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  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
  • AMANDA SIMMONS VS DONALD T BOOTH DECLARATORY JUDGMENT document preview
						
                                

Preview

ELM, HORRIGAN 23 FER 28 ALLE 10 ouiMiATT COUNT CLERK OF CS cht UE IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO AMANDA SIMMONS PO Box 63 Wadsworth, OH 44282 Plaintiff, v. DONALD T. BOOTH aka DONALD BOOTH 309 South 22™ Street Altoona, PA 16602 -and- JANE DOE, UNKNOWN SPOUSE OF DONALD T. BOOTH aka DONALD BOOTH 309 South 22™ Street Altoona, PA 16602 -and- CITIMORTGAGE, INC. 1000 Technology Drive O'Fallon, MO 63304 ” Defendants. gou3 03 1220 Case Noll Judge ASSIGNED TO JUDGE ‘STORMER COMPLAINT FOR DECLARATORY JUDGMENT AND QUIET TITLEPlaintiff Amanda Simmons, by and through undersigned counsel, for her Complaint for Declaratory Judgment and Quiet Title against Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth and CitiMortgage, Inc., states as follows: 1. Defendant Donald T. Booth aka Donald Booth is the former owner of real property commonly known as 49 19" Street, Barberton, Ohio (“subject property”), having acquired the entire fee simple interest in said property via General Warranty Deed filed for record as Summit County Inst. No. 54553378. A true and accurate copy of the General Warranty Deed is attached hereto as Exhibit A. 2. On or about November 4, 2010, Defendant CitiMortgage, Inc. commenced Summit County Case No. CV 2010 11 7469, styled CitiMortgage, Inc. v. Donald T. Booth aka Donald Booth, et al. (“Foreclosure Case”), seeking judgment on a certain promissory note and foreclosure of the subject property. A true and accurate copy of the Complaint is attached hereto as Exhibit B. , 3. In the Foreclosure Case, Defendants Donald T. Booth aka Donald Booth and Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth were served with process via FedEx and/or other commercial carrier service prior to adoption of amended Civ. R. 4.1 on July 1, 2012. 4. On or about January 28, 2011, the Court in the Foreclosure Case entered a Judgment Entry purporting to foreclose any/all interest of Defendants Donald T. Booth aka Donald Booth and Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth in the subject property. A true and accurate copy of the Judgment Entry is attached hereto as Exhibit C.5. Defendant CitiMortgage, Inc. was the successful bidder at sheriffs sale. A true and accurate copy of the Return of Order of Sale is attached hereto as Exhibit D. 6. On or about September 1, 2011, the Court in the Foreclosure Case entered a Judgment Entry Confirming Sale and Order Distribution that ordered the execution and delivery of a Sheriff's Deed to Defendant CitiMortgage, Inc. A true and accurate copy of the Judgment Entry Confirming Sale and Order Distribution is attached hereto as Exhibit E. 7. On or about October 13, 2011, a Sheriff's Deed from Drew Alexander, Sheriff of Summit County, Ohio, conveying the subject property to Defendant CitiMortgage, Inc. was recorded as Summit County Inst. No. 55810038. A true and accurate copy of the Sheriff's Deed is attached hereto as Exhibit F. 8. Shortly after recordation of the Sheriff's Deed, Plaintiff Amanda Simmons agreed to purchase the subject property from Defendant CitiMortgage, Inc. 9. On or about January 17, 2012, Defendant CitiMortgage, Inc., executed and delivered a Special Warranty Deed to Plaintiff Amanda Simmons, said Special Warranty Deed being filed for record as Summit County Inst. No. 55834324. A true and accurate copy of the Special Warranty Deed is attached hereto as Exhibit G. 10. On or about October 25, 2012, the Court in the Foreclosure Case entered an Order vacating the Judgment Entry Confirming Sale and Order Distribution, vacating the Sheriff's Sale and vacating the January 28, 2011 Judgment Entry. A true and accurate copy of the Order is attached hereto as Exhibit H. 11. Plaintiff Amanda Simmons is an actual and/or constructive possession of the subject property under color of title via the Special Warranty Deed.12. Plaintiff Amanda Simmons has an equitable interest in the subject property. 13. Plaintiff Amanda Simmons has no adequate remedy at law. 14, Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of Donald T, Booth aka Donald Booth and CitiMortgage, Inc. may have or claim to have an interest in the subject property that is adverse to Plaintiff Amanda Simmons. 1S, Plaintiff Amanda Simmons is entitled to a declaratory judgment quieting the interest of Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth and CitiMortgage, Inc. relative to the subject property, or, in the alternative, is entilled pursuant to R.C. Section 2329.46 to step into the shoes of Defendant CitiMortgage as against any/all interest that Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth and/or CitiMortgage, Inc. have or claim to have in the subject property. WHEREFORE, Plaintiff Amanda Simmons respectfully demands a declaratory judgment quieting the interest of Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth and CitiMortgage, Inc. relative to the subject property, or, in the alternative, a declaratory judgment pursuant to R.C. Section 2329.46 that Plaintiff be entitled to step into the shoes of Defendant CitiMortgage as against any/all interest that Defendants Donald T. Booth aka Donald Booth; Jane Doe, Unknown Spouse of Donald T. Booth aka Donald Booth and/or CitiMortgage, Inc. have or claim to have in the subject property, together with all other telief, legal and equitable, that Plaintiff is entitled.Open.17487.30535, 12639620-1 Respectfully Submitted, PLUNKETT COONEY Amelia. Bower (0013474) David Van Slyke (0077721) 300 East Broad Street, Suite 590 Columbus, Ohio 43215 614/629-3000; 614/629-3019 fax abower@plunkettcooney.com dvanslyke@plunkettcooney.com(Page 1 of 1) AMERICA'S CHOICE TITLE AGENCY, we. 3205 BRETTON ST. NW NORTH CANTON, OH 44720 GENERAL WARRANTY DEED See 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 covenants ,to DON: T. BOOTH, whose tax-mailing address ia SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE OF OHIO: ACTA # AS 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. eed \ C 3 “Opp Hs 01-01235 je) Yo. GORY #s 080007704006000 TRANSFERRED IN COMPLIANCE WITH . __ SEC. 319.202 REV. CODE SS PRIOR REFERENCE NUMBER: VOLUME 5427, PAGE B93¢ 5 7000.0 | Aap-cd } - FEE \q Witness our hands this 257 day of May, 2001 FRANK WILLIAMS ator / County Auditor Qeptiy Attar SS signed & acknowledged Ss Zz oS i ! ° A APET DONALD BOOTH 453976 ebFeesze0) 1p:268 State of OHO, STARK County, 35 MET eee ee ee omer oF i400) 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. EXHIBITCOPY’ . Barberton, SANEL M. HOBRIGAN 2O10HOV i) AMIN: 26 SUMMIT COUNTY CLERK OF COURTS F10-04052 RJC/jbk 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 Ohio 44203 Also serve at: 305 Beamer Drive Duncansville, 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 FIRST 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 all of the allegations contained in its first count, and 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 #0101235,CORY" 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 “By”, 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 er claim to have an interest in the premises. WHEREFORE 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, andCORY 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. a 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.COPY: , : 7. EXHIBIT A NOTE LENDER: BORROWER: Ll . DONALD BOOTH flog 49 19TH ST CitiFinancial Morigage Company, inc. BARBERTON, OH 44203 3 Summitt Park Orive, Suite 125 : Independence, Ohio 44131-2582 TOR BATE FARCPAT TRTGRTY EXE AND Fiat Parvin OATE 05062 $81,700.00 95/25/32 ; “1” "me" and “my” refer to the borrawer(s) named above. “Yau" and “your* refer to the lender named above. REPAYMENT —_| promise to pay you, at your office, the address of which is shown above, or at 2 different place if required by | you, the Peincipal sind above logetter wit interest calculated at te Agroed Rats af Interest shown belew ust fully paid. | will repay my foan by making the monthly payment set forth in the Payment Schedule below. Payments will be made on the same date of every month beginning on the first payment date unti the loan is fully paid. If there is No Such date in any month that follows, payment will be made on the last day of that month, My monthly payments will be applied to interest before principal. If| stl! owe amounts under this Note on the Maturity Date, Iwill pay those arrounts in fullon that date. Payments) in the amount(s) shown below will be due manthly as shown below. AMOUNT... same DWE, DATE(S)... ees ____ Beginning. 0828/2002 _, RIAL —— Beginning __N/A BIA Beginning NA BIA —_— Beginning___NIA Allamounts owed will be due and payable on the Final Payrent Date shown above. My loan is payable In full at the end of 30 year(s). A payment of $ and all other amounts owed will be due and payable on the Final Payrent Date shawn above, AGREED RATE — The Agreed Rate of Interest an my loan is 9.840 % exceptas stated below. OF INTEREST OD itthis 00x is checked, the following pravision epplies. From the effective date(s) shown below and for monihs thereatter, the Agreed Rate of Interest on my Joan wil be: AGREED RATE OF INTEREST EFFECTIVE DATE _ % Beginning _O5/5°2002__ % Beginning NIA % Beginning___NA___, ‘Then the Agreed Rate of Interest will be that tirst stated above. agree to pay interest on the principal balance recraining after the Maturity Date shown above at the Agreed | Rate of interest in etfect on that date, untl the Joan is paid in full, DEFAULT | will be ia cefautt if | fail to pay any payment or part of a payment on time or if | fail to comply with any of the lems of the Real Estate Mortgage on the real estate given as security for this loan. It delault, you have the eight to declare the entre unpaid amaunt of my loan imerediate'y due and payable without giving me notice of the default or asking me to pay. If you daciare the belance c! my loan cue and payable, you have the rights and remedies provided far in the Real Estate Mortgage tha: secures this loan, including the right to require me to pay any deficiency. ' LATE a payments not paid in full within ten (30) days of its due date, | will pay you @ late charg> equal to five (5%) CHARGES: parcent of the late payrnent or $15.00, whichever is greater. PREPAYMENT Ihave the right to make prepayments of principal at any time, When | make a prepayment i will ell you on my - payment coupon. All prepaycrents wil be apalied tp applicable charges with the rerrainder to principal. t] make 2 princigal prepayment there will be no changes in the due cates or changes to the amount of my monthly Bayer uriess you agree in walingt tose delays or changes, I! repay In ul, no parce loan fee wie refunded. -\Z Page 1 of 2 NOTICE: See additional pages for additional loan terms. rem 28246u1 (0198) aysCOPY’ PREPAYMENT PENALTY BAD CHECK CHARGE, DELAY IN ENFORCEMENT SECURITY FOR THIS LOAN ARBITRATION: 1 this box ts checked, the following provision qppiles. if this box Is not checked, | have contracted with lender for an Increased agreed rate of interest and no prepayment penalty te prepay this loan in ull prior fo tee years afer the date of the Toan, | agree to pay a prepayment penalty as lows: . 3% of the original principal amount if prepaid prior ty one year after the date of the loan; 2% of the original principal ammount if prepaid fromone year but prigr to two years after tke date of the loan; 1% of te orginal principal amount prepeld trom two years but ror to three years sf the dete a be ani However, the prepayment penalty will not be charged if! prepay the joan in full with the proceeds of another foan from you o7 one cf your affdiates, ft the loan is paid in full as a result of the sale of the real estate that secures the foan, or If the loan is paid In full with the proceeds of life insurance insuring one or more ol the Borrowers, or insurance that covers loss, carnage, or destruction of the real estate that secures the foan. If any check or other insturnent given as payment on this intebtedness is dishonored, | agree to pay a service charge of $20.00 plus any amount you are charged by a bank or other depository insttution for the retum of any such unpaid or dishonored insgurrent. ‘You can delay enforcing your rights under this Note without losing them if! delault in complying with any of the terms of my foan and you do not deciare the ioan balance Immediately cue and payable, this does netmeen you cannotdo so in the future if default again. I give you a Real Estate Mortgage dated the sarre date as this Note to assure payment of my loan. The Real Estate Mortgage covers my realestate at 49 19TH ST, BARBERTON, OH 44203 ‘The parties have on this date entered into a separate Arbitation Agreement, the terms of which are incorporalsd herein and made part hereof by reference. The Federal Altematve Mortgage Transaction Parity Act of 1982 and the Federal Depository Institutions Deregulation and Monetary Control Act of 1980 govem the provisions of this loan with respect to the interest rate, the loan lee, and the final balloon payrent and preempt any state laws regulating these provisions. BY SIGNING IN THE SPACE BELOW, | ACKNOWLEDGE THAT | HAVE RECEIVED A FULLY COMPLETED COPY OF THIS NOTE, BF op x Dons) Boa ws Zor Mia GF Witn@iGNALD BOOTH I7eM 251asL2 (0705) Witness Page 2 of 2 NOTICE: See additional pages for additional loan terms. ‘vars Date Datecopy 8 “EXHIBIT B., MIRPICA'S CHOICE TITLE AGENCY, nol f 2755 PRETTON STREET NW “UPANTOM OHIO 44720 Ol- IOISv GAdP-sT za IVT MONIAN Be838492 REAL ESTATE MORTGAGE ‘This mortgage made on05/08i02 between DONALD. BOOTH , (LA Mer rizO whose address ip 49 19TH ST, BARBERTON. OK 44203 ’ herein referred to as MORTGAGORS andeltFinancial Morigage Company, Inc. whose address is 3 Summit Park Drive, Suite 125, independence, Ohio 44131-2587 Feein referred to 08 MORTGAGEE. WITNESSETH Mortgagors joindy arc severally grore, bargain, sell, cormey and mortgage t Morigagee, its successars and aastans, shoal popes ever ecb om ry Lr te pyrene of Now fevers how in pve amo of 6 }, together with interest as provided in the Note. The property hereby mortgaged. ard described below, includes improvements and fixtures now atached, together with ensemarts, rights, privileges, Inierests. rents, and profits. The instrament under which the Mortgepors dbtained title i such propery ts recorded In Book No, at Page «in the Office of the Recorder of SUMMIT County, Sate of Cho. TO HAVE AND TO HOLD the sald propery Feveinafter described with all the privileges ard eppurtenances thereuro belonging mio Mortgagte, ft successors and assigre, forever, ard Mortgngors hereky covenant that Mertgagors are seized of good and perfect tte to said property Ia fee simple and have authority to convey the same, thet the bie 30 comreyed is clens, free and urenctarbered except ms _ ereiralter appears, and that Mortgegors wll fonwver warrart ani! defend the sare urin Mortgage against all claire wiatsoever except those prior ercunrbrarces, Uf any, hereirefter shown. u ors shall fully perform all the terms ard conditions of this Mortgage ard shall pay in full, In accordance with its tenes, the obiigations which this Mortgage secures, then this Mortgage ahail be mul, void and of ro further farce and effect MORTGAGORS AGREE: To keep the mortgaged property, including the buildings ard improvements thereon. fully insured at all ‘icres agairet all hazards with an insurance company authorized to do business in the State of Ohio accepsable to Mortgagee, which policy stall contain a loss-payable clause in favor of Mortgage as its interest may appear, end if Mortgagors fail so tn do, they hezeby authorize Mortgagee bo Insure or renew irourarce on said property in 4 sur not exceeding the amount of Mortgagors’ irclebtecress for a period not exceeding the term of such indebiedness, ard to charge Mortyagors with the premium theron. or to add swh premium te Mortgagors’ indebredtress, Uf Mortgages elects is waive such irsurerce, Mortgagors agree to be fully responsible for damage or lass resulting fram ary cause whatsoever, Mortgagors agree that any sure advanced cr expended by Mortgagee for the protection or preservation of the property ahll be repaid upon errand and if not so paid shall be secured hereby. Mortgagors further agree. To pay ali taxes, assessments, tills for repairs and any other expenses incident to the ownership of the rortgaged property when dus in order that no lien superior ty that of this Morgoge are! rot row existing may be created against the property during ihe term oF this Morigage, and pay, when due, all irwtallorenis of ingerest and prineipa! on account of any indebtedness which ray be secured by a Lien superior to the lien of this Mortgage and existing on the date hereof, If Martgagors fail to rake ary of the foregoing payments, they hereby authorize Martgagre to pay the same on their boobalf, ard to charge Mortgagors with the arrounts so paid, ackiing the sare to Mongago:s’ Incbtedness secured hereby. To exercise due diligerce in the operation, traragarert and occupation of the mortgaged property end imrgroverrents thereon and rot to commit ar allow: waste on the mortgaged premises, and to keep the mortgaged property in its presert condition and repair, normal and ondinaxy depreciation excepted Te defnule be made in the teres oF conditions of the debt or debts hereby secured or of any of the terms of this Mortgage, or in the paytrent of any installment when due, or if Mortgagors shal! becotre bankrupt or insolvent, or meke on assigrmert for the benefit of “Frodo, or have a mceiver appoired or should te orangedt property ox ay Fat rere be alached levied upon or sean or wy of the representations, wananties or statements of Martgagors herein be incorrect or if the Mortgagors shall abersion the mostgaged property, cor sell of atiemgt io sell oll or any par of th sare, then the whole amowy hemby secured shell, at Martgagee's option, become imeeedtately due and payable, without rotice of derrard, are shall be collectible in w st at law or by foreclosure of this Mortgage. In any cece, reguitiess of such enforcement, Mertgagse shall be ersed to the imenediam prasession of the me:tynged property with the rents, issues, income and profits therefrom, with or Without foreclosure or other procendings. fn the evert of foreclosure of this Mortgage, Mortgngor will pay to Mortgagre a reasoruble fee for the search rrade and preparation for such foreclosure, including experses, fees, ard payments made to prevent cr remove the imposition of liens cr claim against the property and experses of upkeep and repair race in order to place te same ina condition be sold. SD weve oomExhibit A Legal Description File Number: 01-10152 SITUATED IN THE CITY OF BARBERTON, COUNTY OF SUMMIT AND STATE OF OHIO: WOIOWN AS BEING LOT NUMBER EIGHTY-ZIGHT (83) IN THE A.A. MOORES’ PEERLESS ALLOTMENT, AS RECORDED IN PLAT BOOK 7, PAGE 36 OF THIS RECORD OF SUMMIT COUNTY, OHIO AKA; 49 19TH ST NW BARBERTON, OHIO 44203 PARCEL NO. 01-01235; RTH 08000770a006000 §4698432 Pr ae2 sen OAM End Of Legai DescriptionCOPY: » + NO failure on the purt of Mortgagre to exercise any of its rights hereunder for defaults or breaches of coverart shall be corsizued to Prejudice ss rights In the event of any other or Fubeeqvent defaults or breaches of coverurt, and no delay on the part of Morgagee in ‘exercising any of such rights shall be continued ® preclude It from the exercise thereof at any time dining the cortinunrece of ary sich default or bachof coverert, and Mortgagee may enforce any ore or mare remedies hereunder successively ox concurrently at its option. All rights and obligations hereurder sell extend im ard be binding upon the several fei, sucesso, exacutom, adkinistaoes ard assiga of the parties hereto, ‘The use of the words “Mortgagors” and “Mortgages” throughout this egreerremt includes the singular and the piural, the male, female and revter and shall be road as his, hes, their or its £5 the case ray be, ‘The rea} property hereby mortgaged is located in SUMMIT : Conmty, State of Ohio, and is described as fellows: ‘See Exhibit A attached herets, incorporated herein and made a part hereo!. Tide to said property is cle, free and unencumbered except NONE IN WITNESS WHERECF, Mortgagorg have executed this Mortyage on Ee day above shown, spe? BS wines BONALO BOOTIT a moe Thieme ee repaedty CIT ane al ACKNOWLEDGMENT BY INDIVIDUAL STATE OF OHO, COUNTY OF = Summit 4 ay Fb tw fer ad uy and a heey cry ton 6th ayer May 2002 ‘before ere persorully appeared Donald Booth : Nore wel krctn 0 be the erica nev) named in end who executed the within ee foregoing esto srclackrowledged tut "sige waled ard deivendiesre as fre act ard dood fr fe uses pupenes and ccralderation therein werviored IN WITNESS HEREOF, | have hereurtn set my hard wraialfixed ary oificial sal the day aint yon aforesaid 6b Fo px tyers, Notary Pubtie ee Mycommisimeries Tae erie Sr of Ob ‘Notary Publ \ My Comino ‘Rapires Jae. +4, 200 ATTESTATION BY WITNESSES. STATE OF CHIO, COUNTY CF SUMMIT 38: Fervor spear! before me, the under greet a Nowy Public In andforasldcony, adsl Donald Booth ad the suecatbing weston t che foregoing inetranet, who are personaly krown oer, cul who, having been by wr fst chy swear, depuse ane ay that they swihewihinremed Donald Booth mt whose narre() are subscribe io te foregoing fretnarent, stg ar ceiver the ssare onthe de therein trertioned and that they, these effants, subscribed their nlsres a3 wilness thereto in the presence of s2id, ad wl 54698432 GEN TULARE ‘SUNMIT CO aud) Witness Swam to and nubecribed befor me this 6 th sycl May 2002 - wae a : maa fo se 4 tnend for: ory Rak ‘ Ce on ao ey / wren Zagse12 201) nase Larry Myers, NotaryCOROLD F10-04052 November 24, 2010 dU JAN 28 AN 9: 13 SUMMIT COUNTY CLERK OF COURTS IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO CitiMertgage, Inc. successor CASE NO. CV2010117469 Y by merger to Citifinancial Mortgage Company, Inc. JUDGE Mary Margaret Rowlands Plaintiff JUDGMENT ENTRY Donald T. Booth aka Donald ) ) ) ) ) . ) “Vs~ ) ) ) 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 Court; 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 ox other pleading and | ¥COPY 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, thereby 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 mortgage 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. Booth 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 1S FURTHER ORDERED that the Sheriff, upon confirmation of said sale, shall pay from the proceeds of said saie, 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; 3. 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.COPY 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 BY+ REIMER;-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 Fight (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 |ORDER OF SALE REVISED CODE, SEC. 2329.09-17-53 #201 1-0385 CV 2010 41 7469 a THE STATE OF OHIO, SUMMIT COUNTY. COMMON PLEAS COURT TO THE SHERIFF OF SAID COUNTY: SUMMIT WHEREAS, AT A TERM OF THECOMMON PLEAS COURT, HELD AT THE COURT HOUSE IN AND FOR SAID COUNTY, ON THE 26TH DAY OF JANUARY A.D. 2011 CITIMORTGAGE, INC. OBTAINED A JUDGMENT AND DECREE AGAINST DONALD T. BOOTH AKA DONALD BOOTH FOR THE SUM OF $76,097.96 ETC. DOLLARS, AND (SEE CLERK) DOLLARS, COSTS OF SUIT, INCASENO. ey 2010117469 AND WHEREAS, IT WAS THEN AND THERE BY SAID COURT ORDERED, ADJUDGED AND DECREED THAT THE SAID DONALD T. BOOTH AKA DONALD BOOTH WITHIN, THREE DAYSFROMTHE 28TH DAY OF JANUARY , 2011, PAY UNTO THE SAID CITIMORTGAGE, INC. THE SAID SUMOF $76,097.96 DOLLARS, WITH INTEREST AT 9.84 PERCENTFROMTHE 25TH DAYOF APRIL 2010 AND COST AFORESAID; AND UPON DEFAULT TO PAY THE SAME, THAT AN ORDER OF SALE !SSUE TO THE SHERIFF OF SAID COUNTY, COMMANDING HIM TO PROCEED ACCORDING TO THE STATUTES REGULATING JUDGMENTS AND EXECUTIONS AT LAW, TO SELL THE REAL ESTATE DESCRIBED SN THE PLAINTIFF'S PETITION, ETC. AND WHEREAS, THE THREE DAYS AFORESAID HAVE FULLY EXPIRED, AND THE SAID JUDGMENTS AND COSTS AFORESAID HAVE NOT BEEN PAID, OR ANY PART THEREOF, AS APPEARS TO US OF RECORD: EXHIBITWE THEREFORE COMMAND YOU, THAT YOU PROCEED WITHOUT DELAY TO APPRAISE, ADVERTISE AND SELL, ACCORDING TO THE STATUTES REGULATING JUDGMENTS AND EXECUTION AT LAW, THE FOLLOWING DESCRIBED LANDS AND TENEMENTS, SITUATE IN SUMMIT COUNTY, OHIO TO WIT: AKA 49 19TH STREET NORTHWEST BARBERTON OHIO 44203 ADVERTISE [IN AKRON LEGAL NEWSP10-4617/ F10-04052 LEGAL DESCRIPTION Situated in the City of Barberton, County of Summit and State of Ohio: Kuown 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. OIOIZSS —— CBCCOTTOYOO wag UG ICH Street Nu) borterton Ot UU203 Legal Description approved for Sheriff's = by Page fof (TO MAKE THE SUM OF $ 76,097.96 ETC. DOLLARS JUDGMENT WITH THE SAID INTEREST THEREON, AND COST AFORESAID; AND THAT YOU ALSO PAY THE COSTS OF THIS WRIT, AND ALL INCREASE AND ACCRUING COST; AND THE RESIDUE, IF ANY THERE BE, YOU BRING INTO THIS COURT TO ABIDE THE FURTHER ORDER OF THE COURT, AND THAT YOU MAKE RETURN OF YOUR PROCEEDINGS TO OUR SAID COURT WITHIN SIXTY DAYS FROM THIS DATE, AND HAVE YOU THEN AND THERE THIS WRIT. WITNESS MY SIGNATURE AS CLERK OF OUR SAID COURT OF COMMON PLEAS, AND THE SEAL OF SAID COURT, AT AKRON, OHIO THIS 2ND DAYOF FEBRUARY 2011 DANIEL M. HORRIGAN ; y_ CLERK BY \ DEPUTYSummit County Sheriff's Office Sheriff's Return Appraiser Driver: HAROLD CRAIG 10/20/2011 - CHECK PICKED UP BY ATTY/REP -A.MANNINO. 40/20/2011 - DEED PICKED UP -A.MANNINO 10/19/2011 - CHECKS MAILED - PRORATED SENT TO FISCAL 10/18/2011 - DEED COMPLETED AT RECORDING & CONVEYANCE 10/12/2011 - DEEO DELIVERED TO RECORDING & CONVEYANCE 10/42/2011 - CHECK # 75127 IN THE AMOUNT OF $192,03 CREATED FOR: REIMER, ARNOVITZ, CHERNEK & JEFFREY CO. P.O. BOX 968 TWINSBURG, OH 44087-0000 10/42/2011 - CHECK # 75426 IN THE AMOUNT OF $761.75 CREATED FOR: KRISTEN M SCALISE 01-01235 40/12/2011 - CHECK # 75125 IN THE AMOUNT OF $28.00 CREATED FOR: KRISTEN M SCALISE 175 S. MAIN STREET RECORDING AKRON, OH 44308-0000 10/12/2041 - CHECK # 75124 IN THE AMOUNT OF $152.50 CREATED FOR: KRISTEN M SCALISE 175 S. MAIN STREET CONVEYANCE AKRON, OH 44308-0000 10/42/2011 - CHECK # 75123 IN THE AMOUNT OF $1,326.72 CREATED FOR: DANIEL M. HORRIGAN 205 SOUTH HIGH ST AKRON, OH 44308-0000 40/12/2011 - REFUND OVERAGE FROM DEPOSIT......5192.03 10/12/2011 - RECORDING FEES FOR MORTGAGE SALEG......528.00 10/12/2011 - LOT FEES FOR MORTGAGE SALES......$0.50 40/12/2011 - CONVEYANCE FEES FOR MORTGAGE SALE......$152.00 09/27/2011 - TAX FORM RECEIVED PLAINTIFF PURCHASE -0101235 $0.00 09/27/2011 - RECEIVED COMPLETED DEED 09/27/2011 - RECEIVED COMPLETED CONVEYANCE FORM 09/27/2011 - RECEIVED CONFIRMATION OF SALE 09/01/2011 - CONFIRMATION OF SALE FILED IN CLERK OF COURT 08/05/2011 - FORECLOSURE EDUCATION FEE ORD#2008-394......$200.00 08/05/2011 - DEPOSIT TAKEN......§2,850.00 07/26/2011 - PRORATED TAX AMOUNT......6761.75 07/26/2011 - ADVERTISING FEE......6485.00 07/26/2011 - CLERK'S CASE COSTS......$628.72 04/05/2011 - SALE BOOK PAGES PRINTED 04/05/2011 - H.B. 138 PRO RATA FORMS PRINTED 04/05/2011 - CLERK COST FORM PRINTED 04/05/2011 - FORM "B" PRINTED. 04/05/2011 -"100" SHEET PRINTED 04/05/2011 - APPRAISER FEE. 04/05/2011 - APPRAISER FEE. . 04/05/2011 - APPRAISER FEE......860.00 04/05/2011 - APPRAISERS MILEAGE COST 25 MILE(S)......826.00 03/23/2011 - FORM "A" PRINTED. SHFNU2 CASE # CV2010117469 REGULARSummit County Sheriff's Office Sheriff's Return 03/23/2011 - SALE SIGN LABEL PRINTED 03/23/2011 - SALE JACKET LABEL PRINTED 02/10/2011 - ADMINISTRATIVE FEE FOR RECORDING & CONVEYANCE ......$75.00 02/10/2011 - ABSTRACT FEE FOR FIRST PRELIM ADV. RUN......35.00 02/10/2011 - DEED FEE......550.00 02/10/2011 - APPRAISERS OATH......$9.00 02/10/2011 - SHERIFF'S RETURN FEES......$6.00 02/10/2011 - LEVY FEES......$50.00 02/10/2011 - COPY FEES......$1.00 02/02/2011 - ORDER OF SALE FOR MORTGAGE SALE (NON-TAX) RECEIVED Total Cost: $2,850.00 Total Payment: $2,850.00 § received this order of sale on the 2nd day of February A.D. 2011, and in obedience to its command of the Order of Sale hereto annexed, | did on the 31st day of March A.D. 2011 summon HAROLD CRAIG, WILLIAM WILCOX, TIM KIDDER three disinterested free-holders, residents of said county, who were by me duly sworn to impartially appraise the lands and tenements there in described upon actual view, and afterward, on the 31st day of March A.D. 2011, satd appraisers returned to me, under their hands, that they did, upon actual view of the premises, estimate and appraise the real value in money of the same at $57,000.00 dollars. A certified copy of said appraisal | forthwith deposited in the office of the Clerk of the Court of Common Pleas of said County. And on 31st day of March A.D. 2011 | caused to be advertised in the AKRON LEGAL NEWS (a newspaper printed and Published and of general circulation in SUMMIT COUNTY) said land and tenements to be sold at public sale AT THE DOOR OF THE COURTHOUSE, on Friday the 5th day of August A.D. 2011 at 10:00 O'Clock A.M. of said day. And having advertised the said lands and tenements for more than thirty days previous to the day of sale, to wit: three consecutive weeks, on the same day of the week in each week, and in pursuance of said notice | did on the said Friday the 5th day of August A.D, 20114, at the time and place above mentioned, proceed to offer said lands and tenements at public sale AT THE DOOR OF THE COURT HOUSE and then and there came CITIMORTGAGE, INC., who bid for the same the sum of THIRTY EIGHT THOUSAND DOLLARS AND ZERO CENTS; and said sum being just two thirds of the appraised value thereof, and said CITIMORTGAGE, INC. being the highest and best bidder therefore, | then and there publicly sold and struck off said lands and tenements to N/A for said sum of $38,000.00 Dollars. DREW ALEXANDER SHERIFF LORI! D. CAMPBELL DEPUTY SHERIFF SHFNII2A Sheet - Appraiser We, the Undersigned, Disinterested Freeholders, residents of the County of Summit, having been duly summoned and sworn by Drew Alexander, sheriff of said County, to view and appraise the real value in money of the following described Lands and Tenements, taken on an ORDER OF SALE , as the property of DONALD T, BOOTH, ET AL ] + to-wit: CV2010117469 at the suit of CITIMORTGAGE, ENC.. See Exhibit A ALSO KNOWN AS: 49 NW 19TH STREET BARBERTON, OH 44203-0000 Parcel#: 0101235 TO BE ADVERTISED IN AKRON LEGAL NEWS Which said Lands and Tenements we do on our oath aforesaid, after having first viewed the same, appraised as follows: Property located: 49 NW 19TH STREET BARBERTON, OH 44203-0000 Parcel#: 0101235 _ Property appraised at $ SZ ore. . . . In Testimony Whereof, we have hereunto set our hands and seals this Shit ayot_ Wacak AD.20//. Received Appraiser’s Certificates, $1.00 each, of Sheriff. HAROLD CRAIG (Seal) WILLIAM WILCOX (Seal) TIM KIDDER (Seal) Mark Location on this Diagram North Street w West East est} 5 Oo as ° s = 190 rr 4 Weoestr “Ka Street - South’ SHFN 100 50 x120PAGE lof CASE#: CV2010 11 7469 ATION State of Ohio, } ss: County of Summit. ) ‘The undersigned, being first duly swom, says that he/she is employed by The Akron Legal News, a daily newspaper, and of generat circulation in Swnmit County, Ohio: that he/she checks the legal notices published in said newspaper, that the annexed notice was published in said AKRON LEGAL NEWS, once each week for: J consecutive weeks, beginning on the 4TH day of MAY, 2011 and that each insertion of said notice in said newspaper was on the same day of each week, eo ete SWORN to before me and subscribed in my presence this ISTH day of MAY, 2011 CHERIE L. CONNOLLY, Notary Public Summit County, Ohio My Commission Expires November $, 2012 STACIE R, PICKETT. Notary Public Summit County, Ohio My Commission Expires July 6, 2015 MISTY ZENNER, Notary Public Summit County, Ohio My Commission Expires May 17, 2015 CASE # CV2010 11 7469 FILE # 11-00543 INVOICE #:, COST: $485.00 DEPOSIT: $220.00 AMOUNT DUE: $265.00 PAGE 1 of 1 CASE#: CV2010 11 7469 SHERIFF'S SALE, CitiMortgage, Inc. vs. Donald T. Booth, et al. By virtue of an Order of Sale No. CV2010 11 7469 to me directed from the Court of Common Pleas, of Summit County, Ohio, I, DREW ALEXANDER, Sheriff of said County, will offer for sale at Public Venue, at the West door of the Court House, in Akron, en FRIDAY, THE 5TH DAY OF AUGUST. A.D., 2011, at 10:00 o'clock A. M. of said day, the following described Lands and Tenements, toowit: 01-01235 Situated in the City of Barberton, County of Summit and State of Ohio: Knawn as being Lot Number Eighty Eight (68) in the A. A. Moore's Peerless Allotment as recorded in Plat Book 7, Page 5 of the records of Summit County, Ohio. Property located at: 49 NW 19th Street, Barberton, OH 44203. Property appraised at: Fifty-seven Thousand Dollars (357,000.00). Property cannot be sold for less than 23 of the appraised vatue. TERMS OF SALE: $2,850.00 deposit in cash, certified check or bank check payable to the Sheriff of Summit County, Ohio, to be tendered at sale at the time of acceptance of the bid, The purchaser shall be required to pay interest at tne rate of ten percent (10%)on the unpaid balance of the bid amount, untess paid within eight (8) days after the date of sale. The entire balance of the purchase price shall be paid within 30 days after the date of sale. DREW ALEXANDER Sheriff of Summit County, Ohio. RONALD J. CHERNEK, 2450 Edison é,, Twinsburg, OH 4087, Attorney for Plaintift. Sheriff's Office, Akron, Ohio, 3st day of March 2011. May 4,11,18, 2011 11-0543NO. #2011-0385 boc. PaGE cy 2010117469 COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO CITIMORTGAGE INC. vs. DONALD 7. BOOTH AKA DONALD BOOTH, ET AL. ORDER OF SALE THIS ORDER DATED 02/02/2011 RONALD CHERNEK #0041431 2450 EDISON BLVD. TWINSBURG OH 44087 330-425-4201 EXT 152 PLAINTIFF ATTORNEY RET’D AND FILED Stuno3 ding? Wi ao Oe: 2g © Ad 233 , HORRIGAN . August 19, 2011 =} PM 2:55 IN THE COURT OF COMMON PLEAS zy IT Orn soa AE SOUS oR OF OF + CASE NO. 2010 11 7469 10-0405) i er ! CitiMortgage, Inc. successor 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 — 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 rights of liennolders in said premises as far as they may be paid harein, 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 (Pe# 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. Winn Ir JUDGE RECORD IS HEREBY ORDERED. APPROVED BY: OVITZ, CHERNEK & JEFFREY CO., L.P.A. D J. CHERNEK (Reg. #0041431 TER COSTELLO (Reg. #0076112) for Plaintiff Edifon Boulevard, P.O. Box 968P10-4617/ F}0-04052 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. OlO1Z35 CB&COOTICHOOWLAD YC IOLA Street NU) Roreerton Or UU203 Legal Description approved for Sheriff's se by Page lof ! EXHIBIT "A".(Page 2 of 2) SHERIFF’S DEED ie Revised Code § 2329.36 CASE# CV2010117469 1, 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, 2011 and in consideration of the sum of ($38,000.00) Thirty Fight Thousand and 00/100 dollars, the receipt whereof is hercby acknowledged, does hereby GRANT, SELL AND CONVEY unto CitiMortgage, Inc., 1000 Technology Drive, O'Fallon Missouri 63304, all the rights, title and interest of the parties in Court of Common Pleas, Sumiit County, Ohio, Case Number CV2010117469, CitiMortgage, Inc. successor by merger to Citifinancial Mortgage Company, Inc. vs. Donald T. Booth aka Donald Booth et al., 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: FEE OO EE HE trea 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; June 4, 2001 of Summit County Records Executed this 1. dayof Mptembot 20 / Drew Alexander, Shgxiff of Summit County, Ohio T 3915940 Teast4 oy Twins ‘as;Tess UDISTIy bell ] _ , Deputy Sheriff of ‘Summit County, Ohio ¥ STATE OF OHIO ) ) SS: COUNTY OF SUMMIT ) Barut 2 ” = ao Be in remembered, thaton_,2) day of f 20f} _. Before me, Clerk of Common Pleas Court in and for said Sn County, personally appeared the within named, Deputy Sheriff of by Summit County, Ohio and Bom acknowledged the within conveyance to be his/her voluntary act'and deed, as suid Deputy Sheriff. os s eho IN WITNESS WHEREOF, | have hereunto set my hand and Official 8g oO Seal the day and year aforesaid Daniel M. Horrigan, seal Clerk uf Common Pleas Court Suminit County, Ohio drt KA Deputy Clerk cs This instrument was prepared by: REIMER, ARNOVITZ, CHERNEK & JEFFREY Co., L.P.A SEPSY/ 2450 Edison Blvd., Twinsburg, Ghio 44087 ‘TRANSFERRED IN COMPLIANCE WITH September 12, 2011 SEC.319.202 REV, CODE F10-04052 $38 aoono $ 3.5 2 FEE Coierion KRISTEN M. SCALISE CPA, CFE By FISCAL OFFICER Deputy Fiscal Officer