UNKNOWN OWNERS and NON-
RECORD CLAIMANTS.
2 That attached hereto as Exhibit "A" and incorporated herein is a true copy of said Mortgage.
That attached hereto as Exhibit "B" and incorporated herein is a true copy of the Note secured
thereby.
3 Information concerning said Mortgage attached as Exhibit "A";
A Nature of the Instrument: Mortgage
B Date of the Mortgage: August 4, 2017
Name of the Mortgagors: TANATPHOL CHANTHAROJWONGSE
Name of the Original Mortgagee: Mortgage Electronic Registration Systems, Inc.,
as mortgagee, as nominee for CROSSCOUNTRY MORTGAGE, INC.,
Date and place of recording of Mortgage: August 7, 2017 in the office of the
Recorder of Deeds or County Clerk.
Identification of Recording: 1721916084
Interest subject to the Mortgage: Fee Simple
Amount of Original Indebtedness, including advances made under the mortgage:
$220,875.00.
Legal Description and common Address of Mortgage Premises:
)) Legal Description: PARCEL 1:
UNIT 34 IN BUILDING 6 TOGETHER WITH ITS UNDIVIDED PERCENTAGE
INTEREST IN THE COMMON ELEMENTS IN TOWNHOMES OF
CREEKSIDE VILLAS CONDOMINIUM AS DELINEATED AND
DEFINED IN THE DECLARATION RECORDED AS DOCUMENT NO.
88187659, AS AMENDED, IN THE NORTHWEST 1/4 OF SECTION 34,
1396-203411
TOWNSHIP 42 NORTH, RANGE 10, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2:
EASEMENTS APPURTENANT TO AND FOR THE BENEFIT OF PARCEL 1
AS SET FORTH AND DEFINED IN THE DECLARATION OF
EASEMENTS RECORDED AS DOCUMENT NO. 88187659, FOR
INGRESS AND EGRESS, ALL IN COOK COUNTY, ILLINOIS.
2) Common Address: 519 Villa Circle Dr. Unit 34, Palatine, IL 60067
3) P.I.N.: 02-34-101-043-1040
Statement as to mortgage loan default:
The mortgagor has failed to pay the monthly installments due under the note and
the loan is due for the September 1, 2023 payment. There remains an outstanding
principal balance of $198,575.79 plus interest, attorney’s fees, foreclosure costs,
advances and expenses incurred by the plaintiff due to the Mortgagor’s failure to
make payments. Interest accrues at $26.52 per day.
Name of present owners of said premises: TANATPHOL
CHANTHAROJWONGSE
Names of other persons who are joined as Defendants and whose interest in or lien
on the mortgage real estate is sought to be terminated:
1 Defendant(s), TANATPHOL CHANTHAROJWONGSE, may claim an ownership
interest in or lien upon the subject property arising from a WARRANTY DEED recorded as
1396-203411
Instrument number 1721916083, of the Public Records of Cook County, Illinois. This interest is
inferior to Plaintiff's mortgage.
2 Defendant(s), TOWNHOMES OF CREEKSIDE VILLAS CONDOMINIUM
ASSOCIATION, may claim some interest in or lien upon the subject property arising from unpaid
assessments of the Public Records of Cook County, Illinois.
3 Defendant(s), Unknown Owners and non-record claimants may claim some interest
in or lien upon the subject property, this interest is inferior to Plaintiff's interest.
M Names of persons claimed to be personally liable for deficiency TANATPHOL
CHANTHAROJWONGSE - However, Plaintiff will not seek a personal deficiency
against any party who has been discharged of any personal liability pursuant to the
United States Bankruptcy Code, against any party whose bankruptcy case is still
pending and the Plaintiff has been granted relief from the automatic stay, or against
any party who is protected by the automatic stay provisions of the United States
Bankruptcy Code at the time any foreclosure sale is confirmed.;
Capacity in which Plaintiff brings this suit: The current mortgagee is
AMERIHOME MORTGAGE COMPANY, LLC. Plaintiff is the holder of the
indebtedness based on the attached Note which has already been duly endorsed and
which is incorporated herein by reference. Plaintiff
has the right to foreclose
Facts in support of request for attorneys’ fees and costs and expenses, if applicable.
Plaintiff
has been required to retain counsel for prosecution of this foreclosure and
to incur substantial attorneys’ fees, court costs, title insurance and other expenses
which should be added to the balance secured by said mortgage.
1396-203411
P Plaintiff seeks to terminate the right to possess the mortgage real estate after
confirmation of a foreclosure sale against all defendants who have the right to
possess the property.
REQUEST FOR RELIEF
WHEREFORE, the Plaintiff requests as follows:
1 For Foreclosure of such mortgage and sale;
2 An Order granting a shortened redemption period, if authorized by law;
For a personal deficiency judgment against TANATPHOL
CHANTHAROJWONGSE, only, if sought;
A judgment for attorney’s fees, costs and expenses;
An Order granting the right to possess the mortgage real estate and terminating such
rights of all defendants who have or claim to have a right to possess the mortgage
real estate;
Such other relief as equity may require,
ADDITIONAL REQUEST FOR RELIEF
Plaintiff also requests that the judgment for foreclosure or other orders entered herein
provide for the following pursuant to 735 ILCS 5/15-1506(f).
1 A Sale by auction.
2 A sale by open bid
A Judgment ofthis Court or Sheriff of the County, Intercounty Judicial Sales or
the Judicial Sales corporation, shall conduct the sale.
Title in the real estate may be subject, at the sale, to exceptions including general
real estate taxes for the current year and for the preceding year which have not
become due and payable as of the date of entry of the Judgment of Foreclosure,
1396-203411
any special assessments upon the real estate, and easements of the Judgment of
Foreclosure, any special assessments upon the real estate, and easements and
restrictions of record.
In the event a party to the foreclosure is a successful bidder at the sale, such party
shall be allowed to offset against the purchase price to be paid for such real estate
amounts due such party under the Judgment of Foreclosure or Order confirming
sale.
|
By
i (Y POM 6-10-2024
One of its Attorneys Date
Diaz Anselmo & Associates, LLC Stacia . Peterson
Attorneys for Plaintiff Associate Attorney, ARDC #6319430
1771 West Diehl Road, Suite 120
Diaz Anselmo & Associates LLC
Naperville, IL 60563
Telephone: (630) 453-6960
Facsimile: (630) 428-4620
Attorney No. Cook 64727, DuPage 293191
Service E-mail: midwestpleadings@dallegal.com
THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
1396-203411
EXHIBIT A
Doc#. 1721916084 Fee: $82.00
Illinois Anti-Predatory Karen A. Yarbrough
Cook County Recorder of Deeds
Lending Database Date: 08/07/2017 12:39 PM Pg 1 of 18
a? Program
Certificate of Compliance
S
ore
mie
Report Mortgage’
844-768-1713
e
The property identified as: oh
Address:
Street: 519 VILLA CIRCLE DR.
Street line 2: UNIT 34
Gity: PALATINE State: IU! ZIP Code: 60067
Lender, CrossCountry Mortgage, Inc.
Borrower: Tanatphol Chantharojwongse
Loan / Mortgage Amount: $220,875.00
Pursuant to 765 ILCS 77/70 et seq,, this Certificate authorizes the County Recorder of Deéds to record a residential
mortgage secured by this property and, if applicable, a simultaneously dated HELOC.
i
Certificate number: 95B07EFE-9094-4C9B-9814-016CB5A9370A £xecution date: 8/4/2017
Order: 202401863 Page 3 of 83 Requested By: Zaya Nathan Printed: 6/5/2024 9:32 AM
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é
When recorded, return to:
CrossCouritry Mortgage, Inc.
Attn: Final Doctment Department
860 Miller Road.
Brecksville, OH 44
This instrument was ptésfiared by:
CrossCountry Mortgage, INC).
6850 Miller Road
Brecksville, OH 44141
440 845-3700
Escrow
LOAN #: —_ {Space Above This wine ‘or Recording Data]
MORTGAGE
MERS PHONE #: 1-888-679-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and Gthér,words are defined in Sections 3, 11, 13,
16.
48, 20 and 21. Certain rules regarding the usage of words used in this document'are also provided in Section
. together with all
(A) “Security Instrument” means this document, which is dated August 4, 20F4
Riders to this document. A
(B) “Borrower” is TANATPHOL CHANTHAROJWONGSE, MARRIED MAN.
Borrower is the mortgagor under this Security Insiruimerit
(C) “MERS" is Mortgage Electronic Registration Syvsterr oi E ’ ig a separate corporation that is actifig, Solely as
nominee for Lender and Lender's successors ant gs3'g718. ERS is tha faitgagee under this Security Instrument.
ILLINOIS - Single Family - Fannie Mae/Freddio Mac UNIFORM INSTRUMENT Fes 36-4 2/04 Initials: te d
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Loan ¢:
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 CrossCountry Mortgage, Inc..
Lender is a Corporation, organized and existing under the laws of
ni Lender's address is 6850 Miller Road, Brecksville,
141
¢
(E) “Note’ ‘means the promissory note signed by Borrower and dated August 4, 2017. The Note
THOUSAND EIGHT HUNDRED SEVENTY FIVE AN ID
states that Borrower owes Lender TWO HUNDRED TWENTY
NOMOO** HELD RAH HARK asda wen Ane Henn ean aaa ERSTE Dollars (U.S. $220,875.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than September
({F) “Property” mean property that is described below under the heading “Transfer of Rights in the Property.”
due under
(G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
the Note, and all sums du@ uhder this Security Instrument, pius interest.
are to be
(H) “Riders” means all Riders to.this Security Instrument that are executed by Borrower. The following Riders
executed by Borrower [check box a ‘applicable}:
CO Adjustable Rate Rider Condominium Rices C Second Home Rider
U0 Balloon Rider inned Unit Development Rider ix] Other(s) [specify]
UO 1-4 Family Rider Ce fweekty Payment Rider Fixed Interest Rate Rider
OVA. Rider
and
{) “Applicable Law’ ” means alt controlling applicable federal, state and local statutes, regulations, ordinances
administrative rules and orders (that have the ofted aw) as well as all applicable final, non-appealable judicial
opinions,
and other charges
(J) “Community Association Dues, Fees, and Assessinents” means all dues, fees, assessments
or similar
that are imposed on Borrower or the Property by a condominium association, homeowners association
organization.
(K} “Electronic Funds Transfer “ means any transfer of funds; other than a transaction originated by check, draft,
or
computer, or magnetic
similar paper instrument, which is initiated through an e' Jectronic terminal;'telephonic instrument,
account. Such term includes, but is
tape so as to order, instruct, or authorize a financial institution to debit,or credit an
not limited to, point-of-sale transfers, automated teller machine transactions , transfers initiated by telephone, wire
transfers, and automated clearinghou se transfers.
(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 proceet ds paid under the coverages described’in Section 5) for: (i) damage to, or
of the’ Property; (iii) conveyance in tieu
destruction of, the Property; (ji) condemnat ion or other taking of all or any part
of condemnation; or (iv) misrepresentations of, or omissions as to, the value an d/or condition of the Property.
(N) “Mortgage Insurance” means insu rance protecting Lender against the nonpayment Ofor'default on, the Loan.
{O) “Periodic Payment” means the regu larly scheduled amount due for (i) principal and interest under
the Note, plus
(ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) ahd’ implementing
or any.addition al or
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time,
As used in this Security Instrument) . RESPA"
successor legislation or regulation that governs the same subject matter.
refers to all requirements and restrictions that are imposed in regard to a “federally related
mortgage loan” everi ifthe
Loan does not qualify as a “federally related mortgage loan” under RESPA. i
(Q) “Successor in Interest of Borrower" means any party that has taken
title to the Property, whetheror not thal arty
has assumed Borrower's obligations under the Note and/or this Security Instrument. #
Initials:
TC
ILLINOIS- Sin" gle Family - Fannie Mae/Freddle Mac UNIFORM I INSTRUMENT Form 3014 4/01 TLEDEDL 0315
2e,Jnc. Page 2 of 12 {LEDEDL (CLS)
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LOAN +:
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) thes< me Loan, and all renewals, extensions and modifications
of the Note; and (ii) the performance of Borrows = and agreements under this Security Instrument and the
Note. For this purpose, Borrower does hereby snd convey to MERS (solely as nominee for Lender and
Lender's successors and assigns) and to the suc: igns of MERS, the following described property located
in the County pe risdiction} of Cook
[Name of Recording Jurisdiction):
SEE LEGAL DESCRIPTION ATTACHED Hi ERETO AND MADE A PART HEREOF AS "EXHIBIT A”.
Aen x 02-34-101-043-1040
¢
»
which currently has the addressiof §19 VILLA CIRCLE DR # 34, Palatine,
(Street) [City]
Mlinois 60067 (Properly Address");
{Zip Code]
ces,
TOGETHER WITH all the improvements dh ‘OF hereatter erected on the property, and all easements, appurtenan
and additions shall also be covered by this Security
and fixtures now or hereatter a part of the propérty. All: replacements
” Borrower understands and
Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.
if necessary
agrees that MERS holds only legal title to the interests’ ‘granted by Borrower in this Security Instrument, but,
has the right: to
successors and assigns)
to comply with law or custom, MERS (as nominee for Lender and Lender's
and sell the Property; and to take
exercise any or all of those interests, including, but not limited to, the right to foreclose
to, releasing and canceling this Security Instrument.
any action required of Lender including, but not limited
the right to
BORROWER COVENANTS that Borrower is lawfully seised’ at the estate hereby conveyed and has
ed, except for encumbran ces of record.
mortgage, grant and convey the Property and that the Property is unencumber
the Property ‘against all claims and demands, subject to any
Borrower warrants and will defend general lly the title to
encumbrances of record.
22m covenants for natio and non-uniform covenants with
THIS SECURITY INSTRUMENT combine:
limited variations by jurisdiction to constitute a security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
Lat Giarges. Borrower shall pay
4. Payment of Principal, interest, Escrow tems, Prepayment Charges, ana z
and any prepaymen t it. charges and late charges
when due the principal of, and interest on, the debt evidenced by the Note
Section 3. Payments due under the
due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Note and this Security Instrument shall be made i in U.S. currency. However, ‘f sny check or other instrument received
to Lender ungaid, Lendérttiay require that
by Lender as payment under the Note or this Secu rity Instrument is returned
any or all subsequent paymentsdue under the Note and tl his Security Instrument be made in one or more. of the following
forms, as selected by Lender: (a) cash; (b) money order; {c) certified check,
bank check, treasurer's check or-cashier's
upon an ins stitution whose deposits are insured by a federal, agency,
check, provided any such check is drawn
instrumentality, or entity; or (d) Electroni c Funds Transfer.
designated in the Note or at such other
Payments are deemed received by Lender when re ceived at the focalion
s in Section 15, Lender may return any.
location as may be designated by Lender in accordance w ith the notice provision
ENT Form 3014 1/01 Initials: _ TC _
ILLINOIS - Single Family - Fannio Mae/Freddie Mac UNIFORM INSTRUM
Ellie Mae, inc. Page
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LOAN +:
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may
accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
is not obligated to apply such
prejudice to its rights to refuse such payment or partial payments in the future, but Lender
If each Periodic Payment is applied as of its scheduled due date,
payments at the time such payments are accepted.
makes
then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower
either
payment to bring the Lo: an current. If Borrower does not do so within a reasonable period of time, Lender shall
funds will be applied to the outstanding principal
apply such funds or returt n them to Borrower, If not applied earlier, such
‘alance under the Note i immediately prior to foreclosure. No offset or claim which Borrower might have now or
in the
from making payments due under the Note and this Security Instrument
future against Lender shall relieve Borrower
or itforming
rf the covenants and agreeme' nts secured by this Security Instrument.
‘2: “Application of Payments or Proc eeds. Except as otherwise described in this Section 2, all payments accepted
and applied;by Lender shall be applied in t! he following order of priority: (a) interest due under the Note, (b) principal
due under‘th jote; (c) amounts due under Section 3. Such payments shail oe applied to e
ach Periodic Payment in the
firs! t¢ fate charges, second to any other amounts
order in whicl betame due. Any remaining amounts shall be applied
due under this Security Instrument, and then to reduce the principal balance of the Note,
If Lender receives-a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
than
to pay any late chargedue, the payment may be applied to the delinquent payment and the late charge. If more
may apply any payment received from Borrower to the repayment of the
one Periodic Payment’is.dutstanding, Lender
Periodic Payments if, and tothe extent th at, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full:payment of one or more Periodic Payments, such excess mi
ay be applied to any late
charges due. Vol luntary prepaymerits shall be applied first to any prepayment charges and then as described in the Note.
Note shall
Any applicati ion of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
not extend or postpone the due date, of change the amount, of the Periodic Payments.
Note,
3. Funds for Escrow lems, Borrower shall l pay to Lender on the day Periodic Payments are due under the ts
(a) taxes and assessmen
until the Note is paid in full, a sum (the “Fufds”}to provide for payment of amounts due for:
this-Securi ty Instrument as a lien or encumbran ce on the Property; (b)
and other items which can attain priority Vet’
on the Property, if any; (c) premiums for any and all insurance required by Lender
leasehold payments or ground rents ‘ of
payable by Borrower to Lender in lieu
under Section 5; and (d) Mortgage Insurance prerfiys Wms, if any, or any sums
the payment of Mortgage Insurance premiums in act dance with the provisions of Section 10. These items are called
the term Loan, Lender may require that Community Association
“Escrow Items."At origination or at any time during of the
be escrowed by Borrower, and such dues, fees and assessm ents shall be an
Dues, Fees, and Assessments, if any,
paid under this Section. Borrower
Escrow Item. Borrower shall promptly furnish to Lender all notices, of amounts to be
obligation to pay the Funds for any or
shall pay Lender the Funds for Escrow Item: s unless Lender waives’ Borrower's
may waive Borrower's obligation to pay to Lender, Funds for any or all Escrow Items at any time.
all Escrow Items. Lender
pay directly, when and where payable,
Any such waiver may only be in writing. In the event of si uch waiver, Borfower shall
Items for which payment t of Funds has*teén waived by Lender and, if Lender requires,
the amounts due for any Escrow
time period as Lender may require. Borrower's
shall furnish to Lender receipts evidencing such payment t within such
shall for all purposes be deemer d to be a covenant and
obligation to make such payments an d to provide receipts
t, as the phrase “covenant and:agre ement” is used in Section 9. If
agreement contained in this Security Instrumen
and Borrower fails to pay the amount due for
Borrower is obligated to pay Escrow Items directly, pursuant to a wai iver,
pay such amouht'and Borrower shall then be
an Escrow Item, Lender may exercise its rights under Section 9 and
Lender may revoke the waiver as to any or all Escrow
obligated under Section 9 to repay to Lender rr any such amount.
, Borrower shall pay to
Items at any time by a notice given in accord jance with Section 15 and, upon such revocation
Section 3.
Lender all Funds, and in such amounts, that are then required under this
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pe rmit require
Lenderto apply the Funds at
undePRESPA. Lender
the time specified under RESPA, and (b) not to excees d the maximum amount a lender can ates of enfe(idltyres of future
shall estimate the amount of Funds due on the basis of current data and reasonable esti
Escrow Items or otherwise in accordance with Applicable Law. SS y, instrumentality,
or, entity
The Funds shall be held in an institution whose deposits are insured by a federa- eeHf Home Loan Bariki‘Lender
or in any &
{including Lender, if Lender is an institution whose deposits are so insured)
shail apply the Funds to pay the E ‘scrow Items no later than the time speci ified
under RESPA. Lender shall not ctiarge
or verifying the Escrow Iterns;
Borrower for holding and applying the Funds, annually analyzing the escrow account,
on t he Funds and Applicabl e Law permits Lender to make such a charge. Unless.
unless Lender pays Borrower interest
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LOAN #:
an agreement is made in writing a7.A22° Fa requires interest to be paid on the Funds. der shall not be required
to pay Borrower any interest or es “-Sunds. Borrower and Lender can agree. 1g, however, that interest
shall be paid on the Funds. Lend rrower, without charge, an annual act ofthe Funds as required
by RESPA,
If there is a surplus of Fund: , as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with is a shortage of Funds held in escrow, as defined under RESPA, Lender
shall notify Borrower as required by RESFA, iid 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 there is a Saficions ‘of Funds held
invescrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, crreawer shall pay to
Lender the amount necessary to make up the deficiency in accordance with RESPA, but inner
& thar{2 monthly
payments:
Upon payment in full of alll s ums secured by this Security Instrument, Lender shalt promptly refund to GSerrower any
Funds held,by.Lender.
4. Charges;'Liens. Borrower shal II pay all taxes, assessments, charges, fines, and impositions attributable to the
on the Property,
Property which’ can’attain priority over this Security Instrument, leasehold payments or ground rents
are Escrow Items,
if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
Borrower shall pay thi in the manner provided in Section 3.
dis charge any lien which has priority over this Security Instrument unless Borrower: (a)
Borrower shall promptly,
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing slicti agreement; (b) contests the lien in good faith by, or defends agai inst enforcement of the
lien in, legal proceeding: s which’ in Lender's opinion operate to prevent the enforcement of the lien while those
proceedings are pending, but only,dntil such proceedings are concluded; or (c) secures from the holder of the lien an
that any part
agreement satisfactory to Lender subordinating the lien to this S ecurity Instrument. If Lender determines
Lender may give Borrower @
of the Property is subject to a lien which’ can attain priority over this Security Instrument,
which that notice is given, Borrower shall satisfy the lien or take
notice identifying the lien. Within 10 days of the.date on
one or more of the actions set forth above’in-this Section 4.
service used
Lender may require Borrower to pay a one-titne charge for a real estate tax verification and/or reporting
by Lender in connection with this Loan.
§. Property Insurance. Borrower shall keep th: provements now existing or hereafter erected on the Property
insured against loss by fire, hazards included wit the feim "extended coverage,” and any other hazards including,
shall be maintained in
but not limited to, earthquakes and ficods, for which Lender requires insurance. This insurance
What Lender requires pursuant to
the amounts (incising deductible levels) and for the periods.that Lender requires.
the insurance shall
the preceding senitenzes can change curing ihe term of the Loan,,The insurance carrier
which
providing
right shall not be exercised
be chosen by Berrower subject to Lerder’s right to disapprov e Borrower's choice,
to pay, in connection with this Loan, either: (a) a one-time charge for flood
unreasonably. Lendar may require Borrower
Preview
FILED Hearing Date: 8/14/2024 3:00 PM 6/11/2024 10:01 AM Location: Court Room 2810 Judge: Pedersen, Chloe IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH05473 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, 63 COUNTY DEPARTMENT, CHANCERY DIVISION 28057781 AMERIHOME MORTGAGE COMPANY, ] LLC, ] Plaintiff, CASE NO.2024CH05473 vs. Property Address: 519 Villa Circle Dr. ] Unit 34 Palatine, IL 60067 TANATPHOL CHANTHAROJWONGSE; ] TOWNHOMES OF CREEKSIDE VILLAS ] Calendar CONDOMINIUM ASSOCIATION; ] UNKNOWN OWNERS AND NON- ] RECORD CLAIMANTS; Defendant(s). COMPLAINT TO FORECLOSE MORTGAGE 735 ILCS 5/15-1504(a)(1) through (3) Plaintiff, AMERIHOME MORTGAGE COMPANY, LLC, ("Plaintiff") by and through undersigned counsel, for its Complaint against named Defendants states as follows: 1 Plaintiff files this Complaint to Foreclose the Mortgage hereinafter described and joins the following persons as Defendants: A TANATPHOL CHANTHAROJWONGSE; TOWNHOMES OF CREEKSIDE VILLAS CONDOMINIUM ASSOCIATION; UNKNOWN OWNERS AND NON-RECORD CLAIMANTS; B Plaintiff avers that in addition to person designated by name herein, and the unknown defendants hereinbefore referred to there are other persons who are interest in this action and who have or claim some right, title, interest or lien in, to or upon the real estate sought to be foreclosed in this Complaint; that the name of each of such other person or persons is unknown to Plaintiff, and on diligent inquiry cannot be ascertained, and all such persons are hereby made parties Defendants to 1396-203411 this proceeding by the name and description of UNKNOWN OWNERS and NON- RECORD CLAIMANTS. 2 That attached hereto as Exhibit "A" and incorporated herein is a true copy of said Mortgage. That attached hereto as Exhibit "B" and incorporated herein is a true copy of the Note secured thereby. 3 Information concerning said Mortgage attached as Exhibit "A"; A Nature of the Instrument: Mortgage B Date of the Mortgage: August 4, 2017 Name of the Mortgagors: TANATPHOL CHANTHAROJWONGSE Name of the Original Mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for CROSSCOUNTRY MORTGAGE, INC., Date and place of recording of Mortgage: August 7, 2017 in the office of the Recorder of Deeds or County Clerk. Identification of Recording: 1721916084 Interest subject to the Mortgage: Fee Simple Amount of Original Indebtedness, including advances made under the mortgage: $220,875.00. Legal Description and common Address of Mortgage Premises: )) Legal Description: PARCEL 1: UNIT 34 IN BUILDING 6 TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS IN TOWNHOMES OF CREEKSIDE VILLAS CONDOMINIUM AS DELINEATED AND DEFINED IN THE DECLARATION RECORDED AS DOCUMENT NO. 88187659, AS AMENDED, IN THE NORTHWEST 1/4 OF SECTION 34, 1396-203411 TOWNSHIP 42 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENTS APPURTENANT TO AND FOR THE BENEFIT OF PARCEL 1 AS SET FORTH AND DEFINED IN THE DECLARATION OF EASEMENTS RECORDED AS DOCUMENT NO. 88187659, FOR INGRESS AND EGRESS, ALL IN COOK COUNTY, ILLINOIS. 2) Common Address: 519 Villa Circle Dr. Unit 34, Palatine, IL 60067 3) P.I.N.: 02-34-101-043-1040 Statement as to mortgage loan default: The mortgagor has failed to pay the monthly installments due under the note and the loan is due for the September 1, 2023 payment. There remains an outstanding principal balance of $198,575.79 plus interest, attorney’s fees, foreclosure costs, advances and expenses incurred by the plaintiff due to the Mortgagor’s failure to make payments. Interest accrues at $26.52 per day. Name of present owners of said premises: TANATPHOL CHANTHAROJWONGSE Names of other persons who are joined as Defendants and whose interest in or lien on the mortgage real estate is sought to be terminated: 1 Defendant(s), TANATPHOL CHANTHAROJWONGSE, may claim an ownership interest in or lien upon the subject property arising from a WARRANTY DEED recorded as 1396-203411 Instrument number 1721916083, of the Public Records of Cook County, Illinois. This interest is inferior to Plaintiff's mortgage. 2 Defendant(s), TOWNHOMES OF CREEKSIDE VILLAS CONDOMINIUM ASSOCIATION, may claim some interest in or lien upon the subject property arising from unpaid assessments of the Public Records of Cook County, Illinois. 3 Defendant(s), Unknown Owners and non-record claimants may claim some interest in or lien upon the subject property, this interest is inferior to Plaintiff's interest. M Names of persons claimed to be personally liable for deficiency TANATPHOL CHANTHAROJWONGSE - However, Plaintiff will not seek a personal deficiency against any party who has been discharged of any personal liability pursuant to the United States Bankruptcy Code, against any party whose bankruptcy case is still pending and the Plaintiff has been granted relief from the automatic stay, or against any party who is protected by the automatic stay provisions of the United States Bankruptcy Code at the time any foreclosure sale is confirmed.; Capacity in which Plaintiff brings this suit: The current mortgagee is AMERIHOME MORTGAGE COMPANY, LLC. Plaintiff is the holder of the indebtedness based on the attached Note which has already been duly endorsed and which is incorporated herein by reference. Plaintiff has the right to foreclose Facts in support of request for attorneys’ fees and costs and expenses, if applicable. Plaintiff has been required to retain counsel for prosecution of this foreclosure and to incur substantial attorneys’ fees, court costs, title insurance and other expenses which should be added to the balance secured by said mortgage. 1396-203411 P Plaintiff seeks to terminate the right to possess the mortgage real estate after confirmation of a foreclosure sale against all defendants who have the right to possess the property. REQUEST FOR RELIEF WHEREFORE, the Plaintiff requests as follows: 1 For Foreclosure of such mortgage and sale; 2 An Order granting a shortened redemption period, if authorized by law; For a personal deficiency judgment against TANATPHOL CHANTHAROJWONGSE, only, if sought; A judgment for attorney’s fees, costs and expenses; An Order granting the right to possess the mortgage real estate and terminating such rights of all defendants who have or claim to have a right to possess the mortgage real estate; Such other relief as equity may require, ADDITIONAL REQUEST FOR RELIEF Plaintiff also requests that the judgment for foreclosure or other orders entered herein provide for the following pursuant to 735 ILCS 5/15-1506(f). 1 A Sale by auction. 2 A sale by open bid A Judgment ofthis Court or Sheriff of the County, Intercounty Judicial Sales or the Judicial Sales corporation, shall conduct the sale. Title in the real estate may be subject, at the sale, to exceptions including general real estate taxes for the current year and for the preceding year which have not become due and payable as of the date of entry of the Judgment of Foreclosure, 1396-203411 any special assessments upon the real estate, and easements of the Judgment of Foreclosure, any special assessments upon the real estate, and easements and restrictions of record. In the event a party to the foreclosure is a successful bidder at the sale, such party shall be allowed to offset against the purchase price to be paid for such real estate amounts due such party under the Judgment of Foreclosure or Order confirming sale. | By i (Y POM 6-10-2024 One of its Attorneys Date Diaz Anselmo & Associates, LLC Stacia . Peterson Attorneys for Plaintiff Associate Attorney, ARDC #6319430 1771 West Diehl Road, Suite 120 Diaz Anselmo & Associates LLC Naperville, IL 60563 Telephone: (630) 453-6960 Facsimile: (630) 428-4620 Attorney No. Cook 64727, DuPage 293191 Service E-mail: midwestpleadings@dallegal.com THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR 1396-203411 EXHIBIT A Doc#. 1721916084 Fee: $82.00 Illinois Anti-Predatory Karen A. Yarbrough Cook County Recorder of Deeds Lending Database Date: 08/07/2017 12:39 PM Pg 1 of 18 a? Program Certificate of Compliance S ore mie Report Mortgage’ 844-768-1713 e The property identified as: oh Address: Street: 519 VILLA CIRCLE DR. Street line 2: UNIT 34 Gity: PALATINE State: IU! ZIP Code: 60067 Lender, CrossCountry Mortgage, Inc. Borrower: Tanatphol Chantharojwongse Loan / Mortgage Amount: $220,875.00 Pursuant to 765 ILCS 77/70 et seq,, this Certificate authorizes the County Recorder of Deéds to record a residential mortgage secured by this property and, if applicable, a simultaneously dated HELOC. i Certificate number: 95B07EFE-9094-4C9B-9814-016CB5A9370A £xecution date: 8/4/2017 Order: 202401863 Page 3 of 83 Requested By: Zaya Nathan Printed: 6/5/2024 9:32 AM Doe: 1721916084 MTG 08-07-2017 1721916084 Page: 2 of 18 é When recorded, return to: CrossCouritry Mortgage, Inc. Attn: Final Doctment Department 860 Miller Road. Brecksville, OH 44 This instrument was ptésfiared by: CrossCountry Mortgage, INC). 6850 Miller Road Brecksville, OH 44141 440 845-3700 Escrow LOAN #: —_ {Space Above This wine ‘or Recording Data] MORTGAGE MERS PHONE #: 1-888-679-6377 DEFINITIONS Words used in multiple sections of this document are defined below and Gthér,words are defined in Sections 3, 11, 13, 16. 48, 20 and 21. Certain rules regarding the usage of words used in this document'are also provided in Section . together with all (A) “Security Instrument” means this document, which is dated August 4, 20F4 Riders to this document. A (B) “Borrower” is TANATPHOL CHANTHAROJWONGSE, MARRIED MAN. Borrower is the mortgagor under this Security Insiruimerit (C) “MERS" is Mortgage Electronic Registration Syvsterr oi E ’ ig a separate corporation that is actifig, Solely as nominee for Lender and Lender's successors ant gs3'g718. ERS is tha faitgagee under this Security Instrument. ILLINOIS - Single Family - Fannie Mae/Freddio Mac UNIFORM INSTRUMENT Fes 36-4 2/04 Initials: te d Ellie Mae, Inc. Page 1 of 12 ILEDEDL 0315: ILEDEDL (CLS) 08/04/2017 10:14 AM PST Order: 202401863 Page 4 of 83 Requested By: Zaya Nathan Printed: 6/5/2024 9:32 AM Doe: 1721916084 MTG 08-07-2017 1721916084 Page: 3 of 18 Loan ¢: 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 CrossCountry Mortgage, Inc.. Lender is a Corporation, organized and existing under the laws of ni Lender's address is 6850 Miller Road, Brecksville, 141 ¢ (E) “Note’ ‘means the promissory note signed by Borrower and dated August 4, 2017. The Note THOUSAND EIGHT HUNDRED SEVENTY FIVE AN ID states that Borrower owes Lender TWO HUNDRED TWENTY NOMOO** HELD RAH HARK asda wen Ane Henn ean aaa ERSTE Dollars (U.S. $220,875.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September ({F) “Property” mean property that is described below under the heading “Transfer of Rights in the Property.” due under (G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges the Note, and all sums du@ uhder this Security Instrument, pius interest. are to be (H) “Riders” means all Riders to.this Security Instrument that are executed by Borrower. The following Riders executed by Borrower [check box a ‘applicable}: CO Adjustable Rate Rider Condominium Rices C Second Home Rider U0 Balloon Rider inned Unit Development Rider ix] Other(s) [specify] UO 1-4 Family Rider Ce fweekty Payment Rider Fixed Interest Rate Rider OVA. Rider and {) “Applicable Law’ ” means alt controlling applicable federal, state and local statutes, regulations, ordinances administrative rules and orders (that have the ofted aw) as well as all applicable final, non-appealable judicial opinions, and other charges (J) “Community Association Dues, Fees, and Assessinents” means all dues, fees, assessments or similar that are imposed on Borrower or the Property by a condominium association, homeowners association organization. (K} “Electronic Funds Transfer “ means any transfer of funds; other than a transaction originated by check, draft, or computer, or magnetic similar paper instrument, which is initiated through an e' Jectronic terminal;'telephonic instrument, account. Such term includes, but is tape so as to order, instruct, or authorize a financial institution to debit,or credit an not limited to, point-of-sale transfers, automated teller machine transactions , transfers initiated by telephone, wire transfers, and automated clearinghou se transfers. (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 proceet ds paid under the coverages described’in Section 5) for: (i) damage to, or of the’ Property; (iii) conveyance in tieu destruction of, the Property; (ji) condemnat ion or other taking of all or any part of condemnation; or (iv) misrepresentations of, or omissions as to, the value an d/or condition of the Property. (N) “Mortgage Insurance” means insu rance protecting Lender against the nonpayment Ofor'default on, the Loan. {O) “Periodic Payment” means the regu larly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) ahd’ implementing or any.addition al or regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, As used in this Security Instrument) . RESPA" successor legislation or regulation that governs the same subject matter. refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” everi ifthe Loan does not qualify as a “federally related mortgage loan” under RESPA. i (Q) “Successor in Interest of Borrower" means any party that has taken title to the Property, whetheror not thal arty has assumed Borrower's obligations under the Note and/or this Security Instrument. # Initials: TC ILLINOIS- Sin" gle Family - Fannie Mae/Freddle Mac UNIFORM I INSTRUMENT Form 3014 4/01 TLEDEDL 0315 2e,Jnc. Page 2 of 12 {LEDEDL (CLS) 08/04/2017 10:14 AM PST Order: 202401863 Page 5 of 83 Requested By: Zaya Nathan Printed: 6/5/2024 9:32 AM Doe: 1721916084 MTG 08-07-2017 1721916084 Page: 4 of 18 LOAN +: TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) thes< me Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrows = and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby snd convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the suc: igns of MERS, the following described property located in the County pe risdiction} of Cook [Name of Recording Jurisdiction): SEE LEGAL DESCRIPTION ATTACHED Hi ERETO AND MADE A PART HEREOF AS "EXHIBIT A”. Aen x 02-34-101-043-1040 ¢ » which currently has the addressiof §19 VILLA CIRCLE DR # 34, Palatine, (Street) [City] Mlinois 60067 (Properly Address"); {Zip Code] ces, TOGETHER WITH all the improvements dh ‘OF hereatter erected on the property, and all easements, appurtenan and additions shall also be covered by this Security and fixtures now or hereatter a part of the propérty. All: replacements ” Borrower understands and Instrument. All of the foregoing is referred to in this Security Instrument as the “Property. if necessary agrees that MERS holds only legal title to the interests’ ‘granted by Borrower in this Security Instrument, but, has the right: to successors and assigns) to comply with law or custom, MERS (as nominee for Lender and Lender's and sell the Property; and to take exercise any or all of those interests, including, but not limited to, the right to foreclose to, releasing and canceling this Security Instrument. any action required of Lender including, but not limited the right to BORROWER COVENANTS that Borrower is lawfully seised’ at the estate hereby conveyed and has ed, except for encumbran ces of record. mortgage, grant and convey the Property and that the Property is unencumber the Property ‘against all claims and demands, subject to any Borrower warrants and will defend general lly the title to encumbrances of record. 22m covenants for natio and non-uniform covenants with THIS SECURITY INSTRUMENT combine: limited variations by jurisdiction to constitute a security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: Lat Giarges. Borrower shall pay 4. Payment of Principal, interest, Escrow tems, Prepayment Charges, ana z and any prepaymen t it. charges and late charges when due the principal of, and interest on, the debt evidenced by the Note Section 3. Payments due under the due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Note and this Security Instrument shall be made i in U.S. currency. However, ‘f sny check or other instrument received to Lender ungaid, Lendérttiay require that by Lender as payment under the Note or this Secu rity Instrument is returned any or all subsequent paymentsdue under the Note and tl his Security Instrument be made in one or more. of the following forms, as selected by Lender: (a) cash; (b) money order; {c) certified check, bank check, treasurer's check or-cashier's upon an ins stitution whose deposits are insured by a federal, agency, check, provided any such check is drawn instrumentality, or entity; or (d) Electroni c Funds Transfer. designated in the Note or at such other Payments are deemed received by Lender when re ceived at the focalion s in Section 15, Lender may return any. location as may be designated by Lender in accordance w ith the notice provision ENT Form 3014 1/01 Initials: _ TC _ ILLINOIS - Single Family - Fannio Mae/Freddie Mac UNIFORM INSTRUM Ellie Mae, inc. Page 3 of 12 ILEDEDL 0315 ILEDEDL (CLS) 08/04/2017 10:14 AM PST Order: 202401863 Page 6 of 83 Requested By: Zaya Nathan Printed: 6/5/2024 9:32 AM Doe: 1721916084 MTG 08-07-2017 1721916084 Page: 5 of 18 LOAN +: payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or is not obligated to apply such prejudice to its rights to refuse such payment or partial payments in the future, but Lender If each Periodic Payment is applied as of its scheduled due date, payments at the time such payments are accepted. makes then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower either payment to bring the Lo: an current. If Borrower does not do so within a reasonable period of time, Lender shall funds will be applied to the outstanding principal apply such funds or returt n them to Borrower, If not applied earlier, such ‘alance under the Note i immediately prior to foreclosure. No offset or claim which Borrower might have now or in the from making payments due under the Note and this Security Instrument future against Lender shall relieve Borrower or itforming rf the covenants and agreeme' nts secured by this Security Instrument. ‘2: “Application of Payments or Proc eeds. Except as otherwise described in this Section 2, all payments accepted and applied;by Lender shall be applied in t! he following order of priority: (a) interest due under the Note, (b) principal due under‘th jote; (c) amounts due under Section 3. Such payments shail oe applied to e ach Periodic Payment in the firs! t¢ fate charges, second to any other amounts order in whicl betame due. Any remaining amounts shall be applied due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives-a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount than to pay any late chargedue, the payment may be applied to the delinquent payment and the late charge. If more may apply any payment received from Borrower to the repayment of the one Periodic Payment’is.dutstanding, Lender Periodic Payments if, and tothe extent th at, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full:payment of one or more Periodic Payments, such excess mi ay be applied to any late charges due. Vol luntary prepaymerits shall be applied first to any prepayment charges and then as described in the Note. Note shall Any applicati ion of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the not extend or postpone the due date, of change the amount, of the Periodic Payments. Note, 3. Funds for Escrow lems, Borrower shall l pay to Lender on the day Periodic Payments are due under the ts (a) taxes and assessmen until the Note is paid in full, a sum (the “Fufds”}to provide for payment of amounts due for: this-Securi ty Instrument as a lien or encumbran ce on the Property; (b) and other items which can attain priority Vet’ on the Property, if any; (c) premiums for any and all insurance required by Lender leasehold payments or ground rents ‘ of payable by Borrower to Lender in lieu under Section 5; and (d) Mortgage Insurance prerfiys Wms, if any, or any sums the payment of Mortgage Insurance premiums in act dance with the provisions of Section 10. These items are called the term Loan, Lender may require that Community Association “Escrow Items."At origination or at any time during of the be escrowed by Borrower, and such dues, fees and assessm ents shall be an Dues, Fees, and Assessments, if any, paid under this Section. Borrower Escrow Item. Borrower shall promptly furnish to Lender all notices, of amounts to be obligation to pay the Funds for any or shall pay Lender the Funds for Escrow Item: s unless Lender waives’ Borrower's may waive Borrower's obligation to pay to Lender, Funds for any or all Escrow Items at any time. all Escrow Items. Lender pay directly, when and where payable, Any such waiver may only be in writing. In the event of si uch waiver, Borfower shall Items for which payment t of Funds has*teén waived by Lender and, if Lender requires, the amounts due for any Escrow time period as Lender may require. Borrower's shall furnish to Lender receipts evidencing such payment t within such shall for all purposes be deemer d to be a covenant and obligation to make such payments an d to provide receipts t, as the phrase “covenant and:agre ement” is used in Section 9. If agreement contained in this Security Instrumen and Borrower fails to pay the amount due for Borrower is obligated to pay Escrow Items directly, pursuant to a wai iver, pay such amouht'and Borrower shall then be an Escrow Item, Lender may exercise its rights under Section 9 and Lender may revoke the waiver as to any or all Escrow obligated under Section 9 to repay to Lender rr any such amount. , Borrower shall pay to Items at any time by a notice given in accord jance with Section 15 and, upon such revocation Section 3. Lender all Funds, and in such amounts, that are then required under this Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pe rmit require Lenderto apply the Funds at undePRESPA. Lender the time specified under RESPA, and (b) not to excees d the maximum amount a lender can ates of enfe(idltyres of future shall estimate the amount of Funds due on the basis of current data and reasonable esti Escrow Items or otherwise in accordance with Applicable Law. SS y, instrumentality, or, entity The Funds shall be held in an institution whose deposits are insured by a federa- eeHf Home Loan Bariki‘Lender or in any & {including Lender, if Lender is an institution whose deposits are so insured) shail apply the Funds to pay the E ‘scrow Items no later than the time speci ified under RESPA. Lender shall not ctiarge or verifying the Escrow Iterns; Borrower for holding and applying the Funds, annually analyzing the escrow account, on t he Funds and Applicabl e Law permits Lender to make such a charge. Unless. unless Lender pays Borrower interest ENT Form 3014 1/01 Initials: ILLINOIS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUM ILEDEDL 0315 Ellie Mae, inc. Page 4 of 12 ILEDEDL (CLS) 08/04/2017 10:14 AM PST Order: 202401863 Page 7 of 83 Requested By: Zaya Nathan Printed: 6/5/2024 9:32 AM Doe: 1721916084 MTG 08-07-2017 1721916084 Page: 6 of 18 LOAN #: an agreement is made in writing a7.A22° Fa requires interest to be paid on the Funds. der shall not be required to pay Borrower any interest or es “-Sunds. Borrower and Lender can agree. 1g, however, that interest shall be paid on the Funds. Lend rrower, without charge, an annual act ofthe Funds as required by RESPA, If there is a surplus of Fund: , as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESFA, iid 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 there is a Saficions ‘of Funds held invescrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, crreawer shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but inner & thar{2 monthly payments: Upon payment in full of alll s ums secured by this Security Instrument, Lender shalt promptly refund to GSerrower any Funds held,by.Lender. 4. Charges;'Liens. Borrower shal II pay all taxes, assessments, charges, fines, and impositions attributable to the on the Property, Property which’ can’attain priority over this Security Instrument, leasehold payments or ground rents are Escrow Items, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items Borrower shall pay thi in the manner provided in Section 3. dis charge any lien which has priority over this Security Instrument unless Borrower: (a) Borrower shall promptly, agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing slicti agreement; (b) contests the lien in good faith by, or defends agai inst enforcement of the lien in, legal proceeding: s which’ in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only,dntil such proceedings are concluded; or (c) secures from the holder of the lien an that any part agreement satisfactory to Lender subordinating the lien to this S ecurity Instrument. If Lender determines Lender may give Borrower @ of the Property is subject to a lien which’ can attain priority over this Security Instrument, which that notice is given, Borrower shall satisfy the lien or take notice identifying the lien. Within 10 days of the.date on one or more of the actions set forth above’in-this Section 4. service used Lender may require Borrower to pay a one-titne charge for a real estate tax verification and/or reporting by Lender in connection with this Loan. §. Property Insurance. Borrower shall keep th: provements now existing or hereafter erected on the Property insured against loss by fire, hazards included wit the feim "extended coverage,” and any other hazards including, shall be maintained in but not limited to, earthquakes and ficods, for which Lender requires insurance. This insurance What Lender requires pursuant to the amounts (incising deductible levels) and for the periods.that Lender requires. the insurance shall the preceding senitenzes can change curing ihe term of the Loan,,The insurance carrier which providing right shall not be exercised be chosen by Berrower subject to Lerder’s right to disapprov e Borrower's choice, to pay, in connection with this Loan, either: (a) a one-time charge for flood unreasonably. Lendar may require Borrower