Preview
Hearing Date: 8/12/2024 2:00 PM
Location: Court Room 2809
Judge: Brooks, Lloyd James
FILED
6/13/2024 1:45 PM
"THIS IS AN ATTEMPT TO COLLECTA DEBT AND ANY INFORMATI®O6$#6 Y. MARTINEZ
OBTAINED WILL BE USED FOR THAT PURPOSE" CIRCUIT CLERK
W24-0222 COOK COUNTY, IL
2024CH05577
42463
Calendar, 57
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 28105798
COUNTY DEPARTMENT, CHANCERY DIVISION
KeyBank National Association;
Plaintiff,
vs. Case No.
2024CH05577
Majd Kanbour; Rula Martini; Unknown Owners and Non 10921 Royal Oaks Lane, Orland Park, IL
Record Claimants; 60467
Defendants.
COMPLAINT TO FORECLOSE MORTGAGE
Now comes Plaintiff, by its attorneys, The Wirbicki Law Group LLC and, pursuant to 735 ILCS
5/15-1101 et seq., alleges the following cause of action for foreclosure:
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, pursuant to 735 ILCS
5/15-1101 et seq. of the Illinois Code of Civil Procedure, and joins persons named in the caption
as "Defendants", as parties hereto.
Majd Kanbour; Rula Martini; Unknown Owners and Non Record Claimants;
Attached as "Exhibit A" is a true copy of the Mortgage. Attached as "Exhibit B" is a true copy of
the Note secured thereby.
Information concerning mortgage:
(A) Nature of instrument: Mortgage
(B) Date of mortgage: February 8, 2022
(C) Name of Mortgagor or Grantors: Majd Kanbour and Rula Martini
(D) Name of Mortgagee, trustee or grantee in the Mortgage: KeyBank National Association
©) Date and place of recording: February 17, 2022/Cook County Recorder of Deeds
(F) Identification of recording: Document No. 2204845060
(G) Interest subject to the Mortgage: Fee Simple
(A) Amount of original indebtedness including subsequent advances made under the
Mortgage: $1,012,500.00
@ Capacity in which Plaintiff brings this foreclosure:
Plaintiff is the Mortgagee pursuant to 735 ILCS 5-15-1208.
” Legal description and the common address:
LOT 10 IN ROYAL OAKS ESTATES, BEING A SUBDIVISION OF PART OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 12 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
C/K/A: 10921 Royal Oaks Lane, Orland Park, IL 60467
PIN: 27-08-107-009-0000
(K) Statement as to defaults and amount now due:
The mortgagor(s) has/have not paid the monthly installments due under the Note for
January 1, 2024 through the present. The current unpaid principal balance is
$909,651.28, plus accrued interest, and other charges per the subject mortgage and note.
The per diem rate of interest on this loan is $62.30.
() Name of present owners of the real estate: Majd Kanbour and Rula Martini
(M) 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:
None
(N) Names of defendants claimed to be personally liable for deficiency, if any, unless
personal liability is discharged in a Bankruptcy proceeding, or otherwise released:
Majd Kanbour
(0) Plaintiff seeks to include in the Judgment the Plaintiff's attorneys’ fees, costs and
expenses.
(P) 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:
Majd Kanbour; Rula Martini
Plaintiff alleges that in addition to persons designated by name herein and the Unknown
Defendants referred to above, there are other persons, and/or non-record claimants who are
interested in this action and who have or claim some right, title, interest or lien in, to or upon the
real estate, or some part thereof, in this Complaint described, including but not limited to the
following:
UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, IF ANY.
That the name of each of such persons is unknown to the Plaintiff and on diligent inquiry cannot
be ascertained, and all such persons are therefore made party defendants to this action by the
name and description of UNKNOWN OWNERS and NON-RECORD CLAIMANTS.
That should a deficiency result from the foreclosure sale of the subject property, Plaintiff may
seek an In Personam or an In Rem deficiency judgment, unless the defendant(s) which are liable
on the subject mortgage note have had personal liability on said note discharged in a Bankruptcy
proceeding or if said liability has been otherwise discharged or released.
That should the subject property be vacant, the Plaintiff may seek to have the Court find that the
property is abandoned pursuant to 735 ILCS 5/15-1603, Illinois Code of Civil Procedure.
That the Plaintiff may seek appointment of a Mortgagee in Possession or appointment of a
Receiver.
WHEREFORE, PLAINTIFF REQUESTS:
A judgment of foreclosure and sale.
A judgment for attorneys' fees, costs and expenses.
An Order Approving the Foreclosure Sale and an Order granting possession.
An In Personam or an In Rem Deficiency Judgment, if sought, unless defendant(s) have
had personal liability on the subject mortgage note discharged in a Bankruptcy
proceeding, or otherwise released.
An Order granting a shortened redemption period, if authorized by law.
An Order placing the mortgagee in possession or appointing a receiver, if and when
sought.
Enforcement of its assignment of rents derived from said real estate.
Such other relief as equity may require, including, but not limited to, declaratory and
injunctive relief.
ADDITIONAL REQUEST FOR RELIEF
Plaintiff also requests that the judgment for foreclosure or other orders entered herein provide for
the following:
@ A sale by public auction.
Q) Acash sale by open bid.
(3) A provision that the SHERIFF OF COOK a special commissioner or other officer shall
conduct the sale for a reasonable fee, which fee shall be recoverable by Plaintiff in the
event of redemption.
4) Title in the real estate may be subject, at the sale, to exceptions including general real
estate taxes for the current year and for preceding years which have not become due and
payable as of the date of entry of the judgment of foreclosure, any special assessments
upon real estate, and easements and restrictions of record.
(6) 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 the sale.
©) That the plaintiff be entitled to recover in any reinstatement or redemption, any
additional taxes paid, or advances paid for insurance, inspection, boarding and securing
said premises, or other expenses to preserve and protect said security.
Plaintiff,
KeyBank National Association
By. /s/Russell C. Wirbicki
One of Plaintiff's Attorneys
Russell C. Wirbicki (6186310)
Christopher J. Irk (6300084)
Cory J. Harris (6319221)
Tracey M. Coons (6311050)
The Wirbicki Law Group LLC
Attomey for Plaintiff
33 W. Monroe St., Suite 1540
Chicago, IL 60603
Phone: 312-360-9455
Atty. No. 42463
W24-0222
pleadings.il@wirbickilaw.com
Exhibit A
Illinois Anti-Predatory
Lending Database Doc#. 2204845060 Fee: $98.00
Karen A. Yarbrough
Cook County Clerk
Date: 02/17/2022 03:34 PM Pg: 1 of 14
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Report M age Fraud
844-768. 13
The property identifie PIN: 27-08-107-009-0U00
Address:
Street: 10921 Royal O. ine
Street line 2:
City: Orland Park ‘State IL ZIP Code: 60467
Lender, Key8ank National Association
Borrower: Majd Kanbour and Rula Martini
Loan / Mortgage Amount: $1,012,500.00
This property Is located within the program area and tho transaction is exornpt from the requirements of 765 ILCS 77/70
et seq. because the application was taken by an exempt entity or person,
Certiticate number: ee Execution date: 2/8/2022
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After Recording Return To:
KeyBank National Association
ATTN: M/¢: OH-01-51-KBMO
4910 Tiedeman Rd
Brooklyn, OH 44144
Thisdpstrument Prepared By:
Bri’ iy Samuel
KeyBapk National Association
4910 Tiedeman Rd, OH-01-S1~
KBNO
Brooklyn, OH 44144
[Space Abave This Line For Recording Datal
MORTGAGE
RANBO
Loan tk
PIN:
MIN:
MERS Phone: 1-888-679-6377
DEFINITIONS es
Words used in multiple seations of this document are defined, low and ather words are defined in Sections 3, 11, 13, 18, 20
and 21, Certain rules regarding the usage of words used in thi iment are also provided in Section 16.
(A) "Security Instrument" means this document, which is ted Webruary 8, 2022, together with all Riders to this
document.
(B) "Borrower" is MAID KANBOUR and RULA MARTINI Bariowe the mortgagor undér this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS isaé Separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns, MERS fy the mortgi under this Security Instrument. MERS is
organized and existing under the laws of Delaware, and has an address and téléphone number of P.O. Box 2026, Flint, MI
48501-2026, tel. (888) 679-MERS.
(D) "Lender" is KeyBank National Association, Lender is a Nationa: ‘Asgociation organized and existing
under the laws of [HE UNITED STATES, Lender's address is 127 Public Square,; leveland, OH 44114-
1306,
(E) "Note" means the promissory note signed by Borrower and dated February 8, 2022 te states that Borrower
owes Lender One Million Twelve Thousand Five Hundred And 00/100 Do (U.5..$1.,012, 500.00)
plus interest at the rate of 2, 800%, Borrower has promised to pay this debt in regular Periodic Paymepts, and to pay the debt
in full not later thanMarch 1, 2037. ‘sa
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property,
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges dué ¢ the Note,
and all sums due under this Security Instrument, plus interest.
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{H) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to be
executed by Borrower [check box as applicable]:
DAdjustable Rate Rider CCondominium Rider O Second Home Rider
GBalloon Rider (Planned Unit Development Rider O Biweekly Payment Rider
1-4 Family Rider 1 Other(s) [specify]
te YY Applicable
Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
adi iitiniistrative Tules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
ayimpos‘Cofhmunity
nh
Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
irgower or the Property by a condominium association, homeowners association or similar organization.
that are
(K) "Electronic Funds Ti sfer" means any transfer of funds, other than a transaction originated by check, draft, of similar
paper instrumentywhich i tiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to
order, instruct, orauthorize a financial institution to debit or oredit an account. Such term includes, but is not limited to, point-
of-sale transfers, aiiton teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfe
{L.) "Escrow Items" meai s Miose items that are described in Section 3.
(M) "Miscellancous Procecds!t’me ns any compensation, settlement, award of damages, or proceeds paid by any third party
(other than insurance proceeds p; under the coverages described in Section 5) for: (i) damage to, or destruction of, the
Property; (ii) condemnation or oth king of all or any part of the Property; (iti) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions a8’ to, the-value and/or condition of the Property,
QN) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) "Periodic Payment" means the regularly. sche: led amount due for (i) principal and interest under the Note, plus (ii) any
amounts under Section 3 of this Security Instrume
(P) "RESPA" means the Real Estate Settlement Pr; codyres Act (12 U.S.C, §2601 ot seq.) and its implementing regulation,
Regulation X (12 CF.R. Part 1024), as they might be a nded from time to time, or any additional or successor legislation or
regulation that governs the same subject matter, As used:ia, ‘is Security Instrument, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related: rtgage loan" even if the Loan does not qualify as a "federally
related mortgage loan" under RESPA, oo,
(Q) "Successor in Interest of Borrower" means any party that ha, fen title to the Property, whether or not that party has
assumed Borrower's obligations under the Note and/or this Security I Eran
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, anda Fepewals, extensions and modifications of
the Note; and (ii) the performance of Borrower's covenants and agreements under this"Security Instrument and the Note. For
this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely ag, nominee for Lender and Lender's
successors and assigns) and to the successors and assigns of MERS the following described ty located in the counry of
Cook;
See attached Exhibit/Schedule A
which currently
has the address of 10921 ROYAL OAKS LANE, Orland. Park, IL 60467 (" perty Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easéinents, ¢ uurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by is Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understar s:and agrees
that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if neces: o-comply
with law or custom, MERS (as nominee for Lender and Lendet’s stigcessors and assignis) hag the right: to exercise any. of
those interests, ineluding, but not limited to, the right to foreclose and sell the Property; and to take any action req
Lender including, but not limited to, releasing and canoeling this Security Instrument,
ILLINOIS-gingle Family-Pannie Mae/Freddie Mae UNIFORM INSTRUMENT
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BORROWER COVENANTS
a
that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Dorrower
warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of
record,
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
ited ariations by jurisdiction to constitute a uniform security instrument covering real propesty,
"hae
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
‘
Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when’due the‘principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due
under the No rower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
Security Instrurhentshall be made in U.S. currency, However, if any check or other instrument received by Lender as payment
under the Note vis Security Instrument is returned to Lender unpaid, Lender may require that any or all Subsequent
payments due und te and this Security Instrument be made in one or more of the following forms, as selected by
Lender: (a) cash; (b) ind ‘der; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an it jon whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
Funds Transfer.
Payments are decmed re ved by Lender when received at the location designated in the Note or at such other
tocation as may be designated by-lsertder in accordance with the notice provisions in Section 15, Lender may return any
payment or partial payment if the paythient.ar partial payments are insufficient to bring the Loan current, Lender may accept
any payment or partial payment insufficient to brin; g the Loan current, without waiver of any rights hereunder or prejudice to
its rights to refuse such payment or partial’pi ents in the future, but Lender is not obligated to apply such payments at the
time such payments are accepted. If cach Per ‘Payment is applicd as of its scheduled duc date,, then Lender need not pay
interest on unapplied funds. Lender may hold such-andpplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of tim ender shall either apply such finds or return them to Borrower, If
not applied earlier, such funds’ will be applied to the ust ‘anding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might tiow or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Securit; 'y Instrtitieht.or performing the covenants and agreements secured by this
Security Instrument,
2. Application of Payments or Proceeds, Except as othe! scribed in this Section 2, all payments accepted and
applied by Lender shall be applied in the following order of priority: (a) ‘ifiterest due under the Note; (b) principal due under the
Note; (c) amounts due under Section 3. Such payments shall be applic do ¢ tet Periodic Payment in the order in which it
hecame due. Any remaining amounts shall be applied first to late charges, ee any other amounts due under this Security
Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Baymehit which includes a sufficient amount to
pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic «
Payment is outstanding, Lender may apply any paytnent received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid in full, To the extent that any excess existsa © payment is applied to the
full payment df one or more Periodic Payments, such excess may be applied to any late charg ine, Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note. *
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due, v the Note shall not
extend or postpone the due date, or change the amount, of the Periodic Payments,
*oa
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due tinder-the Note, until
the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and asses: ents and other
items which can attain priority over this Security Instrument as a fien or encumbrance on the Property; (b) leaseli ayments
or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section: nd (d)
Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Morfgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Esctaw Items." At original
at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any’
be escrowed by Borrower, and such ducs, fees and assessments shall be xn Escrow Item. Borrower shall promptly furnish to
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Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
a
Lender waives Borrawer's obligation to pay the Funds for any or all Escrow Items, Lender may waive Barrawer's obligation to
pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
‘unds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within
h time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
btixposes be deemed to be a covenant and agrecment contained in this Security Instrument, as the phrase “covenant and
agra ement” isi used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower
fale to: pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower.shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any
or all Escrow? ‘tems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
to Lender afl Finds, and in such amounts, that are then required under this Section 3,
Lendér milly, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the
time specified undey RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall
estimate the amount’6fFunds due on the basis of current 'data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordaiice’ with Applicable Law. I
The Funds shalt beitisld in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender ii aii institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
apply the Funds to pay the Escrow:ttems no later than the time specified under RESPA, Lender shall not charge Borrower for
holding and applying the Funds, arity y analyzing the escrow account, or verifying the Escrow Items, unless Lender pays
Borrower interest on the Funds andApplieable Law permits Lender to make such a charge, Unless an agreement is made in
writing, ot Applicable Law requires inter obs paid on the Funds, Lender shall not be required to pay Borrower any interest
or earnings on the Funds, Borrower and L: an agree in writing, however, that interest shall be paid on the Funds, Lender
shall give to Borrower, without charge, an am counting of the Funds as required by RESPA.
If there iis a surplus of Funds held in es¢ rw; as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a’ sho¢tiige of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than 12 monthly | pa s, If there is a deficiency of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by SPA, and Borrower shall pay to Lender the amount necessary to
make up the deficiency in accordance with RESPA, but in no m ‘an 12 monthly payments,
Upon payment in full of all sums secured by this Securit ument, Lender shall promptly refund to Borrower any
Funds held by Lender
4, Charges; Liens. Borrower shall pay all taxes, assessments, 8, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehol vents or ground rents on the Property, if any,
and Community Association. Dues, Fees, and Assessments, if any. To the exte : it these items are Escrow Items, Borrower
shall pay them in the manner provided in Section 3, t wh
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower! (a)
agrees in writing to the payment of the obligation seoured by the lien in 2 manner acceptable t to Lender, but only so long as
Borrower is performing such agreement; (b) contests thé lien in good faith by, or defends*a: nforcement of the lien in,
legal proceedings which in Lender's opinion operate to prevent the enforcement of the Iie hile those proceedings are
pending, but only until such proceedings are concluded; or (c) secures from the holder of the Ii i | agreement satisfactory to
ender subordinating the lien to this Security Instrument’ If Lender determines that any part of the ‘Propel is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying # lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions setforth above in
this Section 4.
Lender may require Borrower ¢o pay a one-time charge for a real estate tax verification and/or Teporting’S¢rvice used
by Lender in connection with this Loan.
5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the ¢
insured against loss by fire, hazards included within the term " “extended coverage, “ane any other hazards including, ‘bur ‘hot
limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts
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(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences can change during the term of the Loan. The insurance carrier providing the insuratice shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower ta pay, in connection with this Loan, cither: (a) a one-time charge for flood zone determination, certification and
tracking services; or (b) 4 one-time charge for flood zone determination and certification services and subsequent charges each
time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with
" ne teview of any fload zone determination resulting from an objection by Borrower,
Tf Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lendél’s option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage..
Theréfare, such:coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or
the contents ofthe Property, against any risk, hazard or liability and might provide greater or lesser coverage than was
previously in effec! Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurancé:-that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become
additional debt of Bo wer secured by this Security Instrument. These amounts shall bear interest at the Note rate from the
date of disbursement ani be payable, with such interest, upon notice from Lender to Borrower requesting payment,
All insurance .tequired by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall yéludg a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional
loss payee. Lender shall have the right to hold the policies and renewal certificates, If Lender requires, Bortower shall promptly
give to Lender all receipts of paid-pigmiums and renewal notices. If Borrower obtains any form of insurance coverage, not
otherwise required by Lender, for dattiage.ta, or destruction of, the Property, such policy shall include a standard mortgage
clause and shall name Lender as mortgagee and/or as an additional logs payee.
In the event of loss, Borrower sha prompt notice to the insurance carrier and Lender, Lender may make proof of
loss if uot made promptly by Borrower, Unlé Lender and Borrower otherwise agree in writing, any insurance proceeds,
‘whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's'security is not lessened, During such repair and restoration period,
Lender shall have the right ta hold such insurance proéeeds until Lender has had an opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfa provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restorationg single paymont or in a series of progress payments as the
“ork is completed. Unless an agreement is made in writing or licable Law requires interest to be paid on such insurance
proceeds, Lender shalt not be required to pay Borrower any interest’ ings on such proceeds, Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of th rance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whe x not then duc, with the cacess, ifany, paid
ta Borrower, Such insurance proceeds shall be applied in the order provided for in: tion 2,
If Borrower abandons the Property, Lender may file, negotiate and settlé available insurance claim and related
matters, If Borrower does not respond within 30 days to 2 notice from Lender that the insurance carrier has offered to settle'a
claim, then Lender may negotiate and settle the clatm, The 30-day period will begin when thenotice is given. In either event,
or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns'ta nder (a) Borrower's rights to
any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or thi ecurity Instrument, and (b) any
other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrwer) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property 2 . Lender may use the
insurance proceeds either to repair or restore the Property or to pay amounts unp: aid under the Note or thi is Security Instrument,
whether or not then due.
6, Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal res within 60
days after the execution of this Security Instrument and shall continue to occupy the Propeity as Borrower's prini hresidence
for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent's! mot be
unreasonably withheld, or unless extenuating circurnstances exist which are beyond Borrower's control, ty
7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shall not destroy, da
impair the Property, allow the Property to deteriorate or commit waste on the Property, Whether or not Borrower is residing in’
TLLINOIS-Single Famity-Fannie Mac/Freddie Mae UNITORM INSTRUMENT
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the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,
Borrower shall promptly repair the Property if damaged to avoid further deterioration ar damage. If insurance or condemnation
proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs
and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or
“hs condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for
the Sompletion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lehde Shay inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior
to suclf'an r inspection specifying such reasonable cause.
8, Boi ver's Loan Application. Borrower shall be in default if, during the Loatt application process, Borrower or
any persons of entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,
tisleading, or inui ate information or statements to Lender (or failed to provide Lender with material information) in
connection with thé Loan, Materia! representations include, but are not limited to, representations concerning Borrower's
occupancy of the Propeity: 48.Borrower's principal residence,
9. Protection of Lehider's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants.and agreements contained in this Security Instrument, (b) there is a legal proceeding that might
significantly affect Lender's intergt.in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnatign.or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for
whatever is reasonable or appropriate to‘protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the va the Property, and securing and/or repairing the Property. Lender's actions can
include, but are not limited to: (a) paying any slings secured by a lien which has priority over this Security Instrument; (b)
appearing in court; and (c) paying reasonable attotheys' fees to protect its interest in the Property and/or rights under this
Security Instrument, including its secured position‘in abankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change! lock: eplace or board up doors and windows, drain water from pipes,
eliminate building or other code violations or dangerous co! ions, and have utilities turned on or off, Although Lender may
take action under this Section 9, Lender does not have to dg sod not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authori Under this Section 9,
Any amounts disbursed by Lender under this Section 9 slvil become additional debt of Borrower secured by this.
Sccutity Instrument. These amounts shat! bear interest at the Note rate-tam the.date of disbursement and shall be payable, with
such interest, upon notice from Lender to Borrower requesting payment. i4 3
et
If this Security Instrument is on a leasehold, Borrower shall comp! all the provisions of the lease, Borrower
shall not surrender the leasehold estate and interests herein conveyed or termini er.cancel the ground lease. Bo
Preview
Hearing Date: 8/12/2024 2:00 PM Location: Court Room 2809 Judge: Brooks, Lloyd James FILED 6/13/2024 1:45 PM "THIS IS AN ATTEMPT TO COLLECTA DEBT AND ANY INFORMATI®O6$#6 Y. MARTINEZ OBTAINED WILL BE USED FOR THAT PURPOSE" CIRCUIT CLERK W24-0222 COOK COUNTY, IL 2024CH05577 42463 Calendar, 57 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 28105798 COUNTY DEPARTMENT, CHANCERY DIVISION KeyBank National Association; Plaintiff, vs. Case No. 2024CH05577 Majd Kanbour; Rula Martini; Unknown Owners and Non 10921 Royal Oaks Lane, Orland Park, IL Record Claimants; 60467 Defendants. COMPLAINT TO FORECLOSE MORTGAGE Now comes Plaintiff, by its attorneys, The Wirbicki Law Group LLC and, pursuant to 735 ILCS 5/15-1101 et seq., alleges the following cause of action for foreclosure: 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, pursuant to 735 ILCS 5/15-1101 et seq. of the Illinois Code of Civil Procedure, and joins persons named in the caption as "Defendants", as parties hereto. Majd Kanbour; Rula Martini; Unknown Owners and Non Record Claimants; Attached as "Exhibit A" is a true copy of the Mortgage. Attached as "Exhibit B" is a true copy of the Note secured thereby. Information concerning mortgage: (A) Nature of instrument: Mortgage (B) Date of mortgage: February 8, 2022 (C) Name of Mortgagor or Grantors: Majd Kanbour and Rula Martini (D) Name of Mortgagee, trustee or grantee in the Mortgage: KeyBank National Association ©) Date and place of recording: February 17, 2022/Cook County Recorder of Deeds (F) Identification of recording: Document No. 2204845060 (G) Interest subject to the Mortgage: Fee Simple (A) Amount of original indebtedness including subsequent advances made under the Mortgage: $1,012,500.00 @ Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee pursuant to 735 ILCS 5-15-1208. ” Legal description and the common address: LOT 10 IN ROYAL OAKS ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. C/K/A: 10921 Royal Oaks Lane, Orland Park, IL 60467 PIN: 27-08-107-009-0000 (K) Statement as to defaults and amount now due: The mortgagor(s) has/have not paid the monthly installments due under the Note for January 1, 2024 through the present. The current unpaid principal balance is $909,651.28, plus accrued interest, and other charges per the subject mortgage and note. The per diem rate of interest on this loan is $62.30. () Name of present owners of the real estate: Majd Kanbour and Rula Martini (M) 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: None (N) Names of defendants claimed to be personally liable for deficiency, if any, unless personal liability is discharged in a Bankruptcy proceeding, or otherwise released: Majd Kanbour (0) Plaintiff seeks to include in the Judgment the Plaintiff's attorneys’ fees, costs and expenses. (P) 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: Majd Kanbour; Rula Martini Plaintiff alleges that in addition to persons designated by name herein and the Unknown Defendants referred to above, there are other persons, and/or non-record claimants who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, including but not limited to the following: UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, IF ANY. That the name of each of such persons is unknown to the Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS and NON-RECORD CLAIMANTS. That should a deficiency result from the foreclosure sale of the subject property, Plaintiff may seek an In Personam or an In Rem deficiency judgment, unless the defendant(s) which are liable on the subject mortgage note have had personal liability on said note discharged in a Bankruptcy proceeding or if said liability has been otherwise discharged or released. That should the subject property be vacant, the Plaintiff may seek to have the Court find that the property is abandoned pursuant to 735 ILCS 5/15-1603, Illinois Code of Civil Procedure. That the Plaintiff may seek appointment of a Mortgagee in Possession or appointment of a Receiver. WHEREFORE, PLAINTIFF REQUESTS: A judgment of foreclosure and sale. A judgment for attorneys' fees, costs and expenses. An Order Approving the Foreclosure Sale and an Order granting possession. An In Personam or an In Rem Deficiency Judgment, if sought, unless defendant(s) have had personal liability on the subject mortgage note discharged in a Bankruptcy proceeding, or otherwise released. An Order granting a shortened redemption period, if authorized by law. An Order placing the mortgagee in possession or appointing a receiver, if and when sought. Enforcement of its assignment of rents derived from said real estate. Such other relief as equity may require, including, but not limited to, declaratory and injunctive relief. ADDITIONAL REQUEST FOR RELIEF Plaintiff also requests that the judgment for foreclosure or other orders entered herein provide for the following: @ A sale by public auction. Q) Acash sale by open bid. (3) A provision that the SHERIFF OF COOK a special commissioner or other officer shall conduct the sale for a reasonable fee, which fee shall be recoverable by Plaintiff in the event of redemption. 4) Title in the real estate may be subject, at the sale, to exceptions including general real estate taxes for the current year and for preceding years which have not become due and payable as of the date of entry of the judgment of foreclosure, any special assessments upon real estate, and easements and restrictions of record. (6) 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 the sale. ©) That the plaintiff be entitled to recover in any reinstatement or redemption, any additional taxes paid, or advances paid for insurance, inspection, boarding and securing said premises, or other expenses to preserve and protect said security. Plaintiff, KeyBank National Association By. /s/Russell C. Wirbicki One of Plaintiff's Attorneys Russell C. Wirbicki (6186310) Christopher J. Irk (6300084) Cory J. Harris (6319221) Tracey M. Coons (6311050) The Wirbicki Law Group LLC Attomey for Plaintiff 33 W. Monroe St., Suite 1540 Chicago, IL 60603 Phone: 312-360-9455 Atty. No. 42463 W24-0222 pleadings.il@wirbickilaw.com Exhibit A Illinois Anti-Predatory Lending Database Doc#. 2204845060 Fee: $98.00 Karen A. Yarbrough Cook County Clerk Date: 02/17/2022 03:34 PM Pg: 1 of 14 gs Sty hy > ¥ i ad RNLe <— Report M age Fraud 844-768. 13 The property identifie PIN: 27-08-107-009-0U00 Address: Street: 10921 Royal O. ine Street line 2: City: Orland Park ‘State IL ZIP Code: 60467 Lender, Key8ank National Association Borrower: Majd Kanbour and Rula Martini Loan / Mortgage Amount: $1,012,500.00 This property Is located within the program area and tho transaction is exornpt from the requirements of 765 ILCS 77/70 et seq. because the application was taken by an exempt entity or person, Certiticate number: ee Execution date: 2/8/2022 = Non-Order Search Page 1 of 14 Requested By: firstam02, Printed: 5/11/2024 10:00 AM Doc: 2204845060 2204845060 Page: 2 of 14 After Recording Return To: KeyBank National Association ATTN: M/¢: OH-01-51-KBMO 4910 Tiedeman Rd Brooklyn, OH 44144 Thisdpstrument Prepared By: Bri’ iy Samuel KeyBapk National Association 4910 Tiedeman Rd, OH-01-S1~ KBNO Brooklyn, OH 44144 [Space Abave This Line For Recording Datal MORTGAGE RANBO Loan tk PIN: MIN: MERS Phone: 1-888-679-6377 DEFINITIONS es Words used in multiple seations of this document are defined, low and ather words are defined in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in thi iment are also provided in Section 16. (A) "Security Instrument" means this document, which is ted Webruary 8, 2022, together with all Riders to this document. (B) "Borrower" is MAID KANBOUR and RULA MARTINI Bariowe the mortgagor undér this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS isaé Separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns, MERS fy the mortgi under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and téléphone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is KeyBank National Association, Lender is a Nationa: ‘Asgociation organized and existing under the laws of [HE UNITED STATES, Lender's address is 127 Public Square,; leveland, OH 44114- 1306, (E) "Note" means the promissory note signed by Borrower and dated February 8, 2022 te states that Borrower owes Lender One Million Twelve Thousand Five Hundred And 00/100 Do (U.5..$1.,012, 500.00) plus interest at the rate of 2, 800%, Borrower has promised to pay this debt in regular Periodic Paymepts, and to pay the debt in full not later thanMarch 1, 2037. ‘sa (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property, (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges dué ¢ the Note, and all sums due under this Security Instrument, plus interest. ILLANOIS-Single Family-Fannie Mae/Freditie Mae UNIFORM INSTRUMENT 323. are Loti? Form 3014 1/01 Non-Order Search Page 2 of 14 Requested By: firstam02, Printed: 5/11/2024 10:00 AM Doc: 2204845060 2204845060 Page: 3 of 14 a {H) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to be executed by Borrower [check box as applicable]: DAdjustable Rate Rider CCondominium Rider O Second Home Rider GBalloon Rider (Planned Unit Development Rider O Biweekly Payment Rider 1-4 Family Rider 1 Other(s) [specify] te YY Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adi iitiniistrative Tules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. ayimpos‘Cofhmunity nh Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges irgower or the Property by a condominium association, homeowners association or similar organization. that are (K) "Electronic Funds Ti sfer" means any transfer of funds, other than a transaction originated by check, draft, of similar paper instrumentywhich i tiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, orauthorize a financial institution to debit or oredit an account. Such term includes, but is not limited to, point- of-sale transfers, aiiton teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfe {L.) "Escrow Items" meai s Miose items that are described in Section 3. (M) "Miscellancous Procecds!t’me ns any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds p; under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or oth king of all or any part of the Property; (iti) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions a8’ to, the-value and/or condition of the Property, QN) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly. sche: led amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrume (P) "RESPA" means the Real Estate Settlement Pr; codyres Act (12 U.S.C, §2601 ot seq.) and its implementing regulation, Regulation X (12 CF.R. Part 1024), as they might be a nded from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used:ia, ‘is Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related: rtgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA, oo, (Q) "Successor in Interest of Borrower" means any party that ha, fen title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security I Eran TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, anda Fepewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this"Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely ag, nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described ty located in the counry of Cook; See attached Exhibit/Schedule A which currently has the address of 10921 ROYAL OAKS LANE, Orland. Park, IL 60467 (" perty Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easéinents, ¢ uurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by is Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understar s:and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if neces: o-comply with law or custom, MERS (as nominee for Lender and Lendet’s stigcessors and assignis) hag the right: to exercise any. of those interests, ineluding, but not limited to, the right to foreclose and sell the Property; and to take any action req Lender including, but not limited to, releasing and canoeling this Security Instrument, ILLINOIS-gingle Family-Pannie Mae/Freddie Mae UNIFORM INSTRUMENT Ex 323. Page 2 of 12 Form 30£4 141 Nor-Order Search Page 3 of 14 Requested By: firstam02, Printed: 5/11/2024 10: co aM Doc: 2204845060 2204845060 Page: 4 of 14 BORROWER COVENANTS a that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Dorrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with ited ariations by jurisdiction to constitute a uniform security instrument covering real propesty, "hae UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: ‘ Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when’due the‘principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the No rower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrurhentshall be made in U.S. currency, However, if any check or other instrument received by Lender as payment under the Note vis Security Instrument is returned to Lender unpaid, Lender may require that any or all Subsequent payments due und te and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) ind ‘der; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an it jon whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are decmed re ved by Lender when received at the location designated in the Note or at such other tocation as may be designated by-lsertder in accordance with the notice provisions in Section 15, Lender may return any payment or partial payment if the paythient.ar partial payments are insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to brin; g the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial’pi ents in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If cach Per ‘Payment is applicd as of its scheduled duc date,, then Lender need not pay interest on unapplied funds. Lender may hold such-andpplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of tim ender shall either apply such finds or return them to Borrower, If not applied earlier, such funds’ will be applied to the ust ‘anding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might tiow or in the future against Lender shall relieve Borrower from making payments due under the Note and this Securit; 'y Instrtitieht.or performing the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds, Except as othe! scribed in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) ‘ifiterest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applic do ¢ tet Periodic Payment in the order in which it hecame due. Any remaining amounts shall be applied first to late charges, ee any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Baymehit which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic « Payment is outstanding, Lender may apply any paytnent received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full, To the extent that any excess existsa © payment is applied to the full payment df one or more Periodic Payments, such excess may be applied to any late charg ine, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. * Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due, v the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, *oa 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due tinder-the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and asses: ents and other items which can attain priority over this Security Instrument as a fien or encumbrance on the Property; (b) leaseli ayments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section: nd (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Morfgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Esctaw Items." At original at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any’ be escrowed by Borrower, and such ducs, fees and assessments shall be xn Escrow Item. Borrower shall promptly furnish to ILLIN ots Single Family-Fannie Mae/Freddie Mac UNIFORM INSTI RUMENT ex 3. Page 3 of 12 Form 3014 VOL Nor-Order Search Page 4 of 14 Requested By: firstam02, Printed: 5/11/2024 10:00 AM Doc: 2204845060 2204845060 Page: 5 of 14 Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless a Lender waives Borrawer's obligation to pay the Funds for any or all Escrow Items, Lender may waive Barrawer's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of ‘unds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within h time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all btixposes be deemed to be a covenant and agrecment contained in this Security Instrument, as the phrase “covenant and agra ement” isi used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fale to: pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower.shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow? ‘tems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender afl Finds, and in such amounts, that are then required under this Section 3, Lendér milly, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified undey RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount’6fFunds due on the basis of current 'data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordaiice’ with Applicable Law. I The Funds shalt beitisld in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender ii aii institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow:ttems no later than the time specified under RESPA, Lender shall not charge Borrower for holding and applying the Funds, arity y analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds andApplieable Law permits Lender to make such a charge, Unless an agreement is made in writing, ot Applicable Law requires inter obs paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and L: an agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an am counting of the Funds as required by RESPA. If there iis a surplus of Funds held in es¢ rw; as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a’ sho¢tiige of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly | pa s, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by SPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no m ‘an 12 monthly payments, Upon payment in full of all sums secured by this Securit ument, Lender shall promptly refund to Borrower any Funds held by Lender 4, Charges; Liens. Borrower shall pay all taxes, assessments, 8, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehol vents or ground rents on the Property, if any, and Community Association. Dues, Fees, and Assessments, if any. To the exte : it these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3, t wh Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower! (a) agrees in writing to the payment of the obligation seoured by the lien in 2 manner acceptable t to Lender, but only so long as Borrower is performing such agreement; (b) contests thé lien in good faith by, or defends*a: nforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the Iie hile those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the Ii i | agreement satisfactory to ender subordinating the lien to this Security Instrument’ If Lender determines that any part of the ‘Propel is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying # lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions setforth above in this Section 4. Lender may require Borrower ¢o pay a one-time charge for a real estate tax verification and/or Teporting’S¢rvice used by Lender in connection with this Loan. 5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the ¢ insured against loss by fire, hazards included within the term " “extended coverage, “ane any other hazards including, ‘bur ‘hot limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts ILLINOIS.Single Family Fannte Mae/Freddie Mac UNIFORM INSTRUMENT. EH 323.50 Page 4 of12 Form 3014 1/91 Non-Order Search Page § of 14 Requested By: firstam02, Printed: 5/11/2024 10:00 AM Doc: 2204845060 2204845060 Page: 6 of 14 a (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insuratice shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower ta pay, in connection with this Loan, cither: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) 4 one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with " ne teview of any fload zone determination resulting from an objection by Borrower, Tf Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lendél’s option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage.. Theréfare, such:coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents ofthe Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effec! Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurancé:-that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt of Bo wer secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement ani be payable, with such interest, upon notice from Lender to Borrower requesting payment, All insurance .tequired by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall yéludg a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates, If Lender requires, Bortower shall promptly give to Lender all receipts of paid-pigmiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for dattiage.ta, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional logs payee. In the event of loss, Borrower sha prompt notice to the insurance carrier and Lender, Lender may make proof of loss if uot made promptly by Borrower, Unlé Lender and Borrower otherwise agree in writing, any insurance proceeds, ‘whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's'security is not lessened, During such repair and restoration period, Lender shall have the right ta hold such insurance proéeeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfa provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restorationg single paymont or in a series of progress payments as the “ork is completed. Unless an agreement is made in writing or licable Law requires interest to be paid on such insurance proceeds, Lender shalt not be required to pay Borrower any interest’ ings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of th rance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whe x not then duc, with the cacess, ifany, paid ta Borrower, Such insurance proceeds shall be applied in the order provided for in: tion 2, If Borrower abandons the Property, Lender may file, negotiate and settlé available insurance claim and related matters, If Borrower does not respond within 30 days to 2 notice from Lender that the insurance carrier has offered to settle'a claim, then Lender may negotiate and settle the clatm, The 30-day period will begin when thenotice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns'ta nder (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or thi ecurity Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrwer) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property 2 . Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unp: aid under the Note or thi is Security Instrument, whether or not then due. 6, Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal res within 60 days after the execution of this Security Instrument and shall continue to occupy the Propeity as Borrower's prini hresidence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent's! mot be unreasonably withheld, or unless extenuating circurnstances exist which are beyond Borrower's control, ty 7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shall not destroy, da impair the Property, allow the Property to deteriorate or commit waste on the Property, Whether or not Borrower is residing in’ TLLINOIS-Single Famity-Fannie Mac/Freddie Mae UNITORM INSTRUMENT ee i Page 5 of t2 Form 3044 1/01 © Non-Order Search Page 6 of 14 Requested By: firstam02, Printed: 5/11/2024 10:00 AM Doc: 2204845060 2204845060 Page: 7 of 14 a the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration ar damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, If the insurance or “hs condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the Sompletion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lehde Shay inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to suclf'an r inspection specifying such reasonable cause. 8, Boi ver's Loan Application. Borrower shall be in default if, during the Loatt application process, Borrower or any persons of entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, tisleading, or inui ate information or statements to Lender (or failed to provide Lender with material information) in connection with thé Loan, Materia! representations include, but are not limited to, representations concerning Borrower's occupancy of the Propeity: 48.Borrower's principal residence, 9. Protection of Lehider's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants.and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's intergt.in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnatign.or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to‘protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the va the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any slings secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attotheys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position‘in abankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change! lock: eplace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous co! ions, and have utilities turned on or off, Although Lender may take action under this Section 9, Lender does not have to dg sod not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authori Under this Section 9, Any amounts disbursed by Lender under this Section 9 slvil become additional debt of Borrower secured by this. Sccutity Instrument. These amounts shat! bear interest at the Note rate-tam the.date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. i4 3 et If this Security Instrument is on a leasehold, Borrower shall comp! all the provisions of the lease, Borrower shall not surrender the leasehold estate and interests herein conveyed or termini er.cancel the ground lease. Bo