Preview
Hearing Date: 8/12/2024 1:30 PM
Location: Court Room 2806
FILED
Judge: Cocozza, Margaret Jean 6/13/2024 3:49 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH05588
Calendar, 58
28110630
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
Nationstar Mortgage LLC
PLAINTIFF
2024CH05588
Vs.
Karen J. Gottwald; Unknown Owners and Nonrecord
Claimants 3520 Forest Avenue, Wilmette, IL 60091
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, NATIONSTAR MORTGAGE LLC, by and through its attorneys, CODILIS &
ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows:
1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a
mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants":
Karen J. Gottwald; Unknown Owners and Nonrecord Claimants
2. Attached as "EXHIBIT A" is a copy of the Mortgage. Attached as "EXHIBIT B" is a copy of the Note.
3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage.
(B) Date of the Mortgage: 10/28/2011
(C) Name of mortgagor(s):
Karen J. Gottwald
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Baytree National Bank
and Trust Company
(E) Date and Place of Recording or Registering:
4/4/2012
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 1209557078
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $412,000.00
(D Both the legal description of the mortgaged real estate and the common address or other information
sufficient to identify it with reasonable certainty:
LOT 10 IN BLOCK 9 IN LAKEWOOD MANOR, BEING A SUBDIVISION OF THE WEST 30 ACRES
OF THE EAST 40 ACRES OF THE SOUTH 60 ACRES OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, (EXCEPT THAT PART THEREOF LYING WESTERLY OF A LINE DRAWN PARALLEL
WITH AND 135 FEET EASTERLY FROM (AS MEASURED AT RIGHT ANGLES) THE EASTERLY
LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILWAY) ALSO
EXCEPT THE SOUTH 50 FEET THEREOF USED FOR STREET), IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 3520 Forest Avenue, Wilmette, IL 60091
TAX PARCEL NUMBER: 05-30-313-013-0000
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest
and insurance for 01/01/2023, through the present; the Principal balance due on the Note and the Mortgage
is $314,324.54, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current
per diem is $35.52.
(K) Name of present owner(s) of said premises:
Karen J. Gottwald
(L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real
estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff,
and any additional lien of the plaintiff which is sought to be terminated:
(M) Names of defendants claimed to be personally liable for deficiency, if any:
Karen J. Gottwald.
No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy
automatic stay or if their obligation is discharged in bankruptcy.
(N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15-
1208.
(O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor
or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise
submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure,
whichever is later, if sought:
The redemption period shall be determined pursuant to 735 ILCS 5/15-1603.
(P) Statement that the right of redemption has been waived by all owners of redemption: There has been no
executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded
from accepting such a waiver of redemption by the filing of this complaint.
(Q) Facts in support of request for attorneys’ fees and of costs and expenses, if applicable: The subject
mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the
mortgage.
(R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a
receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief
after the filing of the instant foreclosure action by separate petition if such relief is sought.
(S) Offer to the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction
of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of
an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the
filing of the instant foreclosure action.
(T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation
of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof:
Karen J. Gottwald;
4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before
referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or
claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint
described, including but not limited to the following:
Unknown Owners and NonRecord Claimants, if any.
That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and
all such persons are therefore made party defendants to this action by the name and description of UNKNOWN
OWNERS and NONRECORD CLAIMANTS.
RE UEST FOR RELIEF
WHEREFORE, THE PLAINTIFF REQUESTS:
@ A judgment of foreclosure and sale.
Gi) An order granting a shortened redemption period, if sought.
(iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the
Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed
liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not
received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay
at sale confirmation.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or appointing a receiver, if sought.
(vi) Ajudgment for attorneys' fees, costs and expenses, if sought.
(vii) For the appointment of a Selling Officer, if deemed appropriate by this court.
(viii) Such other and further relief as this court deems just.
Nationstar Mortgage LLC
BY: /s/ James J Bernhard
ARDC No. 6255630
CODILIS & ASSOCIATES, P.C.
One of its Attorneys
Codilis & Associates, P.C.
15W030 North Frontage Road, Suite 100
Burr Ridge, IL 60527
(630) 794-5300
pleadings@il.cslegal.com
Cook #21762
14-24-02773
NOTE: This law firm is a debt collector.
1209557078 Page: 2 of 19
Illinois Anti-Predatory
Lending Database
Program
|
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Certificate of Exemption 1
PRAIRIE TITLE
+ 321 W. NORTH AVE.
OAK PARK, IL 60302
Report Mortgage Fraud
800-532-8785
= ee
ie property identified as: PIN: 05-30-313-013-0000
Address:
Street: 3520 Forest Avenue
Street line 2:
City: Wilmette State: IL ZIP Code: 60091
Lender, BAYTREE NATIONAL BANK AND TRUST COMPANY
Borrower: KAREN J. GOTTWALD
Loan / Mortgage Amount: $412,000.00
This property is located within the program area and the transaction is exempt from the requirements of 765 ILCS 77/70
et seq. because the application was taken by an exempt entity.
Execution date: 10/28/2011
1209557078 Page: 3 of 19
A 102 p
BAYTREE NATIONAL BANK
&TRUST COMPANY
1]
JT CURRENT
[Attention]
10909 W GREENFIELD AVE STE 208
[Street Address]
WEST ALLIS, WI 53214
[City, State Zip Code]
ras Prep:
:
{Name}
[Street Address]
Ww. NORTH AVE.
[City, State Zip CodeQAK PARK, IL 60902
Permanent Index Number: 05-30-313-013-0000
[Space Above This Line For Recording Data].
Loan Origination Company NMS {dentifier: $21320 Loan Originator NMLS Unique 1s
MIN;
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11.
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) “Security Instrument” means this document, which is dated October 28, 2011, together with all Riders to
this document.
@) “Borrower” is KAREN J GOTTWALD. Borrower is the mortgagor under this Security Instrument.
© “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized end 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.
@) “Lender” is BAYTREE NATIONAL BANK AND TRUST COMPANY. Lender is a chartered bank
organized and existing under the laws of Illinois. Lender’s address is 664 N. WESTERN AVENUE, Lake Forest,
TL 60045. t
© “Note” means the promissory note signed by Borrower and dated October 28, 2011. The Note states that
Borrower owes Lender Four Hundred Twelve Thousand and 00/100ths Dollars (U.S. $412,000.00) plus interest.
inols Mertgage—Singe Famly—FannlebneTreda Me Uniform asremeat ‘Form 3014 101
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pene es
1209557078 Page: 4 of 19
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
November 1, 2041.
®) “Property” means the property that is described below under the heading “Transfer of Rights in the
Property.”
© “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest,
@) “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}:
CO Adjustable Rate Rider (1 Condominium Rider 1 Second Home Rider
( Balloon Rider L Planned Unit Development Rider (1 Biweekly Payment Rider
(J 1-4 Family Rider ©] Revocable Trust Rider
C Other(s) [specify]
oO “Applicable Law” meats all controlling applicable federal, state and local statutes, regulations, ordinances
and administrative rules and orders (that have the effect of faw) as well as all applicable final, non-appealable
judicial opinions.
® “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization.
«®) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,
‘or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
a) “Escrow Items” means those items that are described in Section 3.
(™) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by
any third party (other then insurance proceeds paid under the coverages described in Section 5) for: (i) damage to,
or destruction of, the Property; (ji) condemnation or other taking of all or any part of the Property; (iii) conveyance
in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value end/or condition of the Property.
®) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(0) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ji) any amounts under Section 3 of this Security Instrument.
®) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 CER. Part 3500), as they might be amended from time to time, or any
additional or successor legistation or regulation that governs the same subject matter. As used in this Security
Instrument, “RESPA” refers fo all requirements and restrictions that are imposed in regard to a “federally related
mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
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Commitment Number i
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE COUNTY OF COOK IN THE
STATE OF ILLINOIS, TO WIT:
LOT 10 IN BLOCK 9 IN LAKEWOOD MANOR, BEING A SUBDIVISION OF THE WEST 30
ACRES OF THE EAST 40 ACRES OF THE SOUTH 60 ACRES OF THE EAST HALF OF THE,
SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE
THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART THEREOF LYING WESTERLY OF A
LINE DRAWN PARALLEL WITH AND 135 FEET EASTERLY FROM (AS MEASURED AT RIGHT
ANGLES) THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH
WESTERN RAILWAY) ALSO EXCEPT THE SOUTH 50 FEET THEREOF USED FOR STREET), IN
COOK COUNTY, ILLINOIS.
05-30-313-013-0000
CKA: 3520 Forest Avenue , Wilmette, IL, 60091
ALTA Commitment
Schedule C
1209557078 Page: 6 of 19
@ “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not
that party has assumed Borrower’s obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ji) 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 as
i
nominee for Lender and Lender’s successors and assigns) and to the successors and assigns of MERS the followi
described property located in the
County of Li
{Type of Recording Jurisdiction} [Name of | fing Jurisdiction)
which currently has the address of 3520 Forest Avenue
[Street]
Wilmette , Minos 60091 (Property Address”):
{City} [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s
successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right
to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
rightto mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
Le Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3.
Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or
other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender
inois Mortgage—Single Family—Fannle Mae/Freddie Mac Uniform Iustrament Form 3014 1/01
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unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be
made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check,
bank check, treasurer’s check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer,
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by JLender in accordance with the notice provisions in Section 15. Lender may
return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current,
Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights hereunder oF prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such paymenis are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied finds. Lender may hold such unapplied
funds until Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earfier, such funds
will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offSet or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments
due under the Note and this Security Instrument or performing the covenants and agreements secured by this
Security Instrument.
2 Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower fora delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment ofthe Periodic Payments if, and to the extent that, each payment can be paid in full. ‘To the extent that
aay excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess
may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and
then as described in the Note.
‘Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, ofthe Periodic Payments.
3 Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; (b) ieaschold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan,
Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make
such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in
this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
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Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under
Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any
time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender afl
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender ean agree
in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is
a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA,
and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in
no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender,
4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground
rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that
these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
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 secured by the lien in a mannet acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends
against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement
of the lien while those proceedings are pending, but only until such proceedings are concluded; or (¢) secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
Lender determines that any part of the Property is subject to a lien which can attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice
is given, Borrower shall satisfy the lien or take one or more ofthe actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
3. Property Insurance. Borrower shall keepthe improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included wit in the term “extended coverage,” and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’s choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
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charge for flood zone determination and certification services and subsequent charges each time remappings or
changes occur which reasonably might affect such determination or certification, Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower’s
equity in the Property, or the contents ofthe Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance thet Borrower could have obtained. Any amounts
disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shalt be subject to Lender’s right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee,
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction,
provided that such inspection shall be undertaken promptly. 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. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance 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, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the right to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage ofthe Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due,
6 Oceupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower’s principal residence for at least one year after the date of occupancy, uniess Lender otherwise agrees in
writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are
beyond Borrower's control.
Illinois Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform instrament Form 3014 1/01
MERS Modified
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1 Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether
or not Borrower is residing in 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 or 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 condemnation proceeds
are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’s obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. Ifit has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at
the time of or prior to such an interior inspection specifying such reasonable cause.
8 Borrower’s Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent
gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender
with material information) in connection with the Loan. Material representations include, but are not limited to,
tepresentations concerning Borrower’s occupancy ofthe Property as Borrower’s principal residence.
9. Protection of Lender’s Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security
Instrument (such a5 @ proceeding in bankruptcy, probate, for condemnation 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 value of
the Property, and securing and/or repairing the Property. Lender’s actions can include, but are not limited to:
(a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and
(o) paying reasonable attomeys’ fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed on or off.
Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this
Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shail bear interest at the Note rate from the date of disbursement and
shall be payable, with such interest, upon notice from Lenderto Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee ttle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the
merger in writing.
10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the
Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage
Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent
Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
IMinois Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 304 170i
MERS Modit
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designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve in lien of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shail not be required to
pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected
by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the
premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and
Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable
loss reserve, until Lender’s requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Morigage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms
and conditions thet are satisfactory to the mortgage insurer and the other party (or parties) to these agreements.
‘These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage
insurer may have available (which may inclade funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser ofthe Note, another insurer, any reinsurer, any otaer
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or
might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer’s risk, or reducing losses. If such agreement provides that an affiliate of Lender
takes a share of the insurer’s risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed “captive reinsurance.” Further:
{a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan, Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has — if any ~ with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,
to have the Mortgage Insurance ter
Preview
Hearing Date: 8/12/2024 1:30 PM Location: Court Room 2806 FILED Judge: Cocozza, Margaret Jean 6/13/2024 3:49 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH05588 Calendar, 58 28110630 Cook County #21762 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION Nationstar Mortgage LLC PLAINTIFF 2024CH05588 Vs. Karen J. Gottwald; Unknown Owners and Nonrecord Claimants 3520 Forest Avenue, Wilmette, IL 60091 DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, NATIONSTAR MORTGAGE LLC, by and through its attorneys, CODILIS & ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows: 1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants": Karen J. Gottwald; Unknown Owners and Nonrecord Claimants 2. Attached as "EXHIBIT A" is a copy of the Mortgage. Attached as "EXHIBIT B" is a copy of the Note. 3. Information concerning said Mortgage: (A) Nature of the instrument: Mortgage. (B) Date of the Mortgage: 10/28/2011 (C) Name of mortgagor(s): Karen J. Gottwald (D) Name of the original mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Baytree National Bank and Trust Company (E) Date and Place of Recording or Registering: 4/4/2012 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 1209557078 (G) Interest subject to the mortgage: Fee Simple. (H) Amount of original indebtedness: (1) Original Indebtedness: $412,000.00 (D Both the legal description of the mortgaged real estate and the common address or other information sufficient to identify it with reasonable certainty: LOT 10 IN BLOCK 9 IN LAKEWOOD MANOR, BEING A SUBDIVISION OF THE WEST 30 ACRES OF THE EAST 40 ACRES OF THE SOUTH 60 ACRES OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART THEREOF LYING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 135 FEET EASTERLY FROM (AS MEASURED AT RIGHT ANGLES) THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILWAY) ALSO EXCEPT THE SOUTH 50 FEET THEREOF USED FOR STREET), IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 3520 Forest Avenue, Wilmette, IL 60091 TAX PARCEL NUMBER: 05-30-313-013-0000 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest and insurance for 01/01/2023, through the present; the Principal balance due on the Note and the Mortgage is $314,324.54, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current per diem is $35.52. (K) Name of present owner(s) of said premises: Karen J. Gottwald (L) Names of other persons who are joined as defendants and whose interest in or lien on the mortgaged real estate is sought to be terminated and alleged to be subordinate and inferior to the mortgage of the Plaintiff, and any additional lien of the plaintiff which is sought to be terminated: (M) Names of defendants claimed to be personally liable for deficiency, if any: Karen J. Gottwald. No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy automatic stay or if their obligation is discharged in bankruptcy. (N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15- 1208. (O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure, whichever is later, if sought: The redemption period shall be determined pursuant to 735 ILCS 5/15-1603. (P) Statement that the right of redemption has been waived by all owners of redemption: There has been no executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded from accepting such a waiver of redemption by the filing of this complaint. (Q) Facts in support of request for attorneys’ fees and of costs and expenses, if applicable: The subject mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the mortgage. (R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief after the filing of the instant foreclosure action by separate petition if such relief is sought. (S) Offer to the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the filing of the instant foreclosure action. (T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof: Karen J. Gottwald; 4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, including but not limited to the following: Unknown Owners and NonRecord Claimants, if any. That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS and NONRECORD CLAIMANTS. RE UEST FOR RELIEF WHEREFORE, THE PLAINTIFF REQUESTS: @ A judgment of foreclosure and sale. Gi) An order granting a shortened redemption period, if sought. (iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay at sale confirmation. (iv) An order granting possession, if sought. (v) An order placing the mortgagee in possession or appointing a receiver, if sought. (vi) Ajudgment for attorneys' fees, costs and expenses, if sought. (vii) For the appointment of a Selling Officer, if deemed appropriate by this court. (viii) Such other and further relief as this court deems just. Nationstar Mortgage LLC BY: /s/ James J Bernhard ARDC No. 6255630 CODILIS & ASSOCIATES, P.C. One of its Attorneys Codilis & Associates, P.C. 15W030 North Frontage Road, Suite 100 Burr Ridge, IL 60527 (630) 794-5300 pleadings@il.cslegal.com Cook #21762 14-24-02773 NOTE: This law firm is a debt collector. 1209557078 Page: 2 of 19 Illinois Anti-Predatory Lending Database Program | | Certificate of Exemption 1 PRAIRIE TITLE + 321 W. NORTH AVE. OAK PARK, IL 60302 Report Mortgage Fraud 800-532-8785 = ee ie property identified as: PIN: 05-30-313-013-0000 Address: Street: 3520 Forest Avenue Street line 2: City: Wilmette State: IL ZIP Code: 60091 Lender, BAYTREE NATIONAL BANK AND TRUST COMPANY Borrower: KAREN J. GOTTWALD Loan / Mortgage Amount: $412,000.00 This property is located within the program area and the transaction is exempt from the requirements of 765 ILCS 77/70 et seq. because the application was taken by an exempt entity. Execution date: 10/28/2011 1209557078 Page: 3 of 19 A 102 p BAYTREE NATIONAL BANK &TRUST COMPANY 1] JT CURRENT [Attention] 10909 W GREENFIELD AVE STE 208 [Street Address] WEST ALLIS, WI 53214 [City, State Zip Code] ras Prep: : {Name} [Street Address] Ww. NORTH AVE. [City, State Zip CodeQAK PARK, IL 60902 Permanent Index Number: 05-30-313-013-0000 [Space Above This Line For Recording Data]. Loan Origination Company NMS {dentifier: $21320 Loan Originator NMLS Unique 1s MIN; MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) “Security Instrument” means this document, which is dated October 28, 2011, together with all Riders to this document. @) “Borrower” is KAREN J GOTTWALD. Borrower is the mortgagor under this Security Instrument. © “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized end 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. @) “Lender” is BAYTREE NATIONAL BANK AND TRUST COMPANY. Lender is a chartered bank organized and existing under the laws of Illinois. Lender’s address is 664 N. WESTERN AVENUE, Lake Forest, TL 60045. t © “Note” means the promissory note signed by Borrower and dated October 28, 2011. The Note states that Borrower owes Lender Four Hundred Twelve Thousand and 00/100ths Dollars (U.S. $412,000.00) plus interest. inols Mertgage—Singe Famly—FannlebneTreda Me Uniform asremeat ‘Form 3014 101 The Compllance Source, lc Page 1 0f13 Modified by Compliance Souree 143011L 08,00 Rev. 0408 worw.compliancesource.com pene es 1209557078 Page: 4 of 19 Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2041. ®) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” © “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest, @) “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}: CO Adjustable Rate Rider (1 Condominium Rider 1 Second Home Rider ( Balloon Rider L Planned Unit Development Rider (1 Biweekly Payment Rider (J 1-4 Family Rider ©] Revocable Trust Rider C Other(s) [specify] oO “Applicable Law” meats all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of faw) as well as all applicable final, non-appealable judicial opinions. ® “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. «®) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, ‘or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. a) “Escrow Items” means those items that are described in Section 3. (™) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other then insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ji) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value end/or condition of the Property. ®) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ji) any amounts under Section 3 of this Security Instrument. ®) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 CER. Part 3500), as they might be amended from time to time, or any additional or successor legistation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA” refers fo all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. Illinois Mortgage—Single Family~—Fannie Mae/Freddie Mac Uniform fnstrument ‘Form 3014 1/01 ‘ERS Modified ‘The Compliance Souree, Inc. Page 2 of 13 Modified by Compliance Source 143011L 08/00 Rev. 04/08 worw.compliancesource.com (©2060, The Compliance Source, Ine. a eee 1209557078 Page: 5 of 19 Commitment Number i SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE COUNTY OF COOK IN THE STATE OF ILLINOIS, TO WIT: LOT 10 IN BLOCK 9 IN LAKEWOOD MANOR, BEING A SUBDIVISION OF THE WEST 30 ACRES OF THE EAST 40 ACRES OF THE SOUTH 60 ACRES OF THE EAST HALF OF THE, SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART THEREOF LYING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 135 FEET EASTERLY FROM (AS MEASURED AT RIGHT ANGLES) THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILWAY) ALSO EXCEPT THE SOUTH 50 FEET THEREOF USED FOR STREET), IN COOK COUNTY, ILLINOIS. 05-30-313-013-0000 CKA: 3520 Forest Avenue , Wilmette, IL, 60091 ALTA Commitment Schedule C 1209557078 Page: 6 of 19 @ “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ji) 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 as i nominee for Lender and Lender’s successors and assigns) and to the successors and assigns of MERS the followi described property located in the County of Li {Type of Recording Jurisdiction} [Name of | fing Jurisdiction) which currently has the address of 3520 Forest Avenue [Street] Wilmette , Minos 60091 (Property Address”): {City} [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the rightto mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: Le Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender inois Mortgage—Single Family—Fannle Mae/Freddie Mac Uniform Iustrament Form 3014 1/01 MERS Modifie The Compliance Source, Ine. Page 3 of 13 Modified by Compliance Source 1430111, 08/00 Rev 04/08 wwrw.compliancesouree.com ui ee 1209557078 Page: 7 of 19 unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by JLender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder oF prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such paymenis are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied finds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earfier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offSet or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2 Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower fora delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment ofthe Periodic Payments if, and to the extent that, each payment can be paid in full. ‘To the extent that aay excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. ‘Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, ofthe Periodic Payments. 3 Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) ieaschold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Tilingis Mortgage—Siugle Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3014 1/01 MERS Modified ‘The Compliance Souree, Inc. Page 4 0f 13 Modified by Compliance Sot 5 1430111 08/00 Rev. ‘worw.complianeesource.com ©7000 om one a ae 1209557078 Page: 8 of 19 Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender afl Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender ean agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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 secured by the lien in a mannet acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (¢) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more ofthe actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 3. Property Insurance. Borrower shall keepthe improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included wit in the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’s choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time Illinois Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3014 101 MERS Modified The Compliance Source, Inc. Page 50813 ‘Modified by Compliance Source 143011 08/00 Rev, 04/08 ‘www.complianeesource.com The Compliance Souree, Inc. a ~_ - 1209557078 Page: 9 of 19 charge for flood zone determination and certification services and subsequent charges each time remappings or changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower’s equity in the Property, or the contents ofthe Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance thet Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shalt be subject to Lender’s right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. 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. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance 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, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage ofthe Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due, 6 Oceupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower’s principal residence for at least one year after the date of occupancy, uniess Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Illinois Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform instrament Form 3014 1/01 MERS Modified The Compliance Source, Ine, Page 6 of 13 Modified by Comptiance Source 143011L 08/00 Rev. 04/08 ‘wwn-compliancesource.com ©2000, The Compliance Souree, Ine. a 1209557078 Page: 10 of 19 1 Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in 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 or 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 condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’s obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. Ifit has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8 Borrower’s Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, tepresentations concerning Borrower’s occupancy ofthe Property as Borrower’s principal residence. 9. Protection of Lender’s Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrument (such a5 @ proceeding in bankruptcy, probate, for condemnation 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 value of the Property, and securing and/or repairing the Property. Lender’s actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (o) paying reasonable attomeys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shail bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lenderto Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee ttle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately IMinois Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 304 170i MERS Modit ‘The Compliance Source, Ine. Page 7 of 13, ‘Modified by Compliance Source 1430111 68/00 Rev. 04/08 ‘worw.compliancesouree.com 0, The Compliance Source, Ine. a ee ~ 1209557078 Page: 11 of 19 designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lien of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shail not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender’s requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Morigage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions thet are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. ‘These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may inclade funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser ofthe Note, another insurer, any reinsurer, any otaer entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer’s risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer’s risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed “captive reinsurance.” Further: {a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan, Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has — if any ~ with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance ter