Preview
Hearing Date: 8/19/2024 9:15 AM
Location: Court Room 2810
Judge: Wright, James A
FILED
6/20/2024 2:00 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH05804
Calendar, 64
28194970
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
Associated Bank, N.A.
PLAINTIFF
Vs. N
2024CH05804
Latrisha Brooks; State of Illinois - Department of
Revenue; Unknown Heirs and Legatees of Ronnell 16348 Dobson Ave, South Holland, IL 60473
Allane Brooks a/k/a Ronnell Brooks; Mary Ann Brooks;
Unknown Owners and Nonrecord Claimants
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, ASSOCIATED BANK, N.A., by and through its attorneys, CODILIS &
ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows:
1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a
mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants":
Latrisha Brooks; State of Illinois - Department of Revenue; Unknown Heirs and Legatees of Ronnell Allane
Brooks a/k/a Ronnell Brooks; Mary Ann Brooks; 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: 7/27/2020
(C) Name of mortgagor(s):
Ronnell Allane Brooks a/k/a Ronnell Brooks executed the mortgage, however this individual is
deceased and is not named as a defendant in this lawsuit
(D) Name of the original mortgagee:
Associated Bank, N.A.
(E) Date and Place of Recording or Registering:
9/17/2020
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 2026107036
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(J) Original Indebtedness: $221,853.00
(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 13 IN BLOCK 7 IN CHAPMAN'S TULIP TERRACE, BEING A SUBDIVISION IN THE
NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 14, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 3,
1957, AS DOCUMENT 16866519, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 16348 Dobson Ave, South Holland, IL 60473
TAX PARCEL NUMBER: 29-23-108-013-0000
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of Principal, taxes, Interest
and insurance for 02/01/2024, through the present; the Principal balance due on the Note and the Mortgage
is $206,045.97, plus Interest, costs, advances and fees. Interest accrues pursuant to the Note, and the current
per diem is $18.35.
(K) Name of present owner(s) of said premises:
Latrisha Brooks
Unknown Heirs and Legatees of Ronnell Allane Brooks a/k/a Ronnell Brooks
Mary Ann Brooks
(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:
The State of Illinois by virtue of a Notice of Lien recorded/registered on May 25, 2016 as document
#1614604112 in the office of the recorder/registrar of Cook County, Illinois. Said notice was recorded
against Ronnell Brooks of 5131 S. University Ave Apt 1B, Chicago IL 60615-3929 for the nonpayment of
IL Individual Income Tax tax in the amount of $532.22.
Unknown Heirs and Legatees of Ronnell Allane Brooks a/k/a Ronnell Brooks, by virtue of the fact that,
upon information and belief, Ronnell Allane Brooks a/k/a Ronnell Brooks is deceased. The name(s) of said
unknown heirs and legatees is not known to the Plaintiff;
Latrisha Brooks, by virtue of the fact that, upon information and belief, he/she is believed to be an Heir of
Ronnell Allane Brooks a/k/a Ronnell Brooks, deceased, and may have some interest in the subject real
estate; the interest, if any, of Latrisha Brooks is subordinate and inferior to the interest of the Plaintiff
herein.
Mary Ann Brooks, by virtue of the fact that, upon information and belief, he/she is believed to be an Heir of
Ronnell Allane Brooks a/k/a Ronnell Brooks, deceased, and may have some interest in the subject real
estate; the interest, if any, of Mary Ann Brooks is subordinate and inferior to the interest of the Plaintiff
herein.
(M) Names of defendants claimed to be personally liable for deficiency, if any:
None.
(N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15-
1208.
(O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor
or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise
submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure,
whichever is later, if sought:
The redemption period shall be determined pursuant to 735 ILCS 5/15-1603.
(P) Statement that the right of redemption has been waived by all owners of redemption: There has been no
executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded
from accepting such a waiver of redemption by the filing of this complaint.
(Q) Facts in support of request for attorneys’ fees and of costs and expenses, if applicable: The subject
mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the
mortgage.
(R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a
receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief
after the filing of the instant foreclosure action by separate petition if such relief is sought.
(S) Offer to the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction
of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of
an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the
filing of the instant foreclosure action.
(T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation
of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof:
Latrisha Brooks; Mary Ann Brooks;
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) An order granting possession, if sought.
(iv) An order placing the mortgagee in possession or appointing a receiver, if sought.
(v) Ajudgment for attorneys' fees, costs and expenses, if sought.
(vi) For the appointment of a Selling Officer, if deemed appropriate by this court.
(vii) Such other and further relief as this court deems just.
Associated Bank, N.A.
BY: /s/ Matthew Naglewski
ARDC No. 6322722
CODILIS & ASSOCIATES, P.C.
One of its Attorneys
Codilis & Associates, P.C.
15W030 North Frontage Road, Suite 100
Burr Ridge, IL 60527
(630) 794-5300
pleadings@il.cslegal.com
Cook #21762
14-24-03671
NOTE: This law firm is a debt collector.
PERSONAL INFORMATION REDACTED Doc#. 2026107036 Fee: $98.00
Edward IM. Moody
Cook County Recorder of Deeds
Date: 09/17/2020 08:42 AM Pg: 1 of 14
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The property identified as: PIN: aR oe 8 « 000
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Address: Ss
Street: 16348 DOBSON AVE
Street line 2:
City: SOUTH HOLLAND. State: IL “f a Code: 60473
é
Lender ASSOCIATED BANK, NA, oe
RONNELL ALLANE BROOKS A/K/A RONNELL BROOKS ad &
ce
Borrower: a 's
ATA/ GM je Agency
85 W. 1 Road, Suite 120
Arling|
Loan / Mortgage Amount: $221,853.00 Fila #
This property fs located within the program area and the transaction is exempt from the requirementixSh765
és
ILS 77/70
et seq. because the application was taken by an exempt entity.
Lb
ea
oe
Certificate number
ee Execution date: 712712020
2026107036 Page: 2 of 14
After Recording Return To:
Associated Bank Records Dept.
PO Box 8009
os 1305 Main Street
Stevens Point, WI 54481
“Prepared By:
Patrick Wright
Assogiated Bank National Association
200 North Adams Street
Green Bay; (154301
Parcel ID Number: 29-23-108-013-0000
[Space Above This Line For Recording Data]
MORTGAGE
a
State of Illinois ATA J GMT. A FHA Case #|
a5 W. Algon ad, Suite 120 Loar
Arlini
DEFINITIONS
lle
Words used in multiple sections of this déctiment are defined below and other words are defined in
Sections 3, 10, 12, 17, 19 and 21. Certain rules egarding the usage of words used in this document are
also provided in Section 16.
Me
(A) “Security Instrument” means this document, iy dated July 27, 2020, together with all Riders
to this document.
(B) “Borrower” is Ronnell Allane Brooks alka Ronne'f8Brovo oks, single person. Borrower is the
mortgagor under this Security Instrument
(c) “Lender” is Associated Bank, N.A.. Lender is 2 Corporation organized and existing under the
laws of The United States of America. Lender's address is 200-N,Adams St, Green Bay, WI 54301.
Lender is the mortgagee under this Security Instrument. “i,
(D) “Note” means the promissory note signed by Borrower and Gated July 27, 2020. The Note
states that Borrower owes Lender TWO HUNDRED TWENTY ONE ‘THO SAND EIGHT HUNDRED
FIFTY THREE AND NO/100 Dollars (U.S. $221,853.00) plus interest. Borrower fas promised to pay this
debt in regular Periodie Payments and to pay the debt in full not later than Auguét04, 2050.
(=) “Property” means the property that is described below under the heading!" 7 ansfer of Rights in
the Property.”
F) “Loan” means the debt evidenced by the Note, plus interest, late charges due’ jer the Note,
and all sums due under this Security Instrument, plus interest.
(s) “Riders” means all Riders to this Security Instrument that are executed by Border. The
following Riders are to be executed by Borrower [check box as applicable]:
iex
{] Adjustable Rate Rider [1 Planned Unit Development Rider
{ ] Condominium Rider [J Other(s)[specify]
&
2026107036 Page: 3 of 14
(H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
() “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and
a8 ‘other charges that are imposed on Borrower or the Properly by a condominium association, homeowners
‘ociation 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
instrunient, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit in aegount. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine trafisactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) “Escrow items? means those items that are described in Section 3.
(Ly “| Miscellaneads roceeds” means any compensation, settlement, award of damages, or proceeds
paid by any third party (ther than insurance proceeds paid under the coverages described in Section 6)
for: (i) damage to, or déstru? fion of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (ii) conveyance jou of condemnation; or (iv) misrepresentations of, or omissions as to, the
“Mortgage Insurance” re
value and/or condition of thé Pre ty,
() ans insurance protecting Lender against the nonpayment of, of
default on, the Loan.
(N) “Periodic Payment” means the ségularly scheduled amount due for (i) principal and interest under
the Note, plus (i) any amounts under Section 3 of this Security Instrument.
(Oo) “RESPA” means the Real Estate‘Settlement Procedures Act (12 U.S. . §2601 et seq.) and its
implementing regulation, Regulation X (12°C.F,Ri-Part 1024), as they might be amended from time to
time, or any additional or successor legislation: regulation that governs the same subject matter. As
used in this Security Instrument, "RESPA" refers {oil requirements and restrictions that are imposed in
regard lo a “federally related morigage loan’ evei“fthe Loan does not qualify as 2 “federally related
mortgage loan” under RESPA.
(P) “Secretary” means the Secretary of the United States Department of Housing and Urban
Developmentor his designee. 5.
(Q) “Successor in Interest of Borrower” means any Bi iat has taken title to the Property,
whether or not that party has assumed Borrower's obligatior inder the Note and/or this Security
Instrument. weae
TRANSFER OF RIGHTS IN THE PROPERTY.
This Security Instrument secures to Lender: (i) the repayment of the Loan, and. renewals, extensions:
and modifications of the Note; and (ii) the performance of Borrower's covenants.and, agreements under
this Security Instrument and the Note. For this purpose, Borrower does hereby rigage, grant and
convey to Lender and Lender's successors and assigns, the following described prop located in the
COUNTY of COOK: y
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF
which currently has the address of 16348 Dobson Ave South Holland, Illinois, 60473 OPhope)
Address"):
AS
2026107036 Page: 4 of 14
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 COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and
a8 ‘has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except
encumbrances of record. Borrower warrants and will defend generally the title to the Property against
aims and demands, subject to any encumbrances of record.
‘gf
{AHIS 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. Ph
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
4. Payment? f Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay
when due the principal-cf, and interest on. the debt evidenced by the Note and late charges due under
the Note. Borrower shaif 4léo pay funds for Escrow Items pursuant to Section 3. Payments due under
the Note and this Security strument shall be made in U.S. currency. However, if any check or other
instrument received by Léfder. payment under the Note or this Security Instrument is returned to
Lender unpaid, Lender may reQsire that any or all subsequent payments due under the Note and this
Security Instrument be made in r more of the following forms, as selected by Lender (a) cash;
(b) money order; {c) certified check, k check, treasurer's check or cashier's check, provided any such
check js drawn upon an institution whos deposits are insured by @ federal agency, instrumentally, or
entity; or (d) Electronic Funds Transfer. Soe f
Payments are deemed received by Lender.when received al the location designated in the Note
or at such other location as may be designated by Lender in accordance with the notice provisions in
Section 14. Lender may return any payment oF jal payment if the payment or partial payments are
insufficient to bring the Loan current. Lender may Me‘agé@pt.any payment or partial payment insufficient to
bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future, but Lender is riot obligated to apply such payments at the time
such payments are accepted. If each Periodic Payment ig, ap plied as of its scheduled due date, then
Lender need not pay interest on unapptied funds. Lender may jd such unapplied funds until Borrower
makes payment to bring the Loan current. If Borrower does not By 90 within a reasonable period of time,
Lender shall either apply such funds or return them to Borrower. ‘Not’applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediatelf,ptior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall-velieve Borrower from making
payments due under the Note and this Security Instrument or performing the: nants and agreements
secured by this Security Instrument
2. Application of Payments or Proceeds. Except as otherwise desctihéd.in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority:
First, to the Mortgage Insurance premiums to be paid by Lender to the Secrétaty: the monthly
charge by the Secretary instead of the monthly mortgage insurance premiums: i
Second, to any taxes, special assessments, leasehold payments or ground rents, idsfire, flood
and other hazard insurance premiums, as required
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and, wat
Fifth, to late charges due under the Note,
Any application of payments, insurance proceeds, of Miscellaneous Proceeds to principal dtie,
oo
2026107036 Page: 5 of 14
under the Note shall not extend or postpone the due date, or change the amount of the 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) leasehold payments or ground rents on the Property, if any;
eo {c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
-oBtemiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the
mofithly Mortgage Insurance premiums. These items are called “Escrow Items At origination or at any
(ime! during the term of the Loan, Lender may require thet Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow: ,.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
Section. Brewer
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay’ Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to
Lender Funds fér any or all Escrow Items at any time. Any such waiver may only be in writing. In the
event of such wai orrower shall pay directly, when and where payable, the amounts due for any
Escrow Items for whic yment of Funds has been waived by Lender and, if Lender requires, shall
furnish to Lender receipts videncing 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 agreémentontained in this Security Instrument, as the phrase “covenant and
agreement” is used in Section! Borrower is obligated to pay Escrow Items directly, pursuant to a
waiver, and Borrower fails to pay’ mount due for an Escrow Item, Lender may exercise its rights
under Section 9 and pay such amauntand Borrower shall then be obligated under Section 9 to repay to
Lender any such amount. Lender may seVoke the waiver as to any or all Escrow Items at any time by a
notice given in accordance with Section "and, ‘E upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are thertréquized, 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 nd (b} not to exceed the maximum amount a lender
can require under RESPA. Lender shall estimate tie imgunt of Funds due on the basis of current data
and reasonable estimates of expenditures of Ture Been Items or othenvise 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 insti i6n, whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds 18% PB ‘the Escrow Items no later than the
time specified under RESPA. Lender shall not charge Borrower iding and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Hers, ‘unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such Harge. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on the Funds, \der shall not be required
to pay Borrower any interest or earnings on the Funds Borrower and Led can agree in writing
however, that interest shall be paid on the Funds. Lender shall give to Boro 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 Funi éld in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrowe| all pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no iriore than
42 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, bender
shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary
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 prompt
8
2026107036 Page: 6 of 14
refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
altributable 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.
a Borrower shalll promptly discharge any lien which has priority over this Security Instrument unless
forrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
‘ac¢@ptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in
gobd faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion
operaté;to, prevent the enforcement of the lien while those proceedings are pending, but only until such
proceedings are concluded; or (c) secures from the holder of the lien an agreement salisfactory to Lender
subordinating:the lien to this Security Instrument. If Lender determines that any part of the Properly is
subject to a fienWhich 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 the actions set forth above in this Section 4.
5. Propert surance, Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term “extended
coverage,” and any other ards including, but not limited to, earthquakes and floods, for which Lender
requires insurance. This ifsurapée shall be maintained in the amounts (including deductible levels) and
for the periods that Lender reqjuirds,,.. What Lender requires pursuant to the preceding sentences can
change during the term of the Loan: he insurance carrier providing the insurance shall be chosen by
Borrower subject to Lender's right ta,,disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrgiver to pay, in connection with this Loan, either: (a) a one-time
charge for flood zone determination, cei ion and tracking services; or (b) a one-time charge for flood
zone determination and certification servieés and-subsequent charges each time remappings or similar
changes occur which reasonably might affect such ‘ termination or certification. Borrower shall also be.
responsible for the payment of any fees impo: the Federal Emergency Management Agenoy in
connection with the review of any flood zone deter n resulting from an objection by Borrower.
If Borrower fails to maintain any of the coveragés'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 ot amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrawer’s equity in the Property, or thé ts of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage as previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained’ pt significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbur: ‘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 Payoh, _iyith such interest, upon
notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such polish all 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 ‘hold the policies
and renewal certificates. If Lender requires, Borrower shall promptly give to Lender afl yéégipts of paid
premiums and renewal nolices. If Borrower obtains any form of insurance coverage. “otherwise
required by Lender, for damage to, or destruction of, the Property, such policy shall included 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 Borréwep:
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was requiréd.
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2026107036 Page: 7 of 14
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 Properly 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
= Camade in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall
Alot be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or
‘oll@t: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"béslessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, wether or not then due, with the excess, if any, paid lo Borrower. Such insurance proceeds
shall be appli the order provided for in Section 2.
If Borrawer abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related d. tatters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier. s off red to settle a claim, then Lender may negotiate and settle the claim. The 30-
day period will begin the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwi rrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not t.exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borroweis rights (other than the right to any refund of uneamed premiums paid by
Borrower) under all insurance policies.= covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender'may.use the insurance proceeds either to repair or restore the Property
or to pay amounts unpaid under the Note of this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall:Secupy, establish, and use the Property as Borrower's principal
residence within 60 days after the executién’ of this Security Instrument and shall continue to occupy the
Property as Borrower's principal resideneé for,at.least one year after the date of occupancy, unless
Lender determines that this requirement shall fause undue hardship for the Borrower or unless
extenuating circumstances exist which are beyor rower's control.
7. Preservation, Maintenance and Protétettion of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, allow thé: Rroperty to deteriorate or commit waste on the
Property. Borrower shall maintain the Property in ordef to-prevent the Property from deteriorating or
decreasing in value due to its condition. Unless it is detérmiried pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall prompil repair the Property if damaged to avoid
further deterioration or damage. If insurance or condemnatioi receeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be re Ie for repairing or restoring the
Property only if Lender has released proceeds for such purposes. Lendef;may disburse proceeds for the
repairs and restoration in a single payment or in a series of progress paymen is the work is completed.
Hf the insurance or condemnation proceeds are not sufficient to repair or restore the Properly, Borrower is
not relieved of Borrower's obligation for the completion of such repair or restor
If condemnation proceeds are paid in connection with the taking of the: property, Lender shatl
apply such proceeds to the reduction of the indebtedness under the Note and this Security instrument,
first to any delinquent amounts, and then to payment of principal. Any application of the.proceeds to the
principal shall not extend or postpone the due date of the monthly paymenis or changerttie’ amount of
such payments.
Lender or its agent may make reasonable entries upon and inspections of the Property, ithas
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shalt give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable caus:
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,
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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, representations concerning Borrower's occupancy of the
Properly 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
ae‘Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property
‘andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for
“eqndemnation 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 di and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and
rights under thig Security Instrument, including protecting and/or assessing the value of the Properly, and
securing and/er-tepairing the Property. Lender's actions can include, but are not limited to: (a) paying any
sums secured,®j,.a lien which has priority over this Security Instrument; (b) appearing in court; and
(c) paying reasonable attomeys’ fees to protect its interest in the Property and/or rights under this
Security Instrument, | luding its secured position in a bankruptey proceeding. Securing the Property
includes, but is not lirtiléd to, entering the Property to make repairs, change locks, replace or board up
doors and windows, ‘ain water from pipes, eliminate building or other code violations or dangerous
conditions, and have util tes, Aurned on of off, Although Lender may take action under this Section 9,
Lender does not have to dé'so a is not under any duty or obligation to do so. It is agreed that Lender
incurs no liability for not taking Any gr all actions authorized under this Section 9.
Any amounts disbursed byl ler under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. © iese amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, withyStoh interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on leasehold, Borrower shall comply with all the provisions of the
lease. [171196] If Borrower acquires fee title to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writ
10. Assignment of Miscellaneous Procééds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, if the restoration or repair is economically f ible and Lender's security is not lessened.
During such repair and restoration period, Lender shall havé the right to hold such Miscellaneous
Proceeds unti! Lender has had an opportunity to inspect such”Property to ensure the work has been
completed to Lender's satisfaction, provided that such inspection sfatf’be, undertaken promptly, Lender
may pay for the repairs and restoration in a single disbursement or in’: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 Miscellaneous Proceeds, Lender shall not be required to pay errower any interest or
earings on such Miscellaneous Proceeds. If the restoration or repair is ni nomically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applieit. the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid, fo-Borrower Such
Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, whe Iscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not tfigti;due, with
the excess, If any, pald to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair pate
value of the Properly immediately before the partial taking, destruction, or loss in value is equ:
greater than the amount of the sums secured by this Security Instrument immediately before the partial.
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums.
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secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
‘amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
‘d by this Security Instrument whether or not the sums are then due.
‘os af the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
OpposingParty (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower‘ails:to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect andsapply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured,2¥,, is Security Instrument, whether or not then due. “Opposing Party” means the third
parly that owes Borrower Miscellaneous Proceeds or the parly against whom Borrower has a right of
action in regard to.tilisvellaneous Proceeds.
Borrower shal 12 in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could fésult in forfeiture of the Properly or other material impairment of Lender's
interest in the Property or: ts under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred,’reinstate as provided in Section 18, by causing the action or proceeding to be
dismissed with a ruling that, in"Lenders judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in‘tl roperty or rights under this Security Instrument. The proceeds of
any award or claim for damages thataté attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to,Képder.
All Miscellaneous Proceeds that ate not applied to restoration or repair of the Property shall be
applied in the order provided for in Section:
11. Borrower Not Released; Forbear: 2 By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the fis secured by this Security Instrument granted by
Lender to Borrower or any Successor in Interest of'Bisower shall not operate to release the liability of
Borrower or any Successors in Interest of Borrower<-Lender shalt not be required to commence
proceedings against any Successor in interest of Borrower,orto refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Secufity Instrument by reason of any demand
made by the original Borrower or any Successors in Interest ofBgrower. Any forbearance by Lender in
exercising any right or remedy including, without limitation, Lender's. acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in amouni és. {han the amount then due, shall
not be a waiver of or preclude the exercise of any right or remedy
12. Joint and Several Liabil vi Co-signers; Successors a As ins Bound. Borrower
covenants and agrees that Borrower's Obligations and liability shall be joint, veral. However, any
Borrower who co-signs this Security Instrument but does not execute the Noté ‘co-signer’): (a) is co-
signing this Security Instrument