Preview
FILED
Hearing Date: 8/21/2024 2:30 PM
6/20/2024 12:00 AM
Location: Court Room 2804
Judge: Derico, James T, Jr. IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH05745
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, 56
COUNTY DEPARTMENT - CHANCERY DIVISION 28176015
LONGBRIDGE FINANCIAL, LLC
PLAINTIFF. >
V.
CASE NO: 2024CH05745
UNKNOWN HEIRS AND LEGATEES OF
BEVERLY E. BENFORD; UNITED STATES
OF AMERICA ACTING BY AND PROPERTY ADDRESS:
THROUGH ITS AGENCY THE 1452 WEST 71ST STREET
DEPARTMENT OF HOUSING AND CHICAGO, IL 60636
URBAN DEVELOPMENT; DISCOVER
BANK; UNKNOWN OWNERS AND
NON-RECORD CLAIMANTS;
DEFENDANTS.
COMPLAINT TO FORECLOSE MORTGAGE
For its Complaint Plaintiff says:
1 Plaintiff, LONGBRIDGE FINANCIAL, LLC, files this Complaint to foreclose the
mortgage, trust deed or other conveyance in the nature of a mortgage ("Mortgage”)
hereinafter described, pursuant to 735 ILCS 5/15-1101 et. seq. of the Illinois Code of
Civil Procedure, and joins the persons named in the caption as Defendants:
UNKNOWN HEIRS AND LEGATEES OF BEVERLY E. BENFORD; UNITED
STATES OF AMERICA ACTING BY AND THROUGH ITS AGENCY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; DISCOVER BANK;
UNKNOWN OWNERS AND NON-RECORD CLAIMANTS
Attached as "Exhibit A" is a true copy of the Mortgage which has been modified to redact
certain Non-Public Personal Information (“PI”) from the exhibit. Attached as "Exhibit B"
is a true copy of the Note secured thereby which has been modified to redact certain PI
from the exhibit. Attached as “Exhibit C” is a true copy of the Assignment(s) which has
been modified to redact certain PI from the exhibit.
3 Information concerning said Mortgage:
(a) Nature of the instrument: Mortgage.
(b) Date of Mortgage: 12/10/2012
(c) Name ofthe mortgagors: BEVERLY E. BENFORD (DECEASED)
(d) Name of the mortgagee: MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR
(e) Date of Recording and place of recording: 12/31/2012 in the Cook County
Recorder of Deeds Office
(f) Identification of Recording: Document No. 1236650056
(g) Interest Subject to the mortgage: Fee Simple
(h) Amount of Original Indebtedness, including subsequent advances made under the
mortgage: $150,000.00
(i) Legal description of mortgaged real estate:
LOT 26 IN BLOCK 7 INMARSTON AND AUGUR’S SUBDIVISION OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20 TOWNSHIP
38 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN
COOK COUNTY, ILLINOIS
COMMON ADDRESS:
1452 WEST 71ST STREET
CHICAGO, IL 60636
Tax ID# 20-20-326-036-0000
@ Statement as to Defaults:
Pursuant to the terms of the Mortgage, grounds for acceleration exist because the
mortgagor, BEVERLY E. BENFORD, died on or about 2/27/2024. The
outstanding amount due on the mortgage and note is 127,025.78, plus interest,
cost and fees, and advances, if any, made by the plaintiff. Interest accrues pursuant
to the terms of the note. The current per diem is $0.2935.
(k) Name of present owner(s) of the real estate:
UNKNOWN HEIRS AND LEGATEES OF BEVERLY E. BENFORD,
DECEASED
Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois
:ookcountyclerkofcourt.org
(1) 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
Defendant, UNITED STATES OF AMERICA ACTING BY AND THROUGH
ITS AGENCY THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, has or may claim an interest in the subject real estate by virtue
of HOME EQUITY CONVERSION MORTGAGE recorded in COOK County, IL
on 12/31/2012 as Document Number #1236650057. Plaintiff alleges that said
interest is subordinate and inferior to the lien of the plaintiff.
Defendant, DISCOVER BANK, has or may claim an interest in the subject real
estate by virtue of JUDGMENT recorded in COOK County, IL on 2/14/2022 as
Document Number #2204539124. Plaintiff alleges that said interest is subordinate
and inferior to the lien of the plaintiff.
(m) Names of defendants claimed to be personally liable for deficiency unless
personal liability is discharged in a Bankruptcy proceeding, or otherwise released:
None
(n) Capacity in which plaintiff brings this foreclosure:
Plaintiff is the legal holder of the indebtedness secured by the mortgage
being foreclosed herein.
(0) Facts in support of a request for attorneys’ fees and of costs and expenses, if
applicable:
The subject mortgage provides for the recovery of attorney fees, court costs, and
expenses in the event of a default under the terms of the mortgage.
4. 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.
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
Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois
:ookcountyclerkofcourt.org
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 Mortgagee in Possession or appointment of
receiver.
WHEREFORE, PLAINTIFF REQUESTS:
1 A Judgment of Foreclosure and Sale.
2. A Judgment for attorney's 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 sought.
Appointment of Mortgagee in Possession or Receiver, if sought.
Such other and further reliefas the Court deems just.
LONGBRIDGE FINANCIAL, LLC
By:_/s/David Mazzella_
6/18/2024 | ARDC No. 6344319
Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois
:ookcountyclerkofcourt.org
Robertson Anschutz Schneid Crane & Partners, PLLC
Attorney for Plaintiff
205 N. Michigan Avenue Suite 810
Chicago, Illinois 60601
Phone: (561) 241-6901
E-mail: ILmail@raslg.com
24-213889
Pursuant to IL Supreme Court Rule 11 electronic mail (e-mail) notice shall be sent to
ILmail@raslg.com.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois
ookcountyclerkofcourt.org
Illinois Anti:Prédatory Exhibit A
Lending Database
Program aDoc#: 12366501 056 Fee: $60.00
Karen A. Yarb rou igh RHSP Fee:$10.00
a
Certificate of Exemption Coo k County Recorder of Dee
ds
Date: 12/31/2012 10:45 AM
Pg: 1 of 12
INMA pp,
OYNG.
Y
Report Mortgage Fraud
PIN: 20-20-326-036-0000
Address:
Street: 1452 W. 71ST STREET
Street line 2:
City: CHICAGO State: IL ZIP Code: 60636
»
Lender: SUN WEST MORTGAGE COMPANY, INC
Borrower; BEVERLY E BENFORD _
Loan / Mortgage Amount: $150,000.00
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 loan is a reverse mortgage.
Certificate number: 6E3CFC61-A057-4DFF-BA63-7802C416C44B Execution date: 12/10/2012
% “
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Record and Return to:
Sun West Mortgage Company, Inc.
18303 Gridley Road
Cerritos, CA 90703-5401
This instrument was prepared by:
Name: SUN W ST MORTGAGE COMPANY, INC.
Address: 18303 Gridley Road Cerritos, CA 90703-5401
FHA Case Numbe a
Lo: umber
State of Iino MN
MORTGAGE
(Home Equity Conversion Mortgage)
THIS MORTGAGE SECURES A REVERSE MORTGAGE LOAN
THIS MORTGAGE ("Security Instrumen ") is given on December 10, 2012. The mortgagor is BEVERLY E.
BENFORD, whose address is 1452 W! EST 71ST STREET, CHICAGO, IL 60636-3955 ("Borrower"). This
rity Instrument is given to Sun W t Mortgage Company, Inc., which i organi ed and existing under the
laws of United States. and whose addressi: 18303 G: ley R ad, Cerritos, CA 90703 5401 ("Lender"), The
mortgagee under this Security Instrumenti Mortgage
ctron Registration Systems, Inc. ((MERS”) (solely as
nominee for Lender and Lender's successors and assigns) and the suc ssors and assigns of MERS MERS is a
separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is
organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,
Flint, MI 48501-2026, tel. (888) 679-MERS Borrower has agreed to repay to Lender amounts which Lender is
obligated to advance including future advances, under the terms of a Home Equity Conversion Loan Agreement
dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by
Borrower's Note dated the same date as thi Security Instrument ("Note"). Thi ecurity Instrument secures to
Lender: (a) the rep ayment of the debt evidenced by the Note, including all future advance with interest, at a rate
subject to ad stment and all renewals, extensions and modi ations of the Note, up to a maximum principal
amount of O1 ¢ Hundred Fifty Thou nd and 00/100 Dol ars (U.S.$150,000.00); (b) the payment of all other
sums, with interest, advanced under P; agraph 5 to protect the urity of this Security Instrument or otherwise due
under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. Thefull debt, including all amounts described in (a), (b), and (c) above, if not
paid earlier, is due and payable on December 23, 2098. For this purpose, Borrower does hereby mort, age, grant
and convey to Lender and Lender's successors and assigns, the following described property located in COOK
County, Illinois, which has the address of:
1452 W ST 71 STREET, CHICAGO, IL 60636-3955, and is described more fully on Exhibit A attached to
and het by incorporated into this Mortgage (“Property Addre: ),
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights
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
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the tight to
mortgage, grant and convey the Property and that the Property is unencumbered. Borrower warrants and will
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall pay when due the principal of and interest on, the debt
evidenced by the Note.
2.” Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents,
flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of
payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the
Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement.
3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This
insurance shall be maintained in the amounts, to the extent and for the periods required by Lender or the Secretary of
Housing and Urban Development ("Secretary"). Borrower shall also insure all improvements on the Property,
whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All
insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be
held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make
payment for such loss to Lender, instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to
restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Sccond Note and
Second Sccurity Instrument held by the Secretary on the Property and then to the reduction of the indebtedness
under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity Iegally entitled
thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after the
execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one person are
Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of the Security
Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement.
Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to
deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Lender (or failed to provide
Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title
(o the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
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5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security
Instrument in the manner provided in Paragraph 12(c).
If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform any
other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may
significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to
enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property
and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in
Paragraph 2,
To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the
Secretary for the Mortgage Insurance Premium ("MIP") as defined in the Loan Agreement as well as all sums due to
the loan servicer for servicing activities ("Servicing Fee") as defined in the Loan Agreement. Any amounts
disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan
Agreement and shall be secured by this Security Instrument.
6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable
manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or
appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the
Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to
protect and preserve such vacant or abandoned Property without notice to the Borrower.
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation, or other taking of any part of the Property, or for conveyance in place of condemnation shall be
paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under the Second Note and
Second Sccurity Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness
under the Note and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding.
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
8._ Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security
Instrument if:
(i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of
the Property) is sold or otherwise transferred and no other Borrower retains (a) title to the Property in fee
simple, (b) a leasehold under a lease for not less than 99 years which is renewable or a lease having a
remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower,
or (c) a life estate in the Property (or retains a beneficial interest in a trust with such an interest in the
Property).
(b) Due and Payable with Secretary Approval. Lender may require immediate payment in full of all sums
secured by this Security Instrument, upon approval by an authorized representative of the Secretary, if:
(i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the
Property is not the principal residence of at least one other Borrower; or
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(i) For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the
Property because of physical or mental illness and the Property is not the principal residence of at least one
other Borrower; or
(ii) An obligation of the Borrower under this Security Instrument is not performed.
(©) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in Paragraph 9(a)(ii)
and (b) occur.
(d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the loan
becomes due and payable under Paragraph 9(a)(ii) and (b). Lender shall not have the right to commence
foreclosure until Borrower has had thirty (30) days after notice to either:
(i) Correct the matter which resulted in the Security Instrument coming due and payable; or
ii) Pay the balance in full; or
(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds
of the sale toward the balance; or
(iv) Provide the Lender with a deed in lieu of foreclosure.
(e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the
Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a
conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as
having a principal residence for purposes of this Paragraph 9.
(f) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be eligible
for insurance under the National Housing Act within eight (8) months from the date hereof, Lender may, at its
option, require immediate payment in full of all sums secured by this Security Instrument. A written statement
of any authorized agent of the Secretary dated subsequent to eight (8) months from the date hereof, declining to
insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility.
Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance
is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary.
10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this
Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted
to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security
Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any
difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including
accrued interest, owed by Borrower at the time of the assignment.
11. Reinstatement. Borrower has
a right to be reinstated if Lender has required immediate payment in full. This
right applics even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall
correct the condition which resulted in the requirement for immediate payment in full. Foreclosure costs and
reasonable and customary attorneys! fees and expenses properly associated with a foreclosure proceeding shall be
added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it
secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not
required to permit reinstatement i i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two (2) years immediately preceding the commencement of a current foreclosure proceeding, (ii)
reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect
the priority of the Security Instrument.
12. First Lien Status
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(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph
12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state
jaw (including but not limited to situations where the amount secured by the Security Instrument equals or
exceeds the maximum principal amount stated or the maximum period under which loan advances retain the
same lien priority initially granted to loan advances has expired) and state law permits the original lien status to
be maintained for future loan advances through the execution and recordation of one or more documents, then
Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the Property is not
encumbered by any liens (except this Security Instrument, the Second Security Instrument described in
Paragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to any future loan
advances), Lender shall request the Borrower to execute any documents necessary to protect the priority of the
lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit
the original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have
performed an obligation under this Security Instrument.
(b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens
created by the tax deferral are not subordinate to this Security Instrument.
(c) Prior Liens. 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 manner
acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any
part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to all amounts secured by this Security Instrument. If Lender determines that any part of the Property is
subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice
identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ten
(10) days of the giving of notice.
13. Relationship to Second Security Instrument.
(a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf
of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the
Secretary has required Borrower to execute a Second Note and a Second Secutity Instrument on the Property.
(b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be
included in the debt under the Note unless:
(i) This Security Instrument is assigned to the Secretary; or
(ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary.
If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the
payments but excluding late charges paid by the Secretary, shall be included in the debt under the Note.
(©) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and the
Secretary makes payments to Borrower, then Borrower shall not:
()) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property under
Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in full of all
outstanding principal and accrued interest under the Second Note; or
(ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether accrued before
or after the payments by the Secretary, and whether or not accrued interest has been included in the
principal balance under the Note.
(d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second
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Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable
to collect amounts owed under the Note because of restrictions in this Paragraph 13.
14, Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of, or preclude the exercise of, any right or remedy.
15. Successors and Assigns Bound; Joint and Several Liab’ . The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or
obligations under this Security Instrument or under the Note, except to a trust that mects the tequirements of the
Secretary. Borrower's covenants and agreements shall be joint and several.
16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to
the Property Address or any other address all Borrowers jointly designate. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when
given as provided in this Paragraph 16.
17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or
the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or
the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of
the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee
for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entitled
to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and
unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender from exercising its rights under this Paragraph 19,
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of
breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full.
20. Foreclosure Procedure, If Lender requires immediate payment in full under Paragraph 9, Lender may
foreclose this Security Instrument by judicial proceeding, Lender shall be entitled to collect all expenses
incurred in pursuing the rem provided in this Paragraph 20, including, but not li ited to, reasonable
attorneys’ fees and costs of title evidence.
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1°
21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other
liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made,
regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all
direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any
purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien
priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or
taxes.
22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of Three and 215/1000's percent
(3.215%) which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described
below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding
principal balance. Each adjustment to the interest rate will be based upon the One-Month London Interbank Offered
Rate ("LIBOR") as made available in the "Money Rates” section of the Wall Street Journal (“Index”) plus a margin...
If the Index is no longer available, Lender will be required to use any index prescribed by the Department of
Housing and Urban Development. The new index will have a historical movement substantially similar to the
original index, and the new index and margin will result in an annual percentage rate that is substantially similar to
the rate in effect at the time the original index becomes unavailable.
Lender will perform the calculations described below to determine the new adjusted interest rate. The interest rate
may change on the first day of March, 2013, and on __ that day of each succeeding year, X__ the first day of each
succeeding month (“Change Date”) until the loan is repaid in full.
The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the
Change Date ("Current Index"). Before each Change Date, the new interest rate will be calculated by adding a
margin to the Current Index. The sum of the margin plus the Current Index, subject to the rate limitations below,
will be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be compared
to the interest rate in effect immediately prior to the current Change Date (the "Existing Interest Rate”).
Annually Adjusting Variable Rate Feature - The Calculated Interest Rate will never increase or
decrease by more than two percentage points (2.0%) on any single Change Date. The interest rate
will never be more than five percentage points (5.0%) higher or lower than the Initial Interest Rate
stated in Paragraph 2 of the Note.
Monthly Adjusting Variable Rate Feature - The Calculated Interest Rate will never increase
above 13.215%.
The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described above and
will be in effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing
Interest Rate, the interest rate will not change.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security
Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted
under applicable law.
24. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan
Agreement, including Loan Advances of principal to Borrower as well as Loan Advances for interest, MIP,
Servicing Fees, and other charges shall be obligatory.
25. Waiver of Homestead. In accordance with Illinois law, the Borrower hereby releases and waives all rights
under, and by virtue of, the Illinois homestead exemption laws.
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26. Placement of Collateral Protection Insurance. Unless Borrower provides Lender with evidence of the
insurance coverage required by Borrower's agreement with Lender, Lender may purchase insurance at Borrowe
expense to protect Lender’s interests in Borrower's collateral. This insurance may, but need not, protect Borrower
interest ‘The coverage that Lender purchases may not pay any claim that Borrower make! or any claim that is
made agé inst Borrower in connection with the collateral. Borrower may later cancel any insurance purchased by
Lender, but only after providing Lender with evidence that Borrower has obtained insurance as required by
Borrower's and Lender's agreement. If Lender purchases insurance for the collateral, Borrower will be responsible
for the costs of that insurance , including interest and any other charges Lender may impose in connection with the
placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of
the insurance may be added to Borrower's total outstanding balance or obligation. The costs of the insurance may
be more than the cost of insurance Borrower may be able to obtain on its own.
27. Nominee Capa city of MERS, MERS serves as mortgagee of record and secured party solely as nominee, in an
administrative capacity, for Lender and its successors and assigns and holds legal title to the interests granted,
assigned, and transferred herein, All payments or depo: with respect to the Secured Obligations shall be made to
Lender, all advances under the Loan Documents shall be made by Lender, and all consents, approvals, or other
determinations required or permitted of Mortgagee herein shall be made by Lender. MERS shall at all times comply
with the instructions of Lender and its successors and assigns. If necessary to comply with law or custom, MERS
(for the benefit of Lender and its successors and a signs) may be directed by Lender to exercise any or all of those
interests, including without limitation, the right to foreclose and sell the Property, and take any action required of
Lender, including without limitation, a release, discharge or reconveyance of this Security Instrument. Subject to
the foregoing, all references herein to “Mortgage” shall include Lender and its successors and assigns.
28. Riders to this Se curity Instr ment. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants and agreements of cach such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this
Security Instrument. [Check all riders that are applicable}.
: Se
Yondominium Rider [ PUD Rider
Shared Appreciation Rider Other
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with
Signature:
BEVERLY E, ENFORD (BORROW
Mlinois 1 MERS Secur ity Instrument © Bay Docs, Inc. 06/10
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State of Ili inois \ K
County
1@&Kotdry Public in and for said county and state do hereby certify that
BEVERLY E. BENFOR!| |, personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose names is (or are) subscribed to the foregoing instrument, appeared before me this day in person,
and acknowledged that he (she or they) signed and delivered the said instrument as his (her or their) free and
voluntary act, for the uses and purposes therein set forth.
Dated: Dee 10, 2 OA 2520
d
Sigel:
7 7
Name: G padalage pAadracle
Title: lic
Mail to:
NOP OP LIDAR DAIL
OFFICIAL SEAL
GUADALUPE ANDRADE
NOTARY PUBLIC - STATE OF ILLI! 01S
MY COMMISSION EXPIRES:08/0 1116
(Recorder's Box #
DO NOT WRITE BELOW THIS LINE
-
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EXHIBIT A
Exhibit A to the Mortgage given on December 10, 2012, by BEVERLY E. BENFORD ("Borrower") to Sun West
Mortgage Company, Inc. ("Lender"). The Property is located in the county of COOK, state of IL, and is
described as follows:
a Description of Property
LOT 26 IN BLOCK 7 IN MARSTON AND AUGUR'S SUBDIVISION OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 20 TOWNSHIP 38 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL
MERIDIAN IN COOK COUNTY, ILLINOIS. APN: 20-20-326-036-0000
.
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EXHIBIT A
Commitment Number: [i
LOT 26 IN BLOCK 7 IN MARSTON AND AUGUR'S SUBDIVISION OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 20 TOWNSHIP 38 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL
MERIDIAN IN COOK COUNTY, ILLINOIS
20-20-326-036-0000
1452 W. 71ST STREET CHICAGO IL
PRIMARY TITLE SERVICES, LLC
8833 GROSS POINT ROAD #205 - SKOKIE, IL 60077-1859
(P) 847-677-8833 (F) 847-673-8833
A Policy Issuing Agent for
STEWART TITLE GUARANTY COMPANY
Commitment
Exhibit A
ADJUSTABLE RATE NOTE
Exhibit B
(HOME EQUITY CONVERSION)
STATE OF IL.
December 10, 2012
PROPERTY ADDRESS
Preview
FILED Hearing Date: 8/21/2024 2:30 PM 6/20/2024 12:00 AM Location: Court Room 2804 Judge: Derico, James T, Jr. IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH05745 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Calendar, 56 COUNTY DEPARTMENT - CHANCERY DIVISION 28176015 LONGBRIDGE FINANCIAL, LLC PLAINTIFF. > V. CASE NO: 2024CH05745 UNKNOWN HEIRS AND LEGATEES OF BEVERLY E. BENFORD; UNITED STATES OF AMERICA ACTING BY AND PROPERTY ADDRESS: THROUGH ITS AGENCY THE 1452 WEST 71ST STREET DEPARTMENT OF HOUSING AND CHICAGO, IL 60636 URBAN DEVELOPMENT; DISCOVER BANK; UNKNOWN OWNERS AND NON-RECORD CLAIMANTS; DEFENDANTS. COMPLAINT TO FORECLOSE MORTGAGE For its Complaint Plaintiff says: 1 Plaintiff, LONGBRIDGE FINANCIAL, LLC, files this Complaint to foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage ("Mortgage”) hereinafter described, pursuant to 735 ILCS 5/15-1101 et. seq. of the Illinois Code of Civil Procedure, and joins the persons named in the caption as Defendants: UNKNOWN HEIRS AND LEGATEES OF BEVERLY E. BENFORD; UNITED STATES OF AMERICA ACTING BY AND THROUGH ITS AGENCY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; DISCOVER BANK; UNKNOWN OWNERS AND NON-RECORD CLAIMANTS Attached as "Exhibit A" is a true copy of the Mortgage which has been modified to redact certain Non-Public Personal Information (“PI”) from the exhibit. Attached as "Exhibit B" is a true copy of the Note secured thereby which has been modified to redact certain PI from the exhibit. Attached as “Exhibit C” is a true copy of the Assignment(s) which has been modified to redact certain PI from the exhibit. 3 Information concerning said Mortgage: (a) Nature of the instrument: Mortgage. (b) Date of Mortgage: 12/10/2012 (c) Name ofthe mortgagors: BEVERLY E. BENFORD (DECEASED) (d) Name of the mortgagee: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR (e) Date of Recording and place of recording: 12/31/2012 in the Cook County Recorder of Deeds Office (f) Identification of Recording: Document No. 1236650056 (g) Interest Subject to the mortgage: Fee Simple (h) Amount of Original Indebtedness, including subsequent advances made under the mortgage: $150,000.00 (i) Legal description of mortgaged real estate: LOT 26 IN BLOCK 7 INMARSTON AND AUGUR’S SUBDIVISION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20 TOWNSHIP 38 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS COMMON ADDRESS: 1452 WEST 71ST STREET CHICAGO, IL 60636 Tax ID# 20-20-326-036-0000 @ Statement as to Defaults: Pursuant to the terms of the Mortgage, grounds for acceleration exist because the mortgagor, BEVERLY E. BENFORD, died on or about 2/27/2024. The outstanding amount due on the mortgage and note is 127,025.78, plus interest, cost and fees, and advances, if any, made by the plaintiff. Interest accrues pursuant to the terms of the note. The current per diem is $0.2935. (k) Name of present owner(s) of the real estate: UNKNOWN HEIRS AND LEGATEES OF BEVERLY E. BENFORD, DECEASED Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois :ookcountyclerkofcourt.org (1) 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 Defendant, UNITED STATES OF AMERICA ACTING BY AND THROUGH ITS AGENCY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, has or may claim an interest in the subject real estate by virtue of HOME EQUITY CONVERSION MORTGAGE recorded in COOK County, IL on 12/31/2012 as Document Number #1236650057. Plaintiff alleges that said interest is subordinate and inferior to the lien of the plaintiff. Defendant, DISCOVER BANK, has or may claim an interest in the subject real estate by virtue of JUDGMENT recorded in COOK County, IL on 2/14/2022 as Document Number #2204539124. Plaintiff alleges that said interest is subordinate and inferior to the lien of the plaintiff. (m) Names of defendants claimed to be personally liable for deficiency unless personal liability is discharged in a Bankruptcy proceeding, or otherwise released: None (n) Capacity in which plaintiff brings this foreclosure: Plaintiff is the legal holder of the indebtedness secured by the mortgage being foreclosed herein. (0) Facts in support of a request for attorneys’ fees and of costs and expenses, if applicable: The subject mortgage provides for the recovery of attorney fees, court costs, and expenses in the event of a default under the terms of the mortgage. 4. 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. 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 Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois :ookcountyclerkofcourt.org 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 Mortgagee in Possession or appointment of receiver. WHEREFORE, PLAINTIFF REQUESTS: 1 A Judgment of Foreclosure and Sale. 2. A Judgment for attorney's 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 sought. Appointment of Mortgagee in Possession or Receiver, if sought. Such other and further reliefas the Court deems just. LONGBRIDGE FINANCIAL, LLC By:_/s/David Mazzella_ 6/18/2024 | ARDC No. 6344319 Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois :ookcountyclerkofcourt.org Robertson Anschutz Schneid Crane & Partners, PLLC Attorney for Plaintiff 205 N. Michigan Avenue Suite 810 Chicago, Illinois 60601 Phone: (561) 241-6901 E-mail: ILmail@raslg.com 24-213889 Pursuant to IL Supreme Court Rule 11 electronic mail (e-mail) notice shall be sent to ILmail@raslg.com. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois ookcountyclerkofcourt.org Illinois Anti:Prédatory Exhibit A Lending Database Program aDoc#: 12366501 056 Fee: $60.00 Karen A. Yarb rou igh RHSP Fee:$10.00 a Certificate of Exemption Coo k County Recorder of Dee ds Date: 12/31/2012 10:45 AM Pg: 1 of 12 INMA pp, OYNG. Y Report Mortgage Fraud PIN: 20-20-326-036-0000 Address: Street: 1452 W. 71ST STREET Street line 2: City: CHICAGO State: IL ZIP Code: 60636 » Lender: SUN WEST MORTGAGE COMPANY, INC Borrower; BEVERLY E BENFORD _ Loan / Mortgage Amount: $150,000.00 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 loan is a reverse mortgage. Certificate number: 6E3CFC61-A057-4DFF-BA63-7802C416C44B Execution date: 12/10/2012 % “ - Record and Return to: Sun West Mortgage Company, Inc. 18303 Gridley Road Cerritos, CA 90703-5401 This instrument was prepared by: Name: SUN W ST MORTGAGE COMPANY, INC. Address: 18303 Gridley Road Cerritos, CA 90703-5401 FHA Case Numbe a Lo: umber State of Iino MN MORTGAGE (Home Equity Conversion Mortgage) THIS MORTGAGE SECURES A REVERSE MORTGAGE LOAN THIS MORTGAGE ("Security Instrumen ") is given on December 10, 2012. The mortgagor is BEVERLY E. BENFORD, whose address is 1452 W! EST 71ST STREET, CHICAGO, IL 60636-3955 ("Borrower"). This rity Instrument is given to Sun W t Mortgage Company, Inc., which i organi ed and existing under the laws of United States. and whose addressi: 18303 G: ley R ad, Cerritos, CA 90703 5401 ("Lender"), The mortgagee under this Security Instrumenti Mortgage ctron Registration Systems, Inc. ((MERS”) (solely as nominee for Lender and Lender's successors and assigns) and the suc ssors and assigns of MERS MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS Borrower has agreed to repay to Lender amounts which Lender is obligated to advance including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay is evidenced by Borrower's Note dated the same date as thi Security Instrument ("Note"). Thi ecurity Instrument secures to Lender: (a) the rep ayment of the debt evidenced by the Note, including all future advance with interest, at a rate subject to ad stment and all renewals, extensions and modi ations of the Note, up to a maximum principal amount of O1 ¢ Hundred Fifty Thou nd and 00/100 Dol ars (U.S.$150,000.00); (b) the payment of all other sums, with interest, advanced under P; agraph 5 to protect the urity of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Thefull debt, including all amounts described in (a), (b), and (c) above, if not paid earlier, is due and payable on December 23, 2098. For this purpose, Borrower does hereby mort, age, grant and convey to Lender and Lender's successors and assigns, the following described property located in COOK County, Illinois, which has the address of: 1452 W ST 71 STREET, CHICAGO, IL 60636-3955, and is described more fully on Exhibit A attached to and het by incorporated into this Mortgage (“Property Addre: ), TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights 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 Mlinois 1% MERS Security Instrument © Bay Does, Inc. 06/10 Page 1 - BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the tight to mortgage, grant and convey the Property and that the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall pay when due the principal of and interest on, the debt evidenced by the Note. 2.” Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement. 3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This insurance shall be maintained in the amounts, to the extent and for the periods required by Lender or the Secretary of Housing and Urban Development ("Secretary"). Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss to Lender, instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Sccond Note and Second Sccurity Instrument held by the Secretary on the Property and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity Iegally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after the execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title (o the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. Mlinois 1” MERS Security Instrument © Bay Does, Inc. 06/10 Page 2 5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2, To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Premium ("MIP") as defined in the Loan Agreement as well as all sums due to the loan servicer for servicing activities ("Servicing Fee") as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation, or other taking of any part of the Property, or for conveyance in place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under the Second Note and Second Sccurity Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding. indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8._ Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security Instrument if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains (a) title to the Property in fee simple, (b) a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower, or (c) a life estate in the Property (or retains a beneficial interest in a trust with such an interest in the Property). (b) Due and Payable with Secretary Approval. Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval by an authorized representative of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; or Iinois 1 MERS Security Instrument © Bay Docs, Inc. 06/10 Page 3 ee (i) For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (ii) An obligation of the Borrower under this Security Instrument is not performed. (©) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in Paragraph 9(a)(ii) and (b) occur. (d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the loan becomes due and payable under Paragraph 9(a)(ii) and (b). Lender shall not have the right to commence foreclosure until Borrower has had thirty (30) days after notice to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the Lender with a deed in lieu of foreclosure. (e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 9. (f) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be eligible for insurance under the National Housing Act within eight (8) months from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to eight (8) months from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full. This right applics even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment in full. Foreclosure costs and reasonable and customary attorneys! fees and expenses properly associated with a foreclosure proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement i i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two (2) years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. 12. First Lien Status Illinois 1 MERS Security Instrument © Bay Docs, Inc. 06/10 Page 4 (a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state jaw (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the Property is not encumbered by any liens (except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the priority of the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit the original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (c) Prior Liens. 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 manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ten (10) days of the giving of notice. 13. Relationship to Second Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and a Second Secutity Instrument on the Property. (b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt under the Note unless: (i) This Security Instrument is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments but excluding late charges paid by the Secretary, shall be included in the debt under the Note. (©) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: ()) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance under the Note. (d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second Illinois 1 MERS Security Instrument © Bay Docs, Inc. 06/10 Page 5 . Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable to collect amounts owed under the Note because of restrictions in this Paragraph 13. 14, Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of, or preclude the exercise of, any right or remedy. 15. Successors and Assigns Bound; Joint and Several Liab’ . The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except to a trust that mects the tequirements of the Secretary. Borrower's covenants and agreements shall be joint and several. 16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address all Borrowers jointly designate. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. 17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 19, Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full. 20. Foreclosure Procedure, If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding, Lender shall be entitled to collect all expenses incurred in pursuing the rem provided in this Paragraph 20, including, but not li ited to, reasonable attorneys’ fees and costs of title evidence. Mlinois 1 MERS Security Instrument © Bay Does, Inc. 06/10 Page 6 1° 21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or taxes. 22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of Three and 215/1000's percent (3.215%) which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate will be based upon the One-Month London Interbank Offered Rate ("LIBOR") as made available in the "Money Rates” section of the Wall Street Journal (“Index”) plus a margin... If the Index is no longer available, Lender will be required to use any index prescribed by the Department of Housing and Urban Development. The new index will have a historical movement substantially similar to the original index, and the new index and margin will result in an annual percentage rate that is substantially similar to the rate in effect at the time the original index becomes unavailable. Lender will perform the calculations described below to determine the new adjusted interest rate. The interest rate may change on the first day of March, 2013, and on __ that day of each succeeding year, X__ the first day of each succeeding month (“Change Date”) until the loan is repaid in full. The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the Change Date ("Current Index"). Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index, subject to the rate limitations below, will be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be compared to the interest rate in effect immediately prior to the current Change Date (the "Existing Interest Rate”). Annually Adjusting Variable Rate Feature - The Calculated Interest Rate will never increase or decrease by more than two percentage points (2.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0%) higher or lower than the Initial Interest Rate stated in Paragraph 2 of the Note. Monthly Adjusting Variable Rate Feature - The Calculated Interest Rate will never increase above 13.215%. The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described above and will be in effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing Interest Rate, the interest rate will not change. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 24. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower as well as Loan Advances for interest, MIP, Servicing Fees, and other charges shall be obligatory. 25. Waiver of Homestead. In accordance with Illinois law, the Borrower hereby releases and waives all rights under, and by virtue of, the Illinois homestead exemption laws. Illinois 1 MERS Security Instrument © Bay Docs, Inc. 06/10 Page 7 26. Placement of Collateral Protection Insurance. Unless Borrower provides Lender with evidence of the insurance coverage required by Borrower's agreement with Lender, Lender may purchase insurance at Borrowe expense to protect Lender’s interests in Borrower's collateral. This insurance may, but need not, protect Borrower interest ‘The coverage that Lender purchases may not pay any claim that Borrower make! or any claim that is made agé inst Borrower in connection with the collateral. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained insurance as required by Borrower's and Lender's agreement. If Lender purchases insurance for the collateral, Borrower will be responsible for the costs of that insurance , including interest and any other charges Lender may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance may be added to Borrower's total outstanding balance or obligation. The costs of the insurance may be more than the cost of insurance Borrower may be able to obtain on its own. 27. Nominee Capa city of MERS, MERS serves as mortgagee of record and secured party solely as nominee, in an administrative capacity, for Lender and its successors and assigns and holds legal title to the interests granted, assigned, and transferred herein, All payments or depo: with respect to the Secured Obligations shall be made to Lender, all advances under the Loan Documents shall be made by Lender, and all consents, approvals, or other determinations required or permitted of Mortgagee herein shall be made by Lender. MERS shall at all times comply with the instructions of Lender and its successors and assigns. If necessary to comply with law or custom, MERS (for the benefit of Lender and its successors and a signs) may be directed by Lender to exercise any or all of those interests, including without limitation, the right to foreclose and sell the Property, and take any action required of Lender, including without limitation, a release, discharge or reconveyance of this Security Instrument. Subject to the foregoing, all references herein to “Mortgage” shall include Lender and its successors and assigns. 28. Riders to this Se curity Instr ment. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of cach such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check all riders that are applicable}. : Se Yondominium Rider [ PUD Rider Shared Appreciation Rider Other BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with Signature: BEVERLY E, ENFORD (BORROW Mlinois 1 MERS Secur ity Instrument © Bay Docs, Inc. 06/10 Page 8 State of Ili inois \ K County 1@&Kotdry Public in and for said county and state do hereby certify that BEVERLY E. BENFOR!| |, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose names is (or are) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he (she or they) signed and delivered the said instrument as his (her or their) free and voluntary act, for the uses and purposes therein set forth. Dated: Dee 10, 2 OA 2520 d Sigel: 7 7 Name: G padalage pAadracle Title: lic Mail to: NOP OP LIDAR DAIL OFFICIAL SEAL GUADALUPE ANDRADE NOTARY PUBLIC - STATE OF ILLI! 01S MY COMMISSION EXPIRES:08/0 1116 (Recorder's Box # DO NOT WRITE BELOW THIS LINE - Illinois 1 MERS Security Instrument ©Bay Docs, Inc. 06/10 Page 9 EXHIBIT A Exhibit A to the Mortgage given on December 10, 2012, by BEVERLY E. BENFORD ("Borrower") to Sun West Mortgage Company, Inc. ("Lender"). The Property is located in the county of COOK, state of IL, and is described as follows: a Description of Property LOT 26 IN BLOCK 7 IN MARSTON AND AUGUR'S SUBDIVISION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20 TOWNSHIP 38 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. APN: 20-20-326-036-0000 . Mlinois 1* MERS Security Instrument © Bay Docs, Inc. 06/10 Page 10 EXHIBIT A Commitment Number: [i LOT 26 IN BLOCK 7 IN MARSTON AND AUGUR'S SUBDIVISION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 20 TOWNSHIP 38 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS 20-20-326-036-0000 1452 W. 71ST STREET CHICAGO IL PRIMARY TITLE SERVICES, LLC 8833 GROSS POINT ROAD #205 - SKOKIE, IL 60077-1859 (P) 847-677-8833 (F) 847-673-8833 A Policy Issuing Agent for STEWART TITLE GUARANTY COMPANY Commitment Exhibit A ADJUSTABLE RATE NOTE Exhibit B (HOME EQUITY CONVERSION) STATE OF IL. December 10, 2012 PROPERTY ADDRESS