Preview
Hearing Date: 8/19/2024 10:30 AM
Location: Court Room 2803
Judge: Sullivan, William B
FILED
6/20/2024 1:32 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH05794
Calendar, 60
28194006
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
PennyMac Loan Services, LLC
PLAINTIFF
Vs. No. 2024CH05794
Suzette Z. Carson-Davis; Lakeview Club Condominium
Association; Unknown Owners and Nonrecord Claimants 3680 186th St #303, Lansing, IL 60438
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, PENNYMAC LOAN SERVICES, LLC, by and through its attorneys, CODILIS &
ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows:
1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a
mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants":
Suzette Z. Carson-Davis; Lakeview Club Condominium Association; 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.
Attached as "EXHIBIT C" is a copy of the Loan Modification Agreement.
3. Information concerning said Mortgage:
(A) Nature of the instrument: Mortgage.
(B) Date of the Mortgage: 1/17/2020
(C) Name of mortgagor(s):
Suzette Z. Carson-Davis
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for First Savings Bank
(E) Date and Place of Recording or Registering:
2/19/2020
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 2005047125
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $93,180.00
(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 303 IN BUILDING #4 IN LAKEVIEW CLUB CONDOMINIUMS AS DELINEATED ON A
SURVEY OF PART OF THE SOUTHEAST FRACTIONAL 1/4 (EXCEPT THE SOUTH 25 FEET
THEREOF) OF SECTION 32, TOWNSHIP 36 NORTH, RANGE 15, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS, WHICH SURVEY IS ATTACHED AS EXHIBIT "A" TO
THE DECLARATION OF CONDOMINIUM WHICH WAS RECORDED MAY 21, 1993 AS
DOCUMENT #93-384028 AS AMENDED BY A FIRST AMENDMENT WHICH WAS RECORDED
AUGUST 26, 1994 AS DOCUMENT #94-758009 AND AS AMENDED BY A SECOND AMENDMENT
WHICH WAS RECORDED JULY 7, 1995 AS DOCUMENT #95-440696 AND AS AMENDED BY A
THIRD AMENDMENT WHICH WAS RECORDED OCTOBER 31, 1995 AS DOCUMENT #95-744079
AS AMENDED FROM TIME TO TIME, TOGETHER WITH ITS UNDIVIDED PERCENTAGE
INTEREST IN THE COMMON ELEMENTS. GRANTOR ALSO HEREBY GRANTS TO THE
GRANTEE AND TO THE GRANTEE'S SUCCESSORS AND ASSIGNS, AS A LIMITED COMMON
ELEMENT APPURTENANT TO THE PREMISES HEREIN CONVEYED, BUILDING PARKING
SPACE # 303 IN BUILDING #4 AS DEFINED AND SET FORTH IN SAID DECLARATION AND
SURVEY AS AMENDED.
COMMONLY KNOWN AS: 3680 186th St #303, Lansing, IL 60438
TAX PARCEL NUMBER: 30-32-403-129-1073
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest
and insurance for 07/01/2023, through the present; the principal balance due on the Note and the Mortgage is
$96,672.57, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan
modification agreement, and the current per diem is $8.28.
(K) Name of present owner(s) of said premises:
Suzette Z. Carson-Davis
(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:
Lakeview Club Condominium Association, by virtue of the fact that, upon information and belief, it is the
Condominium Association for the subject premises and may have some interest in the subject real estate by
virtue of unpaid assessments or other charges.
(M) Names of defendants claimed to be personally liable for deficiency, if any:
Suzette Z. Carson-Davis.
No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy
automatic stay or if their obligation is discharged in bankruptcy.
(N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15-
1208.
(O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor
or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise
submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure,
whichever is later, if sought:
The redemption period shall be determined pursuant to 735 ILCS 5/15-1603.
(P) Statement that the right of redemption has been waived by all owners of redemption: There has been no
executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded
from accepting such a waiver of redemption by the filing of this complaint.
(Q) Facts in support of request for attorneys’ fees and of costs and expenses, if applicable: The subject
mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the
mortgage.
(R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a
receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief
after the filing of the instant foreclosure action by separate petition if such relief is sought.
(S) Offer to the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction
of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of
an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the
filing of the instant foreclosure action.
(T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation
of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof:
Suzette Z. Carson-Davis;
4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before
referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or
claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint
described, including but not limited to the following:
Unknown Owners and NonRecord Claimants, if any.
That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and
all such persons are therefore made party defendants to this action by the name and description of UNKNOWN
OWNERS and NONRECORD CLAIMANTS.
RE UEST FOR RELIEF
WHEREFORE, THE PLAINTIFF REQUESTS:
@ A judgment of foreclosure and sale.
Gi) An order granting a shortened redemption period, if sought.
(iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the
Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed
liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not
received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay
at sale confirmation.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or appointing a receiver, if sought.
(vi) Ajudgment for attorneys' fees, costs and expenses, if sought.
(vii) For the appointment of a Selling Officer, if deemed appropriate by this court.
(viii) Such other and further relief as this court deems just.
PennyMac Loan Services, LLC
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
14-24-03815
NOTE: This law firm is a debt collector.
EXHIBIT A
‘Doc#. 2005047125 Fee: $98.00
Illinois Anti-Predatory Edward M. Moody
Cook County Recorder of Deeds
Lending Database Date: 02/19/2020 10:36 AM Pg: 1 of 18
Program
Certificate of Compliance
Bo
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Report Mortgage ud
844-768-1713"
The property identified as: @ PIN: 30-32-403-129-1073
Address;
Street: 3680 186TH ST
Street line 2: #303 “
City: LANSING State: It ZIP Code: 60438
sai ne
Lender, First Savings Bank
Borrower: Suzette Z Carson-Davis
Loan / Mortgage Amount: $93,180.00
¢
Pursuant to 765 ILCS 77/70 et seq., this Certificate authorizes the County Recorder to record a residential
mortgage secured by this property and, if applicable, a simultaneously dated HELOC.
Certificate number: Execution date: 1/17/2020
2005047125 Page: 2 of 18
This Instrument Prepared By:
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After Recording Return To:
‘IRST SAVINGS BANK,
N.
HUBBARDS LANE, SUITE 30:
‘LLE, = 40207
Loan Number:
[Space Above This Line For Recording Data]
&
FHA Case No: MORTGAGE
1 MERS Phone: 888-679-6377
DEFINITIONS
Words used in multiple sections of this wat ‘e defined below and other words are defined in Sections 3, 10,
12, 17, 19 and20. Certain rules regarding the ¢ of words used in this document are also provided in Section 15.
(A) “Security Instrument" means this document, whish'is dated JANUARY 17, 2020 together
with all Riders to this document.
(B) "Borrower" is SUZETTE Z CARSON-DAVIS ED WOMAN
Borrower is the mortgagor under this Security Instrument. Pe
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. ‘separate corporation that is acting
MER‘
solely as. a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and hagan address and telephone number
of P,O. Box 2026, Flint, MI. 48501-2026, tel, (888) 679-MERS,
(D) “Lender'tis FIRST SAVINGS BANK
Lender is a STATE CHARTERED BANK organized
and existing under the laws of INDIANA
Lender's address is 501 EAST LEWIS & CLARK PARKWAY, CLARKSVILLE, INDIANA 4742
({E) “Note'means the promissory note signed by Borrower and dated JANUARY 17, 2020
The Note states that Borrower owes Lender NINETY-THREE THOUSAND ONE HUNDRED EIGHTY AND
00/100 Dollars (U.S. $ 93,180.00
(LLINOIS FHA MORTGAGE - MERS DocMagic CFarms
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plus interest. Borrower
has promisedto pay this debt in regular Periodic Payments and to pay the debt in full not later
than FEBRUARY 1, 2050
xe @) = "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due
under this Security Instrument, plus interest.
(H) “Riders means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable}:
(1) Adjustable Rate Rider (2) Planned Unit Development Rider
{X]_ Condominium Rider ER] Other(s) [specify] Fixed Interest Rate Rider
"Applical wit means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rul ardor ‘ders (that have the effect of Iaw) as well as all applicable final, non-appealable judicial
opinions,
@ "Community Associatinn Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower orthe Property by a condominium association, homeowners association or similar
organization,
(K) ‘Electronic Funds Transfer ‘means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is ir ed through an electronic terminal, telephonic instrument, computer,or
magnetic tape so as to order, instruct,” ‘OF: prize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale tte fers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated cl use transfers
(L) “Escrow Items" means those items that are desctibed ini Section 3.
(M) "Miscellaneous Proceeds" means any compensation, ‘settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the* overages described in Section 5) for; (i) damage to, or
destruction of, the Property; (ii) condemnation or other ig of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or o to, the value and/or condition of the Property.
) "Mortgage Insurance" means insurance protecting Lender gainst the nonpayment of, or default on, the Loan,
(Q) “Periodic Payment" means the regularly scheduled amount due { ) principal and interest under the Note,
plus (ji) any amounts under Section 3 of this Security Instrument,
(@) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S,C:.§2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended time
to time, or any additionalor
successor legislation or regulation that governs the same subject matter, As used, iri this Security Instrument, "RESPA"
refers to all requirements and restrictions that are imposed in regard to a "federally. relate i snortgage loan" even if the
Loan does not qualify as a "federally related mortgage loan” under RESPA.
(Q) "Secretary" means the Secretary of the United States Department of Housing and Urban Development or his
designee.
(R) “Successorin Interest of Borrower" means any party that has taken title to the Property;whiether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
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TRANSFER OF RIGHTS IN THE PROPERTY
ae This Security Instrument secures to Lender: (i) the repayment of the Loan, and all 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 mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of
a sale, the following described property located in the
COUNTY of COOK
(Type of Recording Jurisdiction] [Name of Recording Jurisdiction)
ATTACHED EXHIBIT "A" MADE A PART THEREOF AND HERETO
A. 2 30-32-403-129-1073
which currently has the address, ” 680 186TH ST #303
[Street]
LANSING Illinois 60438 ("Property Address"):
[City] [Zip Code]
TOGETHER WITH all the improverients: ‘how or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part) of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only gal title to the interests granted by Borrowerin this Security
Instrument, but, if necessary to comply with law or cust IERS (as nominee for Lender and Lender’ s successors
and assigns) has the right: to exerciseany or all of those including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender niplodi but not limited to, releasing and canceling
this Security Instruraent.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
mortgage, grant and convey the Property and that the Property is un ered, except for encumbrances of
record, Borrower warrants and will defend generally the title to the Property agaist all claims and demands, subject
to any encumbrances of record,
THIS SECURITY INSTRUMENT combines uniform covenants for national use non-uniform and covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real erty.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1 Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay due the
principal of, and interest on, the debt evidenced by the Note and late charges due under the Note, Borrowér shall also
pay funds for Escrow Items pursuantto Section 3. Payments due under the Note and this Security Instrumént-shall
be made in U.S. currency. However, if any check or other instrument received by Lender as payment under theNo!
or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments dug
under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
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ATTORNEYS’ TITLE GUARANTY FUND, INC.
LEGAL DESCRIPTION
Permanent Index Number:
Property ID: 30-32-403-129-1073
roperty Address:
3680 186th Street, Unit 303
Lansing, IL 60438
1 Des tio) ”
LOT 303 IN BUI ILOING #4 1N LAKEVIEW CLUB CONDOMINIUMS AS DELINEATED ON A SURVEY OF PART OF THE
SOUTHEAST FRACTIONAL 1/4 (EXCEPT THE SOUTH 25 FEET THEREOF) OF SECTION 32, TOWNSHIP 36 NORTH,
RANGE 15, EAST OFTHE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, WHICH SURVEY IS
ATTACHED AS EXHIBi ” TO THE DECLARATION OF CONDOMINIUM WHICH WAS RECORDED MAY 21, 1993 AS
DOCUMENT #93-3840; AMENDED BY A FIRST AMENDMENT WHICH WAS RECORDED AUGUST 26, 1994 AS
DOCUMENT #94-758009,AND, § AMENDED BY A SECOND AMENDMENT WHICH WAS RECORDED JULY 7, 1995
AS DOCUMENT #95-44069 AS AMENDED BY A THIRD AMENDMENT WHICH WAS RECORDED OCTOBER 31,
1995 AS DOCUMENT #95-7. (§ AMENDED FROM TIME TO TIME, TOGETHER WITH ITS UNDIVIDEO
PERCENTAGE INTEREST IN THE COMMON ELEMENTS. GRANTOR ALSO HEREBY GRANTS TO THE GRANTEE
AND TO THE GRANTEE'S SUCCESSORS AND ASSIGNS, AS A LIMITED COMMON ELEMENT APPURTENANT TO
THE PREMISES HEREIN CONVEYED; BUILDING PARKING SPACE #303 IN BUILDING #4 AS DEFINED AND SET
FORTH IN SAID DECLARATION AND SURVEY AS AMENDED.
2005047125 Page: 6 of 18
(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d)
xe Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 14, Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
ligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
‘setieduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds
until Bétrower makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of
time, ‘Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to standing principal balance under the Note immediately prior to foreclosure, No offset or claim which
Borrower mig! ve now or in the future against Lender shall relieve Borrower from making payments due under
the Note and thi surity Instrument or performing the covenants and agreements secured by this Security Instrument,
2, App! Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied der shall be applied in the following order of priority:
First, to the MortgspeAnsurance premiums to be paid by Lender to the Secretary or the monthly charge by the
Secretary instead of the monthly mortgage insurance premiums;
Second, to any taxes, speci ssments, leasehold
payments or ground rents, and fire, flood and other hazard
insurance premiums, as required’
Third, to interest due under
Fourth, to amortization of the Priv al of the Note; and, Fifth, to late charges due under the Note.
Auy application of payments, proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or< the amount of the Periodic Payments.
3. Funds for Escrow Items. Borrower hail, pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds"), $0 provide for payment of amounts due for: (a) taxes and
assesstnents and other items which can attain priority over “this Security Instrument as 2 lien or encumbrance on the
Property; (b) leasehold payments or ground rents on thet Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurarice premiums to be paid by Lender to the Secretary or
the monthly charge by the Secretary instead of the monthly Mértgage Insurance premiums. These items are called
"Escrow Items." At origination or at any time during the term of the'Loan, Lender may require that Community
Association Dues, Fees, and Assessments, ifany, be escrowed by Bort and such dues, fees and assessments shall
be an Escrow Item, Borrower shall promptly furnish to Lender all notices.of amounts to be paid under this Section,
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower' s obligation to pay the Funds
for any or all Escrow Items, Lender may waive Borrower's obligation to pay ‘to-Lender Funds for any or all Escrow
Items at any time. Any such waiver may only be in writing. In the event of such Waiver, Borrower shail pay directly,
when and where payable, the amounts due for any Escrow Items for which payment, ‘unds has been waived by
Lender and, if Lender requires, shall furnish to Lender receipts evidencing such paym ithin such time period as
Lender may require. Borrower's obligation to make such payments and to provide recei shall for all purposes be
deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement”
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver" ‘atid Borrower fails
to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may re’ waiver
as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RE:
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Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
2# the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
ich a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree
however, that interest shallbe paid on the Funds. Lender shall give to Borrower, without charge, an annual
5 of | the Funds as required by RESPA.
surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall Borrower as required by RESPA, and Borrower shall payto Lender the atnount necessary to make
up the shortag dance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
Funds held in escrow, lefined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the, it necessary to make up the deficiency in accordance with RESPA, but in no more than
12 monthly payments, ¢
Upon payment in full of-ail sums
o, secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. & geé
4, Charges; Liens. Borrower. I pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain priotity 1 this Security Instrument, leasehold payments or ground rents on the
Property, ifany, and Community Associ ve ‘Dues, Fees, and Assessments, if any. To the extent that these items are
Escrow Items, Borrower shall pay then in’ the provided iin Section 3.
Borrower shal! promptly discharge any‘ Which has priority over this Security Instrument unless Borrower:
(2) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such agreement; @)..contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender 8 opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until su ceedings are concluded; or (c) secures from the holder
of the lien an agreement satisfactory to Lender subordinating thé liento this Security Instrument. If Lender determines
that any part of the Property is subject to a lien which can attaiti-#riority 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 of the actions set forth above in this Aeetion 4.
5. Property Insurance. Borrower shall keep the improvements.1iew existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term “extended coverage," and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires. insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lenderrequires, What Lender requires
pursuant to the preceding sentences can change during the term of the Loan, The instarance carrier providing the
insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowe# s choice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay, in connection with’ this Loan, either: (a) a
ne-time charge for flood zone determination, certification and tracking services; or @) ao tine charge for flood
zone determination and certification services and subsequent charges each time remappings or s ilar changes occur
which reasonably might affect such determination or certification, Borrower shall also be responsible f¢ the payment
of any fees imposed by the Federal Emergency Management Agency in connection with the review of ¥ flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance covéras ‘at
Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amiot
of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowei'
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
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or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed
by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
2# disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
ae shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
‘of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
oo include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
Tn th of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss t made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proce hether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair
of the Prope if the restoration or repair is economically feasible and Lender's security is not lessened,
During such repair and’ ration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity spect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspectién‘shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment a series of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest
‘or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid.out oft the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically, feasible or Lender's security would be lessened, the insurance proceeds
shall be applied ta the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid
to Borrower, Such insurance proceeds shall be épplied in the order provided for in Section 2.
If Borrower abandons the Property, Lend file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within to a notice from Lender that the insurance carrier has
offeredto settle a claim, then Lender may negotiate and the claim. The 30-day period will begin when the notice
is given, In either event, or if Lender acquires the Property Section 22 or otherwise, Borrower hereby assigns
to Lender (a) Borrower's rights to any insurance proceeds in anayriount not to exceed the amounts unpaid under the
Note or this Security Instrument, and (b) any other of Borrower' ¢rights (other than the right to any refund of
unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are
applicable to the coverage of the Property. Lender may use the insuranceproceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrum: whether or not then due,
6. Occupancy. Borrower shall occupy, establish, and use the Property as Bottower' 's principal residence within
60 days after the execution of this Security Instrument and shall continue to ocoupy the Property as Borrower's
principal residence for at least one year after the date of occupancy, unless Lender es that this requirement
shall cause undue hardship for the Borrower or unless extenuating circumstances exist which,are beyond Borrower's
control,
7, Preservation, Maintenance and Protection of the Property; Inspections. Borrovéishal not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Propérty,, Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value dué condition.
Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Boréower shall
‘omptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condernnation
proceeds are paid in connection with damageto the Property, Borrower shall be responsible for repairing or restoritig
the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the répairs’
and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance’or,.
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condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’
obligation for the completion of such repair or restoration.
If condemnation proceeds are paid in connection with the taking of the property, Lender shall 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 payments or change the amount of such payments.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time
or prior to such an interior inspection specifying such reasonable cause.
Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave
mate! misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
material infor on) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Pro lan of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might tly affect Lender’ s interest in the Property and/or rights under this Security Instrument
(such as a. proceeding tey, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and-pay for whatever is reasonable or appropriate to Protect Lender's interest in the
Property and rights under this Securi Instrument, including protecting and/or assessing the value of the Property,
and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums
secured
by a lien which has priority overt y Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys’ fees to protect its interest in che Property and/or rights under this Security Instrument, including its secured
position in a bankruptcy proceeding, Securing the:Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up-doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and tia’ ities turned on or off. Although Lender may take action
under this Section 9, Lender docs not have to do so andis not under
any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9'shill:become additional debt of Borrower securedby this
Security Instrument. These amounts shall bear interest at the Note: rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower reqiiésting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall hot merge unless Lender agrees to the
merger in writing.
10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellanest ‘oceeds are hereby assigned to
€
and shall be paid to Lender.
Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restorai or repair of the Property,
if the restoration or repair is economically feasible and Lender's security is not lesse uring such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds iL, Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that
such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in asin 2 disbursement
or in a series of progress payments as the work is completed. Unless an agreement is made in writing: ‘or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay ‘Botrower any
interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically” ‘Feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this ty
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds’
be applied in the order provided for in Section 2.
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In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
xe 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 equal to or 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 securedby this Security Instrument shall be reduced
the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
cured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the
coperty immediately before the partial taking, destruction, or loss in value, Any balance shall be paid to Borrower.
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 immédiately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agreein writing,‘the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Inst
Preview
Hearing Date: 8/19/2024 10:30 AM Location: Court Room 2803 Judge: Sullivan, William B FILED 6/20/2024 1:32 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH05794 Calendar, 60 28194006 Cook County #21762 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION PennyMac Loan Services, LLC PLAINTIFF Vs. No. 2024CH05794 Suzette Z. Carson-Davis; Lakeview Club Condominium Association; Unknown Owners and Nonrecord Claimants 3680 186th St #303, Lansing, IL 60438 DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, PENNYMAC LOAN SERVICES, LLC, by and through its attorneys, CODILIS & ASSOCIATES, P.C., complaining of the defendants herein and, pursuant to 735 ILCS 5/15-1101, states as follows: 1. Plaintiff files this Complaint to Foreclose the mortgage, trust deed or other conveyance in the nature of a mortgage (hereinafter called "Mortgage") hereinafter described, and joins the following persons as "Defendants": Suzette Z. Carson-Davis; Lakeview Club Condominium Association; 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. Attached as "EXHIBIT C" is a copy of the Loan Modification Agreement. 3. Information concerning said Mortgage: (A) Nature of the instrument: Mortgage. (B) Date of the Mortgage: 1/17/2020 (C) Name of mortgagor(s): Suzette Z. Carson-Davis (D) Name of the original mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for First Savings Bank (E) Date and Place of Recording or Registering: 2/19/2020 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 2005047125 (G) Interest subject to the mortgage: Fee Simple. (H) Amount of original indebtedness: (1) Original Indebtedness: $93,180.00 (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 303 IN BUILDING #4 IN LAKEVIEW CLUB CONDOMINIUMS AS DELINEATED ON A SURVEY OF PART OF THE SOUTHEAST FRACTIONAL 1/4 (EXCEPT THE SOUTH 25 FEET THEREOF) OF SECTION 32, TOWNSHIP 36 NORTH, RANGE 15, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, WHICH SURVEY IS ATTACHED AS EXHIBIT "A" TO THE DECLARATION OF CONDOMINIUM WHICH WAS RECORDED MAY 21, 1993 AS DOCUMENT #93-384028 AS AMENDED BY A FIRST AMENDMENT WHICH WAS RECORDED AUGUST 26, 1994 AS DOCUMENT #94-758009 AND AS AMENDED BY A SECOND AMENDMENT WHICH WAS RECORDED JULY 7, 1995 AS DOCUMENT #95-440696 AND AS AMENDED BY A THIRD AMENDMENT WHICH WAS RECORDED OCTOBER 31, 1995 AS DOCUMENT #95-744079 AS AMENDED FROM TIME TO TIME, TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS. GRANTOR ALSO HEREBY GRANTS TO THE GRANTEE AND TO THE GRANTEE'S SUCCESSORS AND ASSIGNS, AS A LIMITED COMMON ELEMENT APPURTENANT TO THE PREMISES HEREIN CONVEYED, BUILDING PARKING SPACE # 303 IN BUILDING #4 AS DEFINED AND SET FORTH IN SAID DECLARATION AND SURVEY AS AMENDED. COMMONLY KNOWN AS: 3680 186th St #303, Lansing, IL 60438 TAX PARCEL NUMBER: 30-32-403-129-1073 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest and insurance for 07/01/2023, through the present; the principal balance due on the Note and the Mortgage is $96,672.57, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan modification agreement, and the current per diem is $8.28. (K) Name of present owner(s) of said premises: Suzette Z. Carson-Davis (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: Lakeview Club Condominium Association, by virtue of the fact that, upon information and belief, it is the Condominium Association for the subject premises and may have some interest in the subject real estate by virtue of unpaid assessments or other charges. (M) Names of defendants claimed to be personally liable for deficiency, if any: Suzette Z. Carson-Davis. No personal deficiency will be sought against this(these) defendant(s) if they are protected by a bankruptcy automatic stay or if their obligation is discharged in bankruptcy. (N) Capacity in which Plaintiff brings this foreclosure: Plaintiff is the Mortgagee under 735 ILCS 5/15- 1208. (O) Facts in support of a redemption period shorter than the longer of 7 months from the date the mortgagor or, if more than one, all the mortgagors have been served with summons or by publication or have otherwise submitted to the jurisdiction of the court, or 3 months from the entry of the judgment of foreclosure, whichever is later, if sought: The redemption period shall be determined pursuant to 735 ILCS 5/15-1603. (P) Statement that the right of redemption has been waived by all owners of redemption: There has been no executed waiver of redemption by all owners of redemption, however Plaintiff alleges that it is not precluded from accepting such a waiver of redemption by the filing of this complaint. (Q) Facts in support of request for attorneys’ fees and of costs and expenses, if applicable: The subject mortgage provides for payment of attorney fees, court costs, and expenses in the event of a default under the mortgage. (R) Facts in support of a request for appointment of mortgagee in possession or for appointment of a receiver, and identity of such receiver, if sought: Unless otherwise alleged, Plaintiff will pray for said relief after the filing of the instant foreclosure action by separate petition if such relief is sought. (S) Offer to the mortgagor in accordance with Section 15-1402 to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the mortgage without judicial sale, if sought: No allegation of an offer is made however Plaintiff alleges that it is not precluded from making or accepting such offer by the filing of the instant foreclosure action. (T) Name or names of defendants whose rights to possess the mortgaged real estate, after the confirmation of a foreclosure sale, are sought to be terminated and, if not elsewhere stated, the facts in support thereof: Suzette Z. Carson-Davis; 4. Plaintiff avers that in addition to persons designated by name herein and the Unknown Defendants herein before referred to, there are other persons, and/or non-record claimants who are interested in this action and who have or claim some right, title, interest or lien in, to or upon the real estate, or some part thereof, in this Complaint described, including but not limited to the following: Unknown Owners and NonRecord Claimants, if any. That the name of each of such persons is unknown to Plaintiff and on diligent inquiry cannot be ascertained, and all such persons are therefore made party defendants to this action by the name and description of UNKNOWN OWNERS and NONRECORD CLAIMANTS. RE UEST FOR RELIEF WHEREFORE, THE PLAINTIFF REQUESTS: @ A judgment of foreclosure and sale. Gi) An order granting a shortened redemption period, if sought. (iii) A personal judgment for deficiency, if applicable and sought, and only against parties who have signed the Note or monetary obligation which is the subject matter of this complaint, or persons who have assumed liability of the Note or monetary obligation which is the subject matter of this complaint, and who have not received a discharge of this debt in bankruptcy and who are not personally protected by the automatic stay at sale confirmation. (iv) An order granting possession, if sought. (v) An order placing the mortgagee in possession or appointing a receiver, if sought. (vi) Ajudgment for attorneys' fees, costs and expenses, if sought. (vii) For the appointment of a Selling Officer, if deemed appropriate by this court. (viii) Such other and further relief as this court deems just. PennyMac Loan Services, LLC 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 14-24-03815 NOTE: This law firm is a debt collector. EXHIBIT A ‘Doc#. 2005047125 Fee: $98.00 Illinois Anti-Predatory Edward M. Moody Cook County Recorder of Deeds Lending Database Date: 02/19/2020 10:36 AM Pg: 1 of 18 Program Certificate of Compliance Bo CY 49 \ % Report Mortgage ud 844-768-1713" The property identified as: @ PIN: 30-32-403-129-1073 Address; Street: 3680 186TH ST Street line 2: #303 “ City: LANSING State: It ZIP Code: 60438 sai ne Lender, First Savings Bank Borrower: Suzette Z Carson-Davis Loan / Mortgage Amount: $93,180.00 ¢ Pursuant to 765 ILCS 77/70 et seq., this Certificate authorizes the County Recorder to record a residential mortgage secured by this property and, if applicable, a simultaneously dated HELOC. Certificate number: Execution date: 1/17/2020 2005047125 Page: 2 of 18 This Instrument Prepared By: xe a2 After Recording Return To: ‘IRST SAVINGS BANK, N. HUBBARDS LANE, SUITE 30: ‘LLE, = 40207 Loan Number: [Space Above This Line For Recording Data] & FHA Case No: MORTGAGE 1 MERS Phone: 888-679-6377 DEFINITIONS Words used in multiple sections of this wat ‘e defined below and other words are defined in Sections 3, 10, 12, 17, 19 and20. Certain rules regarding the ¢ of words used in this document are also provided in Section 15. (A) “Security Instrument" means this document, whish'is dated JANUARY 17, 2020 together with all Riders to this document. (B) "Borrower" is SUZETTE Z CARSON-DAVIS ED WOMAN Borrower is the mortgagor under this Security Instrument. Pe (C) "MERS" is Mortgage Electronic Registration Systems, Inc. ‘separate corporation that is acting MER‘ solely as. a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and hagan address and telephone number of P,O. Box 2026, Flint, MI. 48501-2026, tel, (888) 679-MERS, (D) “Lender'tis FIRST SAVINGS BANK Lender is a STATE CHARTERED BANK organized and existing under the laws of INDIANA Lender's address is 501 EAST LEWIS & CLARK PARKWAY, CLARKSVILLE, INDIANA 4742 ({E) “Note'means the promissory note signed by Borrower and dated JANUARY 17, 2020 The Note states that Borrower owes Lender NINETY-THREE THOUSAND ONE HUNDRED EIGHTY AND 00/100 Dollars (U.S. $ 93,180.00 (LLINOIS FHA MORTGAGE - MERS DocMagic CFarms WUMTGZ2,FHA 12/27/17 Page 1 of 13 2005047125 Page: 3 of 18 plus interest. Borrower has promisedto pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 1, 2050 xe @) = "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) “Riders means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable}: (1) Adjustable Rate Rider (2) Planned Unit Development Rider {X]_ Condominium Rider ER] Other(s) [specify] Fixed Interest Rate Rider "Applical wit means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rul ardor ‘ders (that have the effect of Iaw) as well as all applicable final, non-appealable judicial opinions, @ "Community Associatinn Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower orthe Property by a condominium association, homeowners association or similar organization, (K) ‘Electronic Funds Transfer ‘means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is ir ed through an electronic terminal, telephonic instrument, computer,or magnetic tape so as to order, instruct,” ‘OF: prize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale tte fers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated cl use transfers (L) “Escrow Items" means those items that are desctibed ini Section 3. (M) "Miscellaneous Proceeds" means any compensation, ‘settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the* overages described in Section 5) for; (i) damage to, or destruction of, the Property; (ii) condemnation or other ig of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or o to, the value and/or condition of the Property. ) "Mortgage Insurance" means insurance protecting Lender gainst the nonpayment of, or default on, the Loan, (Q) “Periodic Payment" means the regularly scheduled amount due { ) principal and interest under the Note, plus (ji) any amounts under Section 3 of this Security Instrument, (@) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S,C:.§2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended time to time, or any additionalor successor legislation or regulation that governs the same subject matter, As used, iri this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally. relate i snortgage loan" even if the Loan does not qualify as a "federally related mortgage loan” under RESPA. (Q) "Secretary" means the Secretary of the United States Department of Housing and Urban Development or his designee. (R) “Successorin Interest of Borrower" means any party that has taken title to the Property;whiether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. aah TLLIN DocMagice ERarms KANGRERA Noon Paga 2 of 13 2005047125 Page: 4 of 18 TRANSFER OF RIGHTS IN THE PROPERTY ae This Security Instrument secures to Lender: (i) the repayment of the Loan, and all 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 mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of a sale, the following described property located in the COUNTY of COOK (Type of Recording Jurisdiction] [Name of Recording Jurisdiction) ATTACHED EXHIBIT "A" MADE A PART THEREOF AND HERETO A. 2 30-32-403-129-1073 which currently has the address, ” 680 186TH ST #303 [Street] LANSING Illinois 60438 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improverients: ‘how or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part) of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only gal title to the interests granted by Borrowerin this Security Instrument, but, if necessary to comply with law or cust IERS (as nominee for Lender and Lender’ s successors and assigns) has the right: to exerciseany or all of those including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender niplodi but not limited to, releasing and canceling this Security Instruraent. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right mortgage, grant and convey the Property and that the Property is un ered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property agaist all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use non-uniform and covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real erty. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1 Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note, Borrowér shall also pay funds for Escrow Items pursuantto Section 3. Payments due under the Note and this Security Instrumént-shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under theNo! or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments dug under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: ae ILLINOIS FHA MORTGAGE - MERS: DocMegie ears ILMTGZ2FHA 12/27117 Page 3 of 13 2005047125 Page: 5 of 18 ATTORNEYS’ TITLE GUARANTY FUND, INC. LEGAL DESCRIPTION Permanent Index Number: Property ID: 30-32-403-129-1073 roperty Address: 3680 186th Street, Unit 303 Lansing, IL 60438 1 Des tio) ” LOT 303 IN BUI ILOING #4 1N LAKEVIEW CLUB CONDOMINIUMS AS DELINEATED ON A SURVEY OF PART OF THE SOUTHEAST FRACTIONAL 1/4 (EXCEPT THE SOUTH 25 FEET THEREOF) OF SECTION 32, TOWNSHIP 36 NORTH, RANGE 15, EAST OFTHE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, WHICH SURVEY IS ATTACHED AS EXHIBi ” TO THE DECLARATION OF CONDOMINIUM WHICH WAS RECORDED MAY 21, 1993 AS DOCUMENT #93-3840; AMENDED BY A FIRST AMENDMENT WHICH WAS RECORDED AUGUST 26, 1994 AS DOCUMENT #94-758009,AND, § AMENDED BY A SECOND AMENDMENT WHICH WAS RECORDED JULY 7, 1995 AS DOCUMENT #95-44069 AS AMENDED BY A THIRD AMENDMENT WHICH WAS RECORDED OCTOBER 31, 1995 AS DOCUMENT #95-7. (§ AMENDED FROM TIME TO TIME, TOGETHER WITH ITS UNDIVIDEO PERCENTAGE INTEREST IN THE COMMON ELEMENTS. GRANTOR ALSO HEREBY GRANTS TO THE GRANTEE AND TO THE GRANTEE'S SUCCESSORS AND ASSIGNS, AS A LIMITED COMMON ELEMENT APPURTENANT TO THE PREMISES HEREIN CONVEYED; BUILDING PARKING SPACE #303 IN BUILDING #4 AS DEFINED AND SET FORTH IN SAID DECLARATION AND SURVEY AS AMENDED. 2005047125 Page: 6 of 18 (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) xe Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 14, Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not ligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of ‘setieduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Bétrower makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of time, ‘Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to standing principal balance under the Note immediately prior to foreclosure, No offset or claim which Borrower mig! ve now or in the future against Lender shall relieve Borrower from making payments due under the Note and thi surity Instrument or performing the covenants and agreements secured by this Security Instrument, 2, App! Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied der shall be applied in the following order of priority: First, to the MortgspeAnsurance premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly mortgage insurance premiums; Second, to any taxes, speci ssments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required’ Third, to interest due under Fourth, to amortization of the Priv al of the Note; and, Fifth, to late charges due under the Note. Auy application of payments, proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or< the amount of the Periodic Payments. 3. Funds for Escrow Items. Borrower hail, pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds"), $0 provide for payment of amounts due for: (a) taxes and assesstnents and other items which can attain priority over “this Security Instrument as 2 lien or encumbrance on the Property; (b) leasehold payments or ground rents on thet Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurarice premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Mértgage Insurance premiums. These items are called "Escrow Items." At origination or at any time during the term of the'Loan, Lender may require that Community Association Dues, Fees, and Assessments, ifany, be escrowed by Bort and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notices.of amounts to be paid under this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower' s obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligation to pay ‘to-Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such Waiver, Borrower shail pay directly, when and where payable, the amounts due for any Escrow Items for which payment, ‘unds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such paym ithin such time period as Lender may require. Borrower's obligation to make such payments and to provide recei shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver" ‘atid Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may re’ waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RE: aah ALLINO! MORTGAGE DocMagic €Rorms ILMTGZ2.FHA 12/27/17 Paga 4 of 13 2005047125 Page: 7 of 18 Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying 2# the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make ich a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree however, that interest shallbe paid on the Funds. Lender shall give to Borrower, without charge, an annual 5 of | the Funds as required by RESPA. surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall Borrower as required by RESPA, and Borrower shall payto Lender the atnount necessary to make up the shortag dance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, lefined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the, it necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments, ¢ Upon payment in full of-ail sums o, secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. & geé 4, Charges; Liens. Borrower. I pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priotity 1 this Security Instrument, leasehold payments or ground rents on the Property, ifany, and Community Associ ve ‘Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay then in’ the provided iin Section 3. Borrower shal! promptly discharge any‘ Which has priority over this Security Instrument unless Borrower: (2) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; @)..contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender 8 opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until su ceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating thé liento this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attaiti-#riority 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 of the actions set forth above in this Aeetion 4. 5. Property Insurance. Borrower shall keep the improvements.1iew existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires. insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lenderrequires, What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The instarance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowe# s choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with’ this Loan, either: (a) a ne-time charge for flood zone determination, certification and tracking services; or @) ao tine charge for flood zone determination and certification services and subsequent charges each time remappings or s ilar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible f¢ the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of ¥ flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance covéras ‘at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amiot of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowei' equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater aah ILLINOIS FHA MORTGAGE - MI DacMagic €Rarws GZ2FHA 12/27/1 Page 5 of 13 2005047125 Page: 8 of 18 or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to 2# disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, ae shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any ‘of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such oo include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. Tn th of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss t made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proce hether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Prope if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and’ ration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity spect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspectién‘shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest ‘or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid.out oft the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically, feasible or Lender's security would be lessened, the insurance proceeds shall be applied ta the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower, Such insurance proceeds shall be épplied in the order provided for in Section 2. If Borrower abandons the Property, Lend file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within to a notice from Lender that the insurance carrier has offeredto settle a claim, then Lender may negotiate and the claim. The 30-day period will begin when the notice is given, In either event, or if Lender acquires the Property Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in anayriount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower' ¢rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insuranceproceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrum: whether or not then due, 6. Occupancy. Borrower shall occupy, establish, and use the Property as Bottower' 's principal residence within 60 days after the execution of this Security Instrument and shall continue to ocoupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender es that this requirement shall cause undue hardship for the Borrower or unless extenuating circumstances exist which,are beyond Borrower's control, 7, Preservation, Maintenance and Protection of the Property; Inspections. Borrovéishal not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Propérty,, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value dué condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Boréower shall ‘omptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condernnation proceeds are paid in connection with damageto the Property, Borrower shall be responsible for repairing or restoritig the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the répairs’ and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance’or,. aah ILLINOIS FHA MORTGAGE - MERS DocMagic CFormns WWMTGZ2.FHA 12/27147 Page6 of 13 2005047125 Page: 9 of 18 condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’ obligation for the completion of such repair or restoration. If condemnation proceeds are paid in connection with the taking of the property, Lender shall 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 payments or change the amount of such payments. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time or prior to such an interior inspection specifying such reasonable cause. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave mate! misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infor on) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Pro lan of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might tly affect Lender’ s interest in the Property and/or rights under this Security Instrument (such as a. proceeding tey, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and-pay for whatever is reasonable or appropriate to Protect Lender's interest in the Property and rights under this Securi Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority overt y Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in che Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding, Securing the:Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up-doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and tia’ ities turned on or off. Although Lender may take action under this Section 9, Lender docs not have to do so andis not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9'shill:become additional debt of Borrower securedby this Security Instrument. These amounts shall bear interest at the Note: rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower reqiiésting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall hot merge unless Lender agrees to the merger in writing. 10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellanest ‘oceeds are hereby assigned to € and shall be paid to Lender. Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restorai or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lesse uring such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds iL, Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in asin 2 disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing: ‘or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay ‘Botrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically” ‘Feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this ty Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds’ be applied in the order provided for in Section 2. aah ILLINOIS FHA MORTGAGE - MERS DoeMagic Gramma ILMTGZ2FHA 12/27/17 Paga 7 of 13 2005047125 Page: 10 of 18 In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to xe 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 equal to or 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 securedby this Security Instrument shall be reduced the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums cured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the coperty immediately before the partial taking, destruction, or loss in value, Any balance shall be paid to Borrower. 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 immédiately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agreein writing,‘the Miscellaneous Proceeds shall be applied to the sums secured by this Security Inst