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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Wednes« pril 08, 2015 3:37:00
PM
CASE NUMBER! 2015 CV 01863 Docket ID: 28210004
GREGORY A BRUSH
REPORT NUMBER: CLERK OF COURTS MONTGOMERY COUNTY OHIO
PRELIMINARY JUDICIAL REPORT
Issued by
Chicago Title Insurance Company
ORDER NO: 3352384
Guaranteed Party Name: JOHN D. CLUNK - SPECIALIZED
Guaranteed Party Address: 4500 COURTHOUSE BLVD STE 400
City, State, Zip Code: STOW, OH, 44224-6839
Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report”) for use in judicial proceedings.
Chicago Title Insurance Company hereby guarantees in an amount not to exceed $85,099.00 that it has examined the
public records in MONTGOMERY County, Ohio as to the land described in Schedule A, that the record title to the
land is at the date hereof vested in Francine R. Schaffner and Randall J. Schaffner, wife and husband, for their joint
lives, remainder to the survivor of them by instrument recorded in Instrument No. 2006-00070819 and free from all
encumbrances, liens or defects of record, except as shown in Schedule B.
This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the
purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in
Schedule B and the Conditions and Stipulations contained herein.
This Report shall not be valid or binding until it has been signed by either an authorized agent or representative of the
Company and Schedules A and B have been attached hereto
Effective Date 03/24/2015
Issued By: ServiceLink CANO ATE TEE NSE AWE D CEOMIASY
400 Corporation Drive
Aliquippa,PA, 15001
800-439-5451
888-679-8711
Gme Pid
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Signed By:
Page 1 of7
SCHEDULE A
DESCRIPTION OF LAND
All that certain parcel of land situate in the County of Montgomery and State of Ohio, being known and
designated as follows:
Situate in the State of Ohio, County of Montgomery and City of Huber Heights and being Lot Numbered
11114 Herbert C. Huber Plat No. 40, Section Nine as recorded in Plat Book "90", Page 129 of the Plat
Records of Montgomery County, Ohio.
Parcel No. P70-01312-0067
Address: 7673 Stonecrest Drive, Huber Heights, OH 45424-2206
Page2 of7
SCHEDULE B
The matters shown below are exceptions to this Preliminary Judicial Report and the company
assumes no liabilily arising there from
1 2014 Ist % County Taxes are Paid in the amount of $1,030.47. Taxes accruing in
the current year. Tax ID P70-01312-0067. NOTE: CONTACT LOCAL TAX
AUTHORITIES FOR EXACT AMOUNTS DUE, PRIOR TO LOAN CLOSING.
2014 2nd % County Taxes are Open and due in the amount of $997.53. Taxes
accruing in the current year. Tax ID P70-01312-0067. NOTE: CONTACT LOCAL
TAX AUTHORITIES FOR EXACT AMOUNTS DUE, PRIOR TO LOAN
CLOSING.
Subject to Mortgage Dated 07/28/2006, Recorded 08/02/2006 in the office of the
Recorder of MONTGOMERY County, Ohio, in Inst No. 2006-00070820, executed
by Francine R. Schaffner and Randall J. Schaffner to MERS, Inc., as nominee for
Countrywide Home Loans, Inc., which states that it secured a debt in the principal
sum of $79,600.00. Assigned from MERS, Inc., as nominee for Countrywide Home
Loans, Inc. to The Bank of New York Mellon fka The Bank of New York, as
Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates,
Series 2006-14 in Inst No. 201 1-00040314, Recorded 07/13/2011.
Subject to Mortgage Dated 07/28/2006, Recorded 08/02/2006 in the office of the
Recorder of MONTGOMERY County, Ohio, in Inst No. 2006-00070821, executed
by Francine R. Schaffner and Randall J. Schaffner to MERS, Inc., as nominee for
Countrywide Home Loans, Inc., which states that it secured a debt in the principal
sum of $19,900.00.
Certificate of Judgment filed by Doug E. Pennington Tool Sales LLC vs Randall S.
Schaffner as set forth in Judgment No. 12CJ183271 Case No, 2011CVF01093 in the
amount of $1,447.80 plus interest and cost, Recorded 02/10/2012, in
MONTGOMERY County Records. Attorney information is not available or does not
apply.
Page 3 of 7
CONDITIONS AND STIPULATIONS
OF THIS PRELIMINARY JUDICIAL REPORT
1. Definition of Terms
“Guaranteed Party”: The party or parties named herein or the purchaser at judicial sale.
“Guaranteed Claimant”: Guaranteed Party claiming loss or damage hereunder.
“Land”: The land described specifically or by reference in Schedule A, and improvements affixed
thereto, which by law constitute real property; provided however the term “land” does not include any
property beyond the lines of the area specifically described or referred to in Schedule A, nor any right,
title, interest, estate, or casement in abutting streets, roads, avenues, lanes, ways or waterways.
“Public Records”: Those records under state statute and, if a United States District Court resides in the
county in which the Land is situated, the records of the clerk of the United States District Court, which
impart constructive notice of matters relating to real property to purchasers for value without knowledge
and which are required to be maintained in certain public offices in the county in which the land is
situated.
2. Determination of Liability
This report together with any Final Judicial Report or any Supplement or Endorsement thereof, issued by
the Company is the entire contract between the Guaranteed Party and the Company.
Any claim of monetary loss or damage, whether or not based on negligence, and which arises out of the
status of the title to the estate or interest guaranteed hereby or any action asserting such claim, shall be
restricted to this Report.
3. Liability of Company
This Report is a guarant ee of the record title of the Land only, as disclosed by an examination of the
Public Records herein defined.
4. Notice of Claim to be given to Guaranteed Claimant
In case knowledge shall come to the Guaranteed Party of any lien, encumbrance, defect, or other claim
of title guaranteed against and not excepted in this Report, whether in a legal proceeding or otherwise,
the Guaranteed Party shall notify the Company within a reasonable time in writing and secure to the
Company the right to oppose such proceeding or claim, or to remove said lien, encumbrance or defect at
its own cost. Any action for the payment of any loss under this Report must be commenced within one
year after the Guaranteed Party receives actual notice that they may be required to pay money or other
compensation for a matter covered by this Report or actual notice someone claims an interest in the Land
covered by this Report.
Page 4 of 7
5. Extent of Liability
The liability of the Company shall in no case exceed in all the amount stated herein and shall in all cases
be limited to the actual loss, including but not limited to attorneys fees and costs of defense, only of the
Guaranteed Party. Any and all payments under this Report shall reduce the amount of this Report pro
tanto and the Company’s liability shall terminate when the total amount of the Report has been paid.
6. Options to Pay or Otherwise Settle Claims: Termination of Liability
The Company in its sole discretion shall have the following options:
a. To pay or tender to the Guaranteed Claimant the amount of the Report or the balance remaining
thereof, less any attorneys fees, costs or expenses paid by the Company to the date of tender. If
this option is exercised, all liability of the Company under this Report terminates including but
not limited to any liability for attorneys fees, or any costs of defense or prosecution of any !
itigation.
To pay or otherwise settle with other parties for or in the name of the Guaranteed Claimant any
claims guaranteed by this Report.
To continue, re-open or initiate any judicial proceeding in order to adjudicate any claim covered
by this Report. The Company shall have the right to select counsel of its choice (subject to the
right of the Guaranteed Claimant to object for reasonable cause) to represent the Guaranteed
Claimant and will not pay the fees of any other counsel.
To pay or tender to the Guaranteed Claimant the difference between the value of the estate or
interest as guaranteed and the value of the estate or interest subject to the defect, lien or
encumbrance guaranteed against by this Report.
7. Notices
All notices required to be given to the Company shall be given promptly and any statements in writing
required to be furnished to the Company shall be addressed to Chicago Title Insurance Company.
Page 5 of 7
EXCLUSIONS FROM COVERAGE
1 The Company assumes no liability under this Report for any loss, cost or damage resulting from any
physical condition of the Land.
The Company assumes no liability under this Report for any loss, cost or damage resulting from any
typographical, clerical or other errors in the Public Records.
The Company assumes no liability under the Report for matters affecting title subsequent to the date
of this Report or the Final Judicial report or any supplement thereto.
The Company assumes no liability under this Report for the proper form or execution of any
pleadings or other documents to be filed in any judicial proceedings.
The Company assumes no liability under this Report for any loss, cost, or damage resulting from the
failure to complete service on any parties shown in Schedule B of the Preliminary Judicial Report
and the Final Judicial Report or any Supplemental Report issued thereto.
Page
6 of 7
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' Schaffner, Randall J (db) ohsbke 3:05-bk.38818 7 08/29/2005 0118/2008 Standard Discharge 01/10/2008
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FILE NO. 106214
\ SURVIVORSHIP DEED
‘ANNA ML BROWNLEE EA ANNA M, HOUSER, MARRIED of the County of Montgomery Stale of Onio,
with genera! werrenty covenants,
fo FRANCINE R. SCHAFFNER
AND ae 1 Schr SNIFE'ANS HUSBAND, fort ives,Fens fo the survivorof
, ‘addresses are 1673 Stonacrest Diva, Huber ‘Heights,OH 4
the folowing Rael Property:
Suats in the Siete of Ohio, County of Montgomery and Cy of Hub Halts and bang uot Num
attsHope ©. Huber Plat No. 49, Section Nine as recordedin Book “30”, Page 128 of the Plat
I
Parcel No, P70-13-12-57
Sold premiag ere coromyed subject toa remicions condone ant corenanis and toa eget igtmeye
and easements af r
‘od se a anaes i eh eee: a at
ped Microfiche No. 97-203002 of the Dead Records of Martgomery
Count “hla Porsa Ne PTO AS 1287 Derekd. Srounis, Se lean of tre Granta, rleasoe2
‘ights of dower therein.
Signed and nolartzed this Joly 28, 2008,
hens i brert has
Darrick
Le
J, Brownlee, Sr.
STATEOFOHIO COUNTY
OF MONTGOMERY 58.
Be It Remembered, Thet on this July 28, 2006, batore mo, the subscnber,@ Public io
and for said stale, personaly came Anna M. Brawnise tka Anna M. Houser and Derr J. Brownlee, St.
‘wife and husband, ne Granta a he forepcing Dect,‘and acknowledged the signing thereat to be tha
volunteryact and deed af the above signed person(s).
Inte Thereof, | have hereunto subscribed my name and affixed my seal an this day and
7
a
‘Notary Pubic: SS
pe
Rs
as) ar
Iain Seof
AX 2G ‘OsmoEpes m9, 2007
g o
al i
88 3
[This instrument was prepared by James R. Mitchel, y of Law
ais
e
Instrument mmber; 2006-D0070819 gear 1
Q008405
GENERAL WARRANTY DEED
Robert H. Deamum, Sr. aad Virginia E, Denman, husband and wife, of Montgomery C.uunty, Obio,
for valuable consideration paid, grant, with general wnmrenty covenants, to Anna M. Houser, whost
‘tax mailing address is: 1573 Stonecreat Drive, Huber Heights, Ohin 45424, the following Real
‘Property:
Steams in Me City of Huber ‘of Montgomery and State
af Ohio,
and belng Lot Numered 114 Heebers C, Huber Plat No, 40, Section Nine as
swoorded in Pls: Book "90", Page [29 of the Fiat Records of Montgomery County,
Parcel No. P70-13-12-67
Property adden: 7673 Shoncaren Drive, Huber Heaghts, Ohio 45474
‘Subjectto a asements, covensnts, conditions, restricuons and reservations
of record and alll zoning and legal highways,
PRIOR INSTRUMENT REFERENCE: Deed Microfiche 86-158 D10 of the Deed Records of
Monigomery County, Ohio
Hing all taxes und ssscsancats duc and payable with the Jone, 1997
inant an eran all of schich the grantee herein aatumes and agrevs
tn pay.
‘WITNESS their bards this 29th day of April, 1997.
Ageet aod 230.00
‘Signed and
‘inthe:
Kz EAR
Gy
Kavi Sulisdee Virgil B. Eeseaa Uy,
a l y
Print
or Type Name) $7, Mr,
‘STATE.OF OA10 Hoyr,
Fi
COUNTY OF MONTGOMERY ) 88:
‘BE YT REMEMBERED, that on this 29th day of April, 1997, bedre me,
sotary public and for said county and sise, personally exne Robert H. Dena.aa, Sr and Virginia
Ki‘Dem the iors inthe Toregoing Deed and acknowledged
the signing thereof to \.s their
polactine
2s oe
*y
S
ya
- Vv WHEREOF, | have hereunto subsctibed |my, may seal on
ce PrSe
&ae = roe
7 >
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This instrument prepared by:
os ‘creags L. Gallagher, L.P.A,
300 S. Fifth Street, Sulle 304
Columbus, Obia 43215
sit,
sboay SC tae torte
‘Sa olC ol
fe So. Bt
DEED 37 -BE93 cag
Sec
Tretrment maiber: W9VI-O00D0U0S
(tsi
d to me on the factory evidence person s whose =
abscribs to the within instrument and acknowledged to me.
ie same is Tuthorized capacity(ies), and that byHefhgDes signature(s) on the
instroment
the person(s), or the entity upon behalf
of which the person(s) acted, executed the
wsiews
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
foregoing paragraph is true and correct.
‘WITNESS
my hand and official seal.
i
Greg, Notary Public Arizona
Signature {Seal) ess sanuney 17, a
‘Virginia Ruelas
This instrument
was prepared by:
LERNER, SAMPSON & ROTHFUSS
A Legal Professional Association
P.O. Box 5480
Cincinnati, OH 45201-5480
Qos ats
Instrument Fuser: 2012-00040314 Seq: 2
@. sft
#298
After Recording Retum To:
geRS
COUNTRYWIDE HOME LOANS, INC.
MS Sv-79 DOCUMENT PROCESSING
P.O-Box 10423
a 98a
Van Nuys, CA 91410-0423
A
—--- [Spare Abore This Line For Recording Data)
99024005129907006
[Wee 1D 9)
MORTGAGE
MIN 1000157-0007010361-5.
‘THIS MORTGAGE
is made this 28th dayof JULY, 2006 berween the
Mortgagor,
FRANCINE R SCHAFFNER, AND RANDALL SCHAFFWER aka Randall J. Schaffner
3
Wife and Hu:
eo
(herein “Borrowes”), whose current mailing address is
6507 TULIP TREE COURT, HUBER HEIGHTS, OH 45424
and the Mongagee, Mortgage Electronic Registration Systems, Inc, (“MERS"), (solely ns nominee
for Lender,
as hereinafter defied, and Lender's successors and assigns), MERS is organized and existing under the laws
of Delaware, and has an address and telephone wumber of P.O. Box 2026, Flint, Mi 48501-2026, tel. (888)
679-MERS.
COUNTRYWIDE HOME LOANS, INC,
A CORFORATION
OHIO - SECOND MORTGAGE - 10- FHMAIFHLMC UNIFORM INSTRUMENT WITH tena
Page ot
Zp rancor oon CHL (0B/05)(cf) AF Matyaye Soltine n. AONEA-TON Amended 1/02
mn tA
es
Tasteument Mmher: 2006-00070821 Seq: 1
DOC ID #: 00014005129507006
Lender") is organized and existing under the laws of NEW YORK and has an
address of
4500 Park Granada, Calabasds, CA 91302-1613
WHERBAS, Borroweris indebted
to Lender in the principal sum of US, $ 19, 960.00 :
which indebtedness is evidenced by Borrower's note dated JULY 28, 2006 and extensions and
renewals theseof (hesein “Note"), providing for monthly installments
of principal and interest, with the balance
of the indebtedness, if not sooner paid, due and payableon AUGUST. 01, 2021
TO SECURE w Lender the repayment of the indebiedness evidenced by the Note, with the interest
thereon; the payment of all other sums. with the interest thereon, advanced in accordance herewith to protect
the security of this Mortgage; and the performance of the covenants and agreemems of Borrower hercin
contained, Borrower does hereby mortgage, grant and convey to MERS (solelya3 nominee for Lender and
Lender's successors and assigns) and to the successors and assigns of MERS, the following described
property Jocated in the County of MONTGOMERY , State of Ohio;
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which has the address
of
7673 STONECREST DRIVE, SUBER HEIGHTS Ohio
95424 [ZAP Code, (erin "Propeny Aaloeas"y
TOGETHER with all the improvements now or hereafter erecied om the property, and all easements,
‘ighta, appartenances and rents, all of which shall be deemed to be and remain @ part of the property covered
by this Mongage: and all of the foregoing, 1ogether with said property {or the leaseho}d estate if this Mortgage
is on a ieaschold) are hereinafter referred 10 as the “Property.” Borrowor understands and agrocs that MERS
holds only legal title to the interests ‘by Borrower in this Mortgage; but, if necessary 10 comply with
Jaw oc custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise
any of all of those interests, imchiding, but not limited to, the sight wo foreclose and sell the Property; and tc
take any action required of Lender incloding, but not limited to,releasing or canceling this
Borrower covenants that Bocower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property, and that the Praperty is unencumbered, except for encumbrances of
record, Borrower covenantsthat Borrower warrants and will defend generally the title 10 the Property against
all claims and demands, subject
to encumbrances of record.
Zp. TaN(08H eu CHL (08/05) Paget Form 3838
ee PPS
Instrument Raber: 2006-00070821 Seq: 2
DOC ID #: ¢0014¢05329907006
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall prompily pay when duc the principaland imterest
‘indebtedness evidenced by the Now and late charges as provided in the Note.
2. Funds for Taxes and Insuramce, Subjcct 40 applicable law or a writen waiver
by Lender, Borrower
shall pay 10 Lenderon the day monthly payments af principal and interest are payable under che Nove, nntil
‘the Note is paid in full, a sum (herein "Fumds") equal to one-twelfth of the yearly taxes and asscssmeurs
including condominium and planded unit development assessmenis, if any) which may attain priority over
this Mortgage and ground rents on the Property, if any, plus one-iwelfth of yearly premiom installments for
hazard insurance, plus onc-twelfth of yearly premium installments for mortgage insurance, if any, all a5
Ttasonably estimated initially and from time to time by Lender on the basis of assessments and bills aud
reasonable estimates thereof, Borrower shall not be obligated lo raake such payments of Punds 1 Lender
the exteat that Borrower makes such payments to the holder of a prio mortgage or deed of trust if such holder
is an institutional lender.
If Borrower pays Funds to Lender, the Funds shafl be held in an institution the deposits or accounts of
which ace insured or guaranteed by a federal or stale agency fincluding Lender if Lender is such an
fnstitudon). Lender shall apply the Funds to pay said waxes, assesstheats, insurance premivms and ground
rents. Lender may aot charge for so holding and applying the Funds, analyzing said account or verifying and
compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law
Permits Lender to make such a charge. Borrower and Lender may agzec in writing at the time of execution of
this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement 35 made or
applicable law eequires such interest to be paid, Lender shall not d¢ sequired to pay Borrower any interest or
cartings on the Funds. Lender shall give to Borrower, without charge, en annual accounting of the Ponds
showing credits and debits 00 the Funds and the purpose for which cach debit to the Funds was made, The
Punds are pledged as additional security for the sums sécured by this Mortgage.
If the amount of the Funds held by Lender. together with the future monthly installments of Funds
payable prior to the duc dates of taxes, assessments, insurance premiums and ground sents, shall exceed the:
amount required Lo pay eaid taxes, asecssments, insurance premivms and ground rents as they fall due, such
excese shall he, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on manthity
installments of Fonds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes,
assesments, iasurance premiums and ground renis as they fall due. Borrower shall pay to Lender any amount
necessary 10 make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Morigage, Lender shall promptly refund to Borrower
tay Funds held by Lender. If ander paragraph 17 hereaf the Property is sold or the Property is otherwise
acquired by Lender, Lender shall apply, no Iuter than immediaiely prior to the sale of the Property or its
acquisition by Lender, any Funds held by Lender at the time of application as a credit against che sums
‘secured by this Mongage.
3. Application of Payments. Unless applicable law provides olherwise, all payments received by Lender
oder the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable
to Lender by Borrowee under paragraph 2 hereof, then to imlerest payable on the Note, and then ¢o the
principal of the Note.
4. Prior Mortgages and Deeds of Trest; Charges; Liens. Borrower shall perform all of Borrower's
obligations ander any mortgage, deed of trust or other security agreement with a lien which has priority over
this Mortgage, including Borrower's covenants w make payments when due. Borrower shall pay or cause t0 be
paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may
attain a priority over this Mortgage, and Seasehold payments or ground rents, if any.
GE remo
r xcs GH (0B) Pag 8 Form 3838
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Instrument Number: 2p06-00070821 Sa
Doc ID $: 00014005129907006
5. Hazard Insuraare. Borrower shall keep the improvemenis now existing or hercalter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and such other
hazards a9 Lender may require and in such tmounis and for auch periods as Lender may zequire,
‘The insurance cartier providing the insurance shall be chosen by Boctower subject 10 approval by
‘Lender, provided, that such approval shal) not be unreasonably withheld. All insnrance policies and renewals
thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in
a form acceptable to Lender. Lender shall have ine right ro hold the policies and renewals thereof, subject to
the terms of any mortgage, deed af trust or other secority agreement with a lien which has priority over this
Mort
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower,
‘If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from
the date notce is mailed by Lender to Borrower thal the insurance carrier offers to settle a claim for insurance
benefits, Lender is authorized to collect and apply the insorance proceeds at Lender's option either to
restoration or repair of the Property or 1o the sums secured by this Mortgage.
6 Preservation und Malutensoce of Property; Leassholds; Condominiams; Planned Unit
Developments. Borrower shalt keep the Property in good repair and shall not commit waste or permit
impairment
or deterioration of the Property and shall comply with the provisions of any lease if this Monguge
is on a leasehold,
Jf this Mortgage is on a unit in a condominium or a planned unit development, Borower
shall perform all of Bortower's obligations weder the declaration of covenants or governing the
condominium or plained unit developmest, the by-laws and regulations of the coadominium or planned unit
development, and canstisuent documents,
7. Protection of Lender's Security. If Borower fails to perform the covenants and agreements
contained in this Mortgage, or if my action or procesding ie commenced which materially affects Lender's
intereat im the Property, then Lender, at Lender's option, upon notice to Borrower, may make such
appearances, dithurse such sums, including reasonable allomeys’ fers, and take such action as is necessary 10
Protect Lendies‘s interest. If Lender required morgage insurance as a condition of making ihe loan secured by
this Mo
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Wednes« pril 08, 2015 3:37:00 PM CASE NUMBER! 2015 CV 01863 Docket ID: 28210004 GREGORY A BRUSH REPORT NUMBER: CLERK OF COURTS MONTGOMERY COUNTY OHIO PRELIMINARY JUDICIAL REPORT Issued by Chicago Title Insurance Company ORDER NO: 3352384 Guaranteed Party Name: JOHN D. CLUNK - SPECIALIZED Guaranteed Party Address: 4500 COURTHOUSE BLVD STE 400 City, State, Zip Code: STOW, OH, 44224-6839 Pursuant to your request for a Preliminary Judicial Report (hereinafter “the Report”) for use in judicial proceedings. Chicago Title Insurance Company hereby guarantees in an amount not to exceed $85,099.00 that it has examined the public records in MONTGOMERY County, Ohio as to the land described in Schedule A, that the record title to the land is at the date hereof vested in Francine R. Schaffner and Randall J. Schaffner, wife and husband, for their joint lives, remainder to the survivor of them by instrument recorded in Instrument No. 2006-00070819 and free from all encumbrances, liens or defects of record, except as shown in Schedule B. This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party and the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the Exceptions contained in Schedule B and the Conditions and Stipulations contained herein. This Report shall not be valid or binding until it has been signed by either an authorized agent or representative of the Company and Schedules A and B have been attached hereto Effective Date 03/24/2015 Issued By: ServiceLink CANO ATE TEE NSE AWE D CEOMIASY 400 Corporation Drive Aliquippa,PA, 15001 800-439-5451 888-679-8711 Gme Pid Pameters f a arias i Lh eAby/ LP eae Signed By: Page 1 of7 SCHEDULE A DESCRIPTION OF LAND All that certain parcel of land situate in the County of Montgomery and State of Ohio, being known and designated as follows: Situate in the State of Ohio, County of Montgomery and City of Huber Heights and being Lot Numbered 11114 Herbert C. Huber Plat No. 40, Section Nine as recorded in Plat Book "90", Page 129 of the Plat Records of Montgomery County, Ohio. Parcel No. P70-01312-0067 Address: 7673 Stonecrest Drive, Huber Heights, OH 45424-2206 Page2 of7 SCHEDULE B The matters shown below are exceptions to this Preliminary Judicial Report and the company assumes no liabilily arising there from 1 2014 Ist % County Taxes are Paid in the amount of $1,030.47. Taxes accruing in the current year. Tax ID P70-01312-0067. NOTE: CONTACT LOCAL TAX AUTHORITIES FOR EXACT AMOUNTS DUE, PRIOR TO LOAN CLOSING. 2014 2nd % County Taxes are Open and due in the amount of $997.53. Taxes accruing in the current year. Tax ID P70-01312-0067. NOTE: CONTACT LOCAL TAX AUTHORITIES FOR EXACT AMOUNTS DUE, PRIOR TO LOAN CLOSING. Subject to Mortgage Dated 07/28/2006, Recorded 08/02/2006 in the office of the Recorder of MONTGOMERY County, Ohio, in Inst No. 2006-00070820, executed by Francine R. Schaffner and Randall J. Schaffner to MERS, Inc., as nominee for Countrywide Home Loans, Inc., which states that it secured a debt in the principal sum of $79,600.00. Assigned from MERS, Inc., as nominee for Countrywide Home Loans, Inc. to The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-14 in Inst No. 201 1-00040314, Recorded 07/13/2011. Subject to Mortgage Dated 07/28/2006, Recorded 08/02/2006 in the office of the Recorder of MONTGOMERY County, Ohio, in Inst No. 2006-00070821, executed by Francine R. Schaffner and Randall J. Schaffner to MERS, Inc., as nominee for Countrywide Home Loans, Inc., which states that it secured a debt in the principal sum of $19,900.00. Certificate of Judgment filed by Doug E. Pennington Tool Sales LLC vs Randall S. Schaffner as set forth in Judgment No. 12CJ183271 Case No, 2011CVF01093 in the amount of $1,447.80 plus interest and cost, Recorded 02/10/2012, in MONTGOMERY County Records. Attorney information is not available or does not apply. Page 3 of 7 CONDITIONS AND STIPULATIONS OF THIS PRELIMINARY JUDICIAL REPORT 1. Definition of Terms “Guaranteed Party”: The party or parties named herein or the purchaser at judicial sale. “Guaranteed Claimant”: Guaranteed Party claiming loss or damage hereunder. “Land”: The land described specifically or by reference in Schedule A, and improvements affixed thereto, which by law constitute real property; provided however the term “land” does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate, or casement in abutting streets, roads, avenues, lanes, ways or waterways. “Public Records”: Those records under state statute and, if a United States District Court resides in the county in which the Land is situated, the records of the clerk of the United States District Court, which impart constructive notice of matters relating to real property to purchasers for value without knowledge and which are required to be maintained in certain public offices in the county in which the land is situated. 2. Determination of Liability This report together with any Final Judicial Report or any Supplement or Endorsement thereof, issued by the Company is the entire contract between the Guaranteed Party and the Company. Any claim of monetary loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest guaranteed hereby or any action asserting such claim, shall be restricted to this Report. 3. Liability of Company This Report is a guarant ee of the record title of the Land only, as disclosed by an examination of the Public Records herein defined. 4. Notice of Claim to be given to Guaranteed Claimant In case knowledge shall come to the Guaranteed Party of any lien, encumbrance, defect, or other claim of title guaranteed against and not excepted in this Report, whether in a legal proceeding or otherwise, the Guaranteed Party shall notify the Company within a reasonable time in writing and secure to the Company the right to oppose such proceeding or claim, or to remove said lien, encumbrance or defect at its own cost. Any action for the payment of any loss under this Report must be commenced within one year after the Guaranteed Party receives actual notice that they may be required to pay money or other compensation for a matter covered by this Report or actual notice someone claims an interest in the Land covered by this Report. Page 4 of 7 5. Extent of Liability The liability of the Company shall in no case exceed in all the amount stated herein and shall in all cases be limited to the actual loss, including but not limited to attorneys fees and costs of defense, only of the Guaranteed Party. Any and all payments under this Report shall reduce the amount of this Report pro tanto and the Company’s liability shall terminate when the total amount of the Report has been paid. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability The Company in its sole discretion shall have the following options: a. To pay or tender to the Guaranteed Claimant the amount of the Report or the balance remaining thereof, less any attorneys fees, costs or expenses paid by the Company to the date of tender. If this option is exercised, all liability of the Company under this Report terminates including but not limited to any liability for attorneys fees, or any costs of defense or prosecution of any ! itigation. To pay or otherwise settle with other parties for or in the name of the Guaranteed Claimant any claims guaranteed by this Report. To continue, re-open or initiate any judicial proceeding in order to adjudicate any claim covered by this Report. The Company shall have the right to select counsel of its choice (subject to the right of the Guaranteed Claimant to object for reasonable cause) to represent the Guaranteed Claimant and will not pay the fees of any other counsel. To pay or tender to the Guaranteed Claimant the difference between the value of the estate or interest as guaranteed and the value of the estate or interest subject to the defect, lien or encumbrance guaranteed against by this Report. 7. Notices All notices required to be given to the Company shall be given promptly and any statements in writing required to be furnished to the Company shall be addressed to Chicago Title Insurance Company. Page 5 of 7 EXCLUSIONS FROM COVERAGE 1 The Company assumes no liability under this Report for any loss, cost or damage resulting from any physical condition of the Land. The Company assumes no liability under this Report for any loss, cost or damage resulting from any typographical, clerical or other errors in the Public Records. The Company assumes no liability under the Report for matters affecting title subsequent to the date of this Report or the Final Judicial report or any supplement thereto. The Company assumes no liability under this Report for the proper form or execution of any pleadings or other documents to be filed in any judicial proceedings. The Company assumes no liability under this Report for any loss, cost, or damage resulting from the failure to complete service on any parties shown in Schedule B of the Preliminary Judicial Report and the Final Judicial Report or any Supplemental Report issued thereto. Page 6 of 7 PACER Case Locator - View Page | of 1 , PACER a Locatar Bankruptcy P: Search Tue Mar3 1 record found 1015 User: servicelinkdefault Client: Search: Bankruptcy Party Search Name schattner, randall Ohio Page: 1 Party Name "¥ ‘Court Case ch Date Filed Date Closed Disposition ' Schaffner, Randall J (db) ohsbke 3:05-bk.38818 7 08/29/2005 0118/2008 Standard Discharge 01/10/2008 Rocalpt 09/01/2015 15:45:31 157205287 User servicelinkdefautt Cliont Description Bankruptey Party Search Nama sehatiner, randall Ohio Page: + Pages 1 ($0.10) https://pcl.uscourts.gow/view?rid=2 YsA13QCYFN Y fmO7wWLM9n 1 2bwi YST43 WhvBv3M... 3/31/2015 PACER Case Locator - View Page 1 of 1 PACER Bankruptcy Party Search Tue Mar 3 15:48:51 2015 ase tor ‘Vrecord fornd User: servicelinkdefault Client: ‘Search: Bankruptcy Party Search Name schatfner, francine Ohio Page: 1 arty Name Court Case Sh Date Filed Date Closed Disposition 1 Schaffner, Francine R (db) ohsbke 3:05-bk-38618 7 08/29/2005 1/18/2008 Receipt 03/31/2015 15:46:51 157206011 User servicalinkdetautt Client Description Bankruptcy Party Search Name echafiner, francine Ohio Page: 1 Pages 1 ($0.10) https://pel.uscourts.gov/view?rid=SCgeiqD VuntPnR 1 lvJUNuzmdY UbO8TOvapYBOhRH... 3/31/2015 oatgomery County, Obio - Treasurer http://worwameteas.org/master.cfan paride P70 01312 O067&taxyr... a Government —_ Services Visiting Business Employment Home Teasurer eS Home Treasurer FAQ ‘cma? Gevemmont> Iemaxorar> eal att axons Sash (Change of Adcras= —— | — an ge Tax Races OE Tact! |CeeValse, fnew Ea! [Tax Lien Information a Year: (Tax Year, (Current Parcel iD: [Property Owner far Selected [Ficowiceds * Downie Po 613120087 ISCHAFFNER FRANCINE RAND poa |a ag Property Records Master information — [eurrent Owner W the Audltor tude ‘STONEOREST DR [Owner4 [ECHAFFNER FRANGINE RAND Disclaimer re RANDALLJ ise Code [Tax Lien gible [ko fTax Walling Name and Address (Ghanas of Address it [Name-Schoo!_ HUBER HGTS.1HH. CSD. ‘Mating Name 4 \AFFNER FRANCINE R AND [Total Rat (05.8000, ~ [Matting Nema 2 iDALL J (Addreas1 7873 STONECREST OR tAdarass2 lactdrass3 [DAYTON OH 45404-2006 (Mortgage ICORELoGIC {compary (Legal ——4 [Bales egal Dose + ita HG HUBER 40-9 [Legal Desc 2 (Date (oz-o1-2008 pests ‘Legal Dese3 [Price "$89,500.00, -Baginning Valuas. wm 100% [Current Values 28% 100% ‘Land 7,000 20,000 Land 7.000 0,000 Improvements 16,800 65,080 improvements ‘12,800 65,990 CAD a [rota 726,600 78,860 [Fotar 228,200 75,900] | Genes | Malin | Buses Enlognent Goverment | Hone ‘Copyright @ 2511, Motiggmery Cou. Ohio go iW. ye DFT Aes . P's y Ww Naa Goer Thin ee ae ATG Als Eero Noe. w!S Loft anya e ne ne gomery Lounty, Obio - Treasurer ttpd//wwwmetreas.org/taxes.cin parid=P7D 01312 0067é&taxyr~2.. = Government Servicer Visiting Business: Employment Home Measures Home Treasurer Home> Govecoment > Zeasuttr> Real Beats Tx tnformation System Change of Adore Form, Tax Rates, oa ocei a sn Inormation [Curent Parcer 10; [Praperty Cumer far Selected Year: "Tax Year: Fite oe | jP70 01812 0067 | SCHAFFNER FRANCINE RAND iama | as [HEY Property Records: ecomer Home Tax Information E-mailthe Treas (MOTE: Unpald taxes from tax yoar 2013, payable 2014, won tax yaar 2014 a6 delinquent, Please check East ater tax year 2014 for umpatd tax detalis, Paid taxes show in the year they were paic In full. ao Please be sure to check the Mastor information scien for Tax Lien Sale status. If "SOLO", contact the ‘Treasurer's office for details. Firat Half Taxes Tax Year| ReauProject Adjusimonts ‘Amount Due 7? $i 6.00 (200 $34 jie a 0. 3: Total %4, 9%. Second Ault Taxer "Tax Year] Charge, ‘Aniaint Doe a7 30) $103 3088 3957.53 ‘$997. ‘Prior Year Adjwatraents Tacvear[ ReallProject {Seren ace vents| Soman Arte (Sub-Fatar $0.00] Prior Year ChargeaiDelinguant Taxes: Taxvour]” RealProject | charge. ‘Adjustments | Pennents ant Die jub-Total $4.00) 30.00] ‘sa $0.09} Tax Year] RealiProject ne aa Payments ream | [Sub-Total Grand Totals ‘Charge Adjustments | Payments | Amount Due [Grand Tota $2,028.09] 30.00) ($1,030.47) ‘3807, Beymonts Poried tau March 80,2015 Project Number Description ni7a [Arc FEE 1200 (oT UGHTINS 1100 |MGDIAP MED”AGUIFER PRES SUBD ‘Seneca Serices| Yikting Aussats| Eesha} He Comistas z0t2, Mammary Coat. Ore lofi aI Aare aan ee @1135ou UDETOR, Conv/Tran #1 15491 $199.00 —aae FILE NO. 106214 \ SURVIVORSHIP DEED ‘ANNA ML BROWNLEE EA ANNA M, HOUSER, MARRIED of the County of Montgomery Stale of Onio, with genera! werrenty covenants, fo FRANCINE R. SCHAFFNER AND ae 1 Schr SNIFE'ANS HUSBAND, fort ives,Fens fo the survivorof , ‘addresses are 1673 Stonacrest Diva, Huber ‘Heights,OH 4 the folowing Rael Property: Suats in the Siete of Ohio, County of Montgomery and Cy of Hub Halts and bang uot Num attsHope ©. Huber Plat No. 49, Section Nine as recordedin Book “30”, Page 128 of the Plat I Parcel No, P70-13-12-57 Sold premiag ere coromyed subject toa remicions condone ant corenanis and toa eget igtmeye and easements af r ‘od se a anaes i eh eee: a at ped Microfiche No. 97-203002 of the Dead Records of Martgomery Count “hla Porsa Ne PTO AS 1287 Derekd. Srounis, Se lean of tre Granta, rleasoe2 ‘ights of dower therein. Signed and nolartzed this Joly 28, 2008, hens i brert has Darrick Le J, Brownlee, Sr. STATEOFOHIO COUNTY OF MONTGOMERY 58. Be It Remembered, Thet on this July 28, 2006, batore mo, the subscnber,@ Public io and for said stale, personaly came Anna M. Brawnise tka Anna M. Houser and Derr J. Brownlee, St. ‘wife and husband, ne Granta a he forepcing Dect,‘and acknowledged the signing thereat to be tha volunteryact and deed af the above signed person(s). Inte Thereof, | have hereunto subscribed my name and affixed my seal an this day and 7 a ‘Notary Pubic: SS pe Rs as) ar Iain Seof AX 2G ‘OsmoEpes m9, 2007 g o al i 88 3 [This instrument was prepared by James R. Mitchel, y of Law ais e Instrument mmber; 2006-D0070819 gear 1 Q008405 GENERAL WARRANTY DEED Robert H. Deamum, Sr. aad Virginia E, Denman, husband and wife, of Montgomery C.uunty, Obio, for valuable consideration paid, grant, with general wnmrenty covenants, to Anna M. Houser, whost ‘tax mailing address is: 1573 Stonecreat Drive, Huber Heights, Ohin 45424, the following Real ‘Property: Steams in Me City of Huber ‘of Montgomery and State af Ohio, and belng Lot Numered 114 Heebers C, Huber Plat No, 40, Section Nine as swoorded in Pls: Book "90", Page [29 of the Fiat Records of Montgomery County, Parcel No. P70-13-12-67 Property adden: 7673 Shoncaren Drive, Huber Heaghts, Ohio 45474 ‘Subjectto a asements, covensnts, conditions, restricuons and reservations of record and alll zoning and legal highways, PRIOR INSTRUMENT REFERENCE: Deed Microfiche 86-158 D10 of the Deed Records of Monigomery County, Ohio Hing all taxes und ssscsancats duc and payable with the Jone, 1997 inant an eran all of schich the grantee herein aatumes and agrevs tn pay. ‘WITNESS their bards this 29th day of April, 1997. Ageet aod 230.00 ‘Signed and ‘inthe: Kz EAR Gy Kavi Sulisdee Virgil B. Eeseaa Uy, a l y Print or Type Name) $7, Mr, ‘STATE.OF OA10 Hoyr, Fi COUNTY OF MONTGOMERY ) 88: ‘BE YT REMEMBERED, that on this 29th day of April, 1997, bedre me, sotary public and for said county and sise, personally exne Robert H. Dena.aa, Sr and Virginia Ki‘Dem the iors inthe Toregoing Deed and acknowledged the signing thereof to \.s their polactine 2s oe *y S ya - Vv WHEREOF, | have hereunto subsctibed |my, may seal on ce PrSe &ae = roe 7 > o This instrument prepared by: os ‘creags L. Gallagher, L.P.A, 300 S. Fifth Street, Sulle 304 Columbus, Obia 43215 sit, sboay SC tae torte ‘Sa olC ol fe So. Bt DEED 37 -BE93 cag Sec Tretrment maiber: W9VI-O00D0U0S (tsi d to me on the factory evidence person s whose = abscribs to the within instrument and acknowledged to me. ie same is Tuthorized capacity(ies), and that byHefhgDes signature(s) on the instroment the person(s), or the entity upon behalf of which the person(s) acted, executed the wsiews instrument. I certify under PENALTY OF PERJURY under the laws of the State foregoing paragraph is true and correct. ‘WITNESS my hand and official seal. i Greg, Notary Public Arizona Signature {Seal) ess sanuney 17, a ‘Virginia Ruelas This instrument was prepared by: LERNER, SAMPSON & ROTHFUSS A Legal Professional Association P.O. Box 5480 Cincinnati, OH 45201-5480 Qos ats Instrument Fuser: 2012-00040314 Seq: 2 @. sft #298 After Recording Retum To: geRS COUNTRYWIDE HOME LOANS, INC. MS Sv-79 DOCUMENT PROCESSING P.O-Box 10423 a 98a Van Nuys, CA 91410-0423 A —--- [Spare Abore This Line For Recording Data) 99024005129907006 [Wee 1D 9) MORTGAGE MIN 1000157-0007010361-5. ‘THIS MORTGAGE is made this 28th dayof JULY, 2006 berween the Mortgagor, FRANCINE R SCHAFFNER, AND RANDALL SCHAFFWER aka Randall J. Schaffner 3 Wife and Hu: eo (herein “Borrowes”), whose current mailing address is 6507 TULIP TREE COURT, HUBER HEIGHTS, OH 45424 and the Mongagee, Mortgage Electronic Registration Systems, Inc, (“MERS"), (solely ns nominee for Lender, as hereinafter defied, and Lender's successors and assigns), MERS is organized and existing under the laws of Delaware, and has an address and telephone wumber of P.O. Box 2026, Flint, Mi 48501-2026, tel. (888) 679-MERS. COUNTRYWIDE HOME LOANS, INC, A CORFORATION OHIO - SECOND MORTGAGE - 10- FHMAIFHLMC UNIFORM INSTRUMENT WITH tena Page ot Zp rancor oon CHL (0B/05)(cf) AF Matyaye Soltine n. AONEA-TON Amended 1/02 mn tA es Tasteument Mmher: 2006-00070821 Seq: 1 DOC ID #: 00014005129507006 Lender") is organized and existing under the laws of NEW YORK and has an address of 4500 Park Granada, Calabasds, CA 91302-1613 WHERBAS, Borroweris indebted to Lender in the principal sum of US, $ 19, 960.00 : which indebtedness is evidenced by Borrower's note dated JULY 28, 2006 and extensions and renewals theseof (hesein “Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payableon AUGUST. 01, 2021 TO SECURE w Lender the repayment of the indebiedness evidenced by the Note, with the interest thereon; the payment of all other sums. with the interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreemems of Borrower hercin contained, Borrower does hereby mortgage, grant and convey to MERS (solelya3 nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property Jocated in the County of MONTGOMERY , State of Ohio; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 7673 STONECREST DRIVE, SUBER HEIGHTS Ohio 95424 [ZAP Code, (erin "Propeny Aaloeas"y TOGETHER with all the improvements now or hereafter erecied om the property, and all easements, ‘ighta, appartenances and rents, all of which shall be deemed to be and remain @ part of the property covered by this Mongage: and all of the foregoing, 1ogether with said property {or the leaseho}d estate if this Mortgage is on a ieaschold) are hereinafter referred 10 as the “Property.” Borrowor understands and agrocs that MERS holds only legal title to the interests ‘by Borrower in this Mortgage; but, if necessary 10 comply with Jaw oc custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any of all of those interests, imchiding, but not limited to, the sight wo foreclose and sell the Property; and tc take any action required of Lender incloding, but not limited to,releasing or canceling this Borrower covenants that Bocower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Praperty is unencumbered, except for encumbrances of record, Borrower covenantsthat Borrower warrants and will defend generally the title 10 the Property against all claims and demands, subject to encumbrances of record. Zp. TaN(08H eu CHL (08/05) Paget Form 3838 ee PPS Instrument Raber: 2006-00070821 Seq: 2 DOC ID #: ¢0014¢05329907006 UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall prompily pay when duc the principaland imterest ‘indebtedness evidenced by the Now and late charges as provided in the Note. 2. Funds for Taxes and Insuramce, Subjcct 40 applicable law or a writen waiver by Lender, Borrower shall pay 10 Lenderon the day monthly payments af principal and interest are payable under che Nove, nntil ‘the Note is paid in full, a sum (herein "Fumds") equal to one-twelfth of the yearly taxes and asscssmeurs including condominium and planded unit development assessmenis, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-iwelfth of yearly premiom installments for hazard insurance, plus onc-twelfth of yearly premium installments for mortgage insurance, if any, all a5 Ttasonably estimated initially and from time to time by Lender on the basis of assessments and bills aud reasonable estimates thereof, Borrower shall not be obligated lo raake such payments of Punds 1 Lender the exteat that Borrower makes such payments to the holder of a prio mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shafl be held in an institution the deposits or accounts of which ace insured or guaranteed by a federal or stale agency fincluding Lender if Lender is such an fnstitudon). Lender shall apply the Funds to pay said waxes, assesstheats, insurance premivms and ground rents. Lender may aot charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law Permits Lender to make such a charge. Borrower and Lender may agzec in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement 35 made or applicable law eequires such interest to be paid, Lender shall not d¢ sequired to pay Borrower any interest or cartings on the Funds. Lender shall give to Borrower, without charge, en annual accounting of the Ponds showing credits and debits 00 the Funds and the purpose for which cach debit to the Funds was made, The Punds are pledged as additional security for the sums sécured by this Mortgage. If the amount of the Funds held by Lender. together with the future monthly installments of Funds payable prior to the duc dates of taxes, assessments, insurance premiums and ground sents, shall exceed the: amount required Lo pay eaid taxes, asecssments, insurance premivms and ground rents as they fall due, such excese shall he, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on manthity installments of Fonds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assesments, iasurance premiums and ground renis as they fall due. Borrower shall pay to Lender any amount necessary 10 make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Morigage, Lender shall promptly refund to Borrower tay Funds held by Lender. If ander paragraph 17 hereaf the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no Iuter than immediaiely prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against che sums ‘secured by this Mongage. 3. Application of Payments. Unless applicable law provides olherwise, all payments received by Lender oder the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrowee under paragraph 2 hereof, then to imlerest payable on the Note, and then ¢o the principal of the Note. 4. Prior Mortgages and Deeds of Trest; Charges; Liens. Borrower shall perform all of Borrower's obligations ander any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants w make payments when due. Borrower shall pay or cause t0 be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and Seasehold payments or ground rents, if any. GE remo r xcs GH (0B) Pag 8 Form 3838 FeO Instrument Number: 2p06-00070821 Sa Doc ID $: 00014005129907006 5. Hazard Insuraare. Borrower shall keep the improvemenis now existing or hercalter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards a9 Lender may require and in such tmounis and for auch periods as Lender may zequire, ‘The insurance cartier providing the insurance shall be chosen by Boctower subject 10 approval by ‘Lender, provided, that such approval shal) not be unreasonably withheld. All insnrance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have ine right ro hold the policies and renewals thereof, subject to the terms of any mortgage, deed af trust or other secority agreement with a lien which has priority over this Mort In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower, ‘If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notce is mailed by Lender to Borrower thal the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insorance proceeds at Lender's option either to restoration or repair of the Property or 1o the sums secured by this Mortgage. 6 Preservation und Malutensoce of Property; Leassholds; Condominiams; Planned Unit Developments. Borrower shalt keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Monguge is on a leasehold, Jf this Mortgage is on a unit in a condominium or a planned unit development, Borower shall perform all of Bortower's obligations weder the declaration of covenants or governing the condominium or plained unit developmest, the by-laws and regulations of the coadominium or planned unit development, and canstisuent documents, 7. Protection of Lender's Security. If Borower fails to perform the covenants and agreements contained in this Mortgage, or if my action or procesding ie commenced which materially affects Lender's intereat im the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, dithurse such sums, including reasonable allomeys’ fers, and take such action as is necessary 10 Protect Lendies‘s interest. If Lender required morgage insurance as a condition of making ihe loan secured by this Mo