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200830758 FILED COURT OF COMMON PLEAS CV
(bks) \:\\ BUTLER COUNTY, OHTO
aap gunz PM “eR 2008 06 2825
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chase Heid cceainly Case No. _ CINDY CARPENTER
3415 vsosealarbet ou ts CLERK OF COURTS
Columbusy© 3219
Plaintiff
vs. COMPLAINT - FORECLOSURE
Goldie R. Groen
3058 Robina Lane
Hamilton, OH 45013 Permanent Parcel No. K4620-091-
000-013
3058 Robina Lane
Hamilton, OH 45013
Butler County Treasurer
315 High Street, 10th Floor
Hamilton, OH 45011
The Huntington National Bank
41 South High Street
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Aaron A. Groen |
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Columbus, OH 43287 |
Defendants.
COMPLAINT
COUNT ONE
1. Plaintiff is the holder of a note, a copy of which is
attached hereto as Exhibit 'A'. By reason of default under the
terms of the note and the mortgage securing same, plaintiff has
declared the debt evidenced by said note due, and there is due
thereon from the defendants, Goldie R. Groen and Aaron A. Groen,
$228,128.57, together with interest at the rate of 7.0000% per
year from February 1, 2008, plus court costs, advances, and
other charges, as allowed by law.
MAA
LSR200830758D157P1300C9“
count THO
2825
2. Plaintiff incorporates the allegations 9 OB 86,4 and
coNayY CARPERTER
further states that it is the holder of a mort gagesLEk CONE gt
CLERK OF COURT
which is attached hereto as Exhibit ‘B’. The mortgage was given
to secure payment of the above-described note, and said mortgage
constitutes a valid first lien upon the real estate described
therein.
3. The mortgage was filed for record on July 12, 2006, in
Volume 7767, Page 586, of the county recorder's records. The
conditions of defeasance contained therein have been broken;
plaintiff has complied with all conditions precedent; and
plaintiff is entitled to have said mortgage foreclosed.
4. Plaintiff says that the defendant, The Huntington
National Bank, may claim an interest in the above described
property by virtue of a mortgage from Goldie R. Groen and Aaron
A. Groen, filed for record on 07/14/06, in Volume 7768, page
1567, of said County Recorder's Records.
5. Plaintiff says that the defendant, Butler County
Treasurer, may claim an interest in the above described property
by virtue of any unpaid real estate taxes and/or assessments due
and owing on the subject property.
WHEREFORE, plaintiff prays for judgment against defendants,
Goldie R. Groen and Aaron A. Groen, in the amount of $228,128.57,
together with interest at the rate of 7.00003 per year from“
February 1, 2008, plus court costs, advances, spo yen en2Ahe
as allowed by law; that plaintiff's mortgage be ooo ites
OF COURTS
first lien upon the real estate described herein, chek 8 that said
mortgage be foreclosed; that said real property be ordered sold,
and that plaintiff be paid out of the proceeds of such sale; for
such other relief, legal and equitable, as may be proper and
necessary; and that all the other defendants herein be required to
set up their liens or interests in said real estate or be forever
barred from asserting same.
Steven L. Sacks, Trial Counsel
Ohio Supreme Court Reg. #0075980
LERNER, SAMPSON & ROTHFUSS
Attorneys for Chase Home Finance LLC
P.O. Box 5480
Cincinnati, OH 45201-5480
(513) 241-3100
(513) 241-4094 (Fax)
attyemail@lsrlaw.com
The undersigned hereby certifies that an examination of the
public records of Butler County, Ohio has been made to determine
the ownership of the subject real estate and all parties who may
claim an interest therein, and that, in the opinion of the
undersigned, all such parties have been named as parties to this
action.
Steven L. Sacksoo
WRITTEN REQUEST FOR CERTIFIED MAIL SERVICE BY THE CLERK OF COURTS
OF BUTLER COUNTY, OHIO ON THE FOLLOWING NAMED DEFENDANT (S):
Goldie R. Groen
3058 Robina Lane
Hamilton, OH 45013
Aaron A. Groen
3058 Robina Lane
Hamilton, OH 45013
The Huntington National Bank
41 South High Street
Columbus, OH 43287y
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~~ EXHIBIT 4 soo gets
NOTE 1001156-00 pAaPENTER
eee COUNTY.
CLERK OF COU
June 28, 2006 CINCINNATI
{Date} {City} [State)
3058 ROBINA LANE HAMILTON, OH 45013
[Propeny Address}
1, BORROWER’S PROMISE TO PAY
Jn retum for a Joan that ] have received, I promise to pay U.S.$ 232,000.00 {this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is
The Huntington National Bank
J will make all payments under this Note in the form of cash, check or money order.
Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 7,0000 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly paymenton the 1st day of each month beginningon August, 2006 «Twill
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If,on July 1, 2036 +] still owe amounts under this Note, ] will pay those amounts in full on
that date, which is called the "Maturity Date.”
I will make my monthly payments at 7575 Huntington Park Drive, Columbus, Ohio 43235
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amountof U.S.$ 1,543.51
4, BORROWER’S RIGHT TO PREPAY
T have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment.” When I make a Prepayment, J will tell the Note Holder in writing that ] am doing so. ] may not designate a payment
as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
978531-2
MULTISTATE FIXED RATE NOTE-Single Family-Fennle Meo/Freddie Mec UNIFORM INSTRUMENT
ZY;SN (0207) Form 3200 1/01
VMP MORTGAGE FORMS -(800)521-7201
Page toa inte. LA
Gias
~ 5. LOAN CHARGES iu v
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest gr,
loan charges collected or to be collected in connection with this loan exceed the permitted jimits, new (a By Ghia ee?
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any ly collected fr e
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make thi by
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the 4 Wit as
a partial Prepayment. CLERK OF C'
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment,
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If | am in default, the Note Holder may send me a written notice telling me that if I do not Pay the overdue amount by a
Certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attomeys’ fees.
7, GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I ive the Note
Holder a notice of my different address,
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together, This means that any one of us may be required to pay all of
the amounts owed under this Note.
9, WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
978531-2
Form 3200 1/01
ZDW_5N 10207 Page 2013 thas;
Mesy
10. UNIFORM SECURED NOTE Va W
This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the WA aera the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security nnn Gare as this
Note, protects the Note Holder from possible losses which might result if I do not keep the which I make indbis Note.
‘That Security Instrument describes how and under what conditions 1 may be required to make ine a) jull of all
amounts I owe under this Note. Some of those conditions are described as follows: BUTLER CO! RTS
If all or any part of the Property or any Interest in the Property is sold or transferred (ried OFeAONE ‘a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to Pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitied by this Security Instrument without further
notice or demand on Borrower.
a | e e
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
: :
‘ — Mba ne iain ___ os
‘ GOLDTE R GROEN “Borrower CARON A GROEN “Borrower
(Seal) (Seal)
-Borrower -Borrower
THE HUI eving N NATIONAL BAN (Seal) (Seal)
-Borrower ‘Borrower
(Seal) - (Seal)
-Borrower -Borrower
{Sign Original Only]
978531-2
sn (0207) Pagesof3 Form 3200 1/01From: unknown Page: 8/27 ‘Date: 6/23/2008 12:23:56 PM
~EXHIBNe
_ ly
The Huntington National Bank
7575 Muntingten Park Drive return BK: 7767 PG: geeg Gh 28 25
Columbus, Ohig 43235
. LandAmerica
ATTN: POST CLOSING = HN1325 4555 Lake Forest Drive, Suite 200 cir CARDENTER
BROCE. GLERK OF COURTS
{Space Above Tats Lina For Kecording Dats)
MORTGAGE
MIN 1004156~-0009785312-a
DEFINITIONS
‘Words used in multiple secdons of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 2), Certain rales regarding the usage of words used in this document are also provided!
in Section 16.
(A) “Security Instrument” means this document, which is dated June 28, 2006
together with all Riders wo this document. .
) "ig
GOLOTE R aROEN, 20peg0RAI TS
AARON A GROEN, WIFE AND HUSHAND BUTCER COUNFTr OMIB
: DAHNY N CRANK,
: 97-12-2006 At OBt5B10¢ aw.
NORTGAGE .
OR Book 7767 Pasa SR6- 600
‘Borrower is the mortgagor ander this Security Instrument,
(©) "MERS" is Mortgage Eloctronic Registration Systems, Inc, MERS is a separats corporation that is acting
solely as a nominee for Lender and Lendes’s succcssams and assigns. MIERS is the mortgagee onder this
‘Security Instrument. MERS is orgamrized and existing under the laws of Delaware, and has an address and
telephone mumber of P.O, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
@) "Lender? is
‘The Huntington National Bank
Lender isa national banking atsoolation
organized and existing under the lawsof The United States
Lendes’s address is
7575 Huntington Park Drive, Columbus, Bhio 43235
978531-2
‘OHIO-Singlo Family-Fannie Maw/Freddle Mao UNIFORM INSTRUMENT WITH NERS: Form $026 1/01
Vu eta stn me wnatFrom: unknown Page: 9/27 Date: 6/23/2008 12:23:57 PM
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R “COUNT
CURE br coURTS
©) "Note" means the promissary note signed by Harrower and dated June 28, 2006 :
‘The Now states that Borrower owes Lender
Ywo Hundred Thirty-Two Thousand Dollars
(US.$ 282,000.00 ) plus interest. Borrower has promised wm pay this debt in regular Periodic
Fagus ard wo py the debt in fo wot ner to duly 1, 2036
F) "Property" ‘means the property thal is described below under the beading * "Transfer of Rights In the
Property.”
{G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
Sue under be Nol anal sums Ge unde ti Sec Insmumers. psec oun an
GH “Riders moons all Riders to this Security Instrumens what are executed by Borrower. The following
‘Riders are to be executed by Borrower [check box as applicable]:
Adjostable Rate Rider [2] Condominium Rider ‘Second Home Rider
Balloon Rider Planned Unit Development Rider (“1 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(2) [specify]
"applicable Law" means all controlling applicable fedetal, stale and local statuses, regu
atmos and administrative rales and order (at have fhe effect of fan) as well at all apple foal,
‘non-appealahle. judicial opinions,
GD "Commumrity Association Dues, Fees, and Anvesments” means all dues, fees, assessments and other
charges that ae imposed on Borrower or the Property by a condominium association, homeowners
associadion or similar organization.
OK) "Electronic Funds Transfer™ means any transfer of funds, other than a transaction originated by check,
draft, or sinilar papex instrament, which is initiated through an electronic terminal, instrument,
computer, or magnetic Jnagnetc pe so a8 to order, instroct or authorize financial instintion to debit or credit on
‘account, Such term includes, but is not limited to, point-of-sale transfers, sulomated teller machine
, Tansfers initiated by telephone, wire transfers, and antomated clearinghouse transfers.
(L) "Escrow Items" means those items thal ae described in Section 3,
(M) “Miscellaneous Proceeds" means any compensation, ton seliement, award of damages, of proceeds pad by
any third party (other than insurance proceeds paid under the coverages in
amaze to, or destocton ofthe Propet: (@ gendemnation or other king of al oF amy pat of te Propet
{conveyance o Hen of condemnation ; OF (iv) mistepresentations of, or omissions as to, the value and/or
condition of the Property.
{80 !Mortgage Ingarance” means insurance protecting Lender against the nonpayment of, or default on, the
(O) "Pertodic Payment” means the scheduled amount due for (i) principal and interest under the
Nota, phus Gi) any amounts under Section 3 of this Security Instrument.
(F) "RESPA™ means the Real Ese Seiilement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 CPR, Part 3500), as they might be amended from time 10 tkme,
cor any pdditional or successor legislation or regulation that governs the same sabject matix, Ag used in this
Secudty Instrument, "RESPA" refers to all requircmonts and restrictions that are imposed in regard to a
“federally related mortgage loan” even if the Loan does not qualify a8 a “federally related moxtgage loon"
under RESPA,
Benacon) (0105.01 Page 20118 LLG Form 3036 1/04From: unknown Page: 10/27 Date: 6/23/2008 12:23:57 PM
os HER
acre FPR 2 g25
ospy CARPENTER
2 2a COUNTY,
EF COURTS
(Q) “Snccessox in Interest of Borrower” means any parry that had taketh tie to the Property, whether of not
that pamy has assumed Borrower's obligations under the Note and/or this Security Instrument.
‘TRANSFER OF RIGHTS IN THE PROPERTY
mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns)
nd to the successors and assigns of MERS the following described property located in the
coUNTY of BUTLER :
{type of Recording Serindiction) [Nurse of Recording Susidiction)
‘Situate In Seotion 28, Town 3, Range 2, Ross Township, Butter County, Ohio and being described as:
Lot 336 of Dry Run Estates, Section Eight, recorded In Plat Envelope 2328 A&B, Butler County, Ohio
Recorder's Oilice.
Parcel 1D Number: 4620-081-000-013 which curently has the address of
3058 ROBINA LANE [Street)
BAMILTON [Ciy], Ohio 45013 ip Code}
(“Property Address");
TOGETHER WITH ail the improvements now of horeafier erected on the property, and all. easemems,
Appurtenances, and fixtures now oF a pact of the 7. All replacements and additions shall also
‘be covered by this Security Instrument, All of the 4s referred to in thix Security Instrument as the
“Property.” Borrower understands and agrees that MERS holds only Jegal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to ‘with Jaw or custom, MERS (as nominee for
Lendler and Lendes's saccessors and assigns) has tho right: to exercise any or all of hase interests, inchiding,
‘bat not limited to, the right to foreclose and sell the Property; and 10 take atty action required of Lender
inclading, but not limited to, releasing and canceling this Security Instroment.
BORROWER COVENANTS that Berrower is lawfully seised of the esta: hercby conveyed and has
the right to mortgage, grant and convey the Property and that the is unencumbered, except for
encumbrances of record, Borrower warrants and will defend generally the tide to the Property against all
claims and demande, subject to any encumbrances of record,
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by judsdiction to constitute a uniform security instrument covering real
property.
978531-2
sane LLG.
FBP-sA(OW) j0100.01 Page act is Form 3036 4/01
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From: unknown Page: 11/27 Date: 6/23/2008 12:23:58 PM
Lenenaaeni
om 596 2329
provided any such check iy drawn upon an institution whose deposits are invwred by a federal agency,
Tomeng a teen soxived ct - me '
ase received by Londer when received at the location the Now
such other location a¢ may be designated 6 Canter accordance wid) be noses os vaions i Section 15.
Be rear Lea ay ses ay Dejrcor pel payne euler we Lash cue
. any or ment 10 bring the Loan current,
tvibowt waver of any righ Weroarder Of prepuce 19 Rights to refuse such peymeat or partial payments in
‘balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which inclndes a
sufficient amount to pay any late charge due, the payment may be apptiod to the delinquent payment and the
date charge. Jf moro than one Periodic Payment ia outstanding, Lender may apply any payment received from.
Borrower to the repayment of the Periodic Payments if, and to the extent that, cach payment can be paid in
fll, To the extent that any excess exis after the payment is applied to the full payment of one or mars
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then at described in the Note,
Any applis ‘of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
‘Note shall not extend or postpone the duc dase, or change the amount, of the Periodic Payments.
3. Funds ‘Teems. Periodic
Pay ‘Payment
the Note, uni the Note is paid in full, a sum (the “Funds") to provide for payment of ansounts due for: (a)
taxes and assessments and other items which can aitain priority over this Security Instrument as a tka of
‘encumbrance on the Property; (b) Keaschold payrmenis or ground rents on the iF any; (c) premiums
foe any and all insurance required by Lender under Section 5; and (4) Mongage insurance premiums. if any,
or any sums by Borrower to Leader in licu of the 1 of Mortgage Insurance promiumss in
accordancs ‘the provisions of Section 10. These items are ci “Escrow Isems." At originadon on at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
978531-2
sits
BP vACOH 10408) 0+ Pago eotie 6 Form 3036 4/04TTT,
From: unknown Page: 12/27 Date: 6/23/2008 12:23:58 PM
Assessments, if any, be escrowed by Bomower, and such dues, feas and osssasments shall be an Escrow Item,
t0 Lender all notices of amounts to be paid under this Section, Borrower
shall pay Lender the Funds for Eecrow Items unless Lender waives Borrower's obligation to pay the Funds
y 3 (0 pay to Lender Funds for any or all
Becow Teas at any tne. Any sch may only be in ;. In the event of such waiver, Borrower
Loan Bank. Lender shall apply the Fonds w pay the Hecrow Iteme no later than the dime specified under
RESPA, Lendet shall not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow ics, unless Lender pays Borrower inerest on the Funds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing ar Applicable
Law requires interest to be paid on the Funds, Lender shaB not be required to pay Borrower any interest or
earnings on tho Funds. Borrower and Lender can agree in writing, however, thal interest. shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
"A.
IF there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall noiify Borrower as required by RESPA, and Borrower shall pay to
Lender the amoum necessary to make up the in accordance with RESPA, but in no more than 12.
monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lendes shall
polify Borrower as required by RESPA, aad Borrowes shall pay to Lendor the amount necessary to make up
the defictency in accordance with RESPA, but in no more than 12 monthly payments,
‘Upon payment in ful of all sums secured by this Security Instrument, Lender skall proraptly refund to
Borrower any Funds held by Lender.
4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and
atuivoble to the Proper which can aan pry over tis Stray asm, eschold paymens
ground rents 08 the: any, aad Community Association Duss, Fees, and Assasuments, if any.
Brat tiat these ene re Escrow Nem, Boetovrer shall pay them bv ke mater provided in Section 3.
Borrower shall pomply charge any Hon which has prety ove tia Sera Lasoument ues
Borrower: in tothe the obligation secured fen in a manner acceptabl
(eae as Besowes a performing nah Zgrecment (0) conieas the in in good faith by, o=
Lender, but only so long as. 2
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforeement ofthe Tien while those proocedings me pening. bat only wnt oct cdings we conchuded,
or (c) secures from the holder of the licn an agreement w Lender the licn to this
978531-2
Beccom {9408.01 Pages otis
nse HA Form 3008 1/01
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From: unknown Page: 13/27 Date: 6/23/2008 12:23:59 PM
NRO RUUD
546 2 325
BK: 7767 PG:
2008
CRY
ai abies somites by
insurance poli Lender and renewals of such policies shall be subject to Lender's
right to Soci poles, shall cade a sont soorgegs clans and Shall tame Lai ne
mortgagee. ‘88 an additonal Inss payee. Lender shail have the right wo hold the policies and renewal
centificales. If Londer requires, Borrower shall prompily give to Lender all receipts of paid iums and
renwal nonce. if Borower cbains any frm of insurance coverage, not otherwise requred by Landet,
dumage or destruction of the Propeny, such policy shall ioclude 8 sender morgage clause and shal
‘a8 an additional loss payee,
In the cvcat of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promply by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
orld to remoraion o« ropa of the Property, if he ratoraon or rept feasible ond
7 aan a a
's security is not lessened. During such repaix and restoration peciod, Lender shall have the sight to
hold such insurance Lender has opportunity 10. ‘such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
Lender may disburse procesds fox the repairs and restorauon in a sis or ina series of
perme as the wont is completed an agreement ts made in writing or Applicable Law requires
terest to be paid on such insurance proceeds, Lender shall not be to pay Borrower any interesl or
eamings on such proceeds, Fees for public adjusters, ot othex third a by Bomower shall not be
978531-2
[OH) joaps) 0+ Page 6 ot 10 ton: Form 3036 1/01
BQeAON) coo0ey 0" "ot
LER
ERK 0
oRRPENTER
COUNTY.EE
From: unknown Page: 14/27-—-Date: 6/23/2008 12:23:59 PM
inaccurate information or
‘in connection wlth the Loan, Material representations inchide, but
2x not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
9. Pratection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) honower false pester te sorseant and egrosmov soniind in a Sexarhy nersnent (0) there
a legal proceeding that might signi affect Lender's intezeat in the Property and/or sights under this,
Security Instrument (such a3 a in bankrupicy, probate, for condemnation of forfeimrc, for
enforcement of a Hen which may attain priority over this Security Instrument or to enforce laws or
regulations), of (c) Borrower has abandoned the thea Lender may do und pay for whatever is
reasonable or appropriate wo protect Lender's interes, Ee Propeny aod sighs under iis Seu
Instrument, inclodhn; ing protecting and/or assessing value ‘Property, securing and/or i
the Property. Lender's actions can include, but are. not lintited 10: (a) paying any sume secured by a lien whi
haa priority over this Security Instrument; (b) appearing in court; and {c) paying reasonable attorneys’ fees 10
978531=2
Anat:
Bpeacon, 0a05)0% Page? of 10. Gita Form 3939 1/01From: unknown Page: 15/27 Date: 6/23/2008 12:23:59 PM
| HUERTA:
BK: 7767 PS: $8 g 06 2825
Any amounts disbursed by Lender under this Section 9 shall become
secured by this Security Instryment, These amounts shall bear interest at the Note tate from the date of
@isbarsement and shall be payable, with such interest, upon notice from Lendex to Borrower requesting
payment.
Hf this Security Instrument ia on a kasehold, Borrower shell comply with all the provisions of the lease,
i aarowe! eis fr ato Popeye etl ee ies ed mee an Lader
19. Mortage Lauran Lane gin Morggs Ines 5 «conn of making te Loss,
Borrower shail pay the premiums require 1 maintain the Insurance in effect. If, for any reason,
the Insurance Jinsurer that
‘between i
‘Law. Nothing in this Section 10 affects Barrower's fion to pay interest at the rate provided in the Note.
‘Tnswruoce reimburses Lender (or any entity that patchases the Note) for certain tosses it may
incur if Borrower docs not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
insurers evalnats their total risk on all such insurasice in force from time to time, and may
on srs en eondton tht ae safemry othe morgage ins and the ober party (or pated) 0 thse
agreements. These agreemeats may require the insurer t0 make payments using any sousce of funds
that the motgage ineurer may have availble (Which may include fondo Obama iret Mortgage Insure
prenkyms).
‘AS a cesult of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affitinis of any of the foregoing, may receive (directly or indirectly) amounts that darive
from (or might be characterized as) a partion of Borrower's payments for Mortgage Insurance, in exchange
for sharing of modifying the mortgage insutez’s risk, or reducing losses. If guch agreement provides that an
978531-2
yon ovonr01 Page oto AS Form 9038 1/04ea
From: unknown,
Page: 16/27 Date: 6/23/2008 12:24:00 PM
ERA ANA =
BK: 7767 PGK G 06 2 325
alfiliate of Lender takes a share of the insurer's risk im exchange for a share of the praminms whe
‘ ch Paid
feasibis
‘Proceeda shall be applied to the sams scoured by thin Security Instrument, whether or not then with the
if ‘Such Misceliansous a
Proceeds shall be applied in the order provided for in
In the ¢vent of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds:
shall be applied to the sums secured by this Security Instrament, whether or not then dut, with the excess, if,
oF loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
978631-2
ZBsAcorn ouos 01
by the amount of tho Miscellaneous Proceeds multiplied by the
Page serie Aba Form 3038 1/01Ra
From: unknown Page: 17/27 Date: 6/23/2008 12:24:00 PM
HARE w ¥
BK: 7767 PG: 9H 0 gg YG 2825
cInDY CARPENTER
COUNT
GuRK OF OF COURTS
‘Lender's interest in the Property or rights under this Security Instrument. The proceeds af uny awerd or claim
for damages that are attributable to impairment of Lender's intereat in the Property ae hoeeby aesigned
All Mispellancous Proceeds that are not applied to restoration of repair of the Property shall be applicd
in the order provided for in Section 2.
12, Borrower Not Released; Forhearance By Lender Not a Waiver. Extension of the time for
payment ox modification of amoxtization of the sums secured by this Sccurity Instrument granted by Lendec
to Borrower or any Successor in Interest of Bosrower shall not operaie to release the liabibty of Bocrower or
limitation, Lender's acceptance of payments from third persons, entities or Successors in
Tre of rome oi sous es han he oun hea dt, shall not be @ waiver of or precinde the
exescise or
13, Joint and Several Lsbhity: ¢ Coctiguers; Successors and nd Assigns Bound, ‘Borrower covenants and
agrees thot Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not axecuto whe Note (4 "co-signer"): (a) is co-signing this
nstroment onty to mortgage, grant and convey the covsigner’s interest in the Property under che terms of this
Security Intramenk () 8 not personally obligated to pay the sums secured by this Security Instrument; and
(©) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
fecomnmodations with regard 10 dhe terra of is Security Insaument or the Now without the co-signer"s
‘Subject to the provisions of Section 18, any Successor in Interest af Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of
Borrower's rights and benefits under dhis Security Instrument. Borrower shall not be released from
Borrower's obligations an lisbiity under tis Securry Insrument micas Lender ngrees to auch release io
‘covenants and agreements of this Socurity Instrument shail bind (except as provided in Section
Sp and benoit te messed seagns ob Lender
14, Loam Charges. Lender may charge Borrower fees for services performed in connection with
Borrower detauh, For ha purpose of prokedng Lenter’s ises mthe Property and ghts we Urs
‘Security Instrument, inchuding, but not limied to, atlomeys" fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Insmmument to charge specific feo.
0 Borrower shall not be constraed as a prohibition on the chargin; of such fee. ‘Lender may not charge fees
that aro expressly probibited by this Security Tnstrumemt or by
Tae ans swap ta lw cheat mavinam ean eres a ht wi
We be eet o Tan Carper Cond ero be colle a canecina wi fe Lan exir Be
Tape tat any sa ay ed fom baror wi atoe peried f
to le permited limits and (6) any sus away cols from Parower Which eo
the Note making 0 direct payment to Borrower, If @ refund reduces principal, ener’
‘weaed 24 Darel prepayment ‘without any prepayment charge (whether or not a prepayment charge is
978531-2
wwwx: Md,
QBZALOH) coron.o1 rage 190619, Rb Form 9008 1/01————
From: unknown Page: 18/27 Date: 6/23/2008 12:24:01 PM
me“
Bk: 7767 PG: 800 8 2825
aca
anes OF COURTS
Provided for under the Note), Borrower's acceptance of an} such refund made by direct payment t Borrow
vill conse a waver of any right of action Rorrower might have aring out af such avecheres, *
. 15. Notes. All nos given by Bottower ar Lender in connection wiht SecariyTetument mas
be in writing. Any notice to Borrower in connection with with this Security Instrament shalt be deemed to have
i agreement
provision oc clause of hie Security Insmument or the Nota conflict with Applicable Law, soch confit sh
ot affect other provisions of this Security Instrument or the Note which can be given effect without the
ting provision,
As used in this Security Instrament (a) words of the mascutine gender shall mesn and inchds
corresponding neuler words or ‘or words of the feminine gender, (b) wards in the singular shall mean and
inclade the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation bo take
any action.
{Borrower's Copy: Bomower shall be given ote copy ofthe Note and ofthis Security Instrument
"In eavin te Property" toga of beneficial 5, Aeating, but note hs
“Interest in the * means any or fiver in be Proper, in bout not Timited to,
those beneficial intarests transferred in a bond for deed, contract for deed, installment sales conmact or escrow
agreement, the inent of which is the transfer of titts by Borrower at a future date to & purchaser.
Jf all or any part of the Property or any Interest in the Property is sold or transferred (or if Bossower is
tot a uatral person and a beneficial Sakerstin Borrower ls sold or transferred) without Lenders prior wrinen
consent, Lender say require immediie popmen in ful of ll suns soured by this Seeuiy lasmanen
‘However, this option shall not be exercised by Lender if such exercise is prohibited by
Tf Lender oxercies this option, Lender shall give Bomower none of soocheetens The nate shal
‘provide a petiod of not less than 30 days from the dave the notice is given in accordance with Section 15
thin which Harrower rast pay ll runs secured by wis Secuty Instomen. If Borower fala to pay these
Fa Bar fo the expiration of this Period, Lender may invoke any remedies permite by this Security
Instrument without further notice or demand on Borrower.
9. ‘Borrower's Right to Relasiaie After Acedleration, If Borrower meets certain conditions,
Bozower shal ve the gh have enforcement of this Security Instrument discontinued st any time priar
0 the earliest of: (a) five days before sale of the Propesty pursuant to any power of sale contaived in this
‘Secerity Instrument, (b) such other period as Applicable Law might specify Sor the termination of Borrower's:
Fight 0 reinstate; or (c) enmry of a judgment enforcing this Security Instrument. Those conditions are that
978531-2
nats: fe.
BAA own Page syotse Form 3098 1/01ea
From: unknown Page: 19/27 Date: 6/23/2008 12:24:01 PM
2925
BK: 7767 PG: &
CINDY CARPERTER
ER COUNTY
ERK OF COURTS
Borrower: (a) pays Lender all sums which then would be due under this Secotity Inctrument and the Note 2s
if no scosleraion had occurred (b) cures any defaalt of any other covenants or agreements, (¢) pays all
expenses incurred in enforcing this Security Instrument, including, but not kmited to, reasonable attomeys’
fees, property iaspection and valuation fers, and other fees incurred for the purpose of protecting Lendes’s
‘intervat in the Property and nights under this Security Instrument; and (4) takes such action as Leader may
Teatonably require to assure that Lender's interest in tho Property and rights undar this Security Instrument,
and Borrower's obligation wo pay the sums secured by this Security Instrument. shall contimie. unchanged.
‘Lender may require that Borrower pay such reinstitement sums and expenses in one ar more of the following
forms, as selected by Lender: (8) cash; (b) money ordes; (c) certified check, bank check, treaeurer's check or
‘cashier's check, provided any such check is drawn upon an mstinution whase deposits are insured by a federal
agency, insrumentatity or entity; oF (d) Electronic Punds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured bezeby shall remain fully effective as if no acceleration had
Occurred. However, this right to reinstate shall not apply ia the case of acceleration under Section 18,
20, Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note of a partial interest in the
Note (together with this Security Instrument) can be sold one or mote tines without prior notice to Borrower,
A sale right result in a change in the entity (known as the “Loan Servirer”) that collects Periodic Payments
due under the Note and this Security Iostrument and performs other martgage foan servicing obligations
under the Note, this Secetity Instrument, and Applicable Law, There also might be one ot mare changes of
‘the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be
siven written notice of the change which will ststo the name and uckircas of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a
noxive of mansfer of servicing. If the Nove is sold and thereafter the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgnge loan servicing obligations to Borrower will remain with the
Lom Servicer of be transferred to a successor Loan Servicer ond are not assumed by the Note purchaser
unless otherwise provided by the Nove purchaser,
Nekther Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party’s actions pursuant to this Security
period which must lapse befare certain action can be taken, hat time period will be deemed to be reasonable
for purposes of this ‘The notice of acceleration and opportunity t0 curo given to Barrower pumsuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
Satisfy the notice and oppormusity to take corrective action provisions ofthis Section 20.
21, Huzardong Substamces, Aa used in this Section 21: (a) “Hazardous Substances" are those
substances defined ss toxic or hazardous mbstances, pollutants, or wastes by Environmemal Law and the
following substances: gasoline, kerosene, other flammable or tuxic petralcam products, wzic pesticides and
means a condition that can cause, contribute to, or otherwise trigger an Environmental Clemup.
878531-2 fe.
Inmtale:
A& Form 3038 1/01
Sq_ercony tos0e).o1 Page x2 0115From: unknown Page: 20/27 Date: 6/23/2008 12:24:02 PM.
CA
BK: 7767 PG: 698
Borrower shall not cause or the f
ter =~ ae gus Signs on ot ts Be epee
‘nor allow anyone 1 do, anything affecting the that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) Tien ie © the Presence, use, or release ofa
the Property (including, but not limited to, ‘in consumer products),
Borrower ‘prompity give Leader written notice of (a) any investigation, demand, lawsnit or
other action by any governmental or ee Reale pery in
Havardous Subsance or Environmental Law af which Barower actual knowledge, (b) any
Environment ji any i
release of any Hazardous Substance, and (c) any condition caused by the presence, tee or release of a
Hivardous Substance which edversety alfexis the value of the Property. If Basrower learns, or i notified by
eeeemmental or reguistory authority, or any private perty, that any removal or other semnediation of any
Hazardous Substance alfecting the Property is necessary, Bortowes shall promptly take all remedial
actions in accordance with Environmental Law, Nothing herein shall create any obligation an Leteler for an
Environmental Cleanup,
NON UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies, Lender shall glve notice to Hocrower prior to accelaration following
Bocrower’s breach of any covenant or agreitnent im this Security Instrement (but not prior (o
acceleration under Section 18 unless Applicable Law provides otherwise), The notice shall specify: (a)
the defwolt; (b) the action required ta rnre the defalt; (c) 9 data, not leat than 30 deys from the date
the notice ia given to Borrower, by which the defauX must be cared; and (d) that fallure t cere the
defoott on or before the date specified in the notice may result in acceleration of the guts secured by
this Secarity Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall
right to afier acceleration and
23, Release. Upon payment of all sumia secured by this Security Instrument, Lender shall di this
Security Tnssrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
eleasing this Security Instrument, but only if the fee ts pald to a third party far services rendered and the
charging of the fee is permitted under Applicable Lav.
24, Certain Other Advances. In addition to any other am secured hereby, this Security Instrument
Shall slso secure the unpaid principal balanco of, plus scored imesest on, any amount of money loaned,
advanced or paid by Lendes to or for the account and benefit of Borrower, after this Security Instrument is
delivered to ond filed with the Recordes’s Office, BUTLER
County, Ohio, for recording, Lender may make such advances in order to pay any real oststc taxes and
‘ssegoments, insurance premainms plus all other costs and expenses Incurred in comnection with the operation,
Protection ar preservation of the Property, including to cure Borrower's defaults by making any such
578531-2
nal; yi ES
Bz oA(O4 cor00).01 Page 13-0116 Form 903s 101
wW
2008 06 28:
chi’ CARPENTE:
BUTLER COUNTY
CLERK OF COURT!From: unknown Page: 21/27 Date: 6/23/2008 12:24:02 PM
BK: 7787 PG: 599 6 282 5:
LING» ¢
abr: tpn
. . i, tf
ACA vv
508 9
payments which Botrower should have paid as provided in this Seourity Instrument, it being intended by this
Section 24 t acknowkdge, affirm and comply with the provision of Section 5303.23 of the Revised Code
of Ohio,
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Socurity Instrument and in any Rider executed by Bouower and recorded with it.
Wisnesoes:
hi (Seal)
BOLDYE R GROEW “Bomrower
—_— (Seal)
MA GROEN “Borrewer
(Seal) (Stal)
Borrower Bocrower
(Seal) | (Seal)
“Borrower Borrower
(Seal (Seal)
Borowet “Borrower
978531~2
BY onCo1H 1oH.0» Page ta 0838 Form 9090 WotFrom: unknown Page: 22/27 Date: 6/25/2008 12:24:03 PM
LAER
BK: 7767 P@: goo “g
20
08 06 269
SIND we §
BUT CARP EY, uv
STATE OF OHIO, HAMILTON countyer SL Epe! “e couNy ER
“This instrument was acknowledged before me this 28th = dayof June, 2008 " Cour.
GOLDIE R GROEN = & AARON A GROEN, wife and husband.
My Commission Expires:
‘This
VICKE YOUNG
The Huntington National Bank
978831-2 7
EA oAoHN covosi01 Page 19198 Form a0ae 4/04pec
. June 23, 2008 ‘ad 28 29
. 06
a 2908 -
F iLED ae CRN
200 tlt “pull ¢ cour
reabte SEN 2 PA CURT OF COMMON PLEAS CLERKS
hid so -PENTERITLER COUNTY, OHIO
SSTLER COUNTY
GieRK oF COURTS pRAECIPE
Chase Home Finance LLC
PLAINTIFF CASE NO:
Goldie R. Groen, et al.
DEFENDANT
Please issue a Residential and/or Personal Service of
Summons on the Complaint via Court Appointed Special
Process Server Legalex, Inc.
Goldie R. Groen
3058 Robina Lane
Hamilton, OH 45013
Aaron A. Groen
3058 Robina Lane
Hamilton, OH 45013
Butler County Treasurer
315 High Street, 10th Floor
Hamilton, OH 45011
Steven L. Sacks
Ohio Supreme Court No. 0075980
Attorney for Plaintiff
Lerner, Sampson & Rothfuss
120 East Fourth Street, 8th Floor
Cincinnati, OH 45202-4007
(513) 241-3100
(513) 241-4094 Fax
email@lsrlaw.com
"AMAL LA AA
LSR200830758D579P1300C9LERNER SAMPSON & RorHruss
A LEGAL PROFESSIONAL ASSOCIATION
120 East Fourth Street, 8th Floor - Cincinnati, OH 45202-4007
Phone (513) 241-3100 - Fax (513) 241-4094
June 23, 2008
Butler Clerk of Courts
Court of Common Pleas
Government Services Center
315 High Street
5th Floor
Hamilton, OH 45011
IN RE: Chase Home Finance LLC
-vs- Groen, Goldie R.
LS&R No-? 200830758
Dear Sir or Madame:
Enclosed are the original and multiple copies of a Complaint for
filing.
Please file the original and return one (1) time-stamped copy in
the enclosed self-addressed, stamped envelope.
Also enclosed please find our check in the sum of s600 for the
filing fee.
This filing was sent and received by overnight shipping because
of the time sensitive nature of these enclosures. Pursuant to
Revised Code Section 2303.08, please endorse today's date (the
date received) as the filing date and process this filing.
Thank you.
very truly yours,
LERNER, SAMPSON & ROTHFUSS
Steven L. Attorney at Law
SLS/bks
Enclosures
Preview
oe aa, 200830758 FILED COURT OF COMMON PLEAS CV (bks) \:\\ BUTLER COUNTY, OHTO aap gunz PM “eR 2008 06 2825 r a) , chase Heid cceainly Case No. _ CINDY CARPENTER 3415 vsosealarbet ou ts CLERK OF COURTS Columbusy© 3219 Plaintiff vs. COMPLAINT - FORECLOSURE Goldie R. Groen 3058 Robina Lane Hamilton, OH 45013 Permanent Parcel No. K4620-091- 000-013 3058 Robina Lane Hamilton, OH 45013 Butler County Treasurer 315 High Street, 10th Floor Hamilton, OH 45011 The Huntington National Bank 41 South High Street ' I 1 | ' I ' J 1 | 1 Aaron A. Groen | | t | ' l 1 I 1 | v Columbus, OH 43287 | Defendants. COMPLAINT COUNT ONE 1. Plaintiff is the holder of a note, a copy of which is attached hereto as Exhibit 'A'. By reason of default under the terms of the note and the mortgage securing same, plaintiff has declared the debt evidenced by said note due, and there is due thereon from the defendants, Goldie R. Groen and Aaron A. Groen, $228,128.57, together with interest at the rate of 7.0000% per year from February 1, 2008, plus court costs, advances, and other charges, as allowed by law. MAA LSR200830758D157P1300C9“ count THO 2825 2. Plaintiff incorporates the allegations 9 OB 86,4 and coNayY CARPERTER further states that it is the holder of a mort gagesLEk CONE gt CLERK OF COURT which is attached hereto as Exhibit ‘B’. The mortgage was given to secure payment of the above-described note, and said mortgage constitutes a valid first lien upon the real estate described therein. 3. The mortgage was filed for record on July 12, 2006, in Volume 7767, Page 586, of the county recorder's records. The conditions of defeasance contained therein have been broken; plaintiff has complied with all conditions precedent; and plaintiff is entitled to have said mortgage foreclosed. 4. Plaintiff says that the defendant, The Huntington National Bank, may claim an interest in the above described property by virtue of a mortgage from Goldie R. Groen and Aaron A. Groen, filed for record on 07/14/06, in Volume 7768, page 1567, of said County Recorder's Records. 5. Plaintiff says that the defendant, Butler County Treasurer, may claim an interest in the above described property by virtue of any unpaid real estate taxes and/or assessments due and owing on the subject property. WHEREFORE, plaintiff prays for judgment against defendants, Goldie R. Groen and Aaron A. Groen, in the amount of $228,128.57, together with interest at the rate of 7.00003 per year from“ February 1, 2008, plus court costs, advances, spo yen en2Ahe as allowed by law; that plaintiff's mortgage be ooo ites OF COURTS first lien upon the real estate described herein, chek 8 that said mortgage be foreclosed; that said real property be ordered sold, and that plaintiff be paid out of the proceeds of such sale; for such other relief, legal and equitable, as may be proper and necessary; and that all the other defendants herein be required to set up their liens or interests in said real estate or be forever barred from asserting same. Steven L. Sacks, Trial Counsel Ohio Supreme Court Reg. #0075980 LERNER, SAMPSON & ROTHFUSS Attorneys for Chase Home Finance LLC P.O. Box 5480 Cincinnati, OH 45201-5480 (513) 241-3100 (513) 241-4094 (Fax) attyemail@lsrlaw.com The undersigned hereby certifies that an examination of the public records of Butler County, Ohio has been made to determine the ownership of the subject real estate and all parties who may claim an interest therein, and that, in the opinion of the undersigned, all such parties have been named as parties to this action. Steven L. Sacksoo WRITTEN REQUEST FOR CERTIFIED MAIL SERVICE BY THE CLERK OF COURTS OF BUTLER COUNTY, OHIO ON THE FOLLOWING NAMED DEFENDANT (S): Goldie R. Groen 3058 Robina Lane Hamilton, OH 45013 Aaron A. Groen 3058 Robina Lane Hamilton, OH 45013 The Huntington National Bank 41 South High Street Columbus, OH 43287y ‘ oh J ~~ EXHIBIT 4 soo gets NOTE 1001156-00 pAaPENTER eee COUNTY. CLERK OF COU June 28, 2006 CINCINNATI {Date} {City} [State) 3058 ROBINA LANE HAMILTON, OH 45013 [Propeny Address} 1, BORROWER’S PROMISE TO PAY Jn retum for a Joan that ] have received, I promise to pay U.S.$ 232,000.00 {this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is The Huntington National Bank J will make all payments under this Note in the form of cash, check or money order. Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7,0000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly paymenton the 1st day of each month beginningon August, 2006 «Twill make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on July 1, 2036 +] still owe amounts under this Note, ] will pay those amounts in full on that date, which is called the "Maturity Date.” I will make my monthly payments at 7575 Huntington Park Drive, Columbus, Ohio 43235 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amountof U.S.$ 1,543.51 4, BORROWER’S RIGHT TO PREPAY T have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, J will tell the Note Holder in writing that ] am doing so. ] may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 978531-2 MULTISTATE FIXED RATE NOTE-Single Family-Fennle Meo/Freddie Mec UNIFORM INSTRUMENT ZY;SN (0207) Form 3200 1/01 VMP MORTGAGE FORMS -(800)521-7201 Page toa inte. LA Gias ~ 5. LOAN CHARGES iu v If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest gr, loan charges collected or to be collected in connection with this loan exceed the permitted jimits, new (a By Ghia ee? shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any ly collected fr e which exceeded permitted limits will be refunded to me. The Note Holder may choose to make thi by Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the 4 Wit as a partial Prepayment. CLERK OF C' 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment, (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If | am in default, the Note Holder may send me a written notice telling me that if I do not Pay the overdue amount by a Certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys’ fees. 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I ive the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together, This means that any one of us may be required to pay all of the amounts owed under this Note. 9, WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 978531-2 Form 3200 1/01 ZDW_5N 10207 Page 2013 thas; Mesy 10. UNIFORM SECURED NOTE Va W This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the WA aera the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security nnn Gare as this Note, protects the Note Holder from possible losses which might result if I do not keep the which I make indbis Note. ‘That Security Instrument describes how and under what conditions 1 may be required to make ine a) jull of all amounts I owe under this Note. Some of those conditions are described as follows: BUTLER CO! RTS If all or any part of the Property or any Interest in the Property is sold or transferred (ried OFeAONE ‘a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to Pay these sums prior to the expiration of this period, Lender may invoke any remedies permitied by this Security Instrument without further notice or demand on Borrower. a | e e WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. : : ‘ — Mba ne iain ___ os ‘ GOLDTE R GROEN “Borrower CARON A GROEN “Borrower (Seal) (Seal) -Borrower -Borrower THE HUI eving N NATIONAL BAN (Seal) (Seal) -Borrower ‘Borrower (Seal) - (Seal) -Borrower -Borrower {Sign Original Only] 978531-2 sn (0207) Pagesof3 Form 3200 1/01From: unknown Page: 8/27 ‘Date: 6/23/2008 12:23:56 PM ~EXHIBNe _ ly The Huntington National Bank 7575 Muntingten Park Drive return BK: 7767 PG: geeg Gh 28 25 Columbus, Ohig 43235 . LandAmerica ATTN: POST CLOSING = HN1325 4555 Lake Forest Drive, Suite 200 cir CARDENTER BROCE. GLERK OF COURTS {Space Above Tats Lina For Kecording Dats) MORTGAGE MIN 1004156~-0009785312-a DEFINITIONS ‘Words used in multiple secdons of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 2), Certain rales regarding the usage of words used in this document are also provided! in Section 16. (A) “Security Instrument” means this document, which is dated June 28, 2006 together with all Riders wo this document. . ) "ig GOLOTE R aROEN, 20peg0RAI TS AARON A GROEN, WIFE AND HUSHAND BUTCER COUNFTr OMIB : DAHNY N CRANK, : 97-12-2006 At OBt5B10¢ aw. NORTGAGE . OR Book 7767 Pasa SR6- 600 ‘Borrower is the mortgagor ander this Security Instrument, (©) "MERS" is Mortgage Eloctronic Registration Systems, Inc, MERS is a separats corporation that is acting solely as a nominee for Lender and Lendes’s succcssams and assigns. MIERS is the mortgagee onder this ‘Security Instrument. MERS is orgamrized and existing under the laws of Delaware, and has an address and telephone mumber of P.O, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. @) "Lender? is ‘The Huntington National Bank Lender isa national banking atsoolation organized and existing under the lawsof The United States Lendes’s address is 7575 Huntington Park Drive, Columbus, Bhio 43235 978531-2 ‘OHIO-Singlo Family-Fannie Maw/Freddle Mao UNIFORM INSTRUMENT WITH NERS: Form $026 1/01 Vu eta stn me wnatFrom: unknown Page: 9/27 Date: 6/23/2008 12:23:57 PM | tl eed Pg: 587, 2 825 : ATER t soy Ce DRPES y R “COUNT CURE br coURTS ©) "Note" means the promissary note signed by Harrower and dated June 28, 2006 : ‘The Now states that Borrower owes Lender Ywo Hundred Thirty-Two Thousand Dollars (US.$ 282,000.00 ) plus interest. Borrower has promised wm pay this debt in regular Periodic Fagus ard wo py the debt in fo wot ner to duly 1, 2036 F) "Property" ‘means the property thal is described below under the beading * "Transfer of Rights In the Property.” {G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges Sue under be Nol anal sums Ge unde ti Sec Insmumers. psec oun an GH “Riders moons all Riders to this Security Instrumens what are executed by Borrower. The following ‘Riders are to be executed by Borrower [check box as applicable]: Adjostable Rate Rider [2] Condominium Rider ‘Second Home Rider Balloon Rider Planned Unit Development Rider (“1 1-4 Family Rider VA Rider Biweekly Payment Rider Other(2) [specify] "applicable Law" means all controlling applicable fedetal, stale and local statuses, regu atmos and administrative rales and order (at have fhe effect of fan) as well at all apple foal, ‘non-appealahle. judicial opinions, GD "Commumrity Association Dues, Fees, and Anvesments” means all dues, fees, assessments and other charges that ae imposed on Borrower or the Property by a condominium association, homeowners associadion or similar organization. OK) "Electronic Funds Transfer™ means any transfer of funds, other than a transaction originated by check, draft, or sinilar papex instrament, which is initiated through an electronic terminal, instrument, computer, or magnetic Jnagnetc pe so a8 to order, instroct or authorize financial instintion to debit or credit on ‘account, Such term includes, but is not limited to, point-of-sale transfers, sulomated teller machine , Tansfers initiated by telephone, wire transfers, and antomated clearinghouse transfers. (L) "Escrow Items" means those items thal ae described in Section 3, (M) “Miscellaneous Proceeds" means any compensation, ton seliement, award of damages, of proceeds pad by any third party (other than insurance proceeds paid under the coverages in amaze to, or destocton ofthe Propet: (@ gendemnation or other king of al oF amy pat of te Propet {conveyance o Hen of condemnation ; OF (iv) mistepresentations of, or omissions as to, the value and/or condition of the Property. {80 !Mortgage Ingarance” means insurance protecting Lender against the nonpayment of, or default on, the (O) "Pertodic Payment” means the scheduled amount due for (i) principal and interest under the Nota, phus Gi) any amounts under Section 3 of this Security Instrument. (F) "RESPA™ means the Real Ese Seiilement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 CPR, Part 3500), as they might be amended from time 10 tkme, cor any pdditional or successor legislation or regulation that governs the same sabject matix, Ag used in this Secudty Instrument, "RESPA" refers to all requircmonts and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify a8 a “federally related moxtgage loon" under RESPA, Benacon) (0105.01 Page 20118 LLG Form 3036 1/04From: unknown Page: 10/27 Date: 6/23/2008 12:23:57 PM os HER acre FPR 2 g25 ospy CARPENTER 2 2a COUNTY, EF COURTS (Q) “Snccessox in Interest of Borrower” means any parry that had taketh tie to the Property, whether of not that pamy has assumed Borrower's obligations under the Note and/or this Security Instrument. ‘TRANSFER OF RIGHTS IN THE PROPERTY mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) nd to the successors and assigns of MERS the following described property located in the coUNTY of BUTLER : {type of Recording Serindiction) [Nurse of Recording Susidiction) ‘Situate In Seotion 28, Town 3, Range 2, Ross Township, Butter County, Ohio and being described as: Lot 336 of Dry Run Estates, Section Eight, recorded In Plat Envelope 2328 A&B, Butler County, Ohio Recorder's Oilice. Parcel 1D Number: 4620-081-000-013 which curently has the address of 3058 ROBINA LANE [Street) BAMILTON [Ciy], Ohio 45013 ip Code} (“Property Address"); TOGETHER WITH ail the improvements now of horeafier erected on the property, and all. easemems, Appurtenances, and fixtures now oF a pact of the 7. All replacements and additions shall also ‘be covered by this Security Instrument, All of the 4s referred to in thix Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only Jegal title to the interests granted by Borrower in this Security Instrument, but, if necessary to ‘with Jaw or custom, MERS (as nominee for Lendler and Lendes's saccessors and assigns) has tho right: to exercise any or all of hase interests, inchiding, ‘bat not limited to, the right to foreclose and sell the Property; and 10 take atty action required of Lender inclading, but not limited to, releasing and canceling this Security Instroment. BORROWER COVENANTS that Berrower is lawfully seised of the esta: hercby conveyed and has the right to mortgage, grant and convey the Property and that the is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the tide to the Property against all claims and demande, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by judsdiction to constitute a uniform security instrument covering real property. 978531-2 sane LLG. FBP-sA(OW) j0100.01 Page act is Form 3036 4/01 etyarrears From: unknown Page: 11/27 Date: 6/23/2008 12:23:58 PM Lenenaaeni om 596 2329 provided any such check iy drawn upon an institution whose deposits are invwred by a federal agency, Tomeng a teen soxived ct - me ' ase received by Londer when received at the location the Now such other location a¢ may be designated 6 Canter accordance wid) be noses os vaions i Section 15. Be rear Lea ay ses ay Dejrcor pel payne euler we Lash cue . any or ment 10 bring the Loan current, tvibowt waver of any righ Weroarder Of prepuce 19 Rights to refuse such peymeat or partial payments in ‘balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which inclndes a sufficient amount to pay any late charge due, the payment may be apptiod to the delinquent payment and the date charge. Jf moro than one Periodic Payment ia outstanding, Lender may apply any payment received from. Borrower to the repayment of the Periodic Payments if, and to the extent that, cach payment can be paid in fll, To the extent that any excess exis after the payment is applied to the full payment of one or mars Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then at described in the Note, Any applis ‘of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the ‘Note shall not extend or postpone the duc dase, or change the amount, of the Periodic Payments. 3. Funds ‘Teems. Periodic Pay ‘Payment the Note, uni the Note is paid in full, a sum (the “Funds") to provide for payment of ansounts due for: (a) taxes and assessments and other items which can aitain priority over this Security Instrument as a tka of ‘encumbrance on the Property; (b) Keaschold payrmenis or ground rents on the iF any; (c) premiums foe any and all insurance required by Lender under Section 5; and (4) Mongage insurance premiums. if any, or any sums by Borrower to Leader in licu of the 1 of Mortgage Insurance promiumss in accordancs ‘the provisions of Section 10. These items are ci “Escrow Isems." At originadon on at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and 978531-2 sits BP vACOH 10408) 0+ Pago eotie 6 Form 3036 4/04TTT, From: unknown Page: 12/27 Date: 6/23/2008 12:23:58 PM Assessments, if any, be escrowed by Bomower, and such dues, feas and osssasments shall be an Escrow Item, t0 Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Funds for Eecrow Items unless Lender waives Borrower's obligation to pay the Funds y 3 (0 pay to Lender Funds for any or all Becow Teas at any tne. Any sch may only be in ;. In the event of such waiver, Borrower Loan Bank. Lender shall apply the Fonds w pay the Hecrow Iteme no later than the dime specified under RESPA, Lendet shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow ics, unless Lender pays Borrower inerest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing ar Applicable Law requires interest to be paid on the Funds, Lender shaB not be required to pay Borrower any interest or earnings on tho Funds. Borrower and Lender can agree in writing, however, thal interest. shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by "A. IF there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall noiify Borrower as required by RESPA, and Borrower shall pay to Lender the amoum necessary to make up the in accordance with RESPA, but in no more than 12. monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lendes shall polify Borrower as required by RESPA, aad Borrowes shall pay to Lendor the amount necessary to make up the defictency in accordance with RESPA, but in no more than 12 monthly payments, ‘Upon payment in ful of all sums secured by this Security Instrument, Lender skall proraptly refund to Borrower any Funds held by Lender. 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and atuivoble to the Proper which can aan pry over tis Stray asm, eschold paymens ground rents 08 the: any, aad Community Association Duss, Fees, and Assasuments, if any. Brat tiat these ene re Escrow Nem, Boetovrer shall pay them bv ke mater provided in Section 3. Borrower shall pomply charge any Hon which has prety ove tia Sera Lasoument ues Borrower: in tothe the obligation secured fen in a manner acceptabl (eae as Besowes a performing nah Zgrecment (0) conieas the in in good faith by, o= Lender, but only so long as. 2 defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforeement ofthe Tien while those proocedings me pening. bat only wnt oct cdings we conchuded, or (c) secures from the holder of the licn an agreement w Lender the licn to this 978531-2 Beccom {9408.01 Pages otis nse HA Form 3008 1/01 Ctr WIER TY RTSerrors nrencnccnccaacaaacaaaaaaaal From: unknown Page: 13/27 Date: 6/23/2008 12:23:59 PM NRO RUUD 546 2 325 BK: 7767 PG: 2008 CRY ai abies somites by insurance poli Lender and renewals of such policies shall be subject to Lender's right to Soci poles, shall cade a sont soorgegs clans and Shall tame Lai ne mortgagee. ‘88 an additonal Inss payee. Lender shail have the right wo hold the policies and renewal centificales. If Londer requires, Borrower shall prompily give to Lender all receipts of paid iums and renwal nonce. if Borower cbains any frm of insurance coverage, not otherwise requred by Landet, dumage or destruction of the Propeny, such policy shall ioclude 8 sender morgage clause and shal ‘a8 an additional loss payee, In the cvcat of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promply by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be orld to remoraion o« ropa of the Property, if he ratoraon or rept feasible ond 7 aan a a 's security is not lessened. During such repaix and restoration peciod, Lender shall have the sight to hold such insurance Lender has opportunity 10. ‘such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken Lender may disburse procesds fox the repairs and restorauon in a sis or ina series of perme as the wont is completed an agreement ts made in writing or Applicable Law requires terest to be paid on such insurance proceeds, Lender shall not be to pay Borrower any interesl or eamings on such proceeds, Fees for public adjusters, ot othex third a by Bomower shall not be 978531-2 [OH) joaps) 0+ Page 6 ot 10 ton: Form 3036 1/01 BQeAON) coo0ey 0" "ot LER ERK 0 oRRPENTER COUNTY.EE From: unknown Page: 14/27-—-Date: 6/23/2008 12:23:59 PM inaccurate information or ‘in connection wlth the Loan, Material representations inchide, but 2x not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal 9. Pratection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) honower false pester te sorseant and egrosmov soniind in a Sexarhy nersnent (0) there a legal proceeding that might signi affect Lender's intezeat in the Property and/or sights under this, Security Instrument (such a3 a in bankrupicy, probate, for condemnation of forfeimrc, for enforcement of a Hen which may attain priority over this Security Instrument or to enforce laws or regulations), of (c) Borrower has abandoned the thea Lender may do und pay for whatever is reasonable or appropriate wo protect Lender's interes, Ee Propeny aod sighs under iis Seu Instrument, inclodhn; ing protecting and/or assessing value ‘Property, securing and/or i the Property. Lender's actions can include, but are. not lintited 10: (a) paying any sume secured by a lien whi haa priority over this Security Instrument; (b) appearing in court; and {c) paying reasonable attorneys’ fees 10 978531=2 Anat: Bpeacon, 0a05)0% Page? of 10. Gita Form 3939 1/01From: unknown Page: 15/27 Date: 6/23/2008 12:23:59 PM | HUERTA: BK: 7767 PS: $8 g 06 2825 Any amounts disbursed by Lender under this Section 9 shall become secured by this Security Instryment, These amounts shall bear interest at the Note tate from the date of @isbarsement and shall be payable, with such interest, upon notice from Lendex to Borrower requesting payment. Hf this Security Instrument ia on a kasehold, Borrower shell comply with all the provisions of the lease, i aarowe! eis fr ato Popeye etl ee ies ed mee an Lader 19. Mortage Lauran Lane gin Morggs Ines 5 «conn of making te Loss, Borrower shail pay the premiums require 1 maintain the Insurance in effect. If, for any reason, the Insurance Jinsurer that ‘between i ‘Law. Nothing in this Section 10 affects Barrower's fion to pay interest at the rate provided in the Note. ‘Tnswruoce reimburses Lender (or any entity that patchases the Note) for certain tosses it may incur if Borrower docs not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. insurers evalnats their total risk on all such insurasice in force from time to time, and may on srs en eondton tht ae safemry othe morgage ins and the ober party (or pated) 0 thse agreements. These agreemeats may require the insurer t0 make payments using any sousce of funds that the motgage ineurer may have availble (Which may include fondo Obama iret Mortgage Insure prenkyms). ‘AS a cesult of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affitinis of any of the foregoing, may receive (directly or indirectly) amounts that darive from (or might be characterized as) a partion of Borrower's payments for Mortgage Insurance, in exchange for sharing of modifying the mortgage insutez’s risk, or reducing losses. If guch agreement provides that an 978531-2 yon ovonr01 Page oto AS Form 9038 1/04ea From: unknown, Page: 16/27 Date: 6/23/2008 12:24:00 PM ERA ANA = BK: 7767 PGK G 06 2 325 alfiliate of Lender takes a share of the insurer's risk im exchange for a share of the praminms whe ‘ ch Paid feasibis ‘Proceeda shall be applied to the sams scoured by thin Security Instrument, whether or not then with the if ‘Such Misceliansous a Proceeds shall be applied in the order provided for in In the ¢vent of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds: shall be applied to the sums secured by this Security Instrament, whether or not then dut, with the excess, if, oF loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this 978631-2 ZBsAcorn ouos 01 by the amount of tho Miscellaneous Proceeds multiplied by the Page serie Aba Form 3038 1/01Ra From: unknown Page: 17/27 Date: 6/23/2008 12:24:00 PM HARE w ¥ BK: 7767 PG: 9H 0 gg YG 2825 cInDY CARPENTER COUNT GuRK OF OF COURTS ‘Lender's interest in the Property or rights under this Security Instrument. The proceeds af uny awerd or claim for damages that are attributable to impairment of Lender's intereat in the Property ae hoeeby aesigned All Mispellancous Proceeds that are not applied to restoration of repair of the Property shall be applicd in the order provided for in Section 2. 12, Borrower Not Released; Forhearance By Lender Not a Waiver. Extension of the time for payment ox modification of amoxtization of the sums secured by this Sccurity Instrument granted by Lendec to Borrower or any Successor in Interest of Bosrower shall not operaie to release the liabibty of Bocrower or limitation, Lender's acceptance of payments from third persons, entities or Successors in Tre of rome oi sous es han he oun hea dt, shall not be @ waiver of or precinde the exescise or 13, Joint and Several Lsbhity: ¢ Coctiguers; Successors and nd Assigns Bound, ‘Borrower covenants and agrees thot Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not axecuto whe Note (4 "co-signer"): (a) is co-signing this nstroment onty to mortgage, grant and convey the covsigner’s interest in the Property under che terms of this Security Intramenk () 8 not personally obligated to pay the sums secured by this Security Instrument; and (©) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any fecomnmodations with regard 10 dhe terra of is Security Insaument or the Now without the co-signer"s ‘Subject to the provisions of Section 18, any Successor in Interest af Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under dhis Security Instrument. Borrower shall not be released from Borrower's obligations an lisbiity under tis Securry Insrument micas Lender ngrees to auch release io ‘covenants and agreements of this Socurity Instrument shail bind (except as provided in Section Sp and benoit te messed seagns ob Lender 14, Loam Charges. Lender may charge Borrower fees for services performed in connection with Borrower detauh, For ha purpose of prokedng Lenter’s ises mthe Property and ghts we Urs ‘Security Instrument, inchuding, but not limied to, atlomeys" fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Insmmument to charge specific feo. 0 Borrower shall not be constraed as a prohibition on the chargin; of such fee. ‘Lender may not charge fees that aro expressly probibited by this Security Tnstrumemt or by Tae ans swap ta lw cheat mavinam ean eres a ht wi We be eet o Tan Carper Cond ero be colle a canecina wi fe Lan exir Be Tape tat any sa ay ed fom baror wi atoe peried f to le permited limits and (6) any sus away cols from Parower Which eo the Note making 0 direct payment to Borrower, If @ refund reduces principal, ener’ ‘weaed 24 Darel prepayment ‘without any prepayment charge (whether or not a prepayment charge is 978531-2 wwwx: Md, QBZALOH) coron.o1 rage 190619, Rb Form 9008 1/01———— From: unknown Page: 18/27 Date: 6/23/2008 12:24:01 PM me“ Bk: 7767 PG: 800 8 2825 aca anes OF COURTS Provided for under the Note), Borrower's acceptance of an} such refund made by direct payment t Borrow vill conse a waver of any right of action Rorrower might have aring out af such avecheres, * . 15. Notes. All nos given by Bottower ar Lender in connection wiht SecariyTetument mas be in writing. Any notice to Borrower in connection with with this Security Instrament shalt be deemed to have i agreement provision oc clause of hie Security Insmument or the Nota conflict with Applicable Law, soch confit sh ot affect other provisions of this Security Instrument or the Note which can be given effect without the ting provision, As used in this Security Instrament (a) words of the mascutine gender shall mesn and inchds corresponding neuler words or ‘or words of the feminine gender, (b) wards in the singular shall mean and inclade the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation bo take any action. {Borrower's Copy: Bomower shall be given ote copy ofthe Note and ofthis Security Instrument "In eavin te Property" toga of beneficial 5, Aeating, but note hs “Interest in the * means any or fiver in be Proper, in bout not Timited to, those beneficial intarests transferred in a bond for deed, contract for deed, installment sales conmact or escrow agreement, the inent of which is the transfer of titts by Borrower at a future date to & purchaser. Jf all or any part of the Property or any Interest in the Property is sold or transferred (or if Bossower is tot a uatral person and a beneficial Sakerstin Borrower ls sold or transferred) without Lenders prior wrinen consent, Lender say require immediie popmen in ful of ll suns soured by this Seeuiy lasmanen ‘However, this option shall not be exercised by Lender if such exercise is prohibited by Tf Lender oxercies this option, Lender shall give Bomower none of soocheetens The nate shal ‘provide a petiod of not less than 30 days from the dave the notice is given in accordance with Section 15 thin which Harrower rast pay ll runs secured by wis Secuty Instomen. If Borower fala to pay these Fa Bar fo the expiration of this Period, Lender may invoke any remedies permite by this Security Instrument without further notice or demand on Borrower. 9. ‘Borrower's Right to Relasiaie After Acedleration, If Borrower meets certain conditions, Bozower shal ve the gh have enforcement of this Security Instrument discontinued st any time priar 0 the earliest of: (a) five days before sale of the Propesty pursuant to any power of sale contaived in this ‘Secerity Instrument, (b) such other period as Applicable Law might specify Sor the termination of Borrower's: Fight 0 reinstate; or (c) enmry of a judgment enforcing this Security Instrument. Those conditions are that 978531-2 nats: fe. BAA own Page syotse Form 3098 1/01ea From: unknown Page: 19/27 Date: 6/23/2008 12:24:01 PM 2925 BK: 7767 PG: & CINDY CARPERTER ER COUNTY ERK OF COURTS Borrower: (a) pays Lender all sums which then would be due under this Secotity Inctrument and the Note 2s if no scosleraion had occurred (b) cures any defaalt of any other covenants or agreements, (¢) pays all expenses incurred in enforcing this Security Instrument, including, but not kmited to, reasonable attomeys’ fees, property iaspection and valuation fers, and other fees incurred for the purpose of protecting Lendes’s ‘intervat in the Property and nights under this Security Instrument; and (4) takes such action as Leader may Teatonably require to assure that Lender's interest in tho Property and rights undar this Security Instrument, and Borrower's obligation wo pay the sums secured by this Security Instrument. shall contimie. unchanged. ‘Lender may require that Borrower pay such reinstitement sums and expenses in one ar more of the following forms, as selected by Lender: (8) cash; (b) money ordes; (c) certified check, bank check, treaeurer's check or ‘cashier's check, provided any such check is drawn upon an mstinution whase deposits are insured by a federal agency, insrumentatity or entity; oF (d) Electronic Punds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured bezeby shall remain fully effective as if no acceleration had Occurred. However, this right to reinstate shall not apply ia the case of acceleration under Section 18, 20, Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note of a partial interest in the Note (together with this Security Instrument) can be sold one or mote tines without prior notice to Borrower, A sale right result in a change in the entity (known as the “Loan Servirer”) that collects Periodic Payments due under the Note and this Security Iostrument and performs other martgage foan servicing obligations under the Note, this Secetity Instrument, and Applicable Law, There also might be one ot mare changes of ‘the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be siven written notice of the change which will ststo the name and uckircas of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a noxive of mansfer of servicing. If the Nove is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgnge loan servicing obligations to Borrower will remain with the Lom Servicer of be transferred to a successor Loan Servicer ond are not assumed by the Note purchaser unless otherwise provided by the Nove purchaser, Nekther Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party’s actions pursuant to this Security period which must lapse befare certain action can be taken, hat time period will be deemed to be reasonable for purposes of this ‘The notice of acceleration and opportunity t0 curo given to Barrower pumsuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to Satisfy the notice and oppormusity to take corrective action provisions ofthis Section 20. 21, Huzardong Substamces, Aa used in this Section 21: (a) “Hazardous Substances" are those substances defined ss toxic or hazardous mbstances, pollutants, or wastes by Environmemal Law and the following substances: gasoline, kerosene, other flammable or tuxic petralcam products, wzic pesticides and means a condition that can cause, contribute to, or otherwise trigger an Environmental Clemup. 878531-2 fe. Inmtale: A& Form 3038 1/01 Sq_ercony tos0e).o1 Page x2 0115From: unknown Page: 20/27 Date: 6/23/2008 12:24:02 PM. CA BK: 7767 PG: 698 Borrower shall not cause or the f ter =~ ae gus Signs on ot ts Be epee ‘nor allow anyone 1 do, anything affecting the that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) Tien ie © the Presence, use, or release ofa the Property (including, but not limited to, ‘in consumer products), Borrower ‘prompity give Leader written notice of (a) any investigation, demand, lawsnit or other action by any governmental or ee Reale pery in Havardous Subsance or Environmental Law af which Barower actual knowledge, (b) any Environment ji any i release of any Hazardous Substance, and (c) any condition caused by the presence, tee or release of a Hivardous Substance which edversety alfexis the value of the Property. If Basrower learns, or i notified by eeeemmental or reguistory authority, or any private perty, that any removal or other semnediation of any Hazardous Substance alfecting the Property is necessary, Bortowes shall promptly take all remedial actions in accordance with Environmental Law, Nothing herein shall create any obligation an Leteler for an Environmental Cleanup, NON UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies, Lender shall glve notice to Hocrower prior to accelaration following Bocrower’s breach of any covenant or agreitnent im this Security Instrement (but not prior (o acceleration under Section 18 unless Applicable Law provides otherwise), The notice shall specify: (a) the defwolt; (b) the action required ta rnre the defalt; (c) 9 data, not leat than 30 deys from the date the notice ia given to Borrower, by which the defauX must be cared; and (d) that fallure t cere the defoott on or before the date specified in the notice may result in acceleration of the guts secured by this Secarity Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall right to afier acceleration and 23, Release. Upon payment of all sumia secured by this Security Instrument, Lender shall di this Security Tnssrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for eleasing this Security Instrument, but only if the fee ts pald to a third party far services rendered and the charging of the fee is permitted under Applicable Lav. 24, Certain Other Advances. In addition to any other am secured hereby, this Security Instrument Shall slso secure the unpaid principal balanco of, plus scored imesest on, any amount of money loaned, advanced or paid by Lendes to or for the account and benefit of Borrower, after this Security Instrument is delivered to ond filed with the Recordes’s Office, BUTLER County, Ohio, for recording, Lender may make such advances in order to pay any real oststc taxes and ‘ssegoments, insurance premainms plus all other costs and expenses Incurred in comnection with the operation, Protection ar preservation of the Property, including to cure Borrower's defaults by making any such 578531-2 nal; yi ES Bz oA(O4 cor00).01 Page 13-0116 Form 903s 101 wW 2008 06 28: chi’ CARPENTE: BUTLER COUNTY CLERK OF COURT!From: unknown Page: 21/27 Date: 6/23/2008 12:24:02 PM BK: 7787 PG: 599 6 282 5: LING» ¢ abr: tpn . . i, tf ACA vv 508 9 payments which Botrower should have paid as provided in this Seourity Instrument, it being intended by this Section 24 t acknowkdge, affirm and comply with the provision of Section 5303.23 of the Revised Code of Ohio, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Socurity Instrument and in any Rider executed by Bouower and recorded with it. Wisnesoes: hi (Seal) BOLDYE R GROEW “Bomrower —_— (Seal) MA GROEN “Borrewer (Seal) (Stal) Borrower Bocrower (Seal) | (Seal) “Borrower Borrower (Seal (Seal) Borowet “Borrower 978531~2 BY onCo1H 1oH.0» Page ta 0838 Form 9090 WotFrom: unknown Page: 22/27 Date: 6/25/2008 12:24:03 PM LAER BK: 7767 P@: goo “g 20 08 06 269 SIND we § BUT CARP EY, uv STATE OF OHIO, HAMILTON countyer SL Epe! “e couNy ER “This instrument was acknowledged before me this 28th = dayof June, 2008 " Cour. GOLDIE R GROEN = & AARON A GROEN, wife and husband. My Commission Expires: ‘This VICKE YOUNG The Huntington National Bank 978831-2 7 EA oAoHN covosi01 Page 19198 Form a0ae 4/04pec . June 23, 2008 ‘ad 28 29 . 06 a 2908 - F iLED ae CRN 200 tlt “pull ¢ cour reabte SEN 2 PA CURT OF COMMON PLEAS CLERKS hid so -PENTERITLER COUNTY, OHIO SSTLER COUNTY GieRK oF COURTS pRAECIPE Chase Home Finance LLC PLAINTIFF CASE NO: Goldie R. Groen, et al. DEFENDANT Please issue a Residential and/or Personal Service of Summons on the Complaint via Court Appointed Special Process Server Legalex, Inc. Goldie R. Groen 3058 Robina Lane Hamilton, OH 45013 Aaron A. Groen 3058 Robina Lane Hamilton, OH 45013 Butler County Treasurer 315 High Street, 10th Floor Hamilton, OH 45011 Steven L. Sacks Ohio Supreme Court No. 0075980 Attorney for Plaintiff Lerner, Sampson & Rothfuss 120 East Fourth Street, 8th Floor Cincinnati, OH 45202-4007 (513) 241-3100 (513) 241-4094 Fax email@lsrlaw.com "AMAL LA AA LSR200830758D579P1300C9LERNER SAMPSON & RorHruss A LEGAL PROFESSIONAL ASSOCIATION 120 East Fourth Street, 8th Floor - Cincinnati, OH 45202-4007 Phone (513) 241-3100 - Fax (513) 241-4094 June 23, 2008 Butler Clerk of Courts Court of Common Pleas Government Services Center 315 High Street 5th Floor Hamilton, OH 45011 IN RE: Chase Home Finance LLC -vs- Groen, Goldie R. LS&R No-? 200830758 Dear Sir or Madame: Enclosed are the original and multiple copies of a Complaint for filing. Please file the original and return one (1) time-stamped copy in the enclosed self-addressed, stamped envelope. Also enclosed please find our check in the sum of s600 for the filing fee. This filing was sent and received by overnight shipping because of the time sensitive nature of these enclosures. Pursuant to Revised Code Section 2303.08, please endorse today's date (the date received) as the filing date and process this filing. Thank you. very truly yours, LERNER, SAMPSON & ROTHFUSS Steven L. Attorney at Law SLS/bks Enclosures