Preview
Hearing Date: 8/20/2024 9:30 AM
Location: Court Room 2808
Judge: Perkins, Marian E
FILED
6/21/2024 3:38 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
2024CH05850
Calendar, 62
28217631
Cook County #21762
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - CHANCERY DIVISION
Lakeview Loan Servicing, LLC
PLAINTIFF
Vs. No. 2024CH05850
Isaias Rodriguez; Ruth Rodriguez; United States of
America - Secretary of Housing and Urban Development; 1011 N Keeler Ave, Chicago, IL 60651
Unknown Owners and Nonrecord Claimants
DEFENDANTS
COMPLAINT TO FORECLOSE MORTGAGE
NOW COMES the Plaintiff, LAKEVIEW LOAN SERVICING, 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":
Isaias Rodriguez; Ruth Rodriguez; United States of America - Secretary of Housing and Urban Development;
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: 10/25/2019
(C) Name of mortgagor(s):
Isaias Rodriguez
(D) Name of the original mortgagee:
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Global Equity Finance,
Inc.
(E) Date and Place of Recording or Registering:
11/8/2019
Office of the Recorder of Deeds of Cook County Illinois
(F) Identification of Recording: Document No. 1931222128
(G) Interest subject to the mortgage: Fee Simple.
(H) Amount of original indebtedness:
(1) Original Indebtedness: $237,688.00
(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 14 IN BLOCK 4 IN MILLS AND SONS RESUBDIVISION OF BLOCKS 1 TO 4 IN TELFORD
AND WATSON'S ADDITION TO CHICAGO, BEING A SUBDIVISION OF BLOCKS 3 AND 4 IN
FOSTER'S SUBDIVISION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP
39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
COMMONLY KNOWN AS: 1011 N Keeler Ave, Chicago, IL 60651
TAX PARCEL NUMBER: 16-03-412-017-0000
(J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest
and insurance for 10/01/2023, through the present; the principal balance due on the Note and the Mortgage is
$227,832.40, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan
modification agreement, and the current per diem is $20.29.
(K) Name of present owner(s) of said premises:
Isaias Rodriguez
(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:
Ruth Rodriguez, by virtue of the fact that, upon information and belief, he/she is in possession of the subject
real estate and may have some interest therein; Plaintiff alleges that the interest of Ruth Rodriguez is
subordinate and inferior to the lien of its mortgage.
Ruth Rodriguez, by virtue of the fact that on information and belief he/she is the spouse of Isaias Rodriguez
and may have some interest in the subject real estate.
United States of America - Secretary of Housing and Urban Development, by virtue of a Mortgage executed
by Isaias Rodriguez, dated January 13, 2022, and Recorded/registered on February 1, 2022 in the office of
the Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 2203242077, to secure a note in
the principal sum of $28,243.36;
United States of America - Secretary of Housing and Urban Development, by virtue of a Mortgage executed
by Isaias Rodriguez, dated July 25, 2023, and Recorded/registered on August 3, 2023 in the office of the
Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 2321549006, to secure a note in the
principal sum of $15,875.40;
(M) Names of defendants claimed to be personally liable for deficiency, if any:
Isaias Rodriguez. Although Isaias Rodriguez executed the Note, no personal deficiency will be sought
against this(these) defendant(s) while protected by the 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:
Isaias Rodriguez; Ruth Rodriguez;
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.
Lakeview Loan Servicing, 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
14-22-08112
NOTE: This law firm is a debt collector.
EXHIBIT A
Doct. 1931222128 Fee: $98.00
Illinois Anti-Predatory Edward M. Moody
‘Cook County Recorder of Deeds
Lending Database Date: 11/08/201911:27 AM Pg: 1 of 16
Program
Certificate of Compliance |
je aSs
Se
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Report Mortgage Ftaud
844-768-1713
_————— Ss
The property identifieda: PIN: 16-03-412-017-0000
Address:
Street: 1011 N KEELER AVE
Street line 2;
City: CHICAGO State: It. ZIP Code: 60651
Lender, Global Equity Finance, Inc
Borrower: Isaias Rodriguez
Loan / Mortgage Amount: $237,688.00
#
Pursuant to 765 ILCS 77/70 et seq., this Cerlificate authorizes the County Recorder art jeeds to record a residential
mortgage secured by this property and, if applicable, a simultaneously dated HELOC.
ea
Certificate number: De Execution date: 10/25/2019
1931222128 Page: 2 of 16
‘Stewart Title Guaranty Company
This Instrument Prepared By:
Global Equity Finance
404 S CAMINO DEL RIO
SAN DIEGO, CA 92108
After Recording Return To:
FLAGSTAR BANK, FSB
nal Documents Mail Stop
-535-1 5151 Corporate Drivel
i
TR MICHT
Loan Nuitber
4
[Space Above This Line For Recording Date]
FHA Case No MORTGAGE
a MERS Phone: 888-679-6377
DEFINITIONS
Le
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10,
12, 17, 19 and 20. Certain rules regarding the : usage of words used in this document are also provided in Section 15.
(A) "Security Instrument” means this document, which is dated OCTOBER 25, 2019 together
with all Riders to this document.
(B) “Borrower' Isaias Rodriguez, a mar’ id. man
hy
Borrower is the mortgagor under this Security Instrument.
(C) "MERS' is Mortgage Electronic Registration Systems, Ine. MERS “aseparate corporation that is acting
solely as a nominee for Lender and Lender's successors
and assigns. MERS'is the‘miortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has ai ‘address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) “Lender is GLOBAL EQUITY FINANCE Inc
Lender is a CALIFORNIA CORPORATION ¢ organized
and existing under the laws of CALIFORNIA
Lender's address is 404 SOUTH CAMINO DEL RIO, 300, SAN DIEGO, CALIFORNIA 921)
(E) "Note" means the promissory note signed by Borrower and dated OCTOBER 25, 2019
‘The Note states that Borrower owes Lender. TWO HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED.
EIGHTY-EIGHT AND 00/100 Dollars (U.S. $ 237,688.00
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plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than NOVEMBER 1 2049
(F)_ "Property" means the property that is described below under the heading "Transfer of Rights in the Property.
(G) "Loan" means the debt evidenced by the Note, plus interest, 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 (© Planned Unit Development Rider
{Condominium Rider [X) Other(s) [specify] rixed Interest Rate Rider
A
&
@® “Applicable 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.
o “Community Associa ues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borro orthe Property by a condominium association, homeowners association or similar
organization.
(K) “Electronic Funds Transfer" Theangany transfer of funds, other than a transaction originated by check, draft,
or si ilar paper instrument, which is inifiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or “authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale ‘transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse-transfers.
(wb "Escrow Items" means those items that are described in 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 vetages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taki ‘of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissiong’as to, the value and/or condition of the Property.
(N)_ "Mortgage Insurance" means insurance protecting Lender agajnst the nonpayment of, or default on, the Loan.
(0) “Periodie Payment" means the regularly scheduled amount due"fét (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA" means the Real Estate Settlement Procedures Act (12 U. 1601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended fr ime to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in thi Security Instrument, "RESPA"
refers to alt requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the
Loan does not qualify as a "federally related mortgage loan” under RESPA.
{(Q) “Secretary” means the Secretary of the United States Department of Housing and Urbai evelopment or his
designee.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, ether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument,
#
nt
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TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (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
sale, the following described property located in the
COUNTY of Cook
[ype of Recording Jurisdiction} {Name of Recording Jurisdiction)
tty DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
(16-03-412-017
a
a
which currently has the address 1011 N Keeler Ave
[Street]
Chicago Illinois 60651 ("Property Address"):
(City) [Zip Code]
TOGETHER WITH all the improveniént now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter’ part-0f-the property. Alll replacements and additions shall also be
covered by this Security Instrument, All of the foregoing jiis referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only:Jegal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custora,MERS (as nominee for Lender and Lender’ s successors
and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender ingluding, but not limited to, releasing and canceling.
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the’e3tate hereby conveyed and has the right
to mortgage, grant and convey the Property and that the Property is unengiimibered, except for encumbrances of
record, Borrower warrants and will defend generally the title to the Property agi all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and fori-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
£5
L Payment of Principal, Interest, Escrow [tems, and Late Charges. Borrower shall pay when due the
principal of, and intereston, the debt evidenced by the Note and late chargesdue underthe Note. Borrower shal Iso
pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument’shall
be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the’ Note:
or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due
under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
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{a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d)
Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section14. 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
igated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its uled due date, then Lender need not pay interest on unapplied funds. Lender may held such unapplied funds
rower 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 16 the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which
Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Sec ity Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Applicat Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied, by, Lender shall be applied in the following order of priority:
First, to the Mortgage" rance 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, spc ‘assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
‘Third, to interest due under the Note
Fourth, to amortization of the prinéipal of the Note; and, Fifth, to late charges due under the Note.
Any application of payments, insurance-ptoceeds, or Miscellaneous Proceeds to principal due 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’ IL, to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Fuhds").to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority dyer this Security Instrument as a lien or encumbrance on the
Property; (b) leasehold payments or ground rents on the’ Propérty, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurarice premiumsto be paid by Lender to the Secretary or
the monthly charge by the Secretary instead of the monthly Morigage 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, if any, be escrowed by Borrowe rand such dues, fees and assessments shall
be an Escrow Item. Borrower shall promptly furnish to Lender all noti ofamounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’ $ obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay:t0 Lender Funds for any or all Escrow
Items at any time, Any such waiver may only be in writing, In the event of such waiver; Borrower shall pay directly,
when and where payable, the amounts due for any Escrow Items for which payment‘6f Funds has been waived by
Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment. within such time periodas
Lender may require. Borrower's obligation to make such payments and to provide receipts’ shall, for all purposes be
deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "coVeniiht'and agreement”
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails
to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay Sueh‘amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke'the waiver
as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such réyscation,
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 amoumt (a) sufficient to permit Lender to apply the Pufds
at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA:
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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
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
ch a charge. 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 Lender can agree
inSvtiting, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual
accor ig of the Funds as required by RESPA.
thee is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify’ Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the shortage in.decordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender ¢ lount necessary to make up the deficiency in accordance with RESPA, but in no more than
12 monthly payments.
Upon payment in full of. Fsums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
4. Charges; Liens. Borrow shall pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, ifany, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are
Escrow Items, Borrower shall pay them in t anner provided in Section 3.
Borrower shall promptly discharge an ‘hich has priority over this Security Instrument unless Borrower;
(a) agrees in writing to the payment of the obli jon-secured by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such agreement;,(b) contests the lien in good faith by, or defends against
enforcement ofthe lien in, legal proceedings which in Lénder’s opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only unti] such proéeédings are concluded; or (c) secures from the holder
of the lien an agreement satisfactory to Lender subordinating the lien, this Security Instrument. If Lender determines
that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may
give Borrower a notice identifying the lien. Within 10 days of the date’gn which that notice is given, Borrower shall
satisfy the lien or take one or more of the actions set forth above in this’Section 4.
5. Property Insurance. Borrower shall keep the improvements" néWy 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 shal
maintained in the amounts (including deductible levels) and for the periods that Lendéryaquires. What Lender requires
pursuant to the preceding sentences can change during the term of the Loan, The ingukance carrier providing the
insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrowér' ice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay, in connection with’ Loan, either: (a) a
‘one-time charge for flood zone determination, certification and tracking services; or (b) a one*time, charge for flood
zone determination and certification services and subsequent charges each time remappings or similarschanges occur
which reasonably might affect such determination or certification. Borrower shall also be responsiblétor'the payment
of any fees imposed by the Federal Emergency Management Agency in connection with the review of any,fleod zone
determination resulting from an objection by Borrower. a
#
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance cove rag at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or aniownt
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater Pn
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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
_ disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as
7 ad tional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
‘Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy. shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee. po
In the.sventof loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if'ngt made prompily by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and yéstoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to, iispect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection’ shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single paym: -b¥"in aseries of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Lai es interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest«1 ings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid oiit sf the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically le or Lender's security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Seciirity.Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such insurance proceeds shall be'applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may ile, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30, days to a notice from Lender that the insurance carrier has
offeredto settlea claim, then Lender may negotiate and setilethé claim. The 30-day period will begin when the notice
is given. In either event, or if Lender acquires the Property tinder Section 22 or otherwise, Borrower hereby assigns
to Lender (a) Borrower's rights to any insurance proceeds in an dmount not to exceed the amounts unpaid under the
Note or this Security Instrument, and (b) any other of Borrower’s‘tights (other than the right to any refund of
unearned premiums paid by Borrower) under all insurance Policies covering
e the Property, insofar as such rights are
applicable to the coverage of the Property. Lender may use the insurance ‘gceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, ‘whether or not then due.
6. Occupancy. Borrower shail occupy, establish, and use the Property as'Borr\ver’s principal residence within
60 days after the execution of this Security Instrument and shall continue to occupy’ the Property as Borrower's
principal residence for at least one year after the date of occupancy, unless Lender defécinines that this requirement
shall cause undue hardship for the Borrower or unless extenuating circumstances exist wiih are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property‘: Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value due'to’ its condition.
Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borybwer, shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or coriderin ion
proceeds are paid in connection with damage
to the Property, Borrower shall be responsible for repairingor re ring
the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the
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's
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.
Lenderor its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
ender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time
rior to such an interior inspection specifying such reasonable cause.
Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
or any persons or entities acting at the direction of Borrower or with Borrower’ s knowledge or consent gave
materially*false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
material iaformation) in connection with the Loan. Material representations include, but are not limited to,
representations’ icerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protectioit, of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to pérform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that mightsignijficantly affect Lender’ s interest in the Property and/or rights under this Security Instrument
(such as a proceeding in bartkruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Security:Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do.; anid pay for whatever is reasonable or appropriate to protect Lender's interest in the
Property and rights under this Security.Instrument, including protecting and/or assessing the value of the Property,
and securing and/or repairing the Propérfy, Lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority overt this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured
position in a bankruptcy proceeding. Securit Property includes, but is not limited to, entering the Property to
make repa change locks, replace or board joorsand windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have.utilities turned on or off. Although Lender may take action
under this Section 9, Lender does not have to do so and isnot 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 Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument, These amounts shall bear interest at the Note rerate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borroweiteijgesting payment,
If this Security instrument is on a leasehold, Borrower shall cOniply. with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shal! not merge unless Lender agrees to the
merger in writing.
10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellanéous 7 Proceeds are hereby assignedto
and shall be paid to Lender.
Ifthe Property is damaged, such Miscellaneous Proceeds shal be applied to restordiion or repair ofthe Property,
if the restoration or repair is economically feasible and Lender's security is not lessénéd.: During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds tintil,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 asi tle 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 Borrower 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 Secirity
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds" shall
be applied in the order provided for in Section 2.
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In the event ofa 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
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 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
ed immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the
Proj immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
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 imme lately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writings th Miscellaneous Proceeds shall be applied to the sums securedby this Security Instrument whether
‘or not the sums are’ n due.
If the Propert ‘abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next seniterice) offers to make an award to settle a claim for damages, Borrower fails to respond to
Lender within 30 days afiet:the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
Proceeds either to restoration F repair of the Property or to the sums secured by this Security Instrument, whether
‘or not then due. “Opposing Party” means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right ‘action in regard to Miscellaneous Proceeds.
Borrower shall be in default if art {ction or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture ofthé Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 18, by causing the attioh.or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property”or othér-material impairment of Lender's interest in the Property or
rights under this Security Instrument. The proceeds.of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby. assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
IL. Borrower Not Released; Forbearance By Lender No'a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security ‘IristFument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence proceedings agaist Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortizati of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Suécessors.in Interest of Borrower. Any
forbearance by Lender in exercising any right or remedy including, without lift tion, Lender's acceptance of
payments from third persons, entities or Successors in Interest of Borrower or in amotiats less than the a
Preview
Hearing Date: 8/20/2024 9:30 AM Location: Court Room 2808 Judge: Perkins, Marian E FILED 6/21/2024 3:38 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL 2024CH05850 Calendar, 62 28217631 Cook County #21762 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION Lakeview Loan Servicing, LLC PLAINTIFF Vs. No. 2024CH05850 Isaias Rodriguez; Ruth Rodriguez; United States of America - Secretary of Housing and Urban Development; 1011 N Keeler Ave, Chicago, IL 60651 Unknown Owners and Nonrecord Claimants DEFENDANTS COMPLAINT TO FORECLOSE MORTGAGE NOW COMES the Plaintiff, LAKEVIEW LOAN SERVICING, 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": Isaias Rodriguez; Ruth Rodriguez; United States of America - Secretary of Housing and Urban Development; 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: 10/25/2019 (C) Name of mortgagor(s): Isaias Rodriguez (D) Name of the original mortgagee: Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Global Equity Finance, Inc. (E) Date and Place of Recording or Registering: 11/8/2019 Office of the Recorder of Deeds of Cook County Illinois (F) Identification of Recording: Document No. 1931222128 (G) Interest subject to the mortgage: Fee Simple. (H) Amount of original indebtedness: (1) Original Indebtedness: $237,688.00 (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 14 IN BLOCK 4 IN MILLS AND SONS RESUBDIVISION OF BLOCKS 1 TO 4 IN TELFORD AND WATSON'S ADDITION TO CHICAGO, BEING A SUBDIVISION OF BLOCKS 3 AND 4 IN FOSTER'S SUBDIVISION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 1011 N Keeler Ave, Chicago, IL 60651 TAX PARCEL NUMBER: 16-03-412-017-0000 (J) Statement as to defaults: Mortgagors have not paid the monthly installments of principal, taxes, interest and insurance for 10/01/2023, through the present; the principal balance due on the Note and the Mortgage is $227,832.40, plus interest, costs, advances and fees. Interest accrues pursuant to the Note and any loan modification agreement, and the current per diem is $20.29. (K) Name of present owner(s) of said premises: Isaias Rodriguez (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: Ruth Rodriguez, by virtue of the fact that, upon information and belief, he/she is in possession of the subject real estate and may have some interest therein; Plaintiff alleges that the interest of Ruth Rodriguez is subordinate and inferior to the lien of its mortgage. Ruth Rodriguez, by virtue of the fact that on information and belief he/she is the spouse of Isaias Rodriguez and may have some interest in the subject real estate. United States of America - Secretary of Housing and Urban Development, by virtue of a Mortgage executed by Isaias Rodriguez, dated January 13, 2022, and Recorded/registered on February 1, 2022 in the office of the Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 2203242077, to secure a note in the principal sum of $28,243.36; United States of America - Secretary of Housing and Urban Development, by virtue of a Mortgage executed by Isaias Rodriguez, dated July 25, 2023, and Recorded/registered on August 3, 2023 in the office of the Recorder/Registrar of Deeds of Cook County, Illinois, as Document No. 2321549006, to secure a note in the principal sum of $15,875.40; (M) Names of defendants claimed to be personally liable for deficiency, if any: Isaias Rodriguez. Although Isaias Rodriguez executed the Note, no personal deficiency will be sought against this(these) defendant(s) while protected by the 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: Isaias Rodriguez; Ruth Rodriguez; 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. Lakeview Loan Servicing, 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 14-22-08112 NOTE: This law firm is a debt collector. EXHIBIT A Doct. 1931222128 Fee: $98.00 Illinois Anti-Predatory Edward M. Moody ‘Cook County Recorder of Deeds Lending Database Date: 11/08/201911:27 AM Pg: 1 of 16 Program Certificate of Compliance | je aSs Se qe A he he Report Mortgage Ftaud 844-768-1713 _————— Ss The property identifieda: PIN: 16-03-412-017-0000 Address: Street: 1011 N KEELER AVE Street line 2; City: CHICAGO State: It. ZIP Code: 60651 Lender, Global Equity Finance, Inc Borrower: Isaias Rodriguez Loan / Mortgage Amount: $237,688.00 # Pursuant to 765 ILCS 77/70 et seq., this Cerlificate authorizes the County Recorder art jeeds to record a residential mortgage secured by this property and, if applicable, a simultaneously dated HELOC. ea Certificate number: De Execution date: 10/25/2019 1931222128 Page: 2 of 16 ‘Stewart Title Guaranty Company This Instrument Prepared By: Global Equity Finance 404 S CAMINO DEL RIO SAN DIEGO, CA 92108 After Recording Return To: FLAGSTAR BANK, FSB nal Documents Mail Stop -535-1 5151 Corporate Drivel i TR MICHT Loan Nuitber 4 [Space Above This Line For Recording Date] FHA Case No MORTGAGE a MERS Phone: 888-679-6377 DEFINITIONS Le Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19 and 20. Certain rules regarding the : usage of words used in this document are also provided in Section 15. (A) "Security Instrument” means this document, which is dated OCTOBER 25, 2019 together with all Riders to this document. (B) “Borrower' Isaias Rodriguez, a mar’ id. man hy Borrower is the mortgagor under this Security Instrument. (C) "MERS' is Mortgage Electronic Registration Systems, Ine. MERS “aseparate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS'is the‘miortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has ai ‘address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) “Lender is GLOBAL EQUITY FINANCE Inc Lender is a CALIFORNIA CORPORATION ¢ organized and existing under the laws of CALIFORNIA Lender's address is 404 SOUTH CAMINO DEL RIO, 300, SAN DIEGO, CALIFORNIA 921) (E) "Note" means the promissory note signed by Borrower and dated OCTOBER 25, 2019 ‘The Note states that Borrower owes Lender. TWO HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED. EIGHTY-EIGHT AND 00/100 Dollars (U.S. $ 237,688.00 ILLINOIS FHA MORTGAGE - MERS: DocMagic Farms WMTGZ2FHA 12/27/17 wow. docmagic. com Page 1 of 13 1931222128 Page: 3 of 16 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1 2049 (F)_ "Property" means the property that is described below under the heading "Transfer of Rights in the Property. (G) "Loan" means the debt evidenced by the Note, plus interest, 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 (© Planned Unit Development Rider {Condominium Rider [X) Other(s) [specify] rixed Interest Rate Rider A & @® “Applicable 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. o “Community Associa ues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borro orthe Property by a condominium association, homeowners association or similar organization. (K) “Electronic Funds Transfer" Theangany transfer of funds, other than a transaction originated by check, draft, or si ilar paper instrument, which is inifiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or “authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale ‘transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse-transfers. (wb "Escrow Items" means those items that are described in 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 vetages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taki ‘of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissiong’as to, the value and/or condition of the Property. (N)_ "Mortgage Insurance" means insurance protecting Lender agajnst the nonpayment of, or default on, the Loan. (0) “Periodie Payment" means the regularly scheduled amount due"fét (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “RESPA" means the Real Estate Settlement Procedures Act (12 U. 1601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended fr ime to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in thi Security Instrument, "RESPA" refers to alt requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan” under RESPA. {(Q) “Secretary” means the Secretary of the United States Department of Housing and Urbai evelopment or his designee. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, ether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, # nt ILLINOIS FHA MORTGAGE - MERS: DocMagic Eom WMTGZ2.FHA 12/27/17 Page 2 of 13 1931222128 Page: 4 of 16 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (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 sale, the following described property located in the COUNTY of Cook [ype of Recording Jurisdiction} {Name of Recording Jurisdiction) tty DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF (16-03-412-017 a a which currently has the address 1011 N Keeler Ave [Street] Chicago Illinois 60651 ("Property Address"): (City) [Zip Code] TOGETHER WITH all the improveniént now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter’ part-0f-the property. Alll replacements and additions shall also be covered by this Security Instrument, All of the foregoing jiis referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only:Jegal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custora,MERS (as nominee for Lender and Lender’ s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender ingluding, but not limited to, releasing and canceling. this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the’e3tate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unengiimibered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property agi all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and fori-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: £5 L Payment of Principal, Interest, Escrow [tems, and Late Charges. Borrower shall pay when due the principal of, and intereston, the debt evidenced by the Note and late chargesdue underthe Note. Borrower shal Iso pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument’shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the’ Note: or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: ILLINOIS FHA MORTGAGE - MERS DocMagic CForwas ILMTGZ2FHA 12/27/17 Page 3 of 13 1931222128 Page: 5 of 16 {a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section14. 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 igated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its uled due date, then Lender need not pay interest on unapplied funds. Lender may held such unapplied funds rower 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 16 the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Sec ity Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applicat Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied, by, Lender shall be applied in the following order of priority: First, to the Mortgage" rance 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, spc ‘assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; ‘Third, to interest due under the Note Fourth, to amortization of the prinéipal of the Note; and, Fifth, to late charges due under the Note. Any application of payments, insurance-ptoceeds, or Miscellaneous Proceeds to principal due 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’ IL, to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Fuhds").to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority dyer this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the’ Propérty, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurarice premiumsto be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Morigage 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, if any, be escrowed by Borrowe rand such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all noti ofamounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’ $ obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay:t0 Lender Funds for any or all Escrow Items at any time, Any such waiver may only be in writing, In the event of such waiver; Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment‘6f Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment. within such time periodas Lender may require. Borrower's obligation to make such payments and to provide receipts’ shall, for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "coVeniiht'and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay Sueh‘amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke'the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such réyscation, 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 amoumt (a) sufficient to permit Lender to apply the Pufds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA: ILLINOIS FHA MORTGAGE - MERS. Doctegic eons ILMTGZ2.FHA 12/27/17 www. docmagic.com Page 4 of 13 1931222128 Page: 6 of 16 Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make ch a charge. 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 Lender can agree inSvtiting, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accor ig of the Funds as required by RESPA. thee is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify’ Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in.decordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender ¢ lount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of. Fsums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrow shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, ifany, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in t anner provided in Section 3. Borrower shall promptly discharge an ‘hich has priority over this Security Instrument unless Borrower; (a) agrees in writing to the payment of the obli jon-secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement;,(b) contests the lien in good faith by, or defends against enforcement ofthe lien in, legal proceedings which in Lénder’s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only unti] such proéeédings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien, this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date’gn which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this’Section 4. 5. Property Insurance. Borrower shall keep the improvements" néWy 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 shal maintained in the amounts (including deductible levels) and for the periods that Lendéryaquires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The ingukance carrier providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrowér' ice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with’ Loan, either: (a) a ‘one-time charge for flood zone determination, certification and tracking services; or (b) a one*time, charge for flood zone determination and certification services and subsequent charges each time remappings or similarschanges occur which reasonably might affect such determination or certification. Borrower shall also be responsiblétor'the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any,fleod zone determination resulting from an objection by Borrower. a # If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance cove rag at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or aniownt of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater Pn ILLINOIS FHA MORTGAGE - MERS DocMagi ror ILMTGZ2FHA 12/27/17 wen. a jagic.com Page 5 of 13 1931222128 Page: 7 of 16 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 _ disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as 7 ad tional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, ‘Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy. shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. po In the.sventof loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if'ngt made prompily by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and yéstoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to, iispect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection’ shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single paym: -b¥"in aseries of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Lai es interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest«1 ings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid oiit sf the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically le or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Seciirity.Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be'applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may ile, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30, days to a notice from Lender that the insurance carrier has offeredto settlea claim, then Lender may negotiate and setilethé claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property tinder Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an dmount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower’s‘tights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance Policies covering e the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance ‘gceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, ‘whether or not then due. 6. Occupancy. Borrower shail occupy, establish, and use the Property as'Borr\ver’s principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy’ the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender defécinines that this requirement shall cause undue hardship for the Borrower or unless extenuating circumstances exist wiih are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property‘: Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due'to’ its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borybwer, shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or coriderin ion proceeds are paid in connection with damage to the Property, Borrower shall be responsible for repairingor re ring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or. ILLINOIS FHA MORTGAGE - MERS DocMagic CF acts ILMTGZ2. FHA 12/27/17, docmagic, Page 6 of 13 1931222128 Page: 8 of 16 condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. 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. Lenderor its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, ender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time rior to such an interior inspection specifying such reasonable cause. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, or any persons or entities acting at the direction of Borrower or with Borrower’ s knowledge or consent gave materially*false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material iaformation) in connection with the Loan. Material representations include, but are not limited to, representations’ icerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protectioit, of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to pérform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that mightsignijficantly affect Lender’ s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bartkruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security:Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do.; anid pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security.Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Propérfy, Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority overt this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securit Property includes, but is not limited to, entering the Property to make repa change locks, replace or board joorsand windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have.utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and isnot 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 Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rerate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borroweiteijgesting payment, If this Security instrument is on a leasehold, Borrower shall cOniply. with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shal! not merge unless Lender agrees to the merger in writing. 10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellanéous 7 Proceeds are hereby assignedto and shall be paid to Lender. Ifthe Property is damaged, such Miscellaneous Proceeds shal be applied to restordiion or repair ofthe Property, if the restoration or repair is economically feasible and Lender's security is not lessénéd.: During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds tintil,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 asi tle 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 Borrower 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 Secirity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds" shall be applied in the order provided for in Section 2. ILLINOIS FHA MORTGAGE - MERS DocMagic Carma FHA 12/271 -docmagic. Page 7 of 13 1931222128 Page: 9 of 16 In the event ofa 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 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 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 ed immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Proj immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. 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 imme lately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writings th Miscellaneous Proceeds shall be applied to the sums securedby this Security Instrument whether ‘or not the sums are’ n due. If the Propert ‘abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next seniterice) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days afiet:the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration F repair of the Property or to the sums secured by this Security Instrument, whether ‘or not then due. “Opposing Party” means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right ‘action in regard to Miscellaneous Proceeds. Borrower shall be in default if art {ction or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture ofthé Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 18, by causing the attioh.or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property”or othér-material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds.of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby. assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. IL. Borrower Not Released; Forbearance By Lender No'a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security ‘IristFument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings agaist Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizati of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Suécessors.in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without lift tion, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amotiats less than the a