Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
OB581 - C21
201327891
(bh)
COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Fifth Third Mortgage Company
c/o Fifth Third Bank
5001 Kingsley Drive
MD MOBBW
Cincinnati, OH 45227
COMPLAINT IN FORECLOSURE
Permanent Parcel No.
010-077235-00
Plaintiff
vs.
'
I
'
I
'
I
'
I
'
Ruth H. Hoffman aka Ruth Hoffner |
116 North Westmoor Avenue '
Columbus, OH 43204 |
Michael S. Hoffner |
116 North Westmoor Avenue I
Columbus, OH 43204 \
Franklin County Treasurer
373 South High Street 17th Floor ,
Columbus, OH 43215 I
'
|
Defendants.
COMPLAINT
COUNT ONE
1. Plaintiff is in possession of, and entitled to enforce
a note executed by the defendants, Ruth H. Hoffman aka Ruth
Hoffner and Michael S. Hoffner. A copy of the note is attached
hereto as Exhibit A.
LSR201327891D157P1300C9OB581
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
- C22
2. Defendants defaulted under the terms of the note, and
plaintiff has performed all conditions precedent to acceleration
and has accelerated the debt.
3. There is due to plaintiff from the defendants, Ruth H.
Hoffman aka Ruth Hoffner and Michael S. Hoffner, upon the note,
the sum of $97,653.40, interest at the rate of 6.1250% per year
from August 1, 2013, and as may be subsequently adjusted
pursuant to the terms of the Note, plus court costs, advances,
and other charges as allowed by law.
COUNT TWO
4, Plaintiff incorporates the allegations of Count One and
further states that the aforesaid note is secured by a mortgage,
a copy of which is attached hereto as Exhibit B, and that said
mortgage constitutes a valid first lien upon the real estate
described therein.
5. The mortgage was filed for record on December 18, 2006,
in Instrument No. 200612180250100, of the county recorder's
records. The Master Mortgage containing the terms and conditions
in
of the said mortgage was filed for record on
Instrument No. 200405280123440, of said County Recorder's
records. A copy of said Master Mortgage is attached hereto as
Exhibit C. The conditions of defeasance contained therein have
been broken; plaintiff has complied with all conditionsOB581
cgganttin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
precedent; and plaintiff is entitled to have said mortgage
foreclosed.
6. Plaintiff says that the defendant, Franklin 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,
Ruth H. Hoffman aka Ruth Hoffmner and Michael S. Hoffner, in the
amount of $97,653.40, together with interest at the rate of
6.1250% per year from August 1, 2013, and as may be subsequently
adjusted pursuant to the terms of the Note, plus court costs,
advances, and other charges, as allowed by law; that plaintiff's
mortgage be adjudged a valid first lien upon the real estate
described herein, and that said mortgage be foreclosed; that said
real property may 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 otherFranklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
OB581 - C24
defendants herein be required to set up their liens or
interests in said real estate or be forever barred from asserting
same.
/s/ Jennifer Schaeffer
Jennifer Schaeffer, Trial Counsel
Ohio Supreme Court Reg. #0084893
LERNER, SAMPSON & ROTHFUSS
Attorneys for Fifth Third Mortgage
Company
P.O. Box 5480
Cincinnati, OH 45201-5480
(513) 241-3100
(513) 241-4094 Fax
(877) 661-7891 Toll Free Fax
attyemail@lsrlaw.com. . Franklin County Ohio Clerk of Courts of the Commorfe Me) b j 2:01 PM-14CV000540
OB581 - C25 ty ibitoA,
EREBY CERTIFY THAT
THIS ATRUE AND CORRECT
COPY OF THE ORIGINAL
20
NOTE
December 08, 2006 Columbus onto
= eo) [State]
116 N Westmoor AVE
Columbus, OH 43204
{Property Address}
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S. $109,500.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is Fifth Third Mortgage Company
I will make all payments under this Note in the form of cash, check or money order.
{ understand 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. | will pay interest at a yearly
rate of 6.125 %.
The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
1 will pay principal and interest by making a payment every month.
| will make my monthly payment on the 1st. day of each month beginning on February 01, 2007 | will
make these payments every month until | have paid all of the principal and interest and any other charges described below that 1
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 January 01, 2037 ; I still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date.”
| will make my monthly payments atP.O. Box 170, Cincinnati, OM 45263-0170
or at a different place if required by the Note Holder.
{B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 665.33
4. BORROWER'S RIGHT TO PREPAY
| 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 1 make a Prepayment, [ will tell the Note Holder in writing that | am doing so. 1 may not designate a
payment as a Prepayment if ] 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 | 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.
MULTISTATE AXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 32
Wolters Kluwer Financial Services .
VMP 8-5N (0207}.02
Page t of 3 ~Franklin County Ohio Clerk of Courts of the Common Pleas- 4014) 4arRt?:BERNEVAGEMQ005 40
OB581 - C26 THIS IS A TRUE AND CORRECT
COPY OF THE ORIGINAL
5. LOAN CHARGES.
If a law, which applies to this loan and which sets maximum loan charges, is fi
foan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
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, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000% 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 | 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 | 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 | 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 attorneys’ 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 give 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 | 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
I 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.
VMP ®-5N (9207).02 Page 2 of 3 ty< Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
* OB581 - C27
10. UNIFORM SECURED NOTE .
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this
Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full
of all amounts | owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not 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 ali 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 permitted by this Security
Instrument without further notice or demand on Borrower.
| HEREBY CERTIFY THAT
THIS IS A TRUE AND CORRECT
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. nee, oF WR ere:
ut rdf? ws thbagl Hifi.
~ uth Hoffner ry -Borrower Micheal S$ Hoffner ~Borrower
(Seal) (Seal)
-Borrawer -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
{Sign Original Only]
VMP ®-5N (0207) 02 Page 3 of 3 Form 3200 1/01ao inkljp. County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 ~
VoBseH TL RES BT
PAY TO THE ORDER OF
FIFTH THIRD MORTGAGE COMPANY
LHEREBY CERTIFY THAT
THIS IS A TRUE AND CORRECT
OPY OF THE ORIGINAL
Det EDPage: 10/13 = Date: 12/20/2013 11:55:57 AM
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 (I
0B581 - c29 ty B ExXABICB
ms HER
z pope l2 ie
[Bielagesss-toen_ anicen Gra
‘poner
‘ FrGRCLiA county Rggenae
% Retin To;
Fifth Third Mor:gage Company
001 Kingsley Drive, MB:LMOB3A
Conelntats, Ohio «8227
[Space Above This Line For Recording Des]
MORTGAGE
DEFINITIONS.
‘Words used in multiple seationa of tls Zesumene ars doFined below and In the Master Mentgage Porm (aa herein
x ater defined},
(A) "Securiy Insromers” means this document, whieh is dated December OB, 2006 together with a1 Riders to
ts this document,
(a) "Borrower" is uth Hofther and Mickenl S Mofings busbar! and wife. Borrower isthe morigagor under
(is Seeurity lasiroment
{C)" Lender" \t FIFTH THIRD MORTGAGE COMPANY. Lender is a comporation organized and existing.
‘under the ws of OHIO. Lenders address ts 38 FOUNTAIN SQUARE PLAZA, CINCINNATI, OH 45263,
{2) ete! means th nomisory ae ned by Borrower and ded scene OB 2006. The Note seen
that Borrower owas Londer One Rundred Nine Thousand Five Bundved And Zergtiod Dollars (U.S,
108,500.00) plus interest. Borrower has promised :0 pay thi deb in regular Pevfodic Payments end to pay the
‘cebt in full nol later than January. 21,2037.
2) Prenety” means ih property shee ceveited below ner ie heading Trae of Rights ne
rraperty."
¢F) "cer" mean 2
‘unctor the Not
debt evidenced by the Note, plux interes, any prepayment charges and late charges cue
nd al! sums cue under this Sooty Ivserarmant, pes istaren
(Cy "Ridecs” means all Riders to this Security inétrament that ure exceated by Borrawer. ‘The follawing Riders
are To be executed by Borrower [check bor as applicable)
Tho Tan Grown Roy- Q
bof [] Adjustable Rate Rider []Condominiurn Rider {] Sevond Home Rider
oe {] Balloon Rider U)Planned Unit Development Rider [J Ied Family Rider
eos, TVA Rider
. _ a
/ Prue lof & omPage: 11/13 = Date: 12/20/2013 11:55:57 AM
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
0B581 - C30
‘TRANSFER OF RIGHTS IN THE PROPERTY
‘This Security fnstrument secures 10 Lender:
(QV the tepayment of the Loan, and all zenewale, extensians and modifications ef the Net
and.
5 {i the performance of Borrower's cavenants and agreements under this Security Instrucsent and the Note, Por thts .
* Ferpose, Borrower docs hezchy morigege, prent and convey to Lender the following dercribed property located in ,
the County of Franklin
Parcel 1D AL06079245.00 which currently bar the addrase of L1G M Wectrooe AVE, Calutibus, OH 43204 =.
('Propemy Address):
TOGETHER WITH all the improvements nov or hereafter crecccé oa the property, end al easomamis,
appurtenances, and fiures now or hereafter a part of the property. All replagcmants nnd additions shall also be
‘covered by this Secuniy insiruttent, All of the foregoing is cefesred to in this Security Instrument se cha “Property.”
MASTER MORTGAGE FORM:
AlLtorms of thar certain master momtgaze form ("Master Mortgage Form" recorded May 28, 2004 pursuant «0 Ohio
Revised Code section $303.15 la the office ofthe Franklin. County Recorder, trstruiient No . =.
‘OR, Book, nage _ by Filth Third Mortgage Company, by Stewart Groeniec. are by this reference incorporated 95
fully and tothe samme extent as f sot ford and contrined heroin
copy: ;
A copy of the Master Momigage Form has been farnished t6 tht torteator prior tothe execution ofthis Security
Insmiment and mongager hercay acknowiogges receipt of tre same by signing atthe end af ths inatrument.
CERTAIN OTHER ADVANCES:
sii Jn addition <0 any other sum secured hereby, this Security Instrument shall alsa soeure the upd principal balance
. ‘of plus accrue: interest on, any amount of money loaned, advenced ar paid by Leader to or forthe acecunt and
2 benefit of Serrower, after this Security Instrument is cetivered to nnd Filed with the Recorder's Office, Fesadlin
4 Ccunty, Onto for carding, Lender may make sach advances In order fo pay any real stave taxes ad ssesmmont, :
. insurance premiums ptvsall cthor costs and expenses incurred in connection withthe operation, pralcetion ot :
resersitign ofthe Property, including to cure Borrower's defoults by msking any such payments which Borrowers
Should have paid ws provided in this Security Instrument, f'n md comply with the provisions of Section
£30),239 of the Revised Code of Ohio.
Page aot 4Page: 12/13 Date: 12/20/2013 11:55:57 AM
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
0B581 - C31
BY SIGNING BELOW, Borrower accepts and aurces to the terms and covenants comfaincd in this Security
Fantrument Ginchidiny, but not limited to the Mastar Nevigage Form) and in any Rider axecuted by Bocrewor und
recorded with ft. 1°for any reason the Master Mortgage Ferm shall notbe dacmtoé a pat ofthis Security
frstrameni, this three (3) page Insteumert, plus any Rider(s) and attached legal description shatl stand by itsel' ts &
é mortgage document, binding on Borrowerts) for the bonefe of Fifth Third Mortgexe Company, its successors anc
hati ped
th Hafner 5" Sean — (Sea
‘Vfecbacbds ; ~ eal) a ea)
. san semen ve can
Sea) . eat)
stareor Obie, County of Franklin
Onihis December 8, 2005 _ befaromoaNotury Public in are forsaid County and Staco, personally
sappeerni RU Hoflher and Micheal S Hadiner the incividual.s) whe executed the foregoing instrument amd
sii ack yowledge that he/she did examine and read the same and did sign the forcgaing instrument, nd thet ihe samme
hither free act and deed. (N WITNESS HEREOF, Fhuve heraunto set my hand and official soot
My Camtssion Exptees:
State of
‘This Invisument sas prepared by: FIFTH THIRD MORTGAGE COMPANY
38 FOUNTAIN SQUARE PLAZA
CINCINNATI, OHIO 48263,
Page dof 4Page: 13/13 Date: 12/20/2013 11:55:57 AM
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540
OB581 - C32
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
‘The legal description fbr the property located at; L1G N Westone AVE, Columba, 3.63204 Usa follows:
Peet roparty in the Cty af Columbus, County of Franklin, State of Ohle, and is described a¢ ratlows:
. Belng Lot Number Twenty-six (26), of NORFHVIEW ON 7H
= delineated upon the recorded plat thereat, oF recard in Pat Boe ve ga
‘ODITICN, as the same 13 numbered and
oe Chie.
‘at Book 15, page 47, Recorders Office, Franklin County,
10-077235-00
: ae "
i gator 4 :OB581
Fran!
C33
NOUN
200405280123440
per 4 4106.00 L7DDCGDED DD,
ohne Mer Pete
{Space Above This Line Kor Meearélng Pra] ————~
MASTER MORTGAGE FORM RECORDED BY FIFTH THIRD
MORTGAGE COMPANY
BY STEWART GREENLEE
DEFINITIONS
Words Used in multiple sections of shis Jacumen: are defined below snd orher farts. ate detined in
Sections 3, 11, 13. 18, 20 and 22. Certain cules regotding the wsage of words used in this document ave
also provided in Section 16
{Ay "Security Instrument” means this document, whien is dated Muay 1, 2004
together with ll Riders to this document,
(8) “Barrower” is
Borrower is ihe mungagor under this Sceuricy Instrument
{C) "Lender" is. FIFTH THIRD MORTGAGE COMPANY
4
Lender is 1 corporation organized and existing under the laws of OFNIO, :
t
\
y
t
OHO. Single Famiy-Fanele MaciFredete Mac UNIFORM INSTRUMENT form 3036 WO?
SOME 20081
payee
nklin County Ohio Clerk of Courts of the Commoner’, 2:01 PM-1 “evoonsEE SEE SE OOO
cg fanktin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005:
OB581 -
Lender's address is ay YOUN AIN SQUARE PLAZA CINCINNATI, OH 45263."
Lenuer iy the mongagee onder this Security Instrument.
1D) "Note" means the prontissary note siged by Borruwer and dated (month, day.
“The Note states that Romeower oes LEMME. anoun of lous)
jean
Detlars
WSS plus interest. Borrower has promised 10 pay this debt in teg:lar Periadic
Payments and to pay the debe in full not later than (month. year)
(8) “Property” means the propeny that is described below under the Reading "Transfer of Rights in the :
Property.”
17) “T.oan” means the debt evidenced by the Note, plus interest, any prepayment enartes and late charger
dus under the Note, ard all sums duc under this Secutity lstrument, plut interest
(C) "Riders® means att Riders to this Security Misirumem that are executed by Borrower, The tollowing
Riders ate :0 be executed by Borrower (check Box us applicable]:
Adjumable Rare Rides [_) Condominium Rider Second Home Rides
Balloon Rider Planned Unit Development Rider La] 1-4 Famity Rides
VA Rider (7 biweckty Payment Rider (J oiner(s {specity
(11) “Applicable Law" meant aff costeolling applicable federal, state ard local statutes, regulations,
ordinances and administrutive rules ane orders ‘that nave the effect Of law) is well as ath applicable Final. f
‘cn-appealable judivial opinions,
(1) "Community Association Dixs. Fees, and Assessments” means all dues, tees. asérssments and othe:
charges that are imposed on Borrower ur the Properly’ by ® condominium association, Remeowners
anvociation oF similae or
40) "Electronic Funds Transfer” means any wansfer of funds, oxher shan a uransaction otig
check. drali, or similar paper instrumen:, which is initested threagh 21 electronic terasinal, telephonic
Instrument, COMpUIET, OF Magnetic IPE S634 {a Order, instruct, uE authorize a Tinancial igstitativn 10 debit
‘of cred an account. Such yennt includes, tt is no! timited t0, point-of-sale transfers, awiornaied redler
wmachine transactions, wanfers initiated by telephone, wire trunsivrs, and auiumacd clearingtouse
eantlecs.
(K) *Eserow Stems" means those items that are described ia Sectivo 3.
(1, “Miscellaneous Proceeds" means any compensation, settiement. award of damag
‘by auty thitd party ether than insurance proceeds pid under the coverages Kescribed in Section 3) for: (0)
damage 10. ur desifuction of, the Property; (ii) condernaation or otnet taking of ull uy ary part of the
Propeny: Gif) conveyance in lieu of condemnction; or (iv) misrepresentations oF, of omissions as 10, the
value and/or conariton of the Propeity.
(1) “Mortgage Insurazeo" means Insurance pruteviing Lender
the Loan.
(X) “Periodic Payment® meas the regularly scheduled amount due (oF {i principal sid interest under the
Note, plus (i) any anmounts under Section 3 a1 this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U
implementing regulation, Reyulution X (24 C.F.R. Part 3500), as they might be amended from thre 1
time, az any additional ar succestat tezistation o¢ cegulation that governs the tame subject mater, At UseO
in this Security Instrument. "RESPA” refers co all requirements and restrictiuns that ate imposed in tegard
to a “iedetally related mongage toan* even if me Coun does not quality as u "tederally related mongoge
lean’ under RESPA, 1
OFM (4/04)
inst the aonpaymem uf, or deknta en,
Section 2601 et seq.) aad its
-@1OH) won vagy 2083 Form 3036 1:0EEE
opsei1 - cgganktin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV00054
i
AP) *Successuc in Interest of Borrower" means any party that has taken title to the Property, whethet or
‘not that pany has assuined Botrower’s obligations under the Note and/or this Security (nsthument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all conewals,
extensions and wnditizacions of che Note: and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note, For this purpose, Rorrower does bereby
mortgage, grant and convey ta Lender ihe following deseribed propeny lacated in the
(601 in Coucty name}
FRANKLIN: COUNTY
Parcel [D Number: (Parcel {D Number of Propesty) which cursently ag the address ot
(Sivect address, Ciy, State and Zip code)
(Propeny Address")
TOGETHER WITH atl ihe improveniems now or fereulicr crested on the property. and att *
easements, appurtenances. and fietures now or hereafter § part Of whe property. All reptacymments. and
auditions shall also be covered by this Security Instrument. AML ut the lurexoing is est
‘Security Instrument as the “Property.”
BORROWER COVENANTS that Borrower is lawtully seised of the estate hereby 2001
the rehe to momgiye. grant and convey the Property and that the Propedty
cumbrances of record. Barrower wastans and will detent generally the titly to the Propersy against all
claims and demands, subject @ any encumbrsaves oF record. ‘
THIS SECURITY INSTRUMENT combines unifonr covenums for national use and noc-unitornt
covenanrs with tinted variations by juriséiction to constitute a unitorm security insinsmear coverice real
ropetty,
UNIFORM COVENANTS, Borrower and Lender covenant and agree a8 foilo .
1, Payment of Principal. Interest, Escrow Hems, Prepayment Churgts, and [ate Charges.
Borrower shsil pay when due the pcincipst of, and interest on, the debt evidenced by the Note ant any
picpaymert charges and tate charges duc under the Note, Borrower shall alse pay fends for Escrow’ ems
pursuant 1 Soveion 3, Payments Jue under the Note and this Security Instrument shall be made ia U.S.
corency. How eset, if any check oF other insirument acceived by Gender a6 payment wiiler ihe Note or this
OHPAM (4108)
“610 Leniter may require.
Borrower's obtigativn to make such payments and to provide receipts shall tor all purpoées be Ueeited 10
bbe covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement”
is used in Section 9. If Borrower is obligated 10 pay Escrow lems cisectly, pursuant w a waiver, and
Borrower fails to poy the amount due for an Eserna Rem. Lender may cacicise its sights under Section 9
and pay such amount and Borrower shall then be obligated under Seetton 9 (0 regay tw Lender any suc
amount. Leader may ievoke the waiver 8s (0 any or sll Escrow Nemt #1 any time by 2 nutice given is
accordance with Section 15 and, upon such revoration, Borrower shall pay to Veacer all Funds. and in
such amounts, that ate then requlzed under this Section 3.
Lendet ray. 21209 sime, cllect and nol Furs in an amount (a) yuicien to permit Lender to apply
the Funds at the time specified under RESPA. and (D) sot ( caved the maxinnuin amolnt a lender can
require under RESPA. Lender shut) estimate ihe amourt nf Funds cue on she basis of current data and
reasonable estimates of expenditures of future Escrow ems or otherwise in accordance wits Applicabie
Law, -
The Funds shall be held in un institurion whuse deposits are ingurd by 2 cedetal agency.
inserumeatatity, or entiy (including Lender, W¥ Lender ty an insiutiva whose deposits are so insured) ut in
any Federal tlome Loun Bask. Leider shall apply uhe Funds t0 pay the Escrow ftemo no Ieter than the time
specified under RESPA. Lender shall got charge Borrower tor holding and applying tke Funes, annvolly:
analyzing the escrow account. or verifying the Escrow lterrs, unless Lencer pays Aorrower inietest on the
Funds and Applicable Law perries Lender ww make such 2 charge. Unless an agreement 8 made bn writing
or Applicable Law requites interest 10 be paid on the Funds, Lender shalt aut be required fo pay Borrower
‘any interest or eaemings on the Funds. Borrower and Leader can sgrce in writing, however, that interest
stat! be paid on the Funds. Lender shall give 19 Bortowe:, without che:ge, an emus) agcounting of the
Funds as required by RESPA.
Mf there is a surplus uf Punds held in exrow, as defined under RESPA, Fender shall acount 10 |
Borrower for the excest funds in accordagce with RESPA. I there is a shortage of Furds held in escrow,
as defined under RESPA, Lender shal! noilfy Borsuwer as required by RESPA, and Bo:rower shall pay 10
Lender the wsnouni necessary tu make up the shortage in accordance with RESPA, but in no more chan 12
raumihly payments. If there is a deficiency of Funds held in escrow, as devined under RESPA, Lender shall
ratify Borrower as required by RESPA. and Borrower shall pay 10 Lender the amuuni nevessazy to make
vp the deficleney in accuudance with RESP, but $n 29 more than 12 momhly payments.
Upon payment ft full of aff sums secured by this Security Insrument, Lender shall grompils refund
to Borrower any Funds hete by Lender. .
4. Chargest Liens, Borrower shat! pay lf raves. assessments, charges, fines. and imposisiuns
aniibutable to the Property which can attain privrity ovec this Security Instremert. Iwavchold payments or
ground rents on the Property, if sny, and Community Assiviaion Dues, Fees. and Assessments, ifany. To
the extent that these items ave Escrow ters, Borrower shall pay them in he Mannes provided in Section 3.
Borrower shall promptly discharge cay lien which has priority over this Securliy fistuesent enless
Borrower: (3) agrees in writing 10 the paymeat of ths obligation sevured by the fien in a manaer atveptsble
to Lender, but only 99 long ak Roriower is petionting such agreement: (b} contetts tbe fen in good faith
by. oF defends against enforcement of the lien in. legal proceedings which in {endet's opinion operate (©
Deven: the emfurcement of thy lien While those proceeitings are pending, Uut arty until such proceedings,
we coneludes: of (c) sevurea from the holder of the lien an agreement salistactary to fender subordina
the jien 10 this Security Instrument. 1f Lender determines that any pact af ine Propetty ts subjet 10 3
which can atta prlorily aver 01s Security Ins:rument. Lender may give Borrower 3 notice’ Wentitying the
rreaa (2104) {
{10H -pce8s taper Form 3015 100EE ,
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV00054
OB581 - C38
lien, Within 10 days of the dite on whick that nove is given, Borrower shall satisfy the lien or take one oF
‘mote of the actions sct forth ebove in this Section 4.
Lender may require Borrower 10 pay 3 one-time charge for a real esiate x veritication anwvor
repaing service ated by Lender in cermcction with this Loan.
$. Property Insurance. Borrower shall keep the iinprovememts now cxisting or hetvafier erected on
the Property insured aysingt toss by fire, hazards Inciuded within the tein “ewtended coversge,” andl any
other Aazards inclding. but not limited (0, canhguakes and Hoaus, the whieh Lender requires insurane
This insurance shall be misintained in the amoutts (including deductible fevets) and for the periods that
Lendet requires. What Lender nequiees pursuant 1 the preceding senwncer can change dreing the teem of
he Loan. ‘The insurance certier providing the insurance shall be choten by Borrower subject ty Lender's
right 10 disapprove Borrower's choice, which tight stiall rot be exercised enressonably. Lender may
feysire Borrower co pay, in connection with thls Lca,
determination, cenification and wracking services: ar {2) # one-time charge jor foul zuite determination
aad certification services and subsequem charges each time remappings or similar changes wey which
teasonably might affew such determtinstion of certification. Borrower shatl atsa de respunsipie for ihe
payment of ary fees Imposed dy the Federal Emergeuey Managerrent Agency in comiection with the
review of any ‘lood zone determination resitting from av objection by Berrowes
Wf Borrower fails to maimiain aay of the coverages described above, Lender may oblain insurance
soverage, af Lender's option und Botrower's expence. Lerder is under x0 Obligation to purchase any
panicelar type or amount of coverage. Therefore, such coverage shall Cover Lender, Dut mighi oF eight
01 prowet Bonurer, Borrower's equity in the Property, or dhe contents of the Property. agtins any tisk.
hazard or tlability and might provide greater or lesser coverage than was previously in effect. Harrower
acknowledyes that ihe cow of the insurance tov-tape so obtained might significantly exdeed the con of
insurance that Borrower could have obiained. Any amounis Uibutted by Lender under thid Section 5 thall
beconw sdditional debt vf Borrower secured by this Seenrty Jnsinumemt. ‘These amounts shat! bar interest
ai the Note raic Wom the date ef cisbussemen and shall be payable, wiin such interest, upon muxive from
Lender to Borrower requesting payment,
All inyurance policies reyuined Dy Lender and rencwais of such policies shall De subject « Lenier’s
right 10 disapprove such policies, shall inclcde a staidutd mostgage clause’ and shat name Lender 25
monigogee andlor as an additional loss payee. Lender shal) have We right to hold the pulicies and cenewat
ates. IF Lender requires, Borrower shall prompliy gite to Lender al receipxs of paid premiums and
venewal notices. Uv Borrower obtains any form of insurance coverage, not otbervrise teqaired by Lender.
toe damage 10. oF destruction of, the Property, such policy shall include a standard mortgage clause and
shall aarie Lender as mortgagee andor 2s a aetivional loss payee.
In the evens of hss, Borrower shall glve prumpt nutivs 70 the inserunee carrier und Lender, Leader
imay make proot of toss if not made promptly by Bormwer. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether Or not she underlying insuesnice was required by Lender. shalt
bbe applied co restoraticn 6¢ repuit Of the Property, ut the ces.orsilan ot Zepait is econermically reasible and
Lender's security is not lessens. During such repair and restoration period, Lendes shalt have the right ro
old seeh insurance procerds unt) Lender hos had an opporwnity to inspect such Properly tn ensure the
‘work has ocen completed 10 Leader's satistaction. provided thar such inspection shall be undertaken
promptly. Lender may disburse proceeds (or the repairs and restoration in a single payment or in a series
of progress payrrenis as the work is completed. Unless an agrexment is made 201 writing or Apptivably Law:
requires inverest to be paid on such insurance proceeds. Lender shall not be cequirat 10 pay Burruwe: any
Interest cr carvings on such proceeds, Fees for pubic adjusters. or aiher hint panics, rerained by
Borrower shall mut be paid our of the insurance procezds ard shall he the sole obligation of Bor:ower.
the restoration oF repsit is nat economically feasible or Lender's security would be lestcred. We instzanve
Heovecds shail be appticd (0 the suas scoured by this Security fasteement, whether uF nat then cue. with
‘OHMA! (4/041
61OM1 208. Farm 2036 1:01OB581
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005:
C39
EEE EEEEEEDEE'S=—O oo oO
de srces, If any pd to Borrower, Such isarance racers stall be applied in the ard provid for in
2.
“1? Borrower abandons the Properiy, Lender may file, egoiste and setie any atailable insurance
laine and related matters. If Borrower Joes not respond within 30 days 10 a aotice Fron Lender that the
fnsurance canier has offered (0 seute a claim, then Lender may negotiate and seve the claim. The 30-day
pericd will begin when the notice is given. In either evens, or if Lender oequires the Propeny under
Section 22 of olnerwise, Borrower nereby assigns 10 Lender (2) Dorrowcr's rights to say insurance
proceeds ia a8 amount not to exceed the amounts unpaid under the Note or this Security Insirument, and
(b) any other of Borcower's rights (other than ihe ight so any refund of uncarved premiums paid by
Borrower) under all insurance policies covering ihe Property. insofar a5 such rights are applicable to the
coverage of the Property. Lender may ust the insurance proceeds euher tn repair Or restore the Property ot
to pay amcunis unnaid under the Note or this Secarity Jasiaument, whether of not then de
6. Occupancy. Borrower shall occupy, establish, and ote the Propery a¢ Uorrower's principal
fesidence within 0 days after the execution of this Security Instrusemt and shal! contitbe to occupy the
Property a8 Borrower's principal residerce for at least ane year after the date of occupancy. unless Lender
otherwise agrees int writing. which conseat shall swt be unreasonably withtele, or unless extenuating
Circumstances exist which ate beyond Rawrrewer"s coma
7, Preservation, Muintenance and Protection of the Property: Inspections. Boirower shall nor
destroy, damage or impair the Property. allow the Property ww uetertoraie ot comuni’ waste on the
Property. Whether or nox Borrower is residing in the Propeny, Borrower shal! mamtsin the Property in
‘order 10 prevent the Propenty 8, Uniess it 1S
determined purssant ty Section 5 that fepait or restoration is not esunomically feasible) Borrower sal:
teomptly repair tne Propeny iy damage io zoid further detcrioration or damage, |i insurance of
sendernmation poceeds ae paid in eonner:ion with damage 0, or the king of, the Property. Borrawer
shall be rexpousible for repairing or reworing the Property only Wf Letdes ras released proceeds tor such
purposes. [Lender may disburse proceeds (0: the repairs and resicration In 3 single payment.cr in a series of
progress payznenis as the work #s completed. If the insurance or condermation pmicceds ae aot sulticien:
‘u sepair or testore the Property, Borrower is not relieved of Borrower's obtigation tor the eompletiog 0!
such repait of restoration,
Lender of HS agent may make reesonable cniries vpon and inspections oF tbe Propeny. TY it hat
reasonable cause, Lender may inspect the interior of she iumprovements on the Property, Sender shall give
Borrowes notice at the tine of oF pritr to such un interior inspection specifying such reasouible cause
8 Norrower’s Loan Applicativn. Sorrawer shall be in default if, during the Loan application
process, Uortowe? OF any petsons ur entities aching af the direction af Borrower of with Burrvwes"s
Knowledge or convent gave ma.crilly false, misleading. ve inaccurae imlormatiar. of stateimems oo Lends!
(or tailed to provide Lender with materia) intnrmaton) in connection with the foan, Material
lepresentations include, bur are roc Himited 20, representations concerning Borrower's accupancy of Ure
Property a Borvower’s principal residetce,
9. Protection of Lander’s Interest in the Property ond Rights Under shis Srevrity-Iistrement. OF
(2) Borrower fails w pertorm the covenants ant agtcemeats contained in this Security Insirurnent, (b) thers
is a legal proceeding mat might sigoiticantly atiec, Lendes's imerest in the Property and/or rights woder
(his Security Instrument (such 36 a proceeding in banknipley, prubate. for condemnation or torieiture, tor
enforcement af a lien whieh may actsin priority over shis Security Instrument et 1 enforce Lvs ur
). oF (¢) Borrower fas abandoned the Propeny, then Lender may do and pay far whasever ix
f appropriaic ‘0 protest Lender's interest in tbe Property and righis uncer this Security
lading peovecting endior atsessing the value of the Propeny, and secueins ancfar repatring
the Prepeny. Lender's activns eat fectude, but are not limived to: (a) paying any sumns secured by a {ten
which has priority over this Security Instrument: (b) appearing in coun: ae 1¢) paying tentonable
OHMIM {4/041
SOM) co9e send Fé 3038 09ES __ _
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV00054
0B581 - C40
‘atorneys’ fees to protect its interest in the Property and/or rights under this Securlty Ingram including
iS secured position in s Dankrupity proceeding. “Securing the Property Includes, Vuslis not
‘entering the Property to make repairs, change locks, replace of board up duvts and windows, drain water
ftom pipes, eliminate buiiding of onher coue violavions or dangerous conditions, and have utilities tumed
fon or off, Although Lender miay take a¢tion under this Sectien 9, Lender does aot have fo do so and is not
vader any’ duty or obligation ty 60 so, It Is agresd that Lender incurs no Tiabiity for not king any oF ull
actions authorized under this Section 9
Any amoums ¢isbered by Leader under shis Section 9 shall Devore additional debt of Borrower
sevured by this Security Instrument, These amouras shall bear inletest at the Note cae from the date of
Giaberseeent and shall be payable, wih such interest, upon vane from Lender w orrower reusing k
1 the provisions of the
HP this Sewurly tneiaiment '& on 9 leasehold, Bortunst aha comply with
¢ shall not merge Unless E
lease. II Borrower acquires fee title to the Propeity, the Feaschold ond the fee 1
lender agrees to the merger In iting.
20. Mortgage Insurance, If Lender reqited Monigage Insurance 35a condition of making the Loan,
Dottower shall pay the premiums required to msinisin the Morlguge Inserance In effect, 1, for ay reason, I
the Mortgage trauzance coverage required by Lender ceases to be available frem the moitgage insurer that
previously provided such inserance and Borrower wis reqaired 10 moke separately designated paymenis
foward the premiums for Mongage (nsueance. Borzower shall pay ihe premiums requited to obtain
coverage substantially equivalent 10 the Morcgage Insurance previously in effect, at a cos substantially
equivalent 10 the cost t0 Borrawer of the Morgage Insurance previously in etfeet, tom 3p altemate
mortgage inturer seleciet by Lender, If subsiandally equivalent Mortgage Insurance coverage is not
available, Borrower shall coniloue 10 pay 10 Ltider the aticunt of the separately: Uesignated payments chat
were ctig When Une insuraKce coverage cued to be in effect. Lender will accept, use and reiain ew -
paymenis a5 a no-refundable oss resecve in Liew of Mongage Insurance. Such loss reserve shall be
ton-tefundable, notwithstanding the tact trav uss Laun i ultimately paid in full, and Leauer stafl noc be
tequired t0 pay Boreower any interest oF sarings on such toss reserve. Lendes can no lunyer s Security Insirumcat, including; bur not limited
to, reasonable atweneys” lees, propery Inspevtion and valuation fees, and viher Tews incurred tor the
porpose or protecting Lender's interest in the Propersy and sights under this Security Instrument: ard (¢)
is such action as Loadst may reatonably require in assure that Lender's interest in the Property and
sights undet this Sevurity Insicument. and Borrower's obliyatian tw pay the suis secured by this Security
Instrument, shall continse unchanged. Lender ay scquire tha: Borrower pay such einstaremwnt sums ane
eapenses if o6e or mate of she fulkGwing furms, as scecied by Lendet: () cash; (9) Maney order: 4c)
fied check, bank ehret, treasurer's check ur cashie:'s check. prav’ded say such check ix drawn upon
olin whose deposits ure insured by a federal agency, instramentality of enti: oF (8) Ktecironie
‘ransfe-. Upon teirstaenc by Borrower, th:s Security Instrument and obligations secared hereby
Funds
shall remain rally eMfeutive as if no acceleration had occurred. However, this ight to reinstate shail AOL
apply In the case of seteleration ander Section 18,
20. Site of Note: Change of Loan Servicer: Notice of Grievance. The Note a: a pitial interest in
ane Note (iogeiher with this Securlty Instrument) can be sold one or more times witht prior Aotice Ww
Rorrower. A sale might tesuit in 9 change in the entity (known ac the “Loan Servicer") that collects
Periodic Payments duc under the Now and this Security Instrument and pertorms ather morigage loa
servicing obliguliuas undet the Note. this Security Instrument. and Applicable Law. There also mist be
fone or more changes of the Loan Servicer unrelated 10 2 sale ot the Note, tt there is a change of the Luan
Scrviect, Bortower will be given written notice of the change which wilt ime the name and) 3ddess oF the
new S.oan Servieer, the address to which payments should be male and any other information RESPA
Onna (4/09
5ioHt eos Saeed Form 3038 1.0%opsei1 - cage County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005:
requires in connection with 3 noice of transfer of servicing. ftw Noce is sold and thereafter the Loan is
serviced by a Loan Servivet other than the purchaser of the Note. the mortgage foan servicing obligations
to Borrower will remain with the Loan Servier of be iraisferred 10 2 successor Loan Servicer and we not
ausumed by the Noe purchaser unless otherwise praviced by the Note purchaser
‘Neither Borrower nor Levder may Coumetes, jain, oF be joined 0 any judicial action (as either an
{gant or the member of @ class) that arives fram the wither party"s Actions pursuant Lo this
Seeuriy tnstrumens of thal alleges that the other pany has beeached any provision wf, or any euty owed by
reason of, this Security tnsicument, until such Bornywer or Leader has novitivd the other pany (with such
notice given in compliance with the requiremems of Section 13) of such alleged byeach'aid atforded the
other pany hereto a teasonable petiod after ihe giving of such notice to Uke corfective accion. 11
icable Law provides 4 time period whieh must elapse before certain action can be’ taken, «hat time
perivd will be deemed 10 de reasonable for purposes of this pazagraph. The notice of acceleration ane
upporisniny 10 cure given to Borrower pursuant to Section 22 afd the nunce of accelzeaion given 10
Borrower pursuant to Sectiyn 18 shall by deemed to sotisty the novice and opportunity te take corrective
action provisions of this Section 20,
21. Hazardous Substances. As used in this Sectinn 21: (@) "Hazardous Substances” are those
substances defined as 1ovic us hucasdous substances, polluuanis, or wasics by Environmental Law and the
following substances: gasoline, Kerosene. oiner Nammable oF toxic pecrolcum products, tuxie pesticides
and herbicldrs, vulatle solvents, materials containing asbusos or (ontaklehyde. ang eaticgctive arterials:
(b) "Environmental Law” means federa! taws and laos of the jurisdiction where the Property is tocated that
relige ww health, safety or environmental prevection: (c) *Environmentsl Ciwanup” inchades any vesponse
action, remedial ction, or remorat action, as delined in Eavironumental Law; and (4) ua “Environmental
Cowition* means a condition that can cause, coniibute 10, oF aiherwise trigger un Environmental
‘Cleanup,
Borinwer shalt not exese or permit ene presence. usc. disposal, storage, ar release of any Hivariout
Substances, of threaten 10 Felease any Hazardous Sunsances. on oF in the Property, Boctower shall not do,
nor Allow anyone else 10 do, anything attccting the Property ta) tha’ 18 in vielaton ef any Environmental
‘Law, (b) which creates an Fnvlronmenial Conditiug, or (c) which, die to the presence. use. or release of 2
Hazardous Substance, ecesces » condition that adversely atteeis the value of the Property! The preceding
wo sentences shall niot appiy 49 the presence, use, OF siorage on the Property of siall quantities of
Hazardous Substances that arc generally recognized to be appropriate wo nurinal residential vsev aed 10
maintenance of the Property fincluding. but cat limited «0, kazordaus substances in cantumer praducts),
Borrower shall prompily give Lender written notice of (ab any Investigation, claim, demand, laesuit
or other action by any governmental oF regulatory agency or private party involving the Property und any
Hazardous Subsiance or Eavizonmentsi Law of which Porrower hus actuat koowledge, (b> any
Environmenta! Cengition, including but not limited tu, any spilling. Waking, discharge, releese oF threat of
release of any Hazardous Substance, and (c) any condition caused by the plesenie, uss or release of a
Hazartous Substance which adversely afiecis the value of the Property, It Borrower Weams, at i$ nouificd
by any yovernmental of cegulatory authority, of any privaie pany. hal any removal oF other temedi
of any Huzardues Substance attecting thy Propurty ig necessary, Korrower shail prampily wake aid azceasony
remedial
Lender for an Environmenial Cleanup.
OHMM 13/041
61011 208 Paes ena Foun 3038 101Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005:
OB581 - C45
/
ye
i
NON UNIFORM COVENANTS, Burcower and Lender further covenant and agree as tollows:
22, Acceleration; Remedies. Lender shatl give notice to Borrower pries w ucceleration following
Morruner's breach of any co
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 OB581 - C21 201327891 (bh) COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Fifth Third Mortgage Company c/o Fifth Third Bank 5001 Kingsley Drive MD MOBBW Cincinnati, OH 45227 COMPLAINT IN FORECLOSURE Permanent Parcel No. 010-077235-00 Plaintiff vs. ' I ' I ' I ' I ' Ruth H. Hoffman aka Ruth Hoffner | 116 North Westmoor Avenue ' Columbus, OH 43204 | Michael S. Hoffner | 116 North Westmoor Avenue I Columbus, OH 43204 \ Franklin County Treasurer 373 South High Street 17th Floor , Columbus, OH 43215 I ' | Defendants. COMPLAINT COUNT ONE 1. Plaintiff is in possession of, and entitled to enforce a note executed by the defendants, Ruth H. Hoffman aka Ruth Hoffner and Michael S. Hoffner. A copy of the note is attached hereto as Exhibit A. LSR201327891D157P1300C9OB581 Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 - C22 2. Defendants defaulted under the terms of the note, and plaintiff has performed all conditions precedent to acceleration and has accelerated the debt. 3. There is due to plaintiff from the defendants, Ruth H. Hoffman aka Ruth Hoffner and Michael S. Hoffner, upon the note, the sum of $97,653.40, interest at the rate of 6.1250% per year from August 1, 2013, and as may be subsequently adjusted pursuant to the terms of the Note, plus court costs, advances, and other charges as allowed by law. COUNT TWO 4, Plaintiff incorporates the allegations of Count One and further states that the aforesaid note is secured by a mortgage, a copy of which is attached hereto as Exhibit B, and that said mortgage constitutes a valid first lien upon the real estate described therein. 5. The mortgage was filed for record on December 18, 2006, in Instrument No. 200612180250100, of the county recorder's records. The Master Mortgage containing the terms and conditions in of the said mortgage was filed for record on Instrument No. 200405280123440, of said County Recorder's records. A copy of said Master Mortgage is attached hereto as Exhibit C. The conditions of defeasance contained therein have been broken; plaintiff has complied with all conditionsOB581 cgganttin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 precedent; and plaintiff is entitled to have said mortgage foreclosed. 6. Plaintiff says that the defendant, Franklin 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, Ruth H. Hoffman aka Ruth Hoffmner and Michael S. Hoffner, in the amount of $97,653.40, together with interest at the rate of 6.1250% per year from August 1, 2013, and as may be subsequently adjusted pursuant to the terms of the Note, plus court costs, advances, and other charges, as allowed by law; that plaintiff's mortgage be adjudged a valid first lien upon the real estate described herein, and that said mortgage be foreclosed; that said real property may 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 otherFranklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 OB581 - C24 defendants herein be required to set up their liens or interests in said real estate or be forever barred from asserting same. /s/ Jennifer Schaeffer Jennifer Schaeffer, Trial Counsel Ohio Supreme Court Reg. #0084893 LERNER, SAMPSON & ROTHFUSS Attorneys for Fifth Third Mortgage Company P.O. Box 5480 Cincinnati, OH 45201-5480 (513) 241-3100 (513) 241-4094 Fax (877) 661-7891 Toll Free Fax attyemail@lsrlaw.com. . Franklin County Ohio Clerk of Courts of the Commorfe Me) b j 2:01 PM-14CV000540 OB581 - C25 ty ibitoA, EREBY CERTIFY THAT THIS ATRUE AND CORRECT COPY OF THE ORIGINAL 20 NOTE December 08, 2006 Columbus onto = eo) [State] 116 N Westmoor AVE Columbus, OH 43204 {Property Address} 1, BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $109,500.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Fifth Third Mortgage Company I will make all payments under this Note in the form of cash, check or money order. { understand 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. | will pay interest at a yearly rate of 6.125 %. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. | will make my monthly payment on the 1st. day of each month beginning on February 01, 2007 | will make these payments every month until | have paid all of the principal and interest and any other charges described below that 1 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 January 01, 2037 ; I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.” | will make my monthly payments atP.O. Box 170, Cincinnati, OM 45263-0170 or at a different place if required by the Note Holder. {B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 665.33 4. BORROWER'S RIGHT TO PREPAY | 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 1 make a Prepayment, [ will tell the Note Holder in writing that | am doing so. 1 may not designate a payment as a Prepayment if ] 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 | 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. MULTISTATE AXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 32 Wolters Kluwer Financial Services . VMP 8-5N (0207}.02 Page t of 3 ~Franklin County Ohio Clerk of Courts of the Common Pleas- 4014) 4arRt?:BERNEVAGEMQ005 40 OB581 - C26 THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL 5. LOAN CHARGES. If a law, which applies to this loan and which sets maximum loan charges, is fi foan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 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, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000% 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 | 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 | 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 | 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 attorneys’ 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 give 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 | 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 I 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. VMP ®-5N (9207).02 Page 2 of 3 ty< Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 * OB581 - C27 10. UNIFORM SECURED NOTE . This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not 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 ali 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 permitted by this Security Instrument without further notice or demand on Borrower. | HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. nee, oF WR ere: ut rdf? ws thbagl Hifi. ~ uth Hoffner ry -Borrower Micheal S$ Hoffner ~Borrower (Seal) (Seal) -Borrawer -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower {Sign Original Only] VMP ®-5N (0207) 02 Page 3 of 3 Form 3200 1/01ao inkljp. County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 ~ VoBseH TL RES BT PAY TO THE ORDER OF FIFTH THIRD MORTGAGE COMPANY LHEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT OPY OF THE ORIGINAL Det EDPage: 10/13 = Date: 12/20/2013 11:55:57 AM Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 (I 0B581 - c29 ty B ExXABICB ms HER z pope l2 ie [Bielagesss-toen_ anicen Gra ‘poner ‘ FrGRCLiA county Rggenae % Retin To; Fifth Third Mor:gage Company 001 Kingsley Drive, MB:LMOB3A Conelntats, Ohio «8227 [Space Above This Line For Recording Des] MORTGAGE DEFINITIONS. ‘Words used in multiple seationa of tls Zesumene ars doFined below and In the Master Mentgage Porm (aa herein x ater defined}, (A) "Securiy Insromers” means this document, whieh is dated December OB, 2006 together with a1 Riders to ts this document, (a) "Borrower" is uth Hofther and Mickenl S Mofings busbar! and wife. Borrower isthe morigagor under (is Seeurity lasiroment {C)" Lender" \t FIFTH THIRD MORTGAGE COMPANY. Lender is a comporation organized and existing. ‘under the ws of OHIO. Lenders address ts 38 FOUNTAIN SQUARE PLAZA, CINCINNATI, OH 45263, {2) ete! means th nomisory ae ned by Borrower and ded scene OB 2006. The Note seen that Borrower owas Londer One Rundred Nine Thousand Five Bundved And Zergtiod Dollars (U.S, 108,500.00) plus interest. Borrower has promised :0 pay thi deb in regular Pevfodic Payments end to pay the ‘cebt in full nol later than January. 21,2037. 2) Prenety” means ih property shee ceveited below ner ie heading Trae of Rights ne rraperty." ¢F) "cer" mean 2 ‘unctor the Not debt evidenced by the Note, plux interes, any prepayment charges and late charges cue nd al! sums cue under this Sooty Ivserarmant, pes istaren (Cy "Ridecs” means all Riders to this Security inétrament that ure exceated by Borrawer. ‘The follawing Riders are To be executed by Borrower [check bor as applicable) Tho Tan Grown Roy- Q bof [] Adjustable Rate Rider []Condominiurn Rider {] Sevond Home Rider oe {] Balloon Rider U)Planned Unit Development Rider [J Ied Family Rider eos, TVA Rider . _ a / Prue lof & omPage: 11/13 = Date: 12/20/2013 11:55:57 AM Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 0B581 - C30 ‘TRANSFER OF RIGHTS IN THE PROPERTY ‘This Security fnstrument secures 10 Lender: (QV the tepayment of the Loan, and all zenewale, extensians and modifications ef the Net and. 5 {i the performance of Borrower's cavenants and agreements under this Security Instrucsent and the Note, Por thts . * Ferpose, Borrower docs hezchy morigege, prent and convey to Lender the following dercribed property located in , the County of Franklin Parcel 1D AL06079245.00 which currently bar the addrase of L1G M Wectrooe AVE, Calutibus, OH 43204 =. ('Propemy Address): TOGETHER WITH all the improvements nov or hereafter crecccé oa the property, end al easomamis, appurtenances, and fiures now or hereafter a part of the property. All replagcmants nnd additions shall also be ‘covered by this Secuniy insiruttent, All of the foregoing is cefesred to in this Security Instrument se cha “Property.” MASTER MORTGAGE FORM: AlLtorms of thar certain master momtgaze form ("Master Mortgage Form" recorded May 28, 2004 pursuant «0 Ohio Revised Code section $303.15 la the office ofthe Franklin. County Recorder, trstruiient No . =. ‘OR, Book, nage _ by Filth Third Mortgage Company, by Stewart Groeniec. are by this reference incorporated 95 fully and tothe samme extent as f sot ford and contrined heroin copy: ; A copy of the Master Momigage Form has been farnished t6 tht torteator prior tothe execution ofthis Security Insmiment and mongager hercay acknowiogges receipt of tre same by signing atthe end af ths inatrument. CERTAIN OTHER ADVANCES: sii Jn addition <0 any other sum secured hereby, this Security Instrument shall alsa soeure the upd principal balance . ‘of plus accrue: interest on, any amount of money loaned, advenced ar paid by Leader to or forthe acecunt and 2 benefit of Serrower, after this Security Instrument is cetivered to nnd Filed with the Recorder's Office, Fesadlin 4 Ccunty, Onto for carding, Lender may make sach advances In order fo pay any real stave taxes ad ssesmmont, : . insurance premiums ptvsall cthor costs and expenses incurred in connection withthe operation, pralcetion ot : resersitign ofthe Property, including to cure Borrower's defoults by msking any such payments which Borrowers Should have paid ws provided in this Security Instrument, f'n md comply with the provisions of Section £30),239 of the Revised Code of Ohio. Page aot 4Page: 12/13 Date: 12/20/2013 11:55:57 AM Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 0B581 - C31 BY SIGNING BELOW, Borrower accepts and aurces to the terms and covenants comfaincd in this Security Fantrument Ginchidiny, but not limited to the Mastar Nevigage Form) and in any Rider axecuted by Bocrewor und recorded with ft. 1°for any reason the Master Mortgage Ferm shall notbe dacmtoé a pat ofthis Security frstrameni, this three (3) page Insteumert, plus any Rider(s) and attached legal description shatl stand by itsel' ts & é mortgage document, binding on Borrowerts) for the bonefe of Fifth Third Mortgexe Company, its successors anc hati ped th Hafner 5" Sean — (Sea ‘Vfecbacbds ; ~ eal) a ea) . san semen ve can Sea) . eat) stareor Obie, County of Franklin Onihis December 8, 2005 _ befaromoaNotury Public in are forsaid County and Staco, personally sappeerni RU Hoflher and Micheal S Hadiner the incividual.s) whe executed the foregoing instrument amd sii ack yowledge that he/she did examine and read the same and did sign the forcgaing instrument, nd thet ihe samme hither free act and deed. (N WITNESS HEREOF, Fhuve heraunto set my hand and official soot My Camtssion Exptees: State of ‘This Invisument sas prepared by: FIFTH THIRD MORTGAGE COMPANY 38 FOUNTAIN SQUARE PLAZA CINCINNATI, OHIO 48263, Page dof 4Page: 13/13 Date: 12/20/2013 11:55:57 AM Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV000540 OB581 - C32 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY ‘The legal description fbr the property located at; L1G N Westone AVE, Columba, 3.63204 Usa follows: Peet roparty in the Cty af Columbus, County of Franklin, State of Ohle, and is described a¢ ratlows: . Belng Lot Number Twenty-six (26), of NORFHVIEW ON 7H = delineated upon the recorded plat thereat, oF recard in Pat Boe ve ga ‘ODITICN, as the same 13 numbered and oe Chie. ‘at Book 15, page 47, Recorders Office, Franklin County, 10-077235-00 : ae " i gator 4 :OB581 Fran! C33 NOUN 200405280123440 per 4 4106.00 L7DDCGDED DD, ohne Mer Pete {Space Above This Line Kor Meearélng Pra] ————~ MASTER MORTGAGE FORM RECORDED BY FIFTH THIRD MORTGAGE COMPANY BY STEWART GREENLEE DEFINITIONS Words Used in multiple sections of shis Jacumen: are defined below snd orher farts. ate detined in Sections 3, 11, 13. 18, 20 and 22. Certain cules regotding the wsage of words used in this document ave also provided in Section 16 {Ay "Security Instrument” means this document, whien is dated Muay 1, 2004 together with ll Riders to this document, (8) “Barrower” is Borrower is ihe mungagor under this Sceuricy Instrument {C) "Lender" is. FIFTH THIRD MORTGAGE COMPANY 4 Lender is 1 corporation organized and existing under the laws of OFNIO, : t \ y t OHO. Single Famiy-Fanele MaciFredete Mac UNIFORM INSTRUMENT form 3036 WO? SOME 20081 payee nklin County Ohio Clerk of Courts of the Commoner’, 2:01 PM-1 “evoonsEE SEE SE OOO cg fanktin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005: OB581 - Lender's address is ay YOUN AIN SQUARE PLAZA CINCINNATI, OH 45263." Lenuer iy the mongagee onder this Security Instrument. 1D) "Note" means the prontissary note siged by Borruwer and dated (month, day. “The Note states that Romeower oes LEMME. anoun of lous) jean Detlars WSS plus interest. Borrower has promised 10 pay this debt in teg:lar Periadic Payments and to pay the debe in full not later than (month. year) (8) “Property” means the propeny that is described below under the Reading "Transfer of Rights in the : Property.” 17) “T.oan” means the debt evidenced by the Note, plus interest, any prepayment enartes and late charger dus under the Note, ard all sums duc under this Secutity lstrument, plut interest (C) "Riders® means att Riders to this Security Misirumem that are executed by Borrower, The tollowing Riders ate :0 be executed by Borrower (check Box us applicable]: Adjumable Rare Rides [_) Condominium Rider Second Home Rides Balloon Rider Planned Unit Development Rider La] 1-4 Famity Rides VA Rider (7 biweckty Payment Rider (J oiner(s {specity (11) “Applicable Law" meant aff costeolling applicable federal, state ard local statutes, regulations, ordinances and administrutive rules ane orders ‘that nave the effect Of law) is well as ath applicable Final. f ‘cn-appealable judivial opinions, (1) "Community Association Dixs. Fees, and Assessments” means all dues, tees. asérssments and othe: charges that are imposed on Borrower ur the Properly’ by ® condominium association, Remeowners anvociation oF similae or 40) "Electronic Funds Transfer” means any wansfer of funds, oxher shan a uransaction otig check. drali, or similar paper instrumen:, which is initested threagh 21 electronic terasinal, telephonic Instrument, COMpUIET, OF Magnetic IPE S634 {a Order, instruct, uE authorize a Tinancial igstitativn 10 debit ‘of cred an account. Such yennt includes, tt is no! timited t0, point-of-sale transfers, awiornaied redler wmachine transactions, wanfers initiated by telephone, wire trunsivrs, and auiumacd clearingtouse eantlecs. (K) *Eserow Stems" means those items that are described ia Sectivo 3. (1, “Miscellaneous Proceeds" means any compensation, settiement. award of damag ‘by auty thitd party ether than insurance proceeds pid under the coverages Kescribed in Section 3) for: (0) damage 10. ur desifuction of, the Property; (ii) condernaation or otnet taking of ull uy ary part of the Propeny: Gif) conveyance in lieu of condemnction; or (iv) misrepresentations oF, of omissions as 10, the value and/or conariton of the Propeity. (1) “Mortgage Insurazeo" means Insurance pruteviing Lender the Loan. (X) “Periodic Payment® meas the regularly scheduled amount due (oF {i principal sid interest under the Note, plus (i) any anmounts under Section 3 a1 this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U implementing regulation, Reyulution X (24 C.F.R. Part 3500), as they might be amended from thre 1 time, az any additional ar succestat tezistation o¢ cegulation that governs the tame subject mater, At UseO in this Security Instrument. "RESPA” refers co all requirements and restrictiuns that ate imposed in tegard to a “iedetally related mongage toan* even if me Coun does not quality as u "tederally related mongoge lean’ under RESPA, 1 OFM (4/04) inst the aonpaymem uf, or deknta en, Section 2601 et seq.) aad its -@1OH) won vagy 2083 Form 3036 1:0EEE opsei1 - cgganktin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV00054 i AP) *Successuc in Interest of Borrower" means any party that has taken title to the Property, whethet or ‘not that pany has assuined Botrower’s obligations under the Note and/or this Security (nsthument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all conewals, extensions and wnditizacions of che Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Rorrower does bereby mortgage, grant and convey ta Lender ihe following deseribed propeny lacated in the (601 in Coucty name} FRANKLIN: COUNTY Parcel [D Number: (Parcel {D Number of Propesty) which cursently ag the address ot (Sivect address, Ciy, State and Zip code) (Propeny Address") TOGETHER WITH atl ihe improveniems now or fereulicr crested on the property. and att * easements, appurtenances. and fietures now or hereafter § part Of whe property. All reptacymments. and auditions shall also be covered by this Security Instrument. AML ut the lurexoing is est ‘Security Instrument as the “Property.” BORROWER COVENANTS that Borrower is lawtully seised of the estate hereby 2001 the rehe to momgiye. grant and convey the Property and that the Propedty cumbrances of record. Barrower wastans and will detent generally the titly to the Propersy against all claims and demands, subject @ any encumbrsaves oF record. ‘ THIS SECURITY INSTRUMENT combines unifonr covenums for national use and noc-unitornt covenanrs with tinted variations by juriséiction to constitute a unitorm security insinsmear coverice real ropetty, UNIFORM COVENANTS, Borrower and Lender covenant and agree a8 foilo . 1, Payment of Principal. Interest, Escrow Hems, Prepayment Churgts, and [ate Charges. Borrower shsil pay when due the pcincipst of, and interest on, the debt evidenced by the Note ant any picpaymert charges and tate charges duc under the Note, Borrower shall alse pay fends for Escrow’ ems pursuant 1 Soveion 3, Payments Jue under the Note and this Security Instrument shall be made ia U.S. corency. How eset, if any check oF other insirument acceived by Gender a6 payment wiiler ihe Note or this OHPAM (4108) “610 Leniter may require. Borrower's obtigativn to make such payments and to provide receipts shall tor all purpoées be Ueeited 10 bbe covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated 10 pay Escrow lems cisectly, pursuant w a waiver, and Borrower fails to poy the amount due for an Eserna Rem. Lender may cacicise its sights under Section 9 and pay such amount and Borrower shall then be obligated under Seetton 9 (0 regay tw Lender any suc amount. Leader may ievoke the waiver 8s (0 any or sll Escrow Nemt #1 any time by 2 nutice given is accordance with Section 15 and, upon such revoration, Borrower shall pay to Veacer all Funds. and in such amounts, that ate then requlzed under this Section 3. Lendet ray. 21209 sime, cllect and nol Furs in an amount (a) yuicien to permit Lender to apply the Funds at the time specified under RESPA. and (D) sot ( caved the maxinnuin amolnt a lender can require under RESPA. Lender shut) estimate ihe amourt nf Funds cue on she basis of current data and reasonable estimates of expenditures of future Escrow ems or otherwise in accordance wits Applicabie Law, - The Funds shall be held in un institurion whuse deposits are ingurd by 2 cedetal agency. inserumeatatity, or entiy (including Lender, W¥ Lender ty an insiutiva whose deposits are so insured) ut in any Federal tlome Loun Bask. Leider shall apply uhe Funds t0 pay the Escrow ftemo no Ieter than the time specified under RESPA. Lender shall got charge Borrower tor holding and applying tke Funes, annvolly: analyzing the escrow account. or verifying the Escrow lterrs, unless Lencer pays Aorrower inietest on the Funds and Applicable Law perries Lender ww make such 2 charge. Unless an agreement 8 made bn writing or Applicable Law requites interest 10 be paid on the Funds, Lender shalt aut be required fo pay Borrower ‘any interest or eaemings on the Funds. Borrower and Leader can sgrce in writing, however, that interest stat! be paid on the Funds. Lender shall give 19 Bortowe:, without che:ge, an emus) agcounting of the Funds as required by RESPA. Mf there is a surplus uf Punds held in exrow, as defined under RESPA, Fender shall acount 10 | Borrower for the excest funds in accordagce with RESPA. I there is a shortage of Furds held in escrow, as defined under RESPA, Lender shal! noilfy Borsuwer as required by RESPA, and Bo:rower shall pay 10 Lender the wsnouni necessary tu make up the shortage in accordance with RESPA, but in no more chan 12 raumihly payments. If there is a deficiency of Funds held in escrow, as devined under RESPA, Lender shall ratify Borrower as required by RESPA. and Borrower shall pay 10 Lender the amuuni nevessazy to make vp the deficleney in accuudance with RESP, but $n 29 more than 12 momhly payments. Upon payment ft full of aff sums secured by this Security Insrument, Lender shall grompils refund to Borrower any Funds hete by Lender. . 4. Chargest Liens, Borrower shat! pay lf raves. assessments, charges, fines. and imposisiuns aniibutable to the Property which can attain privrity ovec this Security Instremert. Iwavchold payments or ground rents on the Property, if sny, and Community Assiviaion Dues, Fees. and Assessments, ifany. To the extent that these items ave Escrow ters, Borrower shall pay them in he Mannes provided in Section 3. Borrower shall promptly discharge cay lien which has priority over this Securliy fistuesent enless Borrower: (3) agrees in writing 10 the paymeat of ths obligation sevured by the fien in a manaer atveptsble to Lender, but only 99 long ak Roriower is petionting such agreement: (b} contetts tbe fen in good faith by. oF defends against enforcement of the lien in. legal proceedings which in {endet's opinion operate (© Deven: the emfurcement of thy lien While those proceeitings are pending, Uut arty until such proceedings, we coneludes: of (c) sevurea from the holder of the lien an agreement salistactary to fender subordina the jien 10 this Security Instrument. 1f Lender determines that any pact af ine Propetty ts subjet 10 3 which can atta prlorily aver 01s Security Ins:rument. Lender may give Borrower 3 notice’ Wentitying the rreaa (2104) { {10H -pce8s taper Form 3015 100EE , Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV00054 OB581 - C38 lien, Within 10 days of the dite on whick that nove is given, Borrower shall satisfy the lien or take one oF ‘mote of the actions sct forth ebove in this Section 4. Lender may require Borrower 10 pay 3 one-time charge for a real esiate x veritication anwvor repaing service ated by Lender in cermcction with this Loan. $. Property Insurance. Borrower shall keep the iinprovememts now cxisting or hetvafier erected on the Property insured aysingt toss by fire, hazards Inciuded within the tein “ewtended coversge,” andl any other Aazards inclding. but not limited (0, canhguakes and Hoaus, the whieh Lender requires insurane This insurance shall be misintained in the amoutts (including deductible fevets) and for the periods that Lendet requires. What Lender nequiees pursuant 1 the preceding senwncer can change dreing the teem of he Loan. ‘The insurance certier providing the insurance shall be choten by Borrower subject ty Lender's right 10 disapprove Borrower's choice, which tight stiall rot be exercised enressonably. Lender may feysire Borrower co pay, in connection with thls Lca, determination, cenification and wracking services: ar {2) # one-time charge jor foul zuite determination aad certification services and subsequem charges each time remappings or similar changes wey which teasonably might affew such determtinstion of certification. Borrower shatl atsa de respunsipie for ihe payment of ary fees Imposed dy the Federal Emergeuey Managerrent Agency in comiection with the review of any ‘lood zone determination resitting from av objection by Berrowes Wf Borrower fails to maimiain aay of the coverages described above, Lender may oblain insurance soverage, af Lender's option und Botrower's expence. Lerder is under x0 Obligation to purchase any panicelar type or amount of coverage. Therefore, such coverage shall Cover Lender, Dut mighi oF eight 01 prowet Bonurer, Borrower's equity in the Property, or dhe contents of the Property. agtins any tisk. hazard or tlability and might provide greater or lesser coverage than was previously in effect. Harrower acknowledyes that ihe cow of the insurance tov-tape so obtained might significantly exdeed the con of insurance that Borrower could have obiained. Any amounis Uibutted by Lender under thid Section 5 thall beconw sdditional debt vf Borrower secured by this Seenrty Jnsinumemt. ‘These amounts shat! bar interest ai the Note raic Wom the date ef cisbussemen and shall be payable, wiin such interest, upon muxive from Lender to Borrower requesting payment, All inyurance policies reyuined Dy Lender and rencwais of such policies shall De subject « Lenier’s right 10 disapprove such policies, shall inclcde a staidutd mostgage clause’ and shat name Lender 25 monigogee andlor as an additional loss payee. Lender shal) have We right to hold the pulicies and cenewat ates. IF Lender requires, Borrower shall prompliy gite to Lender al receipxs of paid premiums and venewal notices. Uv Borrower obtains any form of insurance coverage, not otbervrise teqaired by Lender. toe damage 10. oF destruction of, the Property, such policy shall include a standard mortgage clause and shall aarie Lender as mortgagee andor 2s a aetivional loss payee. In the evens of hss, Borrower shall glve prumpt nutivs 70 the inserunee carrier und Lender, Leader imay make proot of toss if not made promptly by Bormwer. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether Or not she underlying insuesnice was required by Lender. shalt bbe applied co restoraticn 6¢ repuit Of the Property, ut the ces.orsilan ot Zepait is econermically reasible and Lender's security is not lessens. During such repair and restoration period, Lendes shalt have the right ro old seeh insurance procerds unt) Lender hos had an opporwnity to inspect such Properly tn ensure the ‘work has ocen completed 10 Leader's satistaction. provided thar such inspection shall be undertaken promptly. Lender may disburse proceeds (or the repairs and restoration in a single payment or in a series of progress payrrenis as the work is completed. Unless an agrexment is made 201 writing or Apptivably Law: requires inverest to be paid on such insurance proceeds. Lender shall not be cequirat 10 pay Burruwe: any Interest cr carvings on such proceeds, Fees for pubic adjusters. or aiher hint panics, rerained by Borrower shall mut be paid our of the insurance procezds ard shall he the sole obligation of Bor:ower. the restoration oF repsit is nat economically feasible or Lender's security would be lestcred. We instzanve Heovecds shail be appticd (0 the suas scoured by this Security fasteement, whether uF nat then cue. with ‘OHMA! (4/041 61OM1 208. Farm 2036 1:01OB581 Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005: C39 EEE EEEEEEDEE'S=—O oo oO de srces, If any pd to Borrower, Such isarance racers stall be applied in the ard provid for in 2. “1? Borrower abandons the Properiy, Lender may file, egoiste and setie any atailable insurance laine and related matters. If Borrower Joes not respond within 30 days 10 a aotice Fron Lender that the fnsurance canier has offered (0 seute a claim, then Lender may negotiate and seve the claim. The 30-day pericd will begin when the notice is given. In either evens, or if Lender oequires the Propeny under Section 22 of olnerwise, Borrower nereby assigns 10 Lender (2) Dorrowcr's rights to say insurance proceeds ia a8 amount not to exceed the amounts unpaid under the Note or this Security Insirument, and (b) any other of Borcower's rights (other than ihe ight so any refund of uncarved premiums paid by Borrower) under all insurance policies covering ihe Property. insofar a5 such rights are applicable to the coverage of the Property. Lender may ust the insurance proceeds euher tn repair Or restore the Property ot to pay amcunis unnaid under the Note or this Secarity Jasiaument, whether of not then de 6. Occupancy. Borrower shall occupy, establish, and ote the Propery a¢ Uorrower's principal fesidence within 0 days after the execution of this Security Instrusemt and shal! contitbe to occupy the Property a8 Borrower's principal residerce for at least ane year after the date of occupancy. unless Lender otherwise agrees int writing. which conseat shall swt be unreasonably withtele, or unless extenuating Circumstances exist which ate beyond Rawrrewer"s coma 7, Preservation, Muintenance and Protection of the Property: Inspections. Boirower shall nor destroy, damage or impair the Property. allow the Property ww uetertoraie ot comuni’ waste on the Property. Whether or nox Borrower is residing in the Propeny, Borrower shal! mamtsin the Property in ‘order 10 prevent the Propenty 8, Uniess it 1S determined purssant ty Section 5 that fepait or restoration is not esunomically feasible) Borrower sal: teomptly repair tne Propeny iy damage io zoid further detcrioration or damage, |i insurance of sendernmation poceeds ae paid in eonner:ion with damage 0, or the king of, the Property. Borrawer shall be rexpousible for repairing or reworing the Property only Wf Letdes ras released proceeds tor such purposes. [Lender may disburse proceeds (0: the repairs and resicration In 3 single payment.cr in a series of progress payznenis as the work #s completed. If the insurance or condermation pmicceds ae aot sulticien: ‘u sepair or testore the Property, Borrower is not relieved of Borrower's obtigation tor the eompletiog 0! such repait of restoration, Lender of HS agent may make reesonable cniries vpon and inspections oF tbe Propeny. TY it hat reasonable cause, Lender may inspect the interior of she iumprovements on the Property, Sender shall give Borrowes notice at the tine of oF pritr to such un interior inspection specifying such reasouible cause 8 Norrower’s Loan Applicativn. Sorrawer shall be in default if, during the Loan application process, Uortowe? OF any petsons ur entities aching af the direction af Borrower of with Burrvwes"s Knowledge or convent gave ma.crilly false, misleading. ve inaccurae imlormatiar. of stateimems oo Lends! (or tailed to provide Lender with materia) intnrmaton) in connection with the foan, Material lepresentations include, bur are roc Himited 20, representations concerning Borrower's accupancy of Ure Property a Borvower’s principal residetce, 9. Protection of Lander’s Interest in the Property ond Rights Under shis Srevrity-Iistrement. OF (2) Borrower fails w pertorm the covenants ant agtcemeats contained in this Security Insirurnent, (b) thers is a legal proceeding mat might sigoiticantly atiec, Lendes's imerest in the Property and/or rights woder (his Security Instrument (such 36 a proceeding in banknipley, prubate. for condemnation or torieiture, tor enforcement af a lien whieh may actsin priority over shis Security Instrument et 1 enforce Lvs ur ). oF (¢) Borrower fas abandoned the Propeny, then Lender may do and pay far whasever ix f appropriaic ‘0 protest Lender's interest in tbe Property and righis uncer this Security lading peovecting endior atsessing the value of the Propeny, and secueins ancfar repatring the Prepeny. Lender's activns eat fectude, but are not limived to: (a) paying any sumns secured by a {ten which has priority over this Security Instrument: (b) appearing in coun: ae 1¢) paying tentonable OHMIM {4/041 SOM) co9e send Fé 3038 09ES __ _ Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV00054 0B581 - C40 ‘atorneys’ fees to protect its interest in the Property and/or rights under this Securlty Ingram including iS secured position in s Dankrupity proceeding. “Securing the Property Includes, Vuslis not ‘entering the Property to make repairs, change locks, replace of board up duvts and windows, drain water ftom pipes, eliminate buiiding of onher coue violavions or dangerous conditions, and have utilities tumed fon or off, Although Lender miay take a¢tion under this Sectien 9, Lender does aot have fo do so and is not vader any’ duty or obligation ty 60 so, It Is agresd that Lender incurs no Tiabiity for not king any oF ull actions authorized under this Section 9 Any amoums ¢isbered by Leader under shis Section 9 shall Devore additional debt of Borrower sevured by this Security Instrument, These amouras shall bear inletest at the Note cae from the date of Giaberseeent and shall be payable, wih such interest, upon vane from Lender w orrower reusing k 1 the provisions of the HP this Sewurly tneiaiment '& on 9 leasehold, Bortunst aha comply with ¢ shall not merge Unless E lease. II Borrower acquires fee title to the Propeity, the Feaschold ond the fee 1 lender agrees to the merger In iting. 20. Mortgage Insurance, If Lender reqited Monigage Insurance 35a condition of making the Loan, Dottower shall pay the premiums required to msinisin the Morlguge Inserance In effect, 1, for ay reason, I the Mortgage trauzance coverage required by Lender ceases to be available frem the moitgage insurer that previously provided such inserance and Borrower wis reqaired 10 moke separately designated paymenis foward the premiums for Mongage (nsueance. Borzower shall pay ihe premiums requited to obtain coverage substantially equivalent 10 the Morcgage Insurance previously in effect, at a cos substantially equivalent 10 the cost t0 Borrawer of the Morgage Insurance previously in etfeet, tom 3p altemate mortgage inturer seleciet by Lender, If subsiandally equivalent Mortgage Insurance coverage is not available, Borrower shall coniloue 10 pay 10 Ltider the aticunt of the separately: Uesignated payments chat were ctig When Une insuraKce coverage cued to be in effect. Lender will accept, use and reiain ew - paymenis a5 a no-refundable oss resecve in Liew of Mongage Insurance. Such loss reserve shall be ton-tefundable, notwithstanding the tact trav uss Laun i ultimately paid in full, and Leauer stafl noc be tequired t0 pay Boreower any interest oF sarings on such toss reserve. Lendes can no lunyer s Security Insirumcat, including; bur not limited to, reasonable atweneys” lees, propery Inspevtion and valuation fees, and viher Tews incurred tor the porpose or protecting Lender's interest in the Propersy and sights under this Security Instrument: ard (¢) is such action as Loadst may reatonably require in assure that Lender's interest in the Property and sights undet this Sevurity Insicument. and Borrower's obliyatian tw pay the suis secured by this Security Instrument, shall continse unchanged. Lender ay scquire tha: Borrower pay such einstaremwnt sums ane eapenses if o6e or mate of she fulkGwing furms, as scecied by Lendet: () cash; (9) Maney order: 4c) fied check, bank ehret, treasurer's check ur cashie:'s check. prav’ded say such check ix drawn upon olin whose deposits ure insured by a federal agency, instramentality of enti: oF (8) Ktecironie ‘ransfe-. Upon teirstaenc by Borrower, th:s Security Instrument and obligations secared hereby Funds shall remain rally eMfeutive as if no acceleration had occurred. However, this ight to reinstate shail AOL apply In the case of seteleration ander Section 18, 20. Site of Note: Change of Loan Servicer: Notice of Grievance. The Note a: a pitial interest in ane Note (iogeiher with this Securlty Instrument) can be sold one or more times witht prior Aotice Ww Rorrower. A sale might tesuit in 9 change in the entity (known ac the “Loan Servicer") that collects Periodic Payments duc under the Now and this Security Instrument and pertorms ather morigage loa servicing obliguliuas undet the Note. this Security Instrument. and Applicable Law. There also mist be fone or more changes of the Loan Servicer unrelated 10 2 sale ot the Note, tt there is a change of the Luan Scrviect, Bortower will be given written notice of the change which wilt ime the name and) 3ddess oF the new S.oan Servieer, the address to which payments should be male and any other information RESPA Onna (4/09 5ioHt eos Saeed Form 3038 1.0%opsei1 - cage County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005: requires in connection with 3 noice of transfer of servicing. ftw Noce is sold and thereafter the Loan is serviced by a Loan Servivet other than the purchaser of the Note. the mortgage foan servicing obligations to Borrower will remain with the Loan Servier of be iraisferred 10 2 successor Loan Servicer and we not ausumed by the Noe purchaser unless otherwise praviced by the Note purchaser ‘Neither Borrower nor Levder may Coumetes, jain, oF be joined 0 any judicial action (as either an {gant or the member of @ class) that arives fram the wither party"s Actions pursuant Lo this Seeuriy tnstrumens of thal alleges that the other pany has beeached any provision wf, or any euty owed by reason of, this Security tnsicument, until such Bornywer or Leader has novitivd the other pany (with such notice given in compliance with the requiremems of Section 13) of such alleged byeach'aid atforded the other pany hereto a teasonable petiod after ihe giving of such notice to Uke corfective accion. 11 icable Law provides 4 time period whieh must elapse before certain action can be’ taken, «hat time perivd will be deemed 10 de reasonable for purposes of this pazagraph. The notice of acceleration ane upporisniny 10 cure given to Borrower pursuant to Section 22 afd the nunce of accelzeaion given 10 Borrower pursuant to Sectiyn 18 shall by deemed to sotisty the novice and opportunity te take corrective action provisions of this Section 20, 21. Hazardous Substances. As used in this Sectinn 21: (@) "Hazardous Substances” are those substances defined as 1ovic us hucasdous substances, polluuanis, or wasics by Environmental Law and the following substances: gasoline, Kerosene. oiner Nammable oF toxic pecrolcum products, tuxie pesticides and herbicldrs, vulatle solvents, materials containing asbusos or (ontaklehyde. ang eaticgctive arterials: (b) "Environmental Law” means federa! taws and laos of the jurisdiction where the Property is tocated that relige ww health, safety or environmental prevection: (c) *Environmentsl Ciwanup” inchades any vesponse action, remedial ction, or remorat action, as delined in Eavironumental Law; and (4) ua “Environmental Cowition* means a condition that can cause, coniibute 10, oF aiherwise trigger un Environmental ‘Cleanup, Borinwer shalt not exese or permit ene presence. usc. disposal, storage, ar release of any Hivariout Substances, of threaten 10 Felease any Hazardous Sunsances. on oF in the Property, Boctower shall not do, nor Allow anyone else 10 do, anything attccting the Property ta) tha’ 18 in vielaton ef any Environmental ‘Law, (b) which creates an Fnvlronmenial Conditiug, or (c) which, die to the presence. use. or release of 2 Hazardous Substance, ecesces » condition that adversely atteeis the value of the Property! The preceding wo sentences shall niot appiy 49 the presence, use, OF siorage on the Property of siall quantities of Hazardous Substances that arc generally recognized to be appropriate wo nurinal residential vsev aed 10 maintenance of the Property fincluding. but cat limited «0, kazordaus substances in cantumer praducts), Borrower shall prompily give Lender written notice of (ab any Investigation, claim, demand, laesuit or other action by any governmental oF regulatory agency or private party involving the Property und any Hazardous Subsiance or Eavizonmentsi Law of which Porrower hus actuat koowledge, (b> any Environmenta! Cengition, including but not limited tu, any spilling. Waking, discharge, releese oF threat of release of any Hazardous Substance, and (c) any condition caused by the plesenie, uss or release of a Hazartous Substance which adversely afiecis the value of the Property, It Borrower Weams, at i$ nouificd by any yovernmental of cegulatory authority, of any privaie pany. hal any removal oF other temedi of any Huzardues Substance attecting thy Propurty ig necessary, Korrower shail prampily wake aid azceasony remedial Lender for an Environmenial Cleanup. OHMM 13/041 61011 208 Paes ena Foun 3038 101Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Jan 17 2:01 PM-14CV0005: OB581 - C45 / ye i NON UNIFORM COVENANTS, Burcower and Lender further covenant and agree as tollows: 22, Acceleration; Remedies. Lender shatl give notice to Borrower pries w ucceleration following Morruner's breach of any co