Preview
ANICE Me HOGRIGAN
IN THE COURT OF COMMON PLEAS OANEL M. WCRI
TY, OHIO m
SUMMIT COUN’ gt gHAY 22 PHS 32
AMANDA SIMMONS, : CASE NO. CV 2013 03 1220 _ INTY
: gumvll COUNTY ¢
Plaintiff, : (Judge Elinore Marsh Storiieryi OF COUR!
VS. :
AGREED JUDGMENT ENTRY
DONALD T. BOOTH, e¢ ai.,
Defendants.
This matter is before the Court on Plaintiff Amanda Simmons’ (“Simmons”) Complaint
For Declaratory Judgment And Quiet Title (“Complaint”), the Notice of Partial Dismissal
Without Prejudice Of Defendants Donald T. Booth a/k/a Donald Booth And Jane Doe, Unknown
Spouse Of Donald T. Booth a/k/a Donald Booth, and the agreement of Simmons and Defendant
CitiMortgage, Inc. (“CitiMortgage”).
The Court finds that all necessary parties have been properly served according to law and
are properly before the Court.
The Court finds that Defendant Donald T. Booth a/k/a Donald Booth (“Booth”) was the
former owner of real property commonly known as 49 19th Street, Barberton, Ohio, and more
particularly described in the attached Exhibit A (the “Property”). The Court further finds that
Booth acquired the entire fee simple interest in the Property by way of a General Warranty Deed
filed for record with the Summit County, Ohio Recorder’s Office as Instrument No. 54553378.
A true and accurate copy of the General Warranty Deed is attached hereto as Exhibit B.
The Court finds that on or about November 4, 2010, CitiMortgage commenced Summit
County Case No. CV 2010 11 7469, styled CitiMortgage, Inc. v. Donald T. Booth aka Donald
Booth, et al. (the “Foreclosure Case”), seeking judgment on a certain promissory note andforeclosure of the Property. A true and accurate copy of the Complaint For Foreclosure is
attached hereto as Exhibit C.
The Court finds that on or about January 28, 2011, the Court in the Foreclosure Case
issued a Judgment Entry purporting to foreclose any and all interest of Defendants Donald T.
Booth a/k/a Donald Booth and Jane Doe, Unknown Spouse of Donald T. Booth a/k/a Donald
Booth in the Property, and ordering that the Property be sold at sheriffs sale. A true and
accurate copy of the Judgment Entry is attached hereto as Exhibit D.
The Court finds that on or about September 1, 2011, the Court in the Foreclosure Case
issued a Judgment Entry Confirming Sale And Ordering Distribution that ordered the execution
and delivery of a Sheriff's Deed to CitiMortgage. A true and accurate copy of the Judgment
Entry Confirming Sale And Ordering Distribution is attached hereto as Exhibit E.
The Court finds that on or about October 13, 2011, a Sheriff's Deed from Drew
Alexander, Sheriff of Summit County, Ohio, was issued conveying the Property to CitiMortgage.
The Court further finds that the Sheriff's Deed was filed for record with the Summit County,
Ohio Recorder’s Office as Instrument No. 55810038. A true and accurate copy of the Sheriff's
Deed is attached hereto as Exhibit F.
The Court finds that on or about January 17, 2012, CitiMortgage conveyed its interest in
the Propety to Simmons by way of a Special Warranty Deed. The Court further finds that the
Special Warranty Deed was filed for record with the Summit County, Ohio Recorder’s Office as
Instrument No. 55834324. A true and accurate copy of the Special Warranty Deed is attached
hereto as Exhibit G.
The Court finds that on or about October 25, 2012, the Court in the Foreclosure Case
issued an Order Granting Motion To Vacate Deed, Vacate Entry Confirming Sale, Vacate SaleAnd Vacate Judgment Entry Filed January 28, 2011 (“Order”). A true and accurate copy of the
Order is attached hereto as Exhibit H.
The Court finds that on or about March 20, 2013, Booth conveyed any and all interest, if
any, that he had in the Propety to Simmons by way of a Quit-Claim Deed (the “Booth Quit-
Claim Deed”). The Court further finds that the Booth Quit-Claim Deed was filed for record with
the Summit County, Ohio Recorder’s Office as Instrument No. 55950476. A true and accurate
copy of the Baoth Quit-Claim Deed is attached hereto as Exhibit 1.
The Court finds that on or about April 11, 2013, CitiMortgage conveyed any and all
interest, if any, that it had in the Propety to Simmons by way of a Quit-Claim Deed (the
“CitiMortgage Quit-Claim Deed”). The Court further finds that the CitiMortgage Quit-Claim
Deed was filed for record with the Summit County, Ohio Recorder’s Office as Instrument No.
55950477. A true and accurate copy of the CitiMortgage Quit-Claim Deed is attached hereto as
Exhibit J.
THEREFORE, it is hereby ORDERED that Simmons is found to be the owner of, and in
title to the Property.
It is further ORDERED that the records of the Summit County Auditor and Summit
County Recorder may be amended as necessary under R.C. § 319.21, or otherwise, to reflect
Simmons’ ownership of, and title to the Property.
It is further ORDERED that a copy of this Agreed Judgment Entry duly certified by the
Clerk of Courts of Summit County, Ohio, shall be sufficient authority to the Summit County
Auditor and Summit County Recorder to proceed as herein directed.It is further ORDERED that a copy of this Agreed Judgment Entry duly certified by the
Clerk of Courts of Summit County, Ohio, shall be accepted for recording in the official records
of the Summit County Recorder’s Office.
It is further ORDERED that Simmons is granted any necessary authorization to
memorialize the findings of this Court in the records of the Summit County Auditor and Summit
County Recorder.
The Court finds that there is no just reason for delay and that this Agreed Judgment Entry
shall constitute a final, appealable order.
SO ORDERED this#2-~ day of Meg 2013.
fi Judge Elinore Marfh Stormer
HAVE SEEN AND AGREE:
Quik Ub. Lhe 4, WHB pr me
David Van Slyke (0077721) ” gyal gual. Nathan H. Blaske (0076460)
Attorney for Amanda Simmons s a / 3 Attorney for CitiMortgage, Inc.
PLUNKETT COONEY GRAYDON HEAD & RITCHEY LLP
300 East Broad Street, Suite 590 1900 Fifth Third Center
Columbus, OH 43215 511 Walnut Street
Phone: (614) 629-3000 Cincinnati, OH 45202-3157
Fax: (614) 629-3019 Phone: (513) 621-6464
E-mail: dvanslyke@plunkettcooney.com Fax: (513) 651-3836
E-mail: nblaske@graydon.com
4179702.2LEGAL DESCRIPTION
Situated in the City of Barberton, County of Summit, State of Ohio: Known as
being Lot Number Eighty-Eight (88) in the A.A. Moore’s Peerless Allotment, as
recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio.
Parcel No.: 01-01235
Map Routing No.: 080007704006000
3 EXHIBIT(Page 1 of 1)
AMERICA'S CHOICE TITLE AGENCY, Ing.
3205 BREITON ST. NW
NORTH CANTON, OH 44720
ACTA ALS
p
4
mM Yan Gy al
GENERAL WARRANTY DEED
Bee Section 5302.05 and 5302.06 Ohio Revised Code
KATHERINE R. BOOTH AND DONALD BOOTH, Wife and husband, for
valuable consideration paid, grant(s) with general warranty
coyen to DONALD T. BOOTH, whose tax-mailing address is
Ca gy uf Aaraceo, Ollis 44.203, x
SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE
OF OHIO:
KNOWN AS BEING LOT NUMBER EIGHTY-EIGHT (88) IN THE A.A. MOORE'S
PEERLESS ALLOTMENT, AS RECORDED IN PLAT BOOK 7, PAGE 35 OF THE
RECORDS OF SUMMIT COUNTY, OHIO.
PP #: 01-01235 74a.
RT #1 080007704006000 TRANSFERRED IN COMPLIANCE
___ SEC.3i9202 REV. cope
PRIOR REPERENCE NUMBER: VOLUME 5417, PAGE 893 5 7000-l0 | Aap-cd
> ewes FEE
Witness our hands this 25™ day of May, 2002 FRANK Wainer sgeeation
County Auduor Deputy Auditor
Signed & acknowledged
State of OHIO, STARK County, 36
aa
WILLIAMS, SUNAIT Co AUDIT
BE IT REMEMBERED, that on thia 25™ day of May, 2001, before me,
a Notary Public in and for said state. personally came KATHERINE R.
BOOTH AND DONALD BOOTH, Wife and husband, the Grantors in the
foregoing deed, and acknowledged the signing thereof to be their
voluntary act and deed.
IN TESTIMONY THEREOF, I have hereunto subscribed my name and
affixed my notarial seal on the day and year last aforesaid.
Ce MKB A. Abel Attorney af Lind
£6, ‘Notary Pubtic, State of OoCOPY:
OAMIEL, b. HORRIGAN
-04052 a : .
enor 04092 TOIONOY =i4 AN II: 20
RIC/jbk
SUMMIT COUNTY |
CLERK OF COURTS
November 2, 2010
"IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
CitiMortgage, Inc. successor by
merger to Citifinancial Mortgage
Company, Inc.
1000 Technology Drive
O'Fallon, Missouri 63304
Plaintiff
-vs-
Donald T. Booth aka Donald Booth
309 South 22nd Street
Altoona, PA 16602
Also serve at:
49.19th Street Nw
. Barberton, Ohio 44203
Also serve at:
305 Beamer Drive
Duncansvilile, PA 16635
Also serve at:~
2495 Skelp Mountain Road
Altoona, PA 16601; and,
Jane Doe, Unknown Spouse, if any,
of Donald T. Booth aka Donald Booth
309 South 22nd Street
Altoona, PA 16602
\
2010 11° 7469
CASE NO.
PPN: 0101235
JUDGE JUDGE MARY MARGARET ROWLANDS
COMPLAINT FOR FORECLOSURE
AND
NOTICE UNDER THE FAIR DEBT
COLLECTIONS PRACTICES ACT
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)COPY
Also serve at:
49 19th Street NW
Barberton, Ohio 44203 -
Also serve at:
305 Beamer Drive
Duncansville, PA 16635
Also serve at:
2495 Skelp Mountain Road
Altoona, PA 16601
Defendants
‘ PIRST COUNT
1- Plaintiff says that it is the holder of a certain
promissory note a copy of which is hereto attached, marked
EXHIBIT “A” and made a part hereof; that by reason of default in
Payment of the said note and mortgage securing same, it has
declared said debt due; that there is due and unpaid thereon the
sum of $76,097.96 plus interest at the rate of 9.84% per annum
from April 25, 2010. Plaintiff further says that it has complied
with all conditions precedent as set forth in the Note and
Mortgage.
SECOND COUNT
2. Plaintiff incorporates herein by reference ail of the
allegations contained in its first count, arid further says that
it is the holder of a certain mortgage deed, securing the
payment of said promissory note, a copy of which is attached
hereto, marked EXHIBIT “B”, and being Permanent Parcel #0101235COPY’
and made a part hereof; that said mortgage is a valid and First
lien upon said premises.
3. Plaintiff says that the conditions of said mortgage
have been broken by reason of default in payment, and the same
has become absolute; that the Defendants named in the Complaint,
have or claim to have an interest in the premises described in
EXHIBIT “Bp”.
4. Plaintiff says that pursuant to the covenants and
conditions of said mortgage deed it may, from time to time
during the pendency of this action, advance sums to pay real
estate taxes, hazard insurance premiums and property protection
and maintenance. ,
5. Plaintiff says that the Defendants, Donald T. Booth
aka Donald Booth and Jane Doe, Unknown Spouse, if any, of Donald
T. Booth aka Donald Booth, have cr claim to have an interest in
the premises.
WHERE F ORE Plaintiff demands judgment against the
Defendant Donald T. Booth aka Donald Booth in the sum of
$76,097.96 plus interest at the rate of 9.84% per annum from
April 25, 2010; that the Defendants named herein be required to
answer and set up any claim that they may have in said premises
or be forever barred; that the Plaintiff be found to have a
valid and first lien on said premises for this amount so owing
together with its advances made pursuant to the terms of the
mortgage for real estate taxes, hazard insurance premiums, andCOPY
the premises be ordered appraised, advertised, and sold
according to law, and that from the proceeds the- Plaintiff be
paid the amount found due it, and for such other and further
relief as equity entitled it to receive.
nas
REIMER, ARNOVITZ, CHERNEK-&———
JEFFREY CO., L.P.A.
Ronald J. Chernek (0041431)
Douglas A. Haessig (0079200)
P.O. Box 968
2450 Edison Blvd.
Twinsburg, OH 44087
Phone: (330) 425-4201 Ext. 152
Fax: 330-405-1078
Email: rchernek@reimerlaw.comCOPY
NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT
If your name appears as a Defendant in this Complaint, the
following notice applies to you.
The purpose of the attached documents is to collect a debt. Any
information you provide to Reimer, Arnovitz, Chernek & Jeffrey
Co., L.P.A., will be used for that purpose.
The amount of the debt is stated in paragraph one of this
Complaint.
The plaintiff as named in this Complaint is the creditor to whom
the debt is owed.
The debt described in the Complaint and evidenced by the copy of
the note attached hereto will be assumed to be valid by Reimer,
Arnovitz, Chernek & Jeffrey Co., L.P.A., unless, within thirty
days after the receipt of this notice, you dispute the validity
of the debt or some portion thereof.
If you notify Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A.
within thirty days of the receipt of this notice that the debt
or any portion thereof is disputed, Reimer, Arnovitz, Chernek &
Jeffrey Co., L.P.A., will obtain a verification of the debt and
a copy of the verification will be mailed to you by Reimer,
Arnovitz, Chernek & Jeffrey Co., L.P.A.
If the creditor named as plaintiff in this Complaint is not the
original creditor, and if you make a request to Reimer,
Arnovitz, Chernek & Jeffrey Co., L.P.A., within thirty days from
the receipt of the notice, the name and address of the original
creditor will be mailed to you by Reimer, Arnovitz, Chernek &
Jeffrey Co., L.P.a.
Any written requests should be addressed to Reimer, Arnovitz,
Chernek & Jeffrey Co., L.P.A., P.O. Box 968, Twinsburg, Ohio
44087.
This is an attempt to collect a debt and any information
obtained will be used for that purpose.“EXHIBIT A
COPY:
. NOTE
LENDER: BORROWER:
. DONALD SOOTH
49:19TH ST
BARBERTON, OH 44203
‘CitFhancial Mortgaga Company, inc,
3 Summit Pask Oriva, Suite 125
Independence, Otia 44431-2582"
ToaREATE RCT TAG OAT an
FNAL PAIMEME GATE
O5K6N2 $81,700.00 osresise i:
“1.” "me" and “my" reter to the borrawer(s) named above. “You" and *your" reler to the lender named above.
REPAYMENT I pronuse to pay you, st your office, the address of which is shown above, or at a different place If required by |
ea the Principal stated above together with mterest calculated at the Agreed Raty af Intrzest shown below unt!
fully poid.
| will repay ary Joan by raking the mantily payment set fortn in the Payment Schedule below. Payments wil be
rrade on the same date of every month beginning an the fist paymentdate undl the saan is tully paid, tH there is
Fo such date ir. any month that illows, payrnent will be made ca the fast day of thal eronth,
My monthy payments will be apptied to interest before principal. tf stil owe arnounts under this Note on the
Maturity Date, I wil pay those arrounts in full on that date.
Payments) in the amounts) shown below will be due manthly as shown below,
——.-DVE.DATES)___
Beginning__06/25/2002_
Beginning ___NA
Beginning WA
Beginning__NA
All amounts owed will be due and payable on the Final Payment Date shown above.
My toan is payable {n full at the end of 30 year(s). A payment af $ and all other
arroun's owed will be due ard payable on tha Final Payment Date shown above.
AGREED RATE — The Agreed Rate cfIntereston myloanis 9.840 % except as stated below.
‘OF INTEREST
C1 itthis box is checked, the following provision applies.
From the effective date(s) shown below and for months thereatter, the Agreed Rats of interest on
AGREED RATE
ery loan whl be;
% 1g 05/10/2092.
7 Beginning__NA
% Beginning___NA
‘Then the Agreed Rate of Interest wil be that first stated above,
agree to pay interest on the principal balance reraining alter the Maturity Cate shown above at the Agreed
Rate of Intarestin effect on that date, until the Joan is paid in full,
DEFAULT | will be in defauitt if (tall ta pay any saysrent or part of 3 payment on time cr if I fail ts comply with any of the
leas of the Real Estate Mortgage on the real estate given as secunty for this joan,
It default, you have the right to declare the enti unpald amount of my lean immediately due and payable
without giving me notice of the delautt or asking me to pay. If you declare the balance cl my loan dye and
payable, you ave the rights and remedies provided for in the Real Estate Mortgage tha: secures this loan,
including the ight to require mre tb pay any ceticiency.
LATE Ita paymentis not paid in luli within ten (10) days of its due date, twill pay you a labe charg? equal to five (5%)
CHARGES: parcentot the late payment or $15.00, whichever is greater. °
PREPAYMENT — I have the nght to maka prepayrrents of principal at any time. When | make a prepayment | will tell you on my
payment coupon. All prepayrrents will be applied to appicable charges with the remainder to pancipal. fT make
a princical prepaymont there will be no changes in the due dates or chenges to the ammount of my monthly
payrect unless you agree in wribng tn those delays or changes. IE prepay in full, no part of the ‘oan lee will be
refunded. - -
-4Ue Page 1 of 2
NOTICE: See additional pages for additional loan terms.
ITEM 2834641 (O10) euarseCOPY:
PREPAYMENT
PENALTY
BAD CHECK
CHARGE,
DELAY (N
ENFORCEMENT
SECURITY
FOR THIS
LOAN
ARBITRATION:
1 iihis box ts chacked, the following provision aapiles, itthlt box ts not checked, ! have contracted
with leader for an Increcs ed ag ced rate of later es! and no prepayment pendty
Ww prepay this loan in ful prior to tires years after the data cf the foan, | agreo to pay a prepayment penalty as
lows: :
39% of the onginal principal arraunt if prepaid prior to one year after the date of the loan;
‘2% of the onginal principal arnaunt if prepaid frm one year bul peor to two years alter the data of the [aan
{got te ‘orginal principal ammount if prepaid fram two years but por to threa years after the date of tha
ani
However, the prepayment penalty will not be charged IJ prepay the oan in full with the procteds of ancther
foan from you or one of your atiilatas, if the loan Is pald in full as a resull of the Sale of the real estat: that.
secures the loan, or If te loan is pald In full with the proceeds of Ife insurance insuring one or more al the
Borrowers, oF insurance that covers foss, darrega, of Uestuction of the reai estate thal secures the foan.
It any check of other insburnant glen as payment on this lavebtedness Is dishonored, | agree tp pay a sevice
charge of $20.00 plus any amount you are charged by a bank cr othar depository institution for the cetum ef ary
such unpait or dishonored insvument
You can detay enforcing your rights under this Not without fesig them if | default la complying with sny of the
farms of my loan and you do not declare te loan balance Immediately due and payable, this does not meen you
cannot co so in the future if | detauit again.
Lelve you a Real Estate tortgage dated the sarre date as this Note tp assure payment ot my loan. The Real
Estate Mortgage covers my realestate at 42 19TH ST, BARBERTON, OH 44203 ment
‘The parties have on this date entered into a separate Activation Agreement the terms of which are Incorporated
herein and rrade part hereof by reterence,
‘The Faderal Altematve Mortgage Transaction Parity Act of 1982 and the Federal Depositary Insbtutons Deregulation and Monetary
Contro} Act of 1980 gover the provisions of this {oan with respect to the interest rate, the loan fee, and he final bataon payment
and preempt any stats laws regulatng these provisions,
8Y SIGNING IN THE SPACE BELOW, | ACKNOWLEDGE THAT 1 HAVE RECEIVED A FULLY COMPLETED COPY OF THIS
OTE,
LEFF
a
7p 2514812 0105)
x Low) Boa 06 mz
Axe 5
Ts Witn nal BOOTH™ Date
Witness Date
Page 2 of 2
NOTICE: See additional pages for additional toan terms. annCePY 2
“EXHIBIT B
jrenscrore me acenor nef}
§ PRETION STREET NW
OHIO 44720
OL} gisv. Yad
Stesee32 .
ACTIN Nh Bseaess2
RUDTTOR
REAL ESTATE MORTGAGE
‘This mongage made onfS08i02 between DONALDT B00TH , (LA mAs ri #O
whoseacteas is 49 19TH ST. BARBERTON, ON 44203
hereln referred to as MORTCAGORS and-liFinancial Margage Compeny, Inc. whose address is
‘3 Summa Perk Driva, Sine 125, Independence, Ohio 44131-2582
Farein refered to ts MORTGAGEE,
WIT NESSETHE Mostgagon oiry net severally grrk. bargain sl corey anc mogoge t Mortgage, its mecesoc casts,
geal property berirltrceacnbed as scanty forthe payment fa Note of even date ese in be principal aeurt.of
oe ), together with interest as pravickd in the Note
‘The property hereby mortgaged, are described below, includes improvements and fixtures now attached, together with easemarss,
Maks lege, Interest ert ad polls, The ninmenterckr which Gh Marigngar mined te fe wch propery tx eared
Book No, oat Page 1 inthe Office of the Recorder of SU County, State of
Orie.
TOHAVE AND TO HOLD dh sald property hercinafter descnbed with all the privalege ard appunerances thereunto belonging
‘unto Mortgages (ip successor and ausigy, [oreven ard Martgagors hereby covenart that Martgagors are seized of good and perfect tie to
said property [c fee siorie and have authority to comey the seme thal the tile 50 conveyed is elem, free end wrerearbered except as
hereivalter appears, and thet Mortgegors will foriver warrant ari! defend the samme uren Mortgage agalrat all clalive whatsoever except
those prior ercurbrences, U any, Fereirafter shown,
1 Monge bal lly pestrmell utr wel condos of hs Move an dl py nl naccerdce vats ere, he
obligations this Mortgage secures, then this Mortgpge ahall be rll, void and of ro further force and effect
MORTGAGORS AGREE: To keep the mortgnged property, incluting the buildings ard improvements therecrt fully insured at all
tomes agairot al! hazards with en ireurance company attonzed to do business in the State of Ohio acceptable to Mortgage, ntich policy
shall conéaln o lass payable clause tn favor af Mortgngee as ts interest may oppenr, endif Mortgagors fail sa by do, dey Peceby aushosion
Mortgagee i ineure oF renew insurance on seid property in a sun rot exceeding the arrourt of Mortgagor’ Indebladress for a period rot
excondng tha term of such indebicdress, and 00 cfwrge Mortgagors with the premium thereon. of im odd such premium to Mortgagors’
todebteciess, 1 Mantgagee elects to waive such irmrarce, Morlgrgors agree ty be Cully respereible For derrage or loss resulting fram ey
‘caine whatsoever, Mortgngors agree that ary pura edvarced cr expereied by Mortgagee far the protection or prescruntion of the property
shall be repsud upon demand and if rot se paid shall be secured hereby. Mortgagon Further agree. To pay all taxes, assessments, bills for
repales and any ather experees ircidert ta the owrership of the rertgaged propery when due in order that no Jien vuperior to that of this
Mortgere ard rot row existrg rey be created aguirst the propery cuzin the tem oF this Mortgrge, ard pay, whan dur, all trtalimenes of
inuerest and prinelpal on accoure of any indebtedness which cray he secured by a Lien superior to the len of thls Margage ord existing on
the date herec!, If Mortgagors fail to eee ary of the Coregoing payers, hey hereby authoriza Mortgage to pay the samme on their
otal, ard to charge Mortgagors with the aminints <0 paid aching the same to Mongagony’ Inccbirdhess secured hereby. To exercise Gut
siligerce in the operation, maragevere and cccujation of the mottgtged propety ard improverrents thereon ard rot to commlt or allow
waste on de mortgaged premiscs and to keep Ux mortgaged property in its present ronchtion and repast, conmal end orckrury depreciation
excepted
Tf defnutt be made in the teints or conditions of the debt er debis hereby secured or ef any af the teres of this Mortgage, or In he
of any iraallere when cue, oF if Moctgegors shall become bankrupt or (rsolvent, or troke an. asalgrerece for the beret of
_sreciton, or have a receiver appointed, or should the trartgaged property of any part thereof be attached, levied upon or selaed, ar tf any of
the repeesentabora, warranties or staternents of Mortgagurs herein ba Incorrect or if the Mortgagors chall abarcion the mortgaged property,
or sell oF attempt to sell all oF any pan of the sare, then the whole amour herby secured shell, at Mortgagee’s opoon, become”
inenecataly due apd payable, withast ectice or devand, arc shall be collectbte in a suf at law or by Foreclosure of ths Mortgage. In any
case, regartess of such enforcement, Mortgagee shall ba ented to tha rreradiatr possession of the martgeged property with the rents
snes, income ard profits therefrom with o: Wihaul foreclosure or offer proceedings. In the event of foreclosure of this Mortanzm,
Mertgagos will pay to Mortgagee a reascrable fre far the search rade and prepurntion for such fomelomure, including expenses, foes, ard,
(paymrers rade ta prevent or remove the In:position of lient or claim aguirat he property and cxpertses of upkeep ere! cepnis mada inorder
(o place the same ina condttonto be sold.
sama pe —. Exhibit A
Lega! Description
Fila Number; = 01-10152
SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE OF OHIO:
YNOWN AS BEING LOT NUMBER EIGHTY.£IGHT (86) IN THE A.A. MOORES! PERRLESS ALLOTMENT, AS
RECORDED IN PLAT BOOK 7, PAGE 36 OF THIS RECORD OF SUMMIT COINITY, OHIO.
AXA: 49 197TH ST NW BARBERTON, onro 44203
PARCEL NO. 01-01235; RTH 280007704006000
ETL MBIA S28432,
End Of Legal DescriptionCORY: »
N@ failure on the patt of Morighgre to exertise any of is rights bereureer for default or breaches of coverand shall be construed to
Prejudice Sts ghar In the event of ary other of pubsequent defaults or breches of coverant, and no delay on the pat of Mortgagre in
exercising sry of such righ shall be conned ' prclicke It from the ceecriso thereof at ary time during the cortinaance of any such
default or breach caverart, and Mottyaye my enforce any ane or more remedies hereunder sx cessively or conctrertly atta opslon
AL rights and cbligatiore hereunder shall exterd to end be Birding upon the several belts, successors, exerusny, acrinistniecs and
éSsigrs of the purtics hereto, .
‘The se of he words “Mortgage” and “Mertgages” thoughout dis egrersrent urcludks de slnguiar ard tha plural, the rrale; female
arch revier orl shall be rosd as bis, hes, her or ts ex the case may be,
‘The real property hereby margagedis located in SUMMIT - Coury, Stata of Oho, and
4s desceibed as follows .
Soe Exhibit A attached herets, incorporated hevein and mada a parthersot,
‘Tite w said property is clear free and unencwembered excepe
NONE
IN WITNESS WHEREOF, Moctyazors have execvied this Mortgage on the day above shown,
ine? (BES
Wien DoNaiS BcoTT wore
Wine Meee
Tis tratrament wes preparethy CLE PE Gnanei Re
ACKNOWLEDGMENT BY INDIVIDUAL
STATEOR ONO, CONTYO? Summit” 138
" m Notary Public ln and for said county and state, hereby exstly thaton this Gh day a
1
May 2002 + sbdomecpmonally mart Donald Booth
. tore wel Seen fo be the orto indvichls) remedin end whe execu the within ard forging stores
arctackrondedgedthat " gpedd secec ard dveredthe sure es fee at rd chee forthe uses pupcces ard coreideration therein eervdored.
IN WITNESS HEREOF, | have herewetn set ary hard era atfined ary offical sal the sy she yoar aforesaid
co
Lamy Myers, Nowy Public
Mycomaimegic: In and fore Sete of ObO
pieary PuBUE \ Commision Expires lar. (4, 200
ATTESTATION BY WITNESSES
STATE OP OHIO, COUNTY OF SUMMIT «88:
Fersrally appr beer ar tt eeerigred aay Pit i ind forealdcomy. entitle, Donald Booth
it 1 be sacrtrg Mca © te forage ntoument whoa persrally eown © s,
sid whe, hang been by fist duly swam denise ae ty el they sewite wtittnremsd Donald Booth at
shea nares) er sbsestbet he eregoletratacoert stpsard eves the narecn fe date therein
erreurs nbd bre tres deine mene -
54698432
rr
ews
Swamy antrinaitedtetoreme this GER yo Mey 2002 - yee
: ene see
. SEBS Lary MY Public
CEE syeowintn ES ) aerate ae
‘Roary Rate apy My Commission 14207
or
nw Femuzean nascOROLD
F10-04052 JCLJbk November 24, 2010
wot Shae PAGS
QUI JAN 28 AK 9: 13
SUMAAT ¢
7 ODUNTY
CLERK OF COURTS
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
CitiMortgage, Inc. successor CASE NO. CV2010117469 w
by merger to Citifinancial
Mortgage Company, Inc. JUDGE Mary Margaret Rowlands
)
)
)
)
Plaintiff )
i ) JUDGMENT ENTRY
~vs~ )
. )
Donald T. Booth aka Donald )
Booth, et al. )
)
Defendants )
THIS CAUSE was submitted to the Court and heard upon the
Complaint for Foreclosure of the Plaintiff, and the pleadings.
The Court finds that all necessary parties have been served
with summons according to laws and are properly before the
Gourt; that the Defendants, Donald T. -Booth aka Donald Booth,
and Jane Doe, Unknown Spouse, if any, of Donald T. Booth aka’™
Donald Booth, are in default of Answer or other pleading andCOPY
thereby confess the allegations of the Complaint to be true, and
said Defendants are forever barred from asserting any right,
title or interest in and to the hereinafter described premises.
The Court finds that there is due the Treasurer of Summit
County, Ohio, taxes, accrued taxes, assessments and penalties on
the premises hereinafter described, as shown on the County
Treasurer’s tax duplicate, the exact amount being
unascertainable at the present time, but which amount will be
ascertainable in accordance with Ohio Revised Code Section
323.47; which are a valid and subsisting first lien thereon for
that amount so owing.
The Court finds on the ‘evidence adduced that there is due
the Plaintiff on the promissory note set forth in the First
Count of the Complaint, the sum of $76,097.96, plus interest
thereon at the rate of 9.84% per annum from April 25, 2010, for
which sum, judgment is hereby rendered in favor of the Plaintiff
against the Defendant, Donald T. Booth aka Donald Booth.
The Court further finds that in order to secure the payment
of the promissory note aforesaid, the Defendant, Donald T.
Booth, unmarried, executed and delivered to CitiFinancial
Mortgage Company Inc. their certain mortgage deed as in the
Second" Count of said Complaint described, tNereby conveying to
it the following described premises:COPY
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT “A”.
Said premises also known as
49 19th Street NW, Barberton, Ohio
PP# 0101235
That said mortgage was duly filed with the Recorder of
Summit County on May 10, 2002, and was by him thereafter
recorded in File No. 54698432 of the Mortgage Records of said
County, and thereby became and is a valid first moxtgage lien
upon said premises, subject only to the lien of the Treasurer
for taxes; that said conditions in the mortgage deed have been
broken, and the same has become absolute and the Plaintiff is
entitled to have the equity of redemption and dower of the
Defendants, Donald T. Booth aka Donald Booth, in and to the said
premises foreclosed.
Plaintiff has and will from time to time advance sums for
taxes, insurance and property protection. The Plaintiff has the
first and best lien for these amounts in addition to the amount
set forth above. The Court makes no finding as to the amounts
of the advances and continues same until the confirmation of
sale,COPY
It is therefore ORDERED, ADJUDGED, AND DECREED that unless
the sums hereinabove found due, together with the costs of this
action, be fully paid within three (3) days from the date of the
entry of this decree, that equity of redemption and dower of the
Defendants, Donald T. Bocth aka Donald Booth, in and to said
premises shall be foreclosed, and said premises sold, and that
the Plaintiff may issue an order of sale directed to the Sheriff
of Summit County, directing him to appraise, advertise in a
paper of general circulation within the County, and sell said
premises as upon execution and according to law, free and clear
of the interest of all parties to this -action.
IT IS FURTHER ORDERED that the Sheriff, upon confirmation
of said sale, shall pay from the proceeds of said sale, upon the
claim found herein, the amounts thereof in the following order
of priority:
1, To the Clerk of this Court, the costs of this action,
including the fees of appraisers;
2. To the Treasurer of this County, the taxes and
assessments, due and payable as of the date of transfer of the
property after Sheriff's Sale;
By To the Plaintiff, the sum of $76,097.96 with interest
at the rate of 9.84% per annum from April 25, 2010 together with
advances for taxes, insurance and amounts otherwise expended,
plus costs.4. The balance of the sale proceeds, if any, shall be
paid by the Sheriff to the Clerk of this Court to await further
orders of this Court.
The Court further finds that there is no just reason for delay.
RECORD IS HEREBY ORDERED.
Mary Margaret Rowlands, JUDGE
APPROVED B
-;- ARNOVITZ, CHERNEK
& JEFFREY CO., L.P.A
By: Ronald J. Chernek (# 0041431)
Attorney for Plaintiff
P.O. Box 968
Twinsburg, Ohio 44087
(330) 425-4201
Fax (330) 487-0923COPY
P10-4617/ F10-04052
LEGAL DESCRIPTION
Situated in the City of Barberton, County of Summit and State of Ohio:
Known as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as
recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio.
Page Lof 1MA HORRIGAN: august 19, 2012
F10-04052 i :
i “1 PH 2:55
IN THE COURT OF COMMON PLEAS
CitiMortgage, Inc. successor ) CASE NO. 2010 11 7469
by merger to Citifinancial )
Mortgage Company, inc. ) JUDGE Mary Margaret Rowlands
)
Plaintiff ) JUDGMENT ENTRY CONFIRMING
} SALE AND
~VS- ) ORDERING DISTRIBUTION
)
Donald T. Booth aka )
Donald Booth, et al. }
)
)
Defendants
This day this cause came up on the motion of the Plaintiff
and on the return of the Sheriff of his proceedings and sale
made under former order of this Court; and the Court upon
careful examination of the proceedings of said Sheriff being
satisfied that the same have been made in all respects in
conformity to law, and the orders of this Court, it is ordered
hereby that the proceedings and sale be, and they are hereby
approved and confirmed.
The Court further finds that the purchaser, Plaintiff,
CitiMortgage, Inc. successor by merger to Citifinancial Mortgage
Company, Inc., has subsequently assigned its bid to
CitiMortgage, Inc., whose tax mailing address is 1000 Technology
Drive, O'Fallon, Missouri 63304, and that said written
assignment has been delivered to the Sheriff and is hereby
approved by the Court.IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the
Sheriff convey to the purchaser’s assignee, by deed according to
law, the property sold, subject to all real estate taxes due;
and the said purchaser’s assignee is hereby subrogated to all
the xights of lienholders in said premises as far as they may be
paid herein, for the protection of its title; and a writ of
possession is hereby awarded to put the said purchaser’s
assignee in possession of the premises.
And the Court, coming now to distribute the proceeds of
Said sale amount to $38,000.00, is ordered that the Sheriff is
to pay out of the deposit $2,850.00 the following:
FIRST: To the Clerk of Courts, the sum of
$1,515.72 (which amount includes
Sheriff's Deed) for Court Costs herein;
SECOND: To the Summit County Fiscal office,
the sum of $200.00 for the
Educational fees;
THIRD: To the Summit County Fiscal office,
the sum of $761.75 for the pro-rated
taxes (PP# 0101235) due herein;
FOURTH: To the Treasurer of Summit County,
the sum of $-0- for real estate taxes
(PP# 0101235) through full year 2010;
Real estate taxes will not be deducted
from the sale deposit, but a separate
check will be made payable to the
Treasurer's office;
FIFTH: To the Auditor of Summit County,
the sum of $152.50 for the
conveyance/transfer fees;
SIXTH: To the Recorder of Summit County,
the sum of $28.00 For the recording
of the Sheriff's Deed;SEVENTH: To the Plaintiff, CitiMortgage,
Inc. successor by merger to
Citifinancial Mortgage Company, Inc.,
the balance of the proceeds of said
sale of $35,342.03 to apply against
the judgment heretofore rendered.
The Court further orders the Clerk to issue a cancellation
of the Plaintiff's mortgage, (see Exhibit “A” attached hereto
for the legal description), recorded in Instrument Number
54698432, of the records of Summit County.
Vine nf
JUDGE
RECORD IS HEREBY ORDERED.
APPROVED BY:
OVITZ, CHERNEK & JEFFREY CO., L.P.A.
D J. CHERNEK (Reg. #0041431) ‘
STER COSTELLO (Reg. #0076112)P10-4617/ F10-04052
LEGAL DESCRIPTION
Situated in the City of Barberton, County af Summit and State of Ohio:
Known as being Lot Number Eighty Eight (88) in the A-A. Moores’ Peerless Allotment as
recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio.
OIOW’SDD OCBCOOTTOUOO WOOD
UG CHD Sree NU boreerton Ort UU4203
Legal Description approved for
Shariff's Sale by
L
Page Lof §
EXHIBIT "A".(Page 1 of 2)
. SHERIFF’S DEED a
Revised Code § 2329.36
CASE# CV2010117469
I, Drew Alexander, Sheriff of Summit County, Ohio, pursuant to the Order of Sale entered on February 2,
2011, the Confirmation of Sale entered on September 1, 2014 and in consideration of the sum of ($38,000.00) ‘Thirty
Eight Thousand and 06/100 dollars, the receipt whercof is hereby acknowledged, does hereby GRANT, SELL AND
CONVEY unto CitiMortgage, Inc., 1000 Technology Drive, O'Fatlon Missouri 63304, all the rights, title and interest
of the parties in Court of Common Pleas, Sunigit County, Ohio, Case Number CV2010117469, CitiMortgage, Inc.
successor by merger to Citifinancial Mortgage Company, Inc. vs. Donald T, Booth aka Donald Booth et af., and all
pleadings therein incorporated herein by reference in and to the following Lands and Tenements situated in the County of
Summit AND State of Ohio, Known and described as follows, to-wit:
SERCREE Hea Ree aber eR Ee ES EMER HEE
SEE EXHIBIT “A”
This deed does not reflect any restrictions, conditions or easements of record.
Prior Owner: Donald T. Booth
Prior Instrument Reference: _ File No. 54553378; Junc 4, 2001 of Summit County Records
Executed this dayot Septembeot 12024 .
Drew Alexander, Up Summit Coop Ohio
I Of1 ) ¢ curtpl 2. {{ bf , Deputy Sheriff of
Summit County, Ohio
‘aspresg wast ay
STATE OF OHIO )
) SS: =
2
COUNTY OF SUMMIT ) soe0CT
’ * = U1
Be in remembered, that on a )___ day of £20, . Before me, Clerk of Cammon Pleas Court in and for said Sa Oo
County, personally appeared the within named __ Deputy Sheriff of by Summit County, Ohio and 8 =
acknowledged rhe within conveyance to be histher voluntary act'and deed, as suid Deputy Sheriff we
PS ow
IN WITNESS WHEREOF, { have hereunto set my hand and Official 8g Lou}
Seal the day and year aforesaid
Daniel M. Horrigan, seal
Clerk uf Common Pleas Court
Summit County, Ohio
By Ad EA
Deputy Clerk
This instrument was prepared by:
REIMER, ARNOVITZ, CHERNEK & JEFFREY Co., L.P.A. LP SY/
2450 Edison Blvd., Twinsburg, Ohio 44087 TRANSFERRED IN COMPLIANCE WITH
September 12, 2012 SEC.319.202 REV. CODE
F10-04052 $7E pean $ 52.00 FEE
Consideration Q
KRISTEN M. SCALISE CPA, CFE By.
FISCAL OFFICER Deputy Fiscal Officer
No. of pagas_cot~@age 2 of 2)
' ’
P10-4617/ F10-04052
LEGAL DESCRIPTION
Situated in the City of Barberton, County of Summit and State of Ohio:
Known as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as
recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio.
O1IOIZSS —— CBCOOTTOUOOWADO
UG ICH Street Nu) boreerton ot UUL203
iption approved by Tae}
Descrij tion approved vi"
panies govd tor By dave from
“ofiedie. Qe sl 11. ;
x
z
a
a
5
$
o
$
£
E
2
i
=
2
8
—
—
==
I
2
=>
5
nar
Yn
So
rd)
nN
a
88 &
8Yo ve Consideration 2,
KRISTE’! M, SCALISE CPA, CEE By.
FISCAL OFFICER, Depuly Fiscal Officer **
Description approved by Tax Maps
Approval good for 30 7
CN11020153
Special Warranty Deed
This Deed is from CitiMortgage, Inc., a corporation organized and existing under the
laws of the State of DE ("Grantor"), to Amanda Simmons, ("Grantee")
For value received, Grantor hereby grants, remises, aliens and conveys unto Grantee,
and to Grantee's heirs and assign forever, but without recourse, representation or
warranty, except as expressed herein, al! of grantor’s right, title and interest in and to
that certain tract or parcel of land commonly known as 49 19th Street, Barberton, OH
44203 and situated in the City of Barberton, County of Summit, State of Ohio,
described as follows (the “Premises"):
SEE EXHIBIT “A' WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN.
Subject (o easements and restrictions of record
Permanent Parcel #: 0101235
Map Routing #: 080007704006000
d
Tax Mailing Address: P.O. Box 63 Wadsworth, OH 44282 i
Prior Instrument Reference: Instrument #55810038 of the Deed Records of Summit
County, Ohio.
And Grantor, for itself and its successors does covenant, promise and agree, to and with
Grantee, Grantee's heirs and assigns, thal Grantor has not done or caused anything
whereby the Premises hereby granted are, or may be, in any manner encumbered or
charged, except as herein recited; and that Grantor will specially warrant title to the
Premises, against all persons lawfully claiming or who may claim the same, by, through
MUNN SMU
iseal
55834324
38.00
SherhaBie e 08; 140iy
Dated this 47 day ot Patudel pros .
STATE
COUNTY OF
CitiMortgage, Ine, by National Default
REO Services, LLC, a Delaware
Limited Liability Company, dba First
American Assct Closing Services as
Attorney jn Facet,
Sandra Taylor
POACIngbgim gat Number $5701799
BE IT REMEMBERED, That on this /7_ day ot fit Leaps 2 before me,
the subscriber, a Notary Public in and for said CoGfity and State’ personally came,
lox_(name),
Services, LLC, 2 Delaware Limited Liability Company, dba First American Asset
Closing Services as Attorney in Fact for CitiMortgage, Inc, the Grantor in the
foregoing Deed, and acknowledged the signing thercof to be his/her voluntary act and
deed and the voluntary act and deed on behalf of the corporation.
{title) of National Default REO
IN TESTIMONY THEREOF, | have hereunto subscribed my name and affixed my
Official seat on the day and year last aforesaid.
This instrament was prepared by:
Lerner, Sampson & Rothfiuss
120 East Fourth Street
Cincinnati, OH 45202
fi BX
SH
Kristen Scalise, Summit Co Flacal Office
ax
POP pee
WIC MALE
his, NICOLE DALRYMPLE-HALL
fi Soe ee eter of foxes
Ag My Commission Expires
tI January 26, 2036
ee
il | lit | || | Feta
Par 2 of 3
91/27/2012 9B: 149
OE 36.00
|
|EXHIBIT "A"
Situated in the City of Barberton, County of Summit and State of Ohio:
Known as being Lot Number Eighty-Eight (88) in the A.A, Moore's Peerless Allotment,
as recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio.
Parcel No; 01-01235
Map Routing #: 080007704006000
inTitte Agency, Inc.
120 & 4th Strect, 2nd Floor
Cinelnnati, OH 45202
(813) 241-8760
55834324
PixirSie $8 gr
GE ANN
Kristen Scalise, Summit(page i of 3)
F10-04052
woe DAH/mls HIS 739
TRANSFERRED IN COMPLIANCE WITH »
SEC.319.202 E CODE
$
Consideration
KRISTEN M. SCALISE GPA,CFE @y,
FISCAL OFFICER: Deputy Fiscal Otticer
es IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
CitiMortgage, Inc. successor Case No. CV2010217469
‘by merger to Citifinancial
Mortgage Company, Inc. Judge Mary Margaret Rowlands
)
)
)
)
Plaintiff, ) ORDER GRANTING MOTION TO
) VACATE DEED, VACATE ENTRY
vs. } CONFIRMING SALE, VACATE SALE
} AND VACATE JUDGMENT ENTRY
) FILEO JANUARY 28, 2011
Donald T. Booth aka )
Donald Booth, et al. ) EXHIBIT
)
)
Defendants
THIS CAUSE came on to be heard upon the Motion of
Plaintiff to vacate the Deed recorded in Volume Reception No.
35810038, vacate the Entry Confirming Sale, vacate sale and
vacate the judgment entry filed January 28, 2011.
The Court finds that the Motion is well taken and it is,
therefore, the ORDER of this Court that the transfer and
Conveyance of the property by Sheriff‘s Deed recorded in Volume
Reception No. 558100389 shall and is hereby vacated and set
aside, the Entry Confirming Sale be vacated, the sale be vacated
99902725
and to vacate the judgment entry filed January 28, 2011. A
t8z0h28'2 9 aaa
APN
Scalise, Summit Co Fiscal Office(age 2 of 4)
. certified copy of this Order shall be accepted by the Recorder
and Auditor to set aside said Deed.
All other Orders and judgments shall remain in full force
and effect.
Date Judge Mary Margaret Rowlands
APPROVED BY:
Douglas A. Haessig #0079200
Reimer, Arnovitz, Chernek &
Jeffrey Ca., L.P.A. { certify this
P.O. Box 968 Danie
2450 Edison Blvd.
Twinsburg, QOH 44087
Phone: (330) 425-4201
Fax: (330) 487-0923
dhaessig@reimerlaw.com
COpy of the origi
of Counts, ‘na
Deputy
SITTIN ees
Sunmit Co Fiscal Office?(Page 3 of 4)
P10-4617/ F10-04052
LEGAL DESCRIPTION
Situated in the City of Barberton, County of Summit and State of Obio:
Known as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as
recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio.
ClO IZAS CECOOTICHOOCOOO
UC. CHa Street NU boreertun GH UU20%
Legal Description approved tor
Sheriff's Sete by
55902725
"828 Bho 1Azp
mIse 42.00
QR
Page Lof 1rage L of 2)
we?
$590
TRANSFERRE! TRA
RE D IN COMPLIANCE WITH NSFERRED
Sonal § CP pee QIZAPR26 PH 1:30
Consideration
KRISTEN M. SCALISE ———.
FISCAL OFFICER OFF witli _ we ‘oon
ia]
Description approved by T-
Approval good for $5.
fat [a01% Mae. Ef70
QUIT-CLAIM pee
The Grantor, Donald T. Booth aka Donald Booth, divorced and not re-married, whose
address is 309 South 22™ Street, Altoona, PA 16602, for the full consideration of one
dollar and other valuable consideration, conveys to the Grantee, Amanda Simmons,
whose tax mailing address is PO Box 63, Wadsworth, OH 44282, any and all interest
whatsoever in the following described premises located in the City of Barberton, County
of Summit, State of Ohio and being more particularly described as:
City of Barberton, County of Summit, State of Ohio: Known as being Lot
Number Eighty-Eight (88) in the A.A. Moore’s Peerless Allotment, as
recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio.
PPN#: 01-01235 OE 00070 YOOE,
Prior Deed: 55834324
IN WITNESS WHEREOF, that Donald T. Booth aka Donald Booth, an unmarried
man, has caused this deed to be executed on this_20 day of _Uarch. » 2013.
T. Booth aka Donald Booth
55950476
6/2013 4s: 12P
| Bb a3 a8
PAU
Kristen Scalise, Summit Co Fiscal 0}
MMIwage e¢ Ok 4)
STATE OF _Pennsy vonia
COUNTY OF _ Biaic
Before me, a Notary Public, did personally appear Donald T. Booth aka Donald Booth,
who acknowledged before me the execution of this Deed on this 20 day of
Hac 2013 in the capacity so indicated.
bit
Prepared by: David 5.. Van Slyke, PLUNKETT COONEY, 300 E, Broad St, Suite $90, Columbus, OH 43215
Open.17487.30535.12702261-1
ees
wee
lise, Sumit Covage 1 of 2)
hy snmaren oh Gescey
SEC, 319.202 REV. CODE COMPLIED WITH
Ceelm pte :
Consideration
KRISTEN M. SCALISE CPA, CFE By shite -
Deseri; FISCAL OFFICER Deputy Fi Fiscal Officer,
iption approved By Tax ita, s Noe _—-
val good for 36 days on oe
OU §/% Helyfooss
TRANSFER NOT NECESSARY .
. 2H2 KRISTEN M. SCALISE CPA, CFE, FISCAL OFFICER
QUIT-CLAIM DEED
The Grantor, CitiMortgage, Inc., a Delaware corporation, whose address is 1000
Technology Drive, O'Fallon, Missouri, 63304, for the full consideration of one dollar and
other valuable consideration, conveys to the Grantee, Amanda Simmons, whose tax
mailing address is PO Box 63, Wadsworth, OH 44282, without recourse, representation.
or warranty of any kind, any and all interest whatsoever in the following described
premises located in the City of Barberton, County of Summit, State of Ohio and being
more particularly described as:
City of Barberton, County of Summit, State of Ohio: Known as being Lot
Number Eighty-Eight (88) in the A.A. Moore’s Peerless Alloument, as
recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio.
PPNA = 01-01238 OF -LOOT7 OF COle
Prior Deed: 55834324
IN WITNESS WHEREOF, that CitiMortgage, Inc. has caused this deed to be executed on
this Lf day of Cpa. l , 2013. i EXHIBIT
CitiMorgage, Inc. ” q oo
oy Aut aude!)
Name:
Susan A. Wood
Title: Vice President
IE 55950477
PAU eee
Fienal ners De 26.00ge 2 of 2)
STATE OF MisSOURt
COUNTY OF ____ St CHARLES
The foregoing instrument was acknowledged before me this iL day of
2045, by SuGKn feet oarl (name), Lice Presid oud — title) of
CitiMortgage, Inc., a Delaware corporation, on behalf of such corporation.
Oo
DIANE K. EOFF
Notar Public Notary Seal
Si Charles Gourty jotary Publi
Commsasion #08857304
My Commeaion Expres August 20,2013
This instrument prepared in its unexecuted format without benefit of titfe exam by Nathan H. Blaske, Esq.,
Graydon Head & Ritchey LLP, 1900 Fifth Thicd Center, 511 Walnut Street, Cincinnati, Ohio 45202.
Hal fo: Davie Len Se
wo Evd Broa, Sok STO
Cound OW 43217
41271341
55950477
Pe; Jaz f @3:42P
O13
be” 28.90
IMM
Co Fiscal Orfice”
Preview
ANICE Me HOGRIGAN IN THE COURT OF COMMON PLEAS OANEL M. WCRI TY, OHIO m SUMMIT COUN’ gt gHAY 22 PHS 32 AMANDA SIMMONS, : CASE NO. CV 2013 03 1220 _ INTY : gumvll COUNTY ¢ Plaintiff, : (Judge Elinore Marsh Storiieryi OF COUR! VS. : AGREED JUDGMENT ENTRY DONALD T. BOOTH, e¢ ai., Defendants. This matter is before the Court on Plaintiff Amanda Simmons’ (“Simmons”) Complaint For Declaratory Judgment And Quiet Title (“Complaint”), the Notice of Partial Dismissal Without Prejudice Of Defendants Donald T. Booth a/k/a Donald Booth And Jane Doe, Unknown Spouse Of Donald T. Booth a/k/a Donald Booth, and the agreement of Simmons and Defendant CitiMortgage, Inc. (“CitiMortgage”). The Court finds that all necessary parties have been properly served according to law and are properly before the Court. The Court finds that Defendant Donald T. Booth a/k/a Donald Booth (“Booth”) was the former owner of real property commonly known as 49 19th Street, Barberton, Ohio, and more particularly described in the attached Exhibit A (the “Property”). The Court further finds that Booth acquired the entire fee simple interest in the Property by way of a General Warranty Deed filed for record with the Summit County, Ohio Recorder’s Office as Instrument No. 54553378. A true and accurate copy of the General Warranty Deed is attached hereto as Exhibit B. The Court finds that on or about November 4, 2010, CitiMortgage commenced Summit County Case No. CV 2010 11 7469, styled CitiMortgage, Inc. v. Donald T. Booth aka Donald Booth, et al. (the “Foreclosure Case”), seeking judgment on a certain promissory note andforeclosure of the Property. A true and accurate copy of the Complaint For Foreclosure is attached hereto as Exhibit C. The Court finds that on or about January 28, 2011, the Court in the Foreclosure Case issued a Judgment Entry purporting to foreclose any and all interest of Defendants Donald T. Booth a/k/a Donald Booth and Jane Doe, Unknown Spouse of Donald T. Booth a/k/a Donald Booth in the Property, and ordering that the Property be sold at sheriffs sale. A true and accurate copy of the Judgment Entry is attached hereto as Exhibit D. The Court finds that on or about September 1, 2011, the Court in the Foreclosure Case issued a Judgment Entry Confirming Sale And Ordering Distribution that ordered the execution and delivery of a Sheriff's Deed to CitiMortgage. A true and accurate copy of the Judgment Entry Confirming Sale And Ordering Distribution is attached hereto as Exhibit E. The Court finds that on or about October 13, 2011, a Sheriff's Deed from Drew Alexander, Sheriff of Summit County, Ohio, was issued conveying the Property to CitiMortgage. The Court further finds that the Sheriff's Deed was filed for record with the Summit County, Ohio Recorder’s Office as Instrument No. 55810038. A true and accurate copy of the Sheriff's Deed is attached hereto as Exhibit F. The Court finds that on or about January 17, 2012, CitiMortgage conveyed its interest in the Propety to Simmons by way of a Special Warranty Deed. The Court further finds that the Special Warranty Deed was filed for record with the Summit County, Ohio Recorder’s Office as Instrument No. 55834324. A true and accurate copy of the Special Warranty Deed is attached hereto as Exhibit G. The Court finds that on or about October 25, 2012, the Court in the Foreclosure Case issued an Order Granting Motion To Vacate Deed, Vacate Entry Confirming Sale, Vacate SaleAnd Vacate Judgment Entry Filed January 28, 2011 (“Order”). A true and accurate copy of the Order is attached hereto as Exhibit H. The Court finds that on or about March 20, 2013, Booth conveyed any and all interest, if any, that he had in the Propety to Simmons by way of a Quit-Claim Deed (the “Booth Quit- Claim Deed”). The Court further finds that the Booth Quit-Claim Deed was filed for record with the Summit County, Ohio Recorder’s Office as Instrument No. 55950476. A true and accurate copy of the Baoth Quit-Claim Deed is attached hereto as Exhibit 1. The Court finds that on or about April 11, 2013, CitiMortgage conveyed any and all interest, if any, that it had in the Propety to Simmons by way of a Quit-Claim Deed (the “CitiMortgage Quit-Claim Deed”). The Court further finds that the CitiMortgage Quit-Claim Deed was filed for record with the Summit County, Ohio Recorder’s Office as Instrument No. 55950477. A true and accurate copy of the CitiMortgage Quit-Claim Deed is attached hereto as Exhibit J. THEREFORE, it is hereby ORDERED that Simmons is found to be the owner of, and in title to the Property. It is further ORDERED that the records of the Summit County Auditor and Summit County Recorder may be amended as necessary under R.C. § 319.21, or otherwise, to reflect Simmons’ ownership of, and title to the Property. It is further ORDERED that a copy of this Agreed Judgment Entry duly certified by the Clerk of Courts of Summit County, Ohio, shall be sufficient authority to the Summit County Auditor and Summit County Recorder to proceed as herein directed.It is further ORDERED that a copy of this Agreed Judgment Entry duly certified by the Clerk of Courts of Summit County, Ohio, shall be accepted for recording in the official records of the Summit County Recorder’s Office. It is further ORDERED that Simmons is granted any necessary authorization to memorialize the findings of this Court in the records of the Summit County Auditor and Summit County Recorder. The Court finds that there is no just reason for delay and that this Agreed Judgment Entry shall constitute a final, appealable order. SO ORDERED this#2-~ day of Meg 2013. fi Judge Elinore Marfh Stormer HAVE SEEN AND AGREE: Quik Ub. Lhe 4, WHB pr me David Van Slyke (0077721) ” gyal gual. Nathan H. Blaske (0076460) Attorney for Amanda Simmons s a / 3 Attorney for CitiMortgage, Inc. PLUNKETT COONEY GRAYDON HEAD & RITCHEY LLP 300 East Broad Street, Suite 590 1900 Fifth Third Center Columbus, OH 43215 511 Walnut Street Phone: (614) 629-3000 Cincinnati, OH 45202-3157 Fax: (614) 629-3019 Phone: (513) 621-6464 E-mail: dvanslyke@plunkettcooney.com Fax: (513) 651-3836 E-mail: nblaske@graydon.com 4179702.2LEGAL DESCRIPTION Situated in the City of Barberton, County of Summit, State of Ohio: Known as being Lot Number Eighty-Eight (88) in the A.A. Moore’s Peerless Allotment, as recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio. Parcel No.: 01-01235 Map Routing No.: 080007704006000 3 EXHIBIT(Page 1 of 1) AMERICA'S CHOICE TITLE AGENCY, Ing. 3205 BREITON ST. NW NORTH CANTON, OH 44720 ACTA ALS p 4 mM Yan Gy al GENERAL WARRANTY DEED Bee Section 5302.05 and 5302.06 Ohio Revised Code KATHERINE R. BOOTH AND DONALD BOOTH, Wife and husband, for valuable consideration paid, grant(s) with general warranty coyen to DONALD T. BOOTH, whose tax-mailing address is Ca gy uf Aaraceo, Ollis 44.203, x SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE OF OHIO: KNOWN AS BEING LOT NUMBER EIGHTY-EIGHT (88) IN THE A.A. MOORE'S PEERLESS ALLOTMENT, AS RECORDED IN PLAT BOOK 7, PAGE 35 OF THE RECORDS OF SUMMIT COUNTY, OHIO. PP #: 01-01235 74a. RT #1 080007704006000 TRANSFERRED IN COMPLIANCE ___ SEC.3i9202 REV. cope PRIOR REPERENCE NUMBER: VOLUME 5417, PAGE 893 5 7000-l0 | Aap-cd > ewes FEE Witness our hands this 25™ day of May, 2002 FRANK Wainer sgeeation County Auduor Deputy Auditor Signed & acknowledged State of OHIO, STARK County, 36 aa WILLIAMS, SUNAIT Co AUDIT BE IT REMEMBERED, that on thia 25™ day of May, 2001, before me, a Notary Public in and for said state. personally came KATHERINE R. BOOTH AND DONALD BOOTH, Wife and husband, the Grantors in the foregoing deed, and acknowledged the signing thereof to be their voluntary act and deed. IN TESTIMONY THEREOF, I have hereunto subscribed my name and affixed my notarial seal on the day and year last aforesaid. Ce MKB A. Abel Attorney af Lind £6, ‘Notary Pubtic, State of OoCOPY: OAMIEL, b. HORRIGAN -04052 a : . enor 04092 TOIONOY =i4 AN II: 20 RIC/jbk SUMMIT COUNTY | CLERK OF COURTS November 2, 2010 "IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO CitiMortgage, Inc. successor by merger to Citifinancial Mortgage Company, Inc. 1000 Technology Drive O'Fallon, Missouri 63304 Plaintiff -vs- Donald T. Booth aka Donald Booth 309 South 22nd Street Altoona, PA 16602 Also serve at: 49.19th Street Nw . Barberton, Ohio 44203 Also serve at: 305 Beamer Drive Duncansvilile, PA 16635 Also serve at:~ 2495 Skelp Mountain Road Altoona, PA 16601; and, Jane Doe, Unknown Spouse, if any, of Donald T. Booth aka Donald Booth 309 South 22nd Street Altoona, PA 16602 \ 2010 11° 7469 CASE NO. PPN: 0101235 JUDGE JUDGE MARY MARGARET ROWLANDS COMPLAINT FOR FORECLOSURE AND NOTICE UNDER THE FAIR DEBT COLLECTIONS PRACTICES ACT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )COPY Also serve at: 49 19th Street NW Barberton, Ohio 44203 - Also serve at: 305 Beamer Drive Duncansville, PA 16635 Also serve at: 2495 Skelp Mountain Road Altoona, PA 16601 Defendants ‘ PIRST COUNT 1- Plaintiff says that it is the holder of a certain promissory note a copy of which is hereto attached, marked EXHIBIT “A” and made a part hereof; that by reason of default in Payment of the said note and mortgage securing same, it has declared said debt due; that there is due and unpaid thereon the sum of $76,097.96 plus interest at the rate of 9.84% per annum from April 25, 2010. Plaintiff further says that it has complied with all conditions precedent as set forth in the Note and Mortgage. SECOND COUNT 2. Plaintiff incorporates herein by reference ail of the allegations contained in its first count, arid further says that it is the holder of a certain mortgage deed, securing the payment of said promissory note, a copy of which is attached hereto, marked EXHIBIT “B”, and being Permanent Parcel #0101235COPY’ and made a part hereof; that said mortgage is a valid and First lien upon said premises. 3. Plaintiff says that the conditions of said mortgage have been broken by reason of default in payment, and the same has become absolute; that the Defendants named in the Complaint, have or claim to have an interest in the premises described in EXHIBIT “Bp”. 4. Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it may, from time to time during the pendency of this action, advance sums to pay real estate taxes, hazard insurance premiums and property protection and maintenance. , 5. Plaintiff says that the Defendants, Donald T. Booth aka Donald Booth and Jane Doe, Unknown Spouse, if any, of Donald T. Booth aka Donald Booth, have cr claim to have an interest in the premises. WHERE F ORE Plaintiff demands judgment against the Defendant Donald T. Booth aka Donald Booth in the sum of $76,097.96 plus interest at the rate of 9.84% per annum from April 25, 2010; that the Defendants named herein be required to answer and set up any claim that they may have in said premises or be forever barred; that the Plaintiff be found to have a valid and first lien on said premises for this amount so owing together with its advances made pursuant to the terms of the mortgage for real estate taxes, hazard insurance premiums, andCOPY the premises be ordered appraised, advertised, and sold according to law, and that from the proceeds the- Plaintiff be paid the amount found due it, and for such other and further relief as equity entitled it to receive. nas REIMER, ARNOVITZ, CHERNEK-&——— JEFFREY CO., L.P.A. Ronald J. Chernek (0041431) Douglas A. Haessig (0079200) P.O. Box 968 2450 Edison Blvd. Twinsburg, OH 44087 Phone: (330) 425-4201 Ext. 152 Fax: 330-405-1078 Email: rchernek@reimerlaw.comCOPY NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT If your name appears as a Defendant in this Complaint, the following notice applies to you. The purpose of the attached documents is to collect a debt. Any information you provide to Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A., will be used for that purpose. The amount of the debt is stated in paragraph one of this Complaint. The plaintiff as named in this Complaint is the creditor to whom the debt is owed. The debt described in the Complaint and evidenced by the copy of the note attached hereto will be assumed to be valid by Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A., unless, within thirty days after the receipt of this notice, you dispute the validity of the debt or some portion thereof. If you notify Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A. within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A., will obtain a verification of the debt and a copy of the verification will be mailed to you by Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A. If the creditor named as plaintiff in this Complaint is not the original creditor, and if you make a request to Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A., within thirty days from the receipt of the notice, the name and address of the original creditor will be mailed to you by Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.a. Any written requests should be addressed to Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A., P.O. Box 968, Twinsburg, Ohio 44087. This is an attempt to collect a debt and any information obtained will be used for that purpose.“EXHIBIT A COPY: . NOTE LENDER: BORROWER: . DONALD SOOTH 49:19TH ST BARBERTON, OH 44203 ‘CitFhancial Mortgaga Company, inc, 3 Summit Pask Oriva, Suite 125 Independence, Otia 44431-2582" ToaREATE RCT TAG OAT an FNAL PAIMEME GATE O5K6N2 $81,700.00 osresise i: “1.” "me" and “my" reter to the borrawer(s) named above. “You" and *your" reler to the lender named above. REPAYMENT I pronuse to pay you, st your office, the address of which is shown above, or at a different place If required by | ea the Principal stated above together with mterest calculated at the Agreed Raty af Intrzest shown below unt! fully poid. | will repay ary Joan by raking the mantily payment set fortn in the Payment Schedule below. Payments wil be rrade on the same date of every month beginning an the fist paymentdate undl the saan is tully paid, tH there is Fo such date ir. any month that illows, payrnent will be made ca the fast day of thal eronth, My monthy payments will be apptied to interest before principal. tf stil owe arnounts under this Note on the Maturity Date, I wil pay those arrounts in full on that date. Payments) in the amounts) shown below will be due manthly as shown below, ——.-DVE.DATES)___ Beginning__06/25/2002_ Beginning ___NA Beginning WA Beginning__NA All amounts owed will be due and payable on the Final Payment Date shown above. My toan is payable {n full at the end of 30 year(s). A payment af $ and all other arroun's owed will be due ard payable on tha Final Payment Date shown above. AGREED RATE — The Agreed Rate cfIntereston myloanis 9.840 % except as stated below. ‘OF INTEREST C1 itthis box is checked, the following provision applies. From the effective date(s) shown below and for months thereatter, the Agreed Rats of interest on AGREED RATE ery loan whl be; % 1g 05/10/2092. 7 Beginning__NA % Beginning___NA ‘Then the Agreed Rate of Interest wil be that first stated above, agree to pay interest on the principal balance reraining alter the Maturity Cate shown above at the Agreed Rate of Intarestin effect on that date, until the Joan is paid in full, DEFAULT | will be in defauitt if (tall ta pay any saysrent or part of 3 payment on time cr if I fail ts comply with any of the leas of the Real Estate Mortgage on the real estate given as secunty for this joan, It default, you have the right to declare the enti unpald amount of my lean immediately due and payable without giving me notice of the delautt or asking me to pay. If you declare the balance cl my loan dye and payable, you ave the rights and remedies provided for in the Real Estate Mortgage tha: secures this loan, including the ight to require mre tb pay any ceticiency. LATE Ita paymentis not paid in luli within ten (10) days of its due date, twill pay you a labe charg? equal to five (5%) CHARGES: parcentot the late payment or $15.00, whichever is greater. ° PREPAYMENT — I have the nght to maka prepayrrents of principal at any time. When | make a prepayment | will tell you on my payment coupon. All prepayrrents will be applied to appicable charges with the remainder to pancipal. fT make a princical prepaymont there will be no changes in the due dates or chenges to the ammount of my monthly payrect unless you agree in wribng tn those delays or changes. IE prepay in full, no part of the ‘oan lee will be refunded. - - -4Ue Page 1 of 2 NOTICE: See additional pages for additional loan terms. ITEM 2834641 (O10) euarseCOPY: PREPAYMENT PENALTY BAD CHECK CHARGE, DELAY (N ENFORCEMENT SECURITY FOR THIS LOAN ARBITRATION: 1 iihis box ts chacked, the following provision aapiles, itthlt box ts not checked, ! have contracted with leader for an Increcs ed ag ced rate of later es! and no prepayment pendty Ww prepay this loan in ful prior to tires years after the data cf the foan, | agreo to pay a prepayment penalty as lows: : 39% of the onginal principal arraunt if prepaid prior to one year after the date of the loan; ‘2% of the onginal principal arnaunt if prepaid frm one year bul peor to two years alter the data of the [aan {got te ‘orginal principal ammount if prepaid fram two years but por to threa years after the date of tha ani However, the prepayment penalty will not be charged IJ prepay the oan in full with the procteds of ancther foan from you or one of your atiilatas, if the loan Is pald in full as a resull of the Sale of the real estat: that. secures the loan, or If te loan is pald In full with the proceeds of Ife insurance insuring one or more al the Borrowers, oF insurance that covers foss, darrega, of Uestuction of the reai estate thal secures the foan. It any check of other insburnant glen as payment on this lavebtedness Is dishonored, | agree tp pay a sevice charge of $20.00 plus any amount you are charged by a bank cr othar depository institution for the cetum ef ary such unpait or dishonored insvument You can detay enforcing your rights under this Not without fesig them if | default la complying with sny of the farms of my loan and you do not declare te loan balance Immediately due and payable, this does not meen you cannot co so in the future if | detauit again. Lelve you a Real Estate tortgage dated the sarre date as this Note tp assure payment ot my loan. The Real Estate Mortgage covers my realestate at 42 19TH ST, BARBERTON, OH 44203 ment ‘The parties have on this date entered into a separate Activation Agreement the terms of which are Incorporated herein and rrade part hereof by reterence, ‘The Faderal Altematve Mortgage Transaction Parity Act of 1982 and the Federal Depositary Insbtutons Deregulation and Monetary Contro} Act of 1980 gover the provisions of this {oan with respect to the interest rate, the loan fee, and he final bataon payment and preempt any stats laws regulatng these provisions, 8Y SIGNING IN THE SPACE BELOW, | ACKNOWLEDGE THAT 1 HAVE RECEIVED A FULLY COMPLETED COPY OF THIS OTE, LEFF a 7p 2514812 0105) x Low) Boa 06 mz Axe 5 Ts Witn nal BOOTH™ Date Witness Date Page 2 of 2 NOTICE: See additional pages for additional toan terms. annCePY 2 “EXHIBIT B jrenscrore me acenor nef} § PRETION STREET NW OHIO 44720 OL} gisv. Yad Stesee32 . ACTIN Nh Bseaess2 RUDTTOR REAL ESTATE MORTGAGE ‘This mongage made onfS08i02 between DONALDT B00TH , (LA mAs ri #O whoseacteas is 49 19TH ST. BARBERTON, ON 44203 hereln referred to as MORTCAGORS and-liFinancial Margage Compeny, Inc. whose address is ‘3 Summa Perk Driva, Sine 125, Independence, Ohio 44131-2582 Farein refered to ts MORTGAGEE, WIT NESSETHE Mostgagon oiry net severally grrk. bargain sl corey anc mogoge t Mortgage, its mecesoc casts, geal property berirltrceacnbed as scanty forthe payment fa Note of even date ese in be principal aeurt.of oe ), together with interest as pravickd in the Note ‘The property hereby mortgaged, are described below, includes improvements and fixtures now attached, together with easemarss, Maks lege, Interest ert ad polls, The ninmenterckr which Gh Marigngar mined te fe wch propery tx eared Book No, oat Page 1 inthe Office of the Recorder of SU County, State of Orie. TOHAVE AND TO HOLD dh sald property hercinafter descnbed with all the privalege ard appunerances thereunto belonging ‘unto Mortgages (ip successor and ausigy, [oreven ard Martgagors hereby covenart that Martgagors are seized of good and perfect tie to said property [c fee siorie and have authority to comey the seme thal the tile 50 conveyed is elem, free end wrerearbered except as hereivalter appears, and thet Mortgegors will foriver warrant ari! defend the samme uren Mortgage agalrat all clalive whatsoever except those prior ercurbrences, U any, Fereirafter shown, 1 Monge bal lly pestrmell utr wel condos of hs Move an dl py nl naccerdce vats ere, he obligations this Mortgage secures, then this Mortgpge ahall be rll, void and of ro further force and effect MORTGAGORS AGREE: To keep the mortgnged property, incluting the buildings ard improvements therecrt fully insured at all tomes agairot al! hazards with en ireurance company attonzed to do business in the State of Ohio acceptable to Mortgage, ntich policy shall conéaln o lass payable clause tn favor af Mortgngee as ts interest may oppenr, endif Mortgagors fail sa by do, dey Peceby aushosion Mortgagee i ineure oF renew insurance on seid property in a sun rot exceeding the arrourt of Mortgagor’ Indebladress for a period rot excondng tha term of such indebicdress, and 00 cfwrge Mortgagors with the premium thereon. of im odd such premium to Mortgagors’ todebteciess, 1 Mantgagee elects to waive such irmrarce, Morlgrgors agree ty be Cully respereible For derrage or loss resulting fram ey ‘caine whatsoever, Mortgngors agree that ary pura edvarced cr expereied by Mortgagee far the protection or prescruntion of the property shall be repsud upon demand and if rot se paid shall be secured hereby. Mortgagon Further agree. To pay all taxes, assessments, bills for repales and any ather experees ircidert ta the owrership of the rertgaged propery when due in order that no Jien vuperior to that of this Mortgere ard rot row existrg rey be created aguirst the propery cuzin the tem oF this Mortgrge, ard pay, whan dur, all trtalimenes of inuerest and prinelpal on accoure of any indebtedness which cray he secured by a Lien superior to the len of thls Margage ord existing on the date herec!, If Mortgagors fail to eee ary of the Coregoing payers, hey hereby authoriza Mortgage to pay the samme on their otal, ard to charge Mortgagors with the aminints <0 paid aching the same to Mongagony’ Inccbirdhess secured hereby. To exercise Gut siligerce in the operation, maragevere and cccujation of the mottgtged propety ard improverrents thereon ard rot to commlt or allow waste on de mortgaged premiscs and to keep Ux mortgaged property in its present ronchtion and repast, conmal end orckrury depreciation excepted Tf defnutt be made in the teints or conditions of the debt er debis hereby secured or ef any af the teres of this Mortgage, or In he of any iraallere when cue, oF if Moctgegors shall become bankrupt or (rsolvent, or troke an. asalgrerece for the beret of _sreciton, or have a receiver appointed, or should the trartgaged property of any part thereof be attached, levied upon or selaed, ar tf any of the repeesentabora, warranties or staternents of Mortgagurs herein ba Incorrect or if the Mortgagors chall abarcion the mortgaged property, or sell oF attempt to sell all oF any pan of the sare, then the whole amour herby secured shell, at Mortgagee’s opoon, become” inenecataly due apd payable, withast ectice or devand, arc shall be collectbte in a suf at law or by Foreclosure of ths Mortgage. In any case, regartess of such enforcement, Mortgagee shall ba ented to tha rreradiatr possession of the martgeged property with the rents snes, income ard profits therefrom with o: Wihaul foreclosure or offer proceedings. In the event of foreclosure of this Mortanzm, Mertgagos will pay to Mortgagee a reascrable fre far the search rade and prepurntion for such fomelomure, including expenses, foes, ard, (paymrers rade ta prevent or remove the In:position of lient or claim aguirat he property and cxpertses of upkeep ere! cepnis mada inorder (o place the same ina condttonto be sold. sama pe —. Exhibit A Lega! Description Fila Number; = 01-10152 SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE OF OHIO: YNOWN AS BEING LOT NUMBER EIGHTY.£IGHT (86) IN THE A.A. MOORES! PERRLESS ALLOTMENT, AS RECORDED IN PLAT BOOK 7, PAGE 36 OF THIS RECORD OF SUMMIT COINITY, OHIO. AXA: 49 197TH ST NW BARBERTON, onro 44203 PARCEL NO. 01-01235; RTH 280007704006000 ETL MBIA S28432, End Of Legal DescriptionCORY: » N@ failure on the patt of Morighgre to exertise any of is rights bereureer for default or breaches of coverand shall be construed to Prejudice Sts ghar In the event of ary other of pubsequent defaults or breches of coverant, and no delay on the pat of Mortgagre in exercising sry of such righ shall be conned ' prclicke It from the ceecriso thereof at ary time during the cortinaance of any such default or breach caverart, and Mottyaye my enforce any ane or more remedies hereunder sx cessively or conctrertly atta opslon AL rights and cbligatiore hereunder shall exterd to end be Birding upon the several belts, successors, exerusny, acrinistniecs and éSsigrs of the purtics hereto, . ‘The se of he words “Mortgage” and “Mertgages” thoughout dis egrersrent urcludks de slnguiar ard tha plural, the rrale; female arch revier orl shall be rosd as bis, hes, her or ts ex the case may be, ‘The real property hereby margagedis located in SUMMIT - Coury, Stata of Oho, and 4s desceibed as follows . Soe Exhibit A attached herets, incorporated hevein and mada a parthersot, ‘Tite w said property is clear free and unencwembered excepe NONE IN WITNESS WHEREOF, Moctyazors have execvied this Mortgage on the day above shown, ine? (BES Wien DoNaiS BcoTT wore Wine Meee Tis tratrament wes preparethy CLE PE Gnanei Re ACKNOWLEDGMENT BY INDIVIDUAL STATEOR ONO, CONTYO? Summit” 138 " m Notary Public ln and for said county and state, hereby exstly thaton this Gh day a 1 May 2002 + sbdomecpmonally mart Donald Booth . tore wel Seen fo be the orto indvichls) remedin end whe execu the within ard forging stores arctackrondedgedthat " gpedd secec ard dveredthe sure es fee at rd chee forthe uses pupcces ard coreideration therein eervdored. IN WITNESS HEREOF, | have herewetn set ary hard era atfined ary offical sal the sy she yoar aforesaid co Lamy Myers, Nowy Public Mycomaimegic: In and fore Sete of ObO pieary PuBUE \ Commision Expires lar. (4, 200 ATTESTATION BY WITNESSES STATE OP OHIO, COUNTY OF SUMMIT «88: Fersrally appr beer ar tt eeerigred aay Pit i ind forealdcomy. entitle, Donald Booth it 1 be sacrtrg Mca © te forage ntoument whoa persrally eown © s, sid whe, hang been by fist duly swam denise ae ty el they sewite wtittnremsd Donald Booth at shea nares) er sbsestbet he eregoletratacoert stpsard eves the narecn fe date therein erreurs nbd bre tres deine mene - 54698432 rr ews Swamy antrinaitedtetoreme this GER yo Mey 2002 - yee : ene see . SEBS Lary MY Public CEE syeowintn ES ) aerate ae ‘Roary Rate apy My Commission 14207 or nw Femuzean nascOROLD F10-04052 JCLJbk November 24, 2010 wot Shae PAGS QUI JAN 28 AK 9: 13 SUMAAT ¢ 7 ODUNTY CLERK OF COURTS IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO CitiMortgage, Inc. successor CASE NO. CV2010117469 w by merger to Citifinancial Mortgage Company, Inc. JUDGE Mary Margaret Rowlands ) ) ) ) Plaintiff ) i ) JUDGMENT ENTRY ~vs~ ) . ) Donald T. Booth aka Donald ) Booth, et al. ) ) Defendants ) THIS CAUSE was submitted to the Court and heard upon the Complaint for Foreclosure of the Plaintiff, and the pleadings. The Court finds that all necessary parties have been served with summons according to laws and are properly before the Gourt; that the Defendants, Donald T. -Booth aka Donald Booth, and Jane Doe, Unknown Spouse, if any, of Donald T. Booth aka’™ Donald Booth, are in default of Answer or other pleading andCOPY thereby confess the allegations of the Complaint to be true, and said Defendants are forever barred from asserting any right, title or interest in and to the hereinafter described premises. The Court finds that there is due the Treasurer of Summit County, Ohio, taxes, accrued taxes, assessments and penalties on the premises hereinafter described, as shown on the County Treasurer’s tax duplicate, the exact amount being unascertainable at the present time, but which amount will be ascertainable in accordance with Ohio Revised Code Section 323.47; which are a valid and subsisting first lien thereon for that amount so owing. The Court finds on the ‘evidence adduced that there is due the Plaintiff on the promissory note set forth in the First Count of the Complaint, the sum of $76,097.96, plus interest thereon at the rate of 9.84% per annum from April 25, 2010, for which sum, judgment is hereby rendered in favor of the Plaintiff against the Defendant, Donald T. Booth aka Donald Booth. The Court further finds that in order to secure the payment of the promissory note aforesaid, the Defendant, Donald T. Booth, unmarried, executed and delivered to CitiFinancial Mortgage Company Inc. their certain mortgage deed as in the Second" Count of said Complaint described, tNereby conveying to it the following described premises:COPY SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT “A”. Said premises also known as 49 19th Street NW, Barberton, Ohio PP# 0101235 That said mortgage was duly filed with the Recorder of Summit County on May 10, 2002, and was by him thereafter recorded in File No. 54698432 of the Mortgage Records of said County, and thereby became and is a valid first moxtgage lien upon said premises, subject only to the lien of the Treasurer for taxes; that said conditions in the mortgage deed have been broken, and the same has become absolute and the Plaintiff is entitled to have the equity of redemption and dower of the Defendants, Donald T. Booth aka Donald Booth, in and to the said premises foreclosed. Plaintiff has and will from time to time advance sums for taxes, insurance and property protection. The Plaintiff has the first and best lien for these amounts in addition to the amount set forth above. The Court makes no finding as to the amounts of the advances and continues same until the confirmation of sale,COPY It is therefore ORDERED, ADJUDGED, AND DECREED that unless the sums hereinabove found due, together with the costs of this action, be fully paid within three (3) days from the date of the entry of this decree, that equity of redemption and dower of the Defendants, Donald T. Bocth aka Donald Booth, in and to said premises shall be foreclosed, and said premises sold, and that the Plaintiff may issue an order of sale directed to the Sheriff of Summit County, directing him to appraise, advertise in a paper of general circulation within the County, and sell said premises as upon execution and according to law, free and clear of the interest of all parties to this -action. IT IS FURTHER ORDERED that the Sheriff, upon confirmation of said sale, shall pay from the proceeds of said sale, upon the claim found herein, the amounts thereof in the following order of priority: 1, To the Clerk of this Court, the costs of this action, including the fees of appraisers; 2. To the Treasurer of this County, the taxes and assessments, due and payable as of the date of transfer of the property after Sheriff's Sale; By To the Plaintiff, the sum of $76,097.96 with interest at the rate of 9.84% per annum from April 25, 2010 together with advances for taxes, insurance and amounts otherwise expended, plus costs.4. The balance of the sale proceeds, if any, shall be paid by the Sheriff to the Clerk of this Court to await further orders of this Court. The Court further finds that there is no just reason for delay. RECORD IS HEREBY ORDERED. Mary Margaret Rowlands, JUDGE APPROVED B -;- ARNOVITZ, CHERNEK & JEFFREY CO., L.P.A By: Ronald J. Chernek (# 0041431) Attorney for Plaintiff P.O. Box 968 Twinsburg, Ohio 44087 (330) 425-4201 Fax (330) 487-0923COPY P10-4617/ F10-04052 LEGAL DESCRIPTION Situated in the City of Barberton, County of Summit and State of Ohio: Known as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio. Page Lof 1MA HORRIGAN: august 19, 2012 F10-04052 i : i “1 PH 2:55 IN THE COURT OF COMMON PLEAS CitiMortgage, Inc. successor ) CASE NO. 2010 11 7469 by merger to Citifinancial ) Mortgage Company, inc. ) JUDGE Mary Margaret Rowlands ) Plaintiff ) JUDGMENT ENTRY CONFIRMING } SALE AND ~VS- ) ORDERING DISTRIBUTION ) Donald T. Booth aka ) Donald Booth, et al. } ) ) Defendants This day this cause came up on the motion of the Plaintiff and on the return of the Sheriff of his proceedings and sale made under former order of this Court; and the Court upon careful examination of the proceedings of said Sheriff being satisfied that the same have been made in all respects in conformity to law, and the orders of this Court, it is ordered hereby that the proceedings and sale be, and they are hereby approved and confirmed. The Court further finds that the purchaser, Plaintiff, CitiMortgage, Inc. successor by merger to Citifinancial Mortgage Company, Inc., has subsequently assigned its bid to CitiMortgage, Inc., whose tax mailing address is 1000 Technology Drive, O'Fallon, Missouri 63304, and that said written assignment has been delivered to the Sheriff and is hereby approved by the Court.IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Sheriff convey to the purchaser’s assignee, by deed according to law, the property sold, subject to all real estate taxes due; and the said purchaser’s assignee is hereby subrogated to all the xights of lienholders in said premises as far as they may be paid herein, for the protection of its title; and a writ of possession is hereby awarded to put the said purchaser’s assignee in possession of the premises. And the Court, coming now to distribute the proceeds of Said sale amount to $38,000.00, is ordered that the Sheriff is to pay out of the deposit $2,850.00 the following: FIRST: To the Clerk of Courts, the sum of $1,515.72 (which amount includes Sheriff's Deed) for Court Costs herein; SECOND: To the Summit County Fiscal office, the sum of $200.00 for the Educational fees; THIRD: To the Summit County Fiscal office, the sum of $761.75 for the pro-rated taxes (PP# 0101235) due herein; FOURTH: To the Treasurer of Summit County, the sum of $-0- for real estate taxes (PP# 0101235) through full year 2010; Real estate taxes will not be deducted from the sale deposit, but a separate check will be made payable to the Treasurer's office; FIFTH: To the Auditor of Summit County, the sum of $152.50 for the conveyance/transfer fees; SIXTH: To the Recorder of Summit County, the sum of $28.00 For the recording of the Sheriff's Deed;SEVENTH: To the Plaintiff, CitiMortgage, Inc. successor by merger to Citifinancial Mortgage Company, Inc., the balance of the proceeds of said sale of $35,342.03 to apply against the judgment heretofore rendered. The Court further orders the Clerk to issue a cancellation of the Plaintiff's mortgage, (see Exhibit “A” attached hereto for the legal description), recorded in Instrument Number 54698432, of the records of Summit County. Vine nf JUDGE RECORD IS HEREBY ORDERED. APPROVED BY: OVITZ, CHERNEK & JEFFREY CO., L.P.A. D J. CHERNEK (Reg. #0041431) ‘ STER COSTELLO (Reg. #0076112)P10-4617/ F10-04052 LEGAL DESCRIPTION Situated in the City of Barberton, County af Summit and State of Ohio: Known as being Lot Number Eighty Eight (88) in the A-A. Moores’ Peerless Allotment as recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio. OIOW’SDD OCBCOOTTOUOO WOOD UG CHD Sree NU boreerton Ort UU4203 Legal Description approved for Shariff's Sale by L Page Lof § EXHIBIT "A".(Page 1 of 2) . SHERIFF’S DEED a Revised Code § 2329.36 CASE# CV2010117469 I, Drew Alexander, Sheriff of Summit County, Ohio, pursuant to the Order of Sale entered on February 2, 2011, the Confirmation of Sale entered on September 1, 2014 and in consideration of the sum of ($38,000.00) ‘Thirty Eight Thousand and 06/100 dollars, the receipt whercof is hereby acknowledged, does hereby GRANT, SELL AND CONVEY unto CitiMortgage, Inc., 1000 Technology Drive, O'Fatlon Missouri 63304, all the rights, title and interest of the parties in Court of Common Pleas, Sunigit County, Ohio, Case Number CV2010117469, CitiMortgage, Inc. successor by merger to Citifinancial Mortgage Company, Inc. vs. Donald T, Booth aka Donald Booth et af., and all pleadings therein incorporated herein by reference in and to the following Lands and Tenements situated in the County of Summit AND State of Ohio, Known and described as follows, to-wit: SERCREE Hea Ree aber eR Ee ES EMER HEE SEE EXHIBIT “A” This deed does not reflect any restrictions, conditions or easements of record. Prior Owner: Donald T. Booth Prior Instrument Reference: _ File No. 54553378; Junc 4, 2001 of Summit County Records Executed this dayot Septembeot 12024 . Drew Alexander, Up Summit Coop Ohio I Of1 ) ¢ curtpl 2. {{ bf , Deputy Sheriff of Summit County, Ohio ‘aspresg wast ay STATE OF OHIO ) ) SS: = 2 COUNTY OF SUMMIT ) soe0CT ’ * = U1 Be in remembered, that on a )___ day of £20, . Before me, Clerk of Cammon Pleas Court in and for said Sa Oo County, personally appeared the within named __ Deputy Sheriff of by Summit County, Ohio and 8 = acknowledged rhe within conveyance to be histher voluntary act'and deed, as suid Deputy Sheriff we PS ow IN WITNESS WHEREOF, { have hereunto set my hand and Official 8g Lou} Seal the day and year aforesaid Daniel M. Horrigan, seal Clerk uf Common Pleas Court Summit County, Ohio By Ad EA Deputy Clerk This instrument was prepared by: REIMER, ARNOVITZ, CHERNEK & JEFFREY Co., L.P.A. LP SY/ 2450 Edison Blvd., Twinsburg, Ohio 44087 TRANSFERRED IN COMPLIANCE WITH September 12, 2012 SEC.319.202 REV. CODE F10-04052 $7E pean $ 52.00 FEE Consideration Q KRISTEN M. SCALISE CPA, CFE By. FISCAL OFFICER Deputy Fiscal Officer No. of pagas_cot~@age 2 of 2) ' ’ P10-4617/ F10-04052 LEGAL DESCRIPTION Situated in the City of Barberton, County of Summit and State of Ohio: Known as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio. O1IOIZSS —— CBCOOTTOUOOWADO UG ICH Street Nu) boreerton ot UUL203 iption approved by Tae} Descrij tion approved vi" panies govd tor By dave from “ofiedie. Qe sl 11. ; x z a a 5 $ o $ £ E 2 i = 2 8 — — == I 2 => 5 nar Yn So rd) nN a 88 & 8Yo ve Consideration 2, KRISTE’! M, SCALISE CPA, CEE By. FISCAL OFFICER, Depuly Fiscal Officer ** Description approved by Tax Maps Approval good for 30 7 CN11020153 Special Warranty Deed This Deed is from CitiMortgage, Inc., a corporation organized and existing under the laws of the State of DE ("Grantor"), to Amanda Simmons, ("Grantee") For value received, Grantor hereby grants, remises, aliens and conveys unto Grantee, and to Grantee's heirs and assign forever, but without recourse, representation or warranty, except as expressed herein, al! of grantor’s right, title and interest in and to that certain tract or parcel of land commonly known as 49 19th Street, Barberton, OH 44203 and situated in the City of Barberton, County of Summit, State of Ohio, described as follows (the “Premises"): SEE EXHIBIT “A' WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN. Subject (o easements and restrictions of record Permanent Parcel #: 0101235 Map Routing #: 080007704006000 d Tax Mailing Address: P.O. Box 63 Wadsworth, OH 44282 i Prior Instrument Reference: Instrument #55810038 of the Deed Records of Summit County, Ohio. And Grantor, for itself and its successors does covenant, promise and agree, to and with Grantee, Grantee's heirs and assigns, thal Grantor has not done or caused anything whereby the Premises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited; and that Grantor will specially warrant title to the Premises, against all persons lawfully claiming or who may claim the same, by, through MUNN SMU iseal 55834324 38.00 SherhaBie e 08; 140iy Dated this 47 day ot Patudel pros . STATE COUNTY OF CitiMortgage, Ine, by National Default REO Services, LLC, a Delaware Limited Liability Company, dba First American Assct Closing Services as Attorney jn Facet, Sandra Taylor POACIngbgim gat Number $5701799 BE IT REMEMBERED, That on this /7_ day ot fit Leaps 2 before me, the subscriber, a Notary Public in and for said CoGfity and State’ personally came, lox_(name), Services, LLC, 2 Delaware Limited Liability Company, dba First American Asset Closing Services as Attorney in Fact for CitiMortgage, Inc, the Grantor in the foregoing Deed, and acknowledged the signing thercof to be his/her voluntary act and deed and the voluntary act and deed on behalf of the corporation. {title) of National Default REO IN TESTIMONY THEREOF, | have hereunto subscribed my name and affixed my Official seat on the day and year last aforesaid. This instrament was prepared by: Lerner, Sampson & Rothfiuss 120 East Fourth Street Cincinnati, OH 45202 fi BX SH Kristen Scalise, Summit Co Flacal Office ax POP pee WIC MALE his, NICOLE DALRYMPLE-HALL fi Soe ee eter of foxes Ag My Commission Expires tI January 26, 2036 ee il | lit | || | Feta Par 2 of 3 91/27/2012 9B: 149 OE 36.00 | |EXHIBIT "A" Situated in the City of Barberton, County of Summit and State of Ohio: Known as being Lot Number Eighty-Eight (88) in the A.A, Moore's Peerless Allotment, as recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio. Parcel No; 01-01235 Map Routing #: 080007704006000 inTitte Agency, Inc. 120 & 4th Strect, 2nd Floor Cinelnnati, OH 45202 (813) 241-8760 55834324 PixirSie $8 gr GE ANN Kristen Scalise, Summit(page i of 3) F10-04052 woe DAH/mls HIS 739 TRANSFERRED IN COMPLIANCE WITH » SEC.319.202 E CODE $ Consideration KRISTEN M. SCALISE GPA,CFE @y, FISCAL OFFICER: Deputy Fiscal Otticer es IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO CitiMortgage, Inc. successor Case No. CV2010217469 ‘by merger to Citifinancial Mortgage Company, Inc. Judge Mary Margaret Rowlands ) ) ) ) Plaintiff, ) ORDER GRANTING MOTION TO ) VACATE DEED, VACATE ENTRY vs. } CONFIRMING SALE, VACATE SALE } AND VACATE JUDGMENT ENTRY ) FILEO JANUARY 28, 2011 Donald T. Booth aka ) Donald Booth, et al. ) EXHIBIT ) ) Defendants THIS CAUSE came on to be heard upon the Motion of Plaintiff to vacate the Deed recorded in Volume Reception No. 35810038, vacate the Entry Confirming Sale, vacate sale and vacate the judgment entry filed January 28, 2011. The Court finds that the Motion is well taken and it is, therefore, the ORDER of this Court that the transfer and Conveyance of the property by Sheriff‘s Deed recorded in Volume Reception No. 558100389 shall and is hereby vacated and set aside, the Entry Confirming Sale be vacated, the sale be vacated 99902725 and to vacate the judgment entry filed January 28, 2011. A t8z0h28'2 9 aaa APN Scalise, Summit Co Fiscal Office(age 2 of 4) . certified copy of this Order shall be accepted by the Recorder and Auditor to set aside said Deed. All other Orders and judgments shall remain in full force and effect. Date Judge Mary Margaret Rowlands APPROVED BY: Douglas A. Haessig #0079200 Reimer, Arnovitz, Chernek & Jeffrey Ca., L.P.A. { certify this P.O. Box 968 Danie 2450 Edison Blvd. Twinsburg, QOH 44087 Phone: (330) 425-4201 Fax: (330) 487-0923 dhaessig@reimerlaw.com COpy of the origi of Counts, ‘na Deputy SITTIN ees Sunmit Co Fiscal Office?(Page 3 of 4) P10-4617/ F10-04052 LEGAL DESCRIPTION Situated in the City of Barberton, County of Summit and State of Obio: Known as being Lot Number Eighty Eight (88) in the A.A. Moores’ Peerless Allotment as recorded in Plat Book 7, Page 35 of the records of Summit County, Ohio. ClO IZAS CECOOTICHOOCOOO UC. CHa Street NU boreertun GH UU20% Legal Description approved tor Sheriff's Sete by 55902725 "828 Bho 1Azp mIse 42.00 QR Page Lof 1rage L of 2) we? $590 TRANSFERRE! TRA RE D IN COMPLIANCE WITH NSFERRED Sonal § CP pee QIZAPR26 PH 1:30 Consideration KRISTEN M. SCALISE ———. FISCAL OFFICER OFF witli _ we ‘oon ia] Description approved by T- Approval good for $5. fat [a01% Mae. Ef70 QUIT-CLAIM pee The Grantor, Donald T. Booth aka Donald Booth, divorced and not re-married, whose address is 309 South 22™ Street, Altoona, PA 16602, for the full consideration of one dollar and other valuable consideration, conveys to the Grantee, Amanda Simmons, whose tax mailing address is PO Box 63, Wadsworth, OH 44282, any and all interest whatsoever in the following described premises located in the City of Barberton, County of Summit, State of Ohio and being more particularly described as: City of Barberton, County of Summit, State of Ohio: Known as being Lot Number Eighty-Eight (88) in the A.A. Moore’s Peerless Allotment, as recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio. PPN#: 01-01235 OE 00070 YOOE, Prior Deed: 55834324 IN WITNESS WHEREOF, that Donald T. Booth aka Donald Booth, an unmarried man, has caused this deed to be executed on this_20 day of _Uarch. » 2013. T. Booth aka Donald Booth 55950476 6/2013 4s: 12P | Bb a3 a8 PAU Kristen Scalise, Summit Co Fiscal 0} MMIwage e¢ Ok 4) STATE OF _Pennsy vonia COUNTY OF _ Biaic Before me, a Notary Public, did personally appear Donald T. Booth aka Donald Booth, who acknowledged before me the execution of this Deed on this 20 day of Hac 2013 in the capacity so indicated. bit Prepared by: David 5.. Van Slyke, PLUNKETT COONEY, 300 E, Broad St, Suite $90, Columbus, OH 43215 Open.17487.30535.12702261-1 ees wee lise, Sumit Covage 1 of 2) hy snmaren oh Gescey SEC, 319.202 REV. CODE COMPLIED WITH Ceelm pte : Consideration KRISTEN M. SCALISE CPA, CFE By shite - Deseri; FISCAL OFFICER Deputy Fi Fiscal Officer, iption approved By Tax ita, s Noe _—- val good for 36 days on oe OU §/% Helyfooss TRANSFER NOT NECESSARY . . 2H2 KRISTEN M. SCALISE CPA, CFE, FISCAL OFFICER QUIT-CLAIM DEED The Grantor, CitiMortgage, Inc., a Delaware corporation, whose address is 1000 Technology Drive, O'Fallon, Missouri, 63304, for the full consideration of one dollar and other valuable consideration, conveys to the Grantee, Amanda Simmons, whose tax mailing address is PO Box 63, Wadsworth, OH 44282, without recourse, representation. or warranty of any kind, any and all interest whatsoever in the following described premises located in the City of Barberton, County of Summit, State of Ohio and being more particularly described as: City of Barberton, County of Summit, State of Ohio: Known as being Lot Number Eighty-Eight (88) in the A.A. Moore’s Peerless Alloument, as recorded in Plat Book 7, Page 35 of the Records of Summit County, Ohio. PPNA = 01-01238 OF -LOOT7 OF COle Prior Deed: 55834324 IN WITNESS WHEREOF, that CitiMortgage, Inc. has caused this deed to be executed on this Lf day of Cpa. l , 2013. i EXHIBIT CitiMorgage, Inc. ” q oo oy Aut aude!) Name: Susan A. Wood Title: Vice President IE 55950477 PAU eee Fienal ners De 26.00ge 2 of 2) STATE OF MisSOURt COUNTY OF ____ St CHARLES The foregoing instrument was acknowledged before me this iL day of 2045, by SuGKn feet oarl (name), Lice Presid oud — title) of CitiMortgage, Inc., a Delaware corporation, on behalf of such corporation. Oo DIANE K. EOFF Notar Public Notary Seal Si Charles Gourty jotary Publi Commsasion #08857304 My Commeaion Expres August 20,2013 This instrument prepared in its unexecuted format without benefit of titfe exam by Nathan H. Blaske, Esq., Graydon Head & Ritchey LLP, 1900 Fifth Thicd Center, 511 Walnut Street, Cincinnati, Ohio 45202. Hal fo: Davie Len Se wo Evd Broa, Sok STO Cound OW 43217 41271341 55950477 Pe; Jaz f @3:42P O13 be” 28.90 IMM Co Fiscal Orfice”