Complaint,Petition: 09 CV E 12 1838 BAC HOME LOANS SERVICING LP vs. PICCOLO, PHIL F et al EHK

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it 200953576

a (c)

7 COURT OF COMMON PLEAS

v DELAWARE COUNTY, OHIO

a G = 12 -/98
3 BAC Home Loans Servicing, LP fka Case No. OF VEZ SBF
: Countrywide Home Loans Servicin:

2 Y S Judge Everett H. Krueger

LP

7105 Corporate Drive, Mail
Stop PTX-C-35

Plano, TX 75024

COMPLAINT IN FORECLOSURE

Permanent Parcel No. 519~-313-

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‘

I

1

|

1

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1

Plaintiff | 10.049-000

vs. ]

1

Phil FP. Piccolo aka Felix A. |

Piccolo

148 Blue Spruce Court t

Delaware, OH 43015 I

1

Antionette J. Piccolo aka |

Antoinette J. Piccolo '
148 Blue Spruce Court | ~
Delaware, OH 43015 | S
oo
1 ry
Delaware County Treasurer | Q
91 North Sandusky Street ! ~_
Delaware, OH 43015 2
Defendants. & =
oo

COMPLAINT
COUNT ONE

1. Plaintiff is the holder of a note, a copy of which is

attached hereto as Exhibit 'A'. By reason of default under the

terms of the note and the mortgage securing same, plaintiff has

declared the debt evidenced by said note due, and there is due

Piccolo aka Felix A. Piccolo

a

thereon from the defendants, Phil F.

CVE12
gene ae
ETN an 00098480145

COMPLAINTand Antionette J. Piccolo aka Antoinette J. Piccolo, $89,342.99,
together with interest at the rate of 5.2500% per year from
August 1, 2009, 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

2. 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.

3. The mortgage was filed for record on May 14, 2004, in
Volume 503, Page 2040, of the county recorder's records and it was
assigned to the plaintiff herein. The conditions of defeasance
contained therein have been broken; plaintiff has complied with
all conditions precedent; and plaintiff is entitled to have said
mortgage foreclosed. A copy of said Assignment is attached
hereto as Exhibit 'C'.

4. Plaintiff says that the defendant, Delaware 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,

Phil F. Piccolo aka Felix A. Piccolo and Antionette J. Piccolo akaa

Antoinette J. Piccolo, in the amount of $89,342.99, together with
interest at the rate of 5.2500% per year from August 1, 2009, 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 other defendants herein be required to set up their

liens or interests in said ré estate or be forever barred from

asserting same.

Ohio Supreme Court Reg. #0081719

Amy Hathaway

Ohio Supreme Court Reg. #0075169

Brad J. Terman

Ohio Supreme dsurt Reg. #0083974
LERNER, SAMPSON & ROTHFUSS

Attorneys for BAC Home Loans Servicing,
LP fka Countrywide Home Loans Servicing
LP

P.O. Box 5480

Cincinnati, OH 45201-5480

(513) 241-3100

(513) 241-4094 Fax

(877) 661-7891 Toll Free Fax
attyemail@lsrlaw.com

cso Supedee Co Trial CounselPrepared by: OUANE C. GROOMS

NOTE
MAY 05, 2004 OHIO
(Date} {City} [State]

148 BLUE SPRUCE CT, DELAWARE, OH 43015
[Property Address)

1. BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. $ 131,200.00 (this amount is called
“Principal”), plus interest, to the order of the Lender. The Lender is
AMERICA'S WHOLESALE LENDER
J will make: all payments under this Note in the form of cash, check or money order.
I 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. I will pay interest at a yearly

rate of 5.250 %.

‘The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note. .

3. PAYMENTS

(A) Time and Place of Payments

I will pay principal and interest by making a payment évery month,

I will make my monthly payment on the FIRST day of each month beginning on

JULY O01, 2004 . L will make these payments every month until I have paid all of the principal and interest and any
other charges described below that I may owe under this Note. Hach monthly payment will be applied as of its scheduled due
date and will be applied to interest before Principal. If,on JUNE 01, 2019 , 1 still owe amounts under this Note, I
will pay those amounts in ful] on that date, which is called the "Maturity Date.”

‘I will make my monthly payments at
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if required by the Note Holder.

@) Amount of Monthly Payments

My monthly payment will be in the amount of U.S. $ 1,054.69 .

4. BORROWER'S RIGHT TO PREPAY

Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate @
payment as a Prepayment if I have not made all the monthly payments due under the Notc.

I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note, However, the Note Holder may apply my Prepayment
to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of
the Note. If I make a partial Prepayment, there will be no changes in the duc date or in the amount of my monthly payment
unless the Note Holder agrees in writing to those changes.

5. LOAN CHARGES:

If a Jaw, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
Joan 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 I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
a8 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 theendof FIFTEEN calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %ofmy
overdue payment of principal and interest. I will pay this late charge promptly but only once on each Jate payment .

@) Default
IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default. PEL.
MULTISTATE FIXED RATE NOTE-Singie Family-Fannte Moe/Freddie Mac UNIFORM INSTRUMENT Intute!
. MP MORTGAGE FORMS - (800)521-7201
aD, -5N (0207).01 CHL (93/03)(4) Paget ofz Form 3200 1/01

nn Aeq e :

LOAN #7 aeeee

(©) Notice of Default

If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is mailedto me or
delivered by other means.

(D) No Waiver By Note Holder :

Byven if, at a time when I em in default, the Note Holder does not require me to pay immediately in full as described above,

the Note Holder will stil] have the right to do so if I am in defauit at a later dime,

(E) Payment of Note Holder's Costs and Expenses
IE 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 1 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 agninst 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.

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 (thé "Security Instrument”), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may ‘be required to make immediate payment in full
of all amounts I 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 all sums secured by this Security Instrument,
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide
a period of not Jess 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 Sccurity Instrument without further
notice or demand on Borrower.

PHIL P. PIccoLo , BY
ATTORNEY IN FACT

Geal) (Seal)
-Borower -Borrower
{Sign Original Only}

Dn (0207).01 CHL (03/03) Page zof2 Form 3200 1/01» . pepaconeetys e@

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a VOLO 50 Sraui2 040 DELAWARE COUNTY, CHIO
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i ‘Aficr Recording Return To: .
{ COGNTRYWIEG KOME TOANS, INC, Ge Beak 502 Page 200 ~ 2055
‘M3 SV-79 DOCUMENT PROCESSING
a 2,0.Box 10423 2004000221 71
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2005222 06095625734905004
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MORTGAGE

MIN 3090157-0903683503-9

REAL LIVING TITLE Bek A QQNSS9
CTRAUOMEO?

DEFINITIONS

‘Words used in multiple rections of this document arc defined below aud other words are defined in Sections 3,
11, 23, 18, 20 and 21. Ceain mules regarding the usage of words uscd in this document are also provided in
Section 16,

(A) “Sceurity Instrument” means this document, which is dated MAY 05, 7004
with all Riders to thixdocument,
B) "orcower™ is |
PHLL F RICCO, ANC ANIOINETTE J. PICCOLO; HUSBAND AND WIFE
*By DIANA M, CEA, HIS ALTORNEY IN PACT
**BY DTANA M, CEA, HER ATTORNEY IN FACT

‘OMI0-Singla Farnily-Fonnia baeiFreddie Mac UNIFOMN INSTRUMENT WITH MERE A.

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SB,2n.014 201) CHR INAXE) VP UnATGAGE FORMS @opszT T=
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EXINBIT A
Sltaated in the County of Delaware, State of Ohio, and in the City of Delaware:

Being Lot Number S883 in Nottingham Section 1, as the same is nurobered and defincated upon the
recorded plat thereof, of record la Plat Cabinet 1, Stide 360, Recorder's Office, Delaware County,

Ono,

RE; 148 Blue Spruce Court
Daeware, OF 3015e 0503 M2042 e@

boc [0 #: 06005625734905004
Borrower i¢ the mortgegar under this Socurity Instrument.
a (C) "MERS" is Mortgage Bkectrontic Registration Systems, Inc. MFRS is a separalc corporation that is acting
. solely a3 4 nomince for Lemter and Lenders’s successors and pesigns. MERS is the mortgagee uoder this
Security Instrument. MERS is organized and cristing under the laws of Delaware, and has an address and
; telephone namber of P.O, Box 2026, Flint, MI 48501-2026, te. (888) 679-MERS.
- (D) "Lender" is
a AMERICA'S “HOLESALZ “NER .
Lenderisa CORPORATION 7

a organizod and existing wider the Iaws Of NEW YORK .
. Lender's addzess iz
a P.O, Sox €60694, Dallas, TX 75266-9694 .
a (E) "Note" means ths promissory note signed by Borrower and dated MAY 95, 2004 The
at Note statcs that Borrower owes Lender
an ONS HUNDRED THIRTY ON2 THOUSAND TWC HUNDRED snd 00/100
Dollar (U.S. 5 131, 200.00 } plus interest. Borrower has promised to pay this debt in regular

Periodic Payroents and to pay the debt in full not later than JUNE 01, 2039
) "Property" means the propery that is described below under the heading “Transfer of Rights in the

Property.”
(G) "CLoan” means the debt evidenced by the Note, plus interest, any prepeyment charpes and laie charges
tue under the Note, and al! ums due under thes Security Instrument, plus interest.

(H) “Riders” means all Ridera to this Security Instrument thar ar executed by Burrowes. The following
Riders are to he cxecutod by Borrower [check box as applicable):

Adjnstable Rate Rider Condominiuna Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(a) [specify]

@D "Applicable Lav" means all controlling applicable federal, state and loca) staluics, regulations,
ordinanocs and administrative mules and orders (that have the effect of law) a8 well as all applicable fina),
non-appealable judicial opinions.

(1) “Community Association Dues, Fees, and Assesements means all dues, fees, asxeaaments and other
charges that nre.impnsed on Borrower or the Propemty by a condominium essocistion, hameowuers wasociation
or similar organization.

(K) "Rlectronic Fuads Transfer" means uny transfer of finds, ocher than a trinsaction originated by chock.
drefL or similar paper instramem, which is initiated through an electronic terminal, telephonic instrument,
compater, ar magnetic tape so as lo order, instruct, oF acihorizc a financial instmtion to debit or credit a0
account, Such term includes, but is not limited to, pomt-of-ssle transfers, automated teller mackine
transactions, transfors sniviaied by telephone, wire transfcrs, and mromated clesringhouse transfers.

(L) “Escrow Hems" racans those items that are described in Section 3.

(M) "Misceftaneous Proceeds" means uy compensation, settlement, award of damages, or p-oceeds paid by
any third party (other thas intsurance proceec's paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, Ure Property: (ji) condemnation or other taking of all or any part uf the Property; (iii)
conveyance in lieu of condemeation: or (iv) roistepresentaions nf, or omissions as to, the vahse and/or
condition of the Property,

(N) "Mortgage Josurance” menns insuranes protecting Lender against the nonpayment of, ur default on, the
Toran,

(0) "Periodic Payment” ean te regulaty scheduled anount Gut fo) panspa) wines
Note, plus (6) any amounts under Soctivn 3 of this Securky Instracient. ee, Oe

ZD_-ex00M cro) CHL (OTD Page 2 of 13 oe

v. e yLo503 PRLZO43 @

DOC ID #: 9G005629734905004

(P) “RESPA™ means the Real Estete Sewlement Procedores Act (32 U.S.C, Section 2601 et seq.) and ita
implementing regulation, Regulation X (24 CR. Part 3500), as they might be amended from time to time, of
any addirional or successor legislation or rogulation that governs the same subject snatter. As uscd in this
Security Instrument, "RESPA™ reters to af! requirements end restrictions that ace imposed io regurd to
“federally related mongage loan” even if the Loan does not qualify a1 a “federally related mortgage toan*
under RESPA,

{Q) “Successor in Interest of Borrower” means any party that has mken tle lo the Property, whether oF not
that party has assumed Dorrower's obligetions under thc Note and/or this Security Instrument.

“TRANSFER OF RIGHTS IN TUL PROPERTY
This Security Insiremont sccurey to Lendzr: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the pecformance of Rormwer's covenamts and agresments under this
Scourity Testrument and uie Note, For this purpose, Borrower docs hereby momgage, srant and convey 10
MBRS (talely ag nominee for Lender and Londer's successors and ussigns) and to the successors and assigns
‘of MERS the following described property located in the

COUNTY of DELAWARE
[type of Recording Jursicion] (Naame of Recording Jariadietont
SEE EXHIB: "A" ATLACHED HERETO AND MADE A PART HERECF.
Parcel [D Number: which currently has the address of
148 BLUE SPRUCE CZ, DELAMARE :
(SuectCuy)
Ohio 43215 ("Property Address"):
Top code)

TOGETHER WITH atl the improvements now or hereafler erecied on the property, anc all easements,
apportenances, and fixtures now or hecealler a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foreguing is referred to in this Security Instrument og the
“Property.” Rorrower onderstands xnd ugrees thet MERS holds only legal title ta the interests granted hy
Rorower in this Security Instrument, bot, if necewary to comply with law or custom, MERS (as rexnince for
Lender und Lender's successors and sssigns) has the right tw exercise any or all nf those interests, including,
but nox limited to, the right t0 foreclose and sell the Property; and to Izke any action required af Lender
including, bat nor limited to, releasing and canceling thie Security Insirurmeat.

__ BORROWER COVENANTS that Rorrawer is lawfully seised of the estate hereby conveyed and has the
right 10 mortgage, grant and convey the Properly and that the Propemy it unencumbered, except for
encumbrances of record, Borrower warrants and will efend generally the title to the Property againat

claims and demands, sunject to any encurubrences of secord.
ab Fel
tS ti,

D_AHOM ore cre over) Page2otts Far 3038 1701so e 9.0503 PEZO4N @

DOC IO #; 200C5625734505004

a THIS SECURITY INSTRUMENT combines unifurm covenants for national ose and nomumiforrt

7 covenants with hntited variations by jurisdiction tw constitute a unifora security insrumcnt covcring real

3 property,

* UNIFORM COVPNANTS, Borrower and Lendcr covenant and agree as follows;

3 1, Payment of Principal, Interest, Facrow lems, Prepayment Charges, and I.ate Churges. Bower
; shail pay when due the principal of, and interest on, the debt evidencal by dhe Note and any prepayment
“4 charges and late charges due nnder the Note. Borower shall also pay funda for Escrow Ilems purscant to
n Section 3, Payments due ander che Note and this Sccunty Insurument shall be made in U.S. currency.

. However, if eny check or other insirument eecelved by Lender as paymont under the Note ar this Security
mn Instrument is returned to Lender unpaid, Lender may require thel any o¢ all subsequent payments due ander
t the Note and this Sceurity Instrument be made iu one or more af the followiag forms, as sclected by Lender:
it (@) cash; (b) money order; (c) cemified check, bank check, treasurers check of cashicr’s check, provided any
such check is drawn upon an institution whose deposits are insured by a tederal agency, instrumcntalily, oF

entity; ar (d) Electronic Funds Transfer,

Payments are deemed received by Lender when recived at the locatlon desijmated iu the Note oe at such
other location a8 may be Uesignated by Lender in accordance with the notice provisions in Section 1$, Lender
unay return any payment or partial payment if the payment or partial payments are insufficient to bring the
Taan current, Lender ingy accept any payment or partial payment insufficient to bring the Loun current,
withont waiver of any rights hezcuadcr or prejudice to ite rights 10 refuse such payment or purtial payments in
the funuee, Dut Lender is not obtigaicd to apply such peymen.s at ihe ime sch payments are accepted. If each
Periodic Payment is applied as of ils scheduled due date, then Lender need nut pay interest on unapplied
funds. Lender may hold such unapplicd funds until Borrower makes payment to being the Loan current. If
Borrower does not do so withia w reusonable period af time, Lender shall either apply such funds or retxm
ther 10 Borrower, IF not applied eartier, auch fonds will be applied to the outstanding principal halance under
the Note immediately prior to foreclosure, No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Socurtty Ingtrument
or performing the covenants and agreements xecurcd by this Security Instrument.

2, Application of Payments or Procecds, Except as orherwisc devcribed in this Section 2, all peympents
accepted amd applied by Lender shall be applied in the following order of priority: (a) interest doe under Ihe
Note; (b) principal cine under the Note; (c) amounts due under Soction 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shal] be epplied first to
fare charges, second (0 any other amounts chut under this Security Lastrument, and than to reduce the principal
balance of the Note,

If Lender receives a payment from Borrower for a delinquent Periodic Payment which inches 4
sufficient umount 0 pay any Jate charge dus, the payment may be applied to the deEnquent payment and the
Jute charge, If more than one Periodic Paymex: is outstanding, Lender may epply xoy payment received from
Boeruwer (0 the repayment of the Prtiodic Payments if, and to the exteng that, cach payment can be paid in
ull. To the extent shat any excess cxisrs ufler the payment ix applied tp the full payment of cms ar more
Periodic Payments, such excess may be applied to any late charges due, Voluntsry prepayments stall be
applied first to any prepayroont charges and then as described In the Note.

‘Any application of payments, insurmce proceeds, of Miscellaneous Proceeds to principal due under the
Note shail nut extend or postpone the dive date, or change the amount, of the Periodic Payments,

3. Funds for Eacenw Items, Borrower shall pay tn Lender cn the day Prriodic Pryments are due wmder
the Note, until the Note is paid m (ul, a sam (the “Punds*) 1 provide fsr puyatent of amounts due for: (a)
taxes and asvcysments and other items which can attain priority over this Secnrity Instrument as a isn or
encumbrunce cm the Property; (b) leasehold payments oc ground rents on the Property, if any; (c) premiums
for any and all msirance required by Lenuer nnder Section 5; and (4) Mortgage Insurance premiums, if any,

LUZ Et

B,-ex0H) (wm) CHL (av) Page df 5 Form 3038 1101e yososnazoss |= @

DOT ID #: 06005825734905004

cor any sums payable by Borrowor to Lender in lieu of the payment of Mortgage Imurence premiums it
nocurdance with the provisions af Section 10, These iremes are culled “Eacrow Items.” At origination or at any
time during the (wat of the Loan, Leader may require that Community Association Dues, Fees, and
‘Agsessments. if any, be escrowed by Bocrower, and suctt dues, feen and assessmenis shall be an Escrow Tier.
Borrower shall promptly fomnish to Lender all naxices of emounts to be paid under this Section. Bomnwer hall
pny Lender the Funds for Escrow Kerns unless Lender waives Burrower's obligation w pay the Funds for any
‘or all Escrow Items. Lender may waive Borrower's obligation lo pay to Lender Funds for any or all Escrow
Trem at any time, Any auch waiver may Only be in wring, In the event of such waiver, Borrower ehall pay
directly, when and where payable, the amounts duc for any Escrow Items for which payment of Punds has
been waived Ly Lender and, if Lender requires, ahall fumish to Lender receipts evidencing sach payment
‘within such time period as Lender awy require. Borrower's obligation to mike soch payments snd to provide,
reccipis shall for all purposes be deemed w be a covenant ‘and agreement contained in this Security
Instrument, 26 the phrase "covenant and ugreement” is used im Soction 9. 1f Borrower is obligated to pay
‘Fecrow Items directly, pursuant to 8 waiver, and Borrowes fails to pay the amount due for an Becrow lem,
Lendee may exercise its rigs under Section 9 and pay such axwent and Borrower shall thea be obliguted
under Section 9 10 sepay 10 Lender any such amount Lender may revoke the ‘waiver as {0 any of all Escrow
Items nt any time by a notice given in accordance with Section 15 and, opua such revncation, Borrower shall
pay to Lender all Funds, ond ja such amounts, that arp then required under this Section 3.

Lender may, at any time, collect and old Punds in an amount (n) nufficicnt w porenit Lender to apply the
Funds ai the time specified under RESPA, and (b) not in exceed the maximum amount & lendor can require
under RESPA. Lender shall estimate the amuunt of Funds dne on the bava of current data and reasonable
estimates of expenditures of future Escrow Stems or otherwise in accordance with Applicable Law.

"The Finds shail be held in an institution whose deposits are insured by a federal agency, instramentality,
of entity (including Lender, if Tender is an institution whose deposits are 90 insured) or in any Federal Home
Loan Bank. Lender shel! apply the Funds to poy the Eacraw ftems no Tater than the time specified under
RESPA, Lancer shall not charge Borrower for halding and applying the Tundx, anqwally unelyzing the escrow
accent, of verifying the Escrow Items, unless Lender pays Rorrower interest unt tie Ponds and Applicable
‘Law petmits Lender to make such a change, Unleas an agreement ig made in writing ar Applicable Law
requires interest to he paid an the Funds, Lender shall nox be required to pay Borrower any interest or earings
‘on the Funds, Borrower and Lender can agree in writing, however, that intercst shall be paid on the Punds,
Lender shall give to Borrower, without charge, an annyal accounting of the Funds as required by RESTA,

If there Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall eccoant to Borrower
for the excess funds in secordance with RESPA. If there is a shoctage of Funds held in escrow, an defined
under RESPA, Lender shall notity Borrower as required by RESPA, and Burrower shall pay w Lemlcr the
aunount necessery to make up the shortage in accordance with RESPA, but in ao more than 12 mwuthly
payments, If there iy @ deficiency of Funda held in escrow, as defmed onder RESPA, Lender shall notify.
Botrower ax retyvired by RESPA, and Borrower shall poy to Lender the ammount necessary 10 make up the
deficiency in eccordance with RESPA, but in no more than 12 monthly payments.

‘Upon payment in full of atl sums secured by this Security Insuument, Lender shalt promptly refund to
Rormnwer any Ponds held by Lender.

4, Charges; Liens, Borrower shell pay all nines, assessments, charges, fmes, and iopositions attribuable
to the Property which can auain pnority over this Secasity Instrument, leaschokd payments or ground rems on
the Property, if eny, and Coromeuity Asvocicsion Dues, Fees, and Assessments, if any. To the extent that nese
items are Escrw Items, Borrower stall pay them in the manner provided in Section 3.

Borrower shall prompily discharge ury lien which has pelacity over this Sccvsity Instrument imlcss
Rorawer: (a) ngrées in writing to the payinent of the obligation secured by the lien in a manner acceptable 1
Lender, but only so king ax Boodwer is perfnrning such agreement; (b) contests the Lien in good fauth by, oF
defends ugainst enforcement of the Tien in, legal proceedings which in Tenders opinion operate ta prevent the

¢nforceroent of the lien while those procecdimys are pending, but oaly und] such proc ine 7° pit
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(or (c) sevures from the hold of the lien an agreement satisfactory to Lender svbordinating the lien tu this

Secority Instroment. Jf Lendl determines thet any part of the Property ia subject vo a Tien which can allain
a Priority over this Secunty Infiiment, Lender may give Borrower a nctice ident ying the lien, Within 10 days

a of the date on which ther node is given, Borrower shall vutisfy the Vien or lake one of more of the actions s¢t
: forth above in this Section 4, .
3 Lender may require Bolfower to pay a one-time charge for a real estate tax verification andlor sporting:

Borrower shall keep the improvements now existing ar Nereufter erected on the
a Property inswred against loll by fire, hazards included within the 1crm *extenrled coverage,” and any other
u hazards meluding, but not fimited o, ¢artyuekes and floods, fur which Lender requires insarance, This
insurance shall be maintai in the amounts (including deductible levels) and for uhe periods that Lender
requires. What Lender requifpx pursuant (0 tre preceding sentences can change during the term of the Loan.
The insurance carrier peoviffing the insurance shall be chosen by Bartower subject to Lender's rigm to
disapprove Borrowers choi, which Hight shalt not be exercised unressomubly. Lender may require Borrower
to pay. in conection with tis Zan, either: (8) n one-time charge for flood 7Ame determination, cer:ification
and tracking scrvices; or (bff 2 one-tirve charge for Flood zone determination und certification services and
subsequent churges each tie semappings or similar changes occur which reasonably might affect such
determinulion or certificaticl! Boccowet shall also be responsible for the payment of any foes imposed by the
Federal Emergency nt Agency in comicctioa with the raview of ary Mood zone deternination
xespiting from an obj Borrower,

Af Borrower fails to atain any of the covereyey described above, Lender may obtain insurance:
coveruge, al Lender's opiionfnd Borrower's expense. Lender is under no obtigntion ¢o purchase any particular
lype or amount of coverag@ Therefore, such coverage shall cover Lender, but might or mighl not protect
Rorower, Borrower's equi in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide reater or lesser coverage man was previously in effect, Borrower acknowledges
that the coat of the insur coverage ao obtained might significantly exceed ihe cost of msuranct shat
Borrower could have oblaingfl, Any amoumts disbursed by Lender ander this Section 5 shall become aditional
debt of Borrower secured Security Instroment, These avwunts shall Bear interest ul the Note rave froma
the dale of disbursement alld shall be payable, with such interest, upoo notice from Lender to Bomower
requesting payment

All insurmnce policies [Eauiced by Lender and tenewals af such policies shall be subject w Lenders right
to disapprove wch policicall shall include 9 standard mortgage clause, and shall narne Lender a mortgagce
and/or as an additional lux payee. Lender shall have the right 9 hold the pulicies and renewal certificuies, If

by Borrower. Unless Lender and Borrower otherwise agrec in
1s, whether or not the undertying insurance wes required by Lender, shall be
Applie€ to restoration or repair of the Property, if the restoration or repair is economically feasible and
‘Lender's sscnrity ix not lessdned. During such repair and restoration period, Lender shall have the right ta hold
such insurance prucecds unit! Lender has had an opportunity to inapect suc Property to ensure the work has
been completed to Lender's satisfaction, pruvided that such inspectinn ahull be undertaken penmpdly. Lender
Tay disburse proceeds for the repairs and restoration in a single payment or in a series of progress paymeni¢
ay the work is completed. Uinlevs am agreement i€ made in writing or Applicable Law requures interest 10 be
Paid on noch insursice proceeds, Cender shall not be required t0 pay Borrower any intesest or earnings on
such proceeds. Fees for public adjusters, or othe third parties, rtgined by Borrower shall 2xx be paid out of
the insurance prmcecds and shat! be the sole abligation of Borrawer, If the enor is My
2A.

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a
- economically feasible or Lender's security would be lessened, the inrurance proveeds shall be applied to the
ums yevured by this Security Inutrument, whether or not then due, wath the excess, if any, paid to Borrower,
2 Such insurnnce proceeds shail be applied i the order provided for in Seutton 2.

‘ It Burrower abandonn the Property, Lender may file, negotiate and acttle any available insurance claim
a and related matters, If Borrower does nol respond within 30 days to a notice frore Leader that the insurence

carner has offered to seaie a claim, thea Lenucr may negotiate and settle the clsina. The 30-day period will
begin when the notice in given. In either event, or if Lender acyvires the Property under Section 22 or
0 otherwise, Borrower hereby assigns to Lender (a) Rarrowcr's rights to any insurance proceeds in an amunnt
Tot to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrowes’s
rights (other than the righl (o any refund of uncamed premiums paid by Borrower) under all msumusce policies
covering the Proparty, insofar as Ruch rights are applicable w the coverage of the Property. Lender may use
the insurance proceeds elther to repair of restore the Property of to pay amounes umpakd wader the Note or this
Security Instroment, whether os nut dhen due,

6. Occupaniey. Borrower stall occupy, establish, and use the Property as Burroway's principal residence
within 60 days: after the execution of this Security Insteument and shall continue 0 occupy the Property as
Burrower’s pincipal residence for at Jeam one year afer she dare af occupancy, unless Lender otherwise
agtees in wetng, which concent shall not be unreasonably wizhheld, nr unless extenuating circumstances exist
which are beyond Borrower's enntral,

7. Preservation, Meiatenance and Protcction of the Property; Inspections, Borrowcr shall not
destroy. damage ot impr the Property, allow the Property to deteriorte or commit wasic on ihe Property.
‘Whether of not Bortower is residing in the Property, Borrower stall maintain the Eroperty in order wo prevent
the Property from deteriorating ar decreasing in value doe to lus condition, Unless it is determined pursuant to
‘Section $ that repaie of restoration 18 not economically feasible, Borrower shall promptly sepair ube Property if
damaged 10 avoid further deterioration or damage, If insuratce or condemnation proceeds ace paid im
connection with damage ¢9, o¢ the taking of, the Property, Rocrower shall be responsible for repeizing or
realoring the Property only if Lender tas released proceeds for such purposes. Lender may disburse proceeds
for the repairr and restoration in a single payment or in a series of progress payments ax the work is
comptcted. IF the insusance or condemnacion proceeds are not cuffictent to pair or restore the Property,
Borrower is not relieved of Bosrowcr’s obligution for the completion of such repair of restoration,

Lander or its agent may make reasonahle entries upon and inrpections of the Property. If it har
reasonable cause, Lender may inspect the interior of the improvernenta of the Property, Leader shaD give
‘Bannwer notice at uhe time of or prior t0 such an interior imspection specifying such reasonable cause.

8, Borrawer's Loan Application. Borrower shall be in defaclt if, during the Loan application process,
Borrower or any pernons of entiica acting mt the direction of Bocower ar with Romower's know lecgs or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with matscia) information) in connection with the Loan. Meterial representations include, but
are not lirelied to, representations conceming Borrowes's occupancy of the Property ax Borrower's principal
residenes.

9, Protection of Leader's Interest In the Property and Rights Under this Security Insteument, If (3)
Borrower {ui!s 10 perform the covenants and agtecments contained in chis Securicy Instrument, (b) there is 4
legal proceeding that might signiSicently affect Lendcr’s interest in the Property und/ax rights under thin
Security Tostuument (mich ag a priceedng in bankruptcy, probate, for cundemnation or farfeiture, for
enforcement of a hen which may allain prioricy over this Security Insument or ta enforce Laws or
regulations), or (0) Borrower hes abandoned use Propery, then Lender may do and pay for whatever is
reasonable of eppropriate 10 protect Lender's interest ia the Property and rights under thix Security Inyirument,
including prolecting atne asrersing the value of the Property, and sewing and'or repairing the Property.
Lenders actions can include, hut are rat traced to: (@) paying any sunw secured by & lien which has priority
over this Security Inyinauent; (b) eppearing in court; and (c) paying reasonable attomeys’ fees to pmxect i3

inigrest an the Property and/or righia ender this Sccurity Iratrumnent, inchiding ive “OH
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baakmptcy proceeding, Securing the Property includce, but is not limited 1, entering the Property to make
repairs, change lacks, ceplace or board up doors and windows, drain walcr Irom pipes, Climinate building or
other code viulations or dangerous conditions, and huve utilitier rumed on or off. Although Lender may tale
action under this Section 9, Lender docs not havc to do so and Is nol under any daty of obligation wo da so, It
i ugrced that Lender incurs no Liability for nl taking any or all actions anthorized under this Section 9.

‘Any amocnis disbursed by Lender under this Section 9 shall becorue additional debt of Borrawer secured
by this Security Instrument, These amounts shall bear interest at the Note reap fromm the date of disbursement
and shall be payable, with such interest, upon nolice from Lender lo Boerower requesting payment.

If this Security Instrument is on a Teasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquirea foe tide to the Property, the feaschold and the fcc title shall now merge unless Lender
ssyees to tho merger in writing.

TO, Mortgage Insurance, If Lender required Mortgage Insurance ax a oundlicion of making the Loan,
Borrower shall pay the premiums required 19 maintwin ihe Mortgage Insurance in effect. f, for any reason, the
‘Mongage Insurance covemge required by Lender ceases t0 be available from the mungage insorcr that
Previously provided such insurance and Borrower was required 1o make ecparaicly designated payments
inward the peeminms for Morigage Insurance, Borrower shall pay the promcms required to obtain coverage
substantially equivalent io the Mortgage Insurmnce previously int cffoct, st» cont substantially equivalent ta the
cost to Borrower of the Mortgage Insurance previously in effet, from an altercaic mortgage insurer selocied
by Leneer, If substantially equivaleal Mortgage Insurance coverage is neq available, Borrower shall continve
10 pay w Lendcr the amount of the separately designated payments that were due when tho insurance coverage
ceased to be in effect. Lender will accent, use and retain these payments as a non-refundable loss reserve in
ficu of Morgage Insurance. Such loss rescrve shall be nos-refundablc, notwithstanding the fuct that rhe Loan
is ultimately paid in full, and Lender shall not be required to pay Burrower any interest or carings om auch
Toss reserve. Lends can no longer require fors reserve payments if Mongage Insurance coverage (in the
‘amoual and for the period tha, Lender requires) provided by an imaurer selected by Lender again becumes
‘available, in obtained, and Lender requires scpamtcly designated payments toward the premiums for Mortgage
Insurance. IF Lender required Mortgage Insurance as a condition uf making the Loan ad Borrower was
reyuired to make separntcly designated payments mward the premiuros for Morigage Insarance, Borrower
shall pay the promnitrns required to maintain Murtgage Insurance in effect, or to provide a non-refanduble low
reserve, until the Lender's requirement for Mortgage Insurance ends m excordance with any wnitea agreement
between Rorrower and Lender providing for snch termination or unit termination iv required by Apnlicable
Law. Nathing in this Section 10 affects Borrower's obligation to pay intcrest at the rate provided in the Note,

Mortgage Insurance reimbursca Lender (or any entity that puichases the Notc) for cenain lasses it may
incue if Rorrower docs Dot repay ue Loan a8 agreed. Borrower is not a pany tw the Mortgage Inacance,

Mortgage insurere evahsate their toxal risk on all such insurance in force frum time 10 time, and smay exxer
imo agreements with other panies Unat share or modify their risk, ur reduce losses, Thee ayrecmients are on
teems and croditions that are sabsfactory wn the martgage insurer and the other party (ar partics) to these
agfeements, These agrecments may require the morgage insurer to make payment using uny source Of funds
that the mortgage insurer unay have available (which may include funds chained from Mortgage Insurance
premiums),

‘AS a result of these agreements, Tender, any purchaser of the Note, another insores, any seinsurer, any
other cniity, or eny affiliate of any of the forcgcing, may receive (directly or indirectly) ansounrs thar derive
from (or might be charneterized ae) @ portion of Borrower's payments far Mortgage Insorance, in exchange for
sharing or modifying the morgage insurer's risk, or reducing losses. If snch agreoment provides that sat
affiliate of Lender takes a share of the insurer's tisk in exchange fur & share of the premiums paid to the
iagorer, the arrangement is often termed "captive teinursace.” Further:

(a) Any mech sgreements will not affect fhe amounts that Bocrower lias agreed te pay for Murkyge
Insurance, or uny other terms of the Loan, Sach agreements will not increase the amount Borrower

‘owe for Mortgnge Tosurenea, and they wil aot elite Borrower inary refund, (2/5 A
Fortsusd tot”

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DOC 1D 4; 090056257249050C4

(D) Any suck agrcemcoty will not affect the rights Borrower baa - if any - with respect fo the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law, These rights my
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Morigage losurance terminated xulomatically, and/or to receive a refund of any
‘Martgage Insurance premhmms (hul were unearned at the time af euch cancellation or termination.

1. Assignment af Miscellaneous Proceeds: Forfelture. All Miscellancous Proceeds are hereby
‘assigned to and shall be paid to Lender,

If the Property is damaged, auch Miscellanzaus Proceeds shall be applied to restoration or repair of the,
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and resinration period, Leader hall haw: (he right to hold sucti Miscellansous Proceeds antif Lender has
had an opportunity to inspcer scch Property to ensmme the work bas baen completed to Lender's satisfaction,
provided thal such inspection shatl be undertaken promplly, Lender may pay for the eepairs and restoration
1 single disbursement or in a series of progress payments a3 the work is completed, Unless an agreement is
roade in writing or Applicable Law sequitcs interest to be paid on such Miscellaneous Proceeds, Lender shall
roa be requitce to pay Borwer any interest or eamings on such Mirtellaneous Pruceeds, If the rextoradon or
repair is nol economically feasible or Lenders sccurity would be kesstned, the Miycellancous Procecda shall
tbe applied to the sums secured by this Security Instrument, whethor or sx then due, with the excess, if ary,
paid to Borrower. Such Miscellanedus Proceeds shall he applicd ia the osder provided for in Section 2.

In the event of a total laking, destmction, of loss im value of the Property, the Miscellaneous Proceeds
shall be applied to die sums secured hy this Security Instrument, whether oe not then de, with the excess] if

1g, destruction, or loss in valoe.of the Property in which the fair market value
of the Property immediately before the partial taking, destroction, ot toss in value is cqual w or greater

the amount of the ums secured by this Security instrument inumodlotely before che partial taking,
destruction, or lons in value, unless Borrower and Lender otherwise agrot in writing, the sums secured by this,
‘Security Instrument shall be reduced by the amount of the Misceltanenns Pracocds roultiplied hy the following
{raction: (a) the totul umount of the sums secured immediately before the panel taking, destruction, o loss in
value divided by (b) the fair market value of the Property immediately before the partial taking, desteuction,|or
ous in value. Any halance sball be paid to Borrower.

Tn the cvent of & partiat taking, destruction, or loss in value of the Property in which the fair markel va
of the Property immediately before the partial taking, destruction, or loss in value i less than the amount of
the sums secured immediately before the partial taking, destruction, or lost in value, unless Borrower and
Lender ctherwise agroc nt writing, the Miscellancous Proceeds shall he applied to the sums secured by Ubis
Security Instrument whether or not the sums ure then due.

I the Property is abandencd by Borrower, ar if, afler notice by Lender to Borrower that the Oppo
Party (ee defined in the next sentence) offers to make an award Lo settle a clalm for damages, Borrower faifs}t0
respond w Lender wahm 30 days after the date the notice is given, Lender is ainhurized to coflect and apply

Miscellaneous Proceeds or the patty against whom Boerower has a right of action in regard a Mincellan
Proceeds.

Lender's judgment, could result in forteitur: of the Property or other maxerial impuinment of Lender's in
in the Property or rights under this Sccurity Insirumert, Borrower can cure such a defact and, if acccloral

ruling that, in Lender's jodgment, procludes forteiture of the Property ur other material impairment of Lon
interes! in the Property of righty under this Security Instrument, ‘The proceeds of any award or claim
damages thal sxe attributable to the impairment of Lender's interest in the Property are hereby soni
shall be paid (0 Lender.

Gy sAcorn (coon cu er zy Pegad ot 8. ® ¥L0509 PABEZOSO e

Dec 1D #: 00905625734905004

‘All Miscellaneous Proceeds that ere not applied to rcstorulion or repair of the Property shall be spplied in
the order provided for in Section 2.

Tt. Borrower Not Released; Forbearance Ry Lender Not a Waiver, Extension of the timo for
payment or modification of amortization of the sua secured by this Seeority Instrument granted by Lender ‘0
Borrower or any Successor in Inserest of Borrower shall not operate to release the Jinbility of Dorruwer or any
Successors in Inverest of Borrower. Lener shall mot be required to commence preecdings against any
Successor ip Inecest of Borrower or 40 refuse to eatend time for payment or otherwise modify amortization of
the sums secured by this Security Inaiument by reason of any demand made by the vriginel Bocrower or my
Suocestore in Interest of Borrower. Any forbearance by Lender in exercising any right of remedy metuding,
without loitation, Lender's acceptance of payments from ihizd persons, entities or Successors in Inerest of
Bomower or in amounts less than the amount then duc, shall not be a waiver of or precinde the cxercise of any
ight or remedy.

13, Joint and Several Liabillty; Co-signers; Snccesors and Assigns Round. Borrower covenants und

agrecs that Burower's obligations and jiabitity shall be jvint and several, Mowever, any Bo