Preview
200954761
(ss)
COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
Case No. OG CVE 12.1920
Chase Home Finance LLC
3415 Vision Drive tee Tueate Ld,
Columbus, OH 43219 Judge Everett H. Krueger
Plaintiff COMPLAINT IN FORECLOSURE
vs.
Permanent Parcel No, 318-140-
I
1
|
'
|
’
|
1
Sandy K. Thoman aka Sandra Vie ooa ooo
Thoman I
4564 Big Walnut Road '
Galena, OH 43021 |
'
Scott A. Rice I
4564 Big Walnut Road I
Galena, OH 43021 '
5
dP Morgan Chase Bank, N.A. | mn
c/o CT Corporation System t nN
1300 East 9th Street, Suite 1010 | “
Cleveland, OH 44114 ' 2
I —
Delaware County Treasurer ' ©
91 North Sandusky Street | ao
Delaware, OH 43015 1
'
Defendants. |
COMPLAINT
COUNT ONE
1. Plaintiff is the holder of a note, a copy of which is
attached hereto as Exhibit ‘A’. By reason of default under the
terms of the note and the mortgage securing same, plaintiff has
declared the debt evidenced by said note due, and there is due
thereon from the defendant, Sandy K. Thoman aka Sandra Thoman,
{wea am a a oscvetz
i iid A iiilliii 1320$205,061.90, together with interest at the rate of 5.8750% 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 January 31, 2006, in
Volume 684, Page 2123, 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 ‘Cc’.
4. Plaintiff says that the defendant, Scott A. Rice, may
claim an interest in the subject property as the current spouse
of the defendant-titleholder, Sandy K. Thoman aka Sandra Thoman.
5. Plaintiff says that the defendant, JP Morgan Chase Bank,
N.A., may claim an interest in the above described property by
virtue of a mortgage from Sandy K. Thoman aka Sandra Thoman andScott A. Rice, filed for record on 01/31/06, in Volume 684, page
2143, of said County Recorder's Records.
6. 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 defendant,
Sandy K. Thoman aka Sandra Thoman, in the amount of $205,061.90,
together with interest at the rate of 5.8750% per year from August
1, 2009, and as may be subsequently adjusted pursuant to the terms
of the Note, plus court costs, advances, and other charges, as
allowed by law; that plaintiff's mortgage be adjudged a valid
first lien upon the real estate described herein, and that said
mortgage be foreclosed; that said real property may be ordered
sold, and that plaintiff be paid out of the proceeds of such sale;
for such other relief, legal and equitable, as may be proper and
necessary; and that all the other defendants herein be required toset up their liens or interests ip 3 te or be forever
Ohio Supreme Court Reg. #0083974
LERNER, SAMPSON & ROTHFUSS
Attorneys for Chase Home Finance LLC
P.O. Box 5480, Cincinnati, OH 45201-5480
(513) 241-3100/(513) 241-4094 Fax
(877) 661-7891 Toll Free Fax
attyemail@lsrlaw.com© °
5/1 LIBOR ARM — CONFORMING
“ “FIXED/ADJUSTABLE RATE NOTE
(LIBOR One-¥car Index (As Published In The Hal Street Journal)-Rate Caps)
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN AOJUSTABLE
INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY AQJUSTABLE INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY.
January 26, 2006 WORTHINGTON = on
(Carey (ey . [swel
4564 BIG WALNUT RD, GALENA, OH 43021
(Prupeny Adare
1. BORROWER'S PROMISE TO PAY
{In retum for a Joan that Ihave received, I promise to payUS.$ 216,000.00 (this amount 1s called
“Principat"), plus interest, to the order of Lender. Lender is .
JPMORGAN CHASE BANK, N.A.
,organized and existing under the laws of the U.S.A.
I will make all payments under this Note in te forin of cash, check or money ardcr.
J understand that Lender may transfer thus Note, Lender or anyone who takes thus Nols by transfer and who is entitled
{0 receive paytnents under this Note is called the "Note Holder.”
2. INTEREST . .
Interest will be charged on unpaid principal until the full amount of Principe! has been paid. 1 will pay inlerest at #
yearly rete of 5.875 Y% The interest rate [will pay may change in accordance wi Section 4 of this Note
The inicrest rate required by this Section 2 and Section 4 of this Note is the mate ] will pay both before and afier any
default described in Section 7(B) of this Note,
3. PAYMENTS
(A) Time and Place of Payments
T will pay principal and interest by making a payment every month.
J will inake my monthly payinents on the first day of cach month beginning on March O1, 2006 .
1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described
below Lal 1 may owe under this Note, Each monthly payment will be applied as of its scheduled duc date and will be
applied to interest before Principal. Ion February” 01,2036 , T still owe amounts under this Note, I
vill pay those amounts in Full on that dutc, which is called the "Maturity Date.”
Till make my monthly payments at :
P.Q. BOX 79046, PHOENIX, AZ 85062-9046
or ata different place if required by the Note Holder
(B) Amount of My Initial Monthly Payments. :
Each of my initial monthly payments will be in theamouni of US. § 1,277.72 This amount may
change.
(C) Monthly Payment Changes
Changes In my montily payment will reflect changes ia the unpaid principal of my loan and in the interest rate Uhat 1
most pay, The Note Holder will determine my new interest rate and the changed amount of my monttily payment in
accordance wilh Section 4 of this Note.
4 ADJUSTABLE INTEREST RATE AND MONTE
(A) Change Dates .
‘The initial fixed interest cate 1 will pay will change to an adjustable interest rat¢ on the first day of
February 201 Jand the adjustable interest rate I will pay may change on thal day every 12th mont thereafter
Y PAYMENT CHANGES
MULTISTATE FIXED/ADJUSTABLE RATE NOTE « WSJ One-Year LIBOR- Singie Family - Fanrve Mae Uniform instrument
Hy V82n orm) Form 3628 6/01
Yup MOR IOAGE FORMS (00521-TIit
‘The date on which my initial fixed interest cate changes to an adjustable interest rate, and each date ‘on which my adjustable
interest rate could change, is called a “Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The “Index” is the avenge
Of interbank offered ries for one-year U.S, dollar-denomnineted deposits in the London inarkct ("LIBOR"), as published in
The Wail Street Journal, The most recent Index figure available as of the dae 45 days before each Change Date is called the
"Current Index,”
Af the Index is no longer available. the Note Holder will choose a new index that is based upon comparable
information, The Note Holder will give me notice of this choice.
(C) Calenlation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Cne-Quarter
perceningc points( 2.250 %) 10 the Current Index. The Note Holder wit]
then round the resull of this addition 19 the nearest one-eighth of one percemage point (0.125%). Subject 10 the limits stated
in Section 4(D) below, this rounded amount will be my new interest sate umtil the nex! Change Dac,
The Note Holder will then determine the amount of the monthly payment that would be sufficient 10 repay the unpaid
Principal that 1 am expecied 10 owe at the Change Date ‘in full on the Maturity Date al my new interest rate in substantially
equal payments ‘The result of this calculstion will be the new amount of my monthly payment
(D) Limitx on Interest Rate Changes
The interest rate I am required to pay at the first Change Dure will not be greaterthan 10,875 Yor less
than = 2,250 %, Thereafler, my adjustable interest rate will never be increased or decreased on any
single Change Date by more than two percentage points from the rate of interest 1 have been paying for the preceding 12
months, My infcrest rate will never be greater than 10,875 %
{E) Effective Date of Changes
My nev interest rate will become effective on each Change Date. [will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again,
(F) Notice of Changes
The Note Holder will deliver o¢ mail ta me a notize of any changes in my inittal fixed imterest rate to an adjusiable
interest rate and of any changes in iny adjustable inerest rate before the effective dats of any change, The notice will include
the amount of my monthly payment, any information required by law to be given (0 me and also the title and telephone
nuinber of a person who will answer any questlon I inay have regarding the notice.
5, BORROWER'S RIGHT TO PREPAY
T have the rig 19 make paymenis of Principal at any time before they are due. A payinent of Principal only is known
as a "Propayment.” When 1 make a Prepayment, t will tell the Note Holder in whiting that 1am doing so. 1 may not
designate a payment as a Prepayment if [ have not made all the monthly payments due under this Note,
J may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my
Prepayment to the nccrued and unpaid interest on the Prepayment amount tefore applying my Prepayment to reduce the
Principal amount of this Note. It f make a partial Prepayment, there will be no changes in the due dates of’ my monthly
payments unless the Note Holder agrees in writing 10 those changes. My partial Prepayinemt may reduce the amount of iny
monthly payments after the first Change Date following my partial Prepeyment. However, any reduction duc to my partial
Prepayment may be offset by an interest rate increase.
6 LOAN CHARGES
Ifa low, which applies (0 this loun and which sets maximum loan charges, is finally interpreted so thal the anterest or
other loan charges collected or to be collecied in connection with this loan exceed the permitted limits, then: (a) any such
Joan charge shall be reduved by the amount necessary (0 redupe the charge (0 the permitted limit; and (b) any sums already
collected from me that 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 of by making a direct payment 19 me, Ifa refund reduces Principal, the
reduction will be treated as a partial Prepayment
oo : . " Form $828,6101
Dz20N e109 Pape nars ae7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not reccived the full umount of any monthly payment by the endof FIFTEEN calendar days
‘after the date it is due, I will pay a tate charge to the Note Holder, ‘Ilic amount of the charge willbe 5-000 |
of iny overdue payinent of principal and interest, 1 will pay this fate charge promptly but only oned on cucl late payinent,
(B) Defan
If [do not pay the full ammount of cach monthly payment on the date 11 1s due, 1 will be in default.
(C) Notice of Default
If] am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by
a certain date, the Nole Holder may require me {0 pay immediately the full amount of Principal thai has not been paid and
all the interest thar owe On that amount, ‘That dalc must be wl least 30 days after the date on which the notice Is mailed to
me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when [ ain in default, the Note Holder does not require me to pay immediately in foll as described
above. the Note Holder will still have the right to do so if T nm in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in futl as described above, the Note Holder will Nave the right
to be paid buck by me for all of its costs and expenses in enforcing this Note fo thie extent not prohzbited by applicable law.
Those expenses include, for example, reasonable allorneys’ fees,
8 GIVING OF NOTICES .
Unless applicable law requires a different method, any notice that must be given to me undcr this Note will be given by
delivering i! or by mailing il by first class mail 1o me at the Property Address above or at a different address if J give the
Note Holder a notice of my different address
Untess the Note Holder requires a differem method, any notice Unal must be given 10 the Note Holder under this Note
vill be given by mailing it by first class mail to the Note Hofder at the address staled in Section 3(A) above or at a different
address if Lam given a notice of that ditferent address,
9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person 1s fully and personally obligated to keep all of the promises made
in this Note, including the promise to pay the full umount owed. Any person who is a guarantor, surcly or endorser of this
Note is ulso obligated to do these things, Any person who takcs over these obligations, including the obligations of a
guarantor, surety or endorscr of this Note, is also obligated 10 keep all of the promises made in this Note. The Note Holder
may enforce ils rights under this Note against each person individually or against all of us together. this means that any one
of us may be required to pay all of the amounts owed ander this Note.
10. WAIVERS
Land any other person who lias obligations under this Note waive the rights of Presentment und Notice of Dishonor.
*Presentment™ means the right {o require the Note Holder to demand payment of amounts duc. "Notice of Dishonor” means
the right 0 require the Note Holder to give notice to other persons that amounis due have not becn pad.
11. UNIFORM SECURED NOTE :
This Note is a uniform instrument with limited variations in some jurisdictions, In additlon to the protections piven to
the Nole Holder under this Note, a Morigage, Deed of Trust, or Sccurity Deed (Ihe "Security {nstrument"), dated the same
date as this Note. protects the Note Holder from possible losses that might result if T do not keep the promises tat | make in
this Notc. That Security Instrument describes how and imder what conditions { may be required to make immediate payment
in full of all amounts | owe undcr this Note. Some of those conditions read as follows:
{A) Uniil my initial fixed interest rate changes to an adjustable interest rate under the lerms stated in Section 4 above,
Uniform Covenant 18 of the Securily Instrument shall read as follows:
. . Fonn 2504.53
Dyz100 08 meses nie‘Teansfer of the Property or a Deneficiat laterest in Dorrower, As used in this Section IR, “Interest in the
Property" means any Icgal or beneficial interest in the Property, inctuding, bul not limited to, those beneficial
interests transferred in a bond for deed, contract for decd, installment sules contrucl or escrow agreement, the
intent of which is the transfer of title by Borrower a1 3 future date fo a purchaser.
[all or any part of (he Property or any Interest an the Property is sold or transferred (or if Borrower is not a
natural person und a beneficial interest in Borrower is sold or transferred) without Lender's pnor written consent,
Lender may require iminediate payment in full of ull sums secured by this Security Instrument However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicabte Law
Mf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 301 days from the date the nolice is given in xccordance with Section 15 within which
Borrower must pay all suns secured by this Security Insrumen, If Borrower fails to pay these sums prior 10 the
‘expiration of this period, Lender may invoke any remedics permitted by this Security [nstrument without further
nolice or demand on Borrower. :
©) When my initial fixed interest rate changes to an adjustable interest ale under the terms siated iu Section 4 ebove,
Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cose to be in cffect, and
Uniform Covenant 18 of the Security Instrument shall insicad read as follows:
‘Transfer of the Properly or a Benefictal Interest in Borrower. As uscd in this Section 18, “Interest in the
Property" means any Iceal or beneficial interest in the Property, including, but not limited 10, those beneficial
interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the
intent of which is the transfer of title by Borrower al a future date toa purchaser.
IF all or any part of the Propeny or any Intorcst in the Property is sold or trausferred (or if Borrower is not 3
natural person und a beneficial interest in Borrower 1s sold or transferred) withou! Lender's prior wnitten consz
Lender may require immediate payment int full of alt sums secured by this Security Insiniment, However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not
exercise {lis option if; (a) Borrower causes to be subinitted 1o Lender inforination required ty Lender to evaluate
the intended transferee as if a new Inan were being made fo Ure transferee, and (b) Lender reasonably determines
that Lenders security will not be impaired by the foan assumption and thal the nsk of a breach of any covenant or
agreement inthis Sccuriry Instrument is acceptable to Lender.
To the catent permitted by Applicable Law, Lender may charge a reasonable fee as a condition 10 Lender's
consent fo the loan assumption. Lender also may require Ihe (masferee to sign an assumption agreement that is
aeceplable to Lender and that obligates the transferce to keep all the promises and agreemenis made in the Note
und in this Security Instrument, Borrower will continue 10 be obligated undcr the Nolc and this Security
Instrument unless Lender releases Borrower in writing.
: If Lender exercises the option to require immedizte payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not icss than 30 days from the date the notice is given in
aécordance with Section 15 within which Borrower must pay all sums scoured ky this Sccurily Instrument, If
Borrower fails to pay these sums prior to the expiration of this peniod, Lendcr may invoke any remedics permiticd
by this Security Instrument without further notice or demand on Borrower.
Form 3628 64)1
,100N om Preetel: eaeWITNESS THE HANDXS) AND SEAL(S) OF THE UNDERSIGNED.
shad. fier _/ (Seal) , (Seal)
HOMAN
SANDY K | Burroveer . ~Burvet
«Seul) (Seal)
Bontowe Borover
(Seal) (Seal)
“Bono Honma
. (Seal) (Seat)
“Dorrewer ~Borrawer
[Sign Original Only}
Form 3628 6/01
EP, 18aN rem PayesasQe eis 9375 @
Retura To.
CHASE HONE FINANCE, LLC. 20069000:
1040 OLIVER ROAD Filed for tecord in
MONROF LA 71201 DELAWARE COUNTY, OHIO
237 oe,
AGE 179.00
GR Book 654 Pass 2123 - 2152
ATTENTION: CUSTODY SERVICES
2ongcana3460
CEASE HOME F,
tod octver ape tb
FONROEY LA 71201
— . [Syuce Abuve Thi Line For Recurillng Data} seo
MORTGAGE
DEFINITIONS
Words used in muhiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the nsage of words used in this document are.
also provided in Section 16
(A) "Security tnvtrument” means ttus document, which is deted anuary 26, 2006
together with all Riders to this docusnet.
(8) "Borroner"is SANDY K ‘THOMAN, MARRIED
AKA Sp oca Tho mand
Borrower is the mortgagor under this Seconity Instrument.
(QC) "Lender"is TPMORGAN CHASE BANK, N.A,
Lenderisn BANK
organired and cristng under the Inwsof THE U.S.A.
Lender's addiess is 1211 POLARIS PARKWAY
COLUMBUS OH 43240
Lender i$ the mortgages under this Secuiaty Jastrament.
(D) "Note" sivans Lie promissory note signed by Borrower anddaind January 26, 2006
‘The Nole slates that Borrower owes Lender
Two Hundred Sixteen Thousand, and C0/100 Dyilars
(US$ 216,000.00 — ) ptus interest. Borrower has pmimissd to pay thrs debt 1m regular Periodic
Payments and (0 pay te debt in full not laterthan «February 1, 2036
(1N0-Single Femiy-Fanni Moeitredove Mac UNITORM INSTRUMENT For 1030 101
Bp -4(0%) e009
oe ST az.
Ww sear kn me geneween@ WOLO594 PASE2 126
{E) “Property” means the property that is described below under the heading “Transfer of Rights in the
Property.”
() “Lown ineans the debl evidenced by the Nove, plus interest, any prepayment charges and late charges
tue under the Note, and all sums due under this Security Instrument, plus interest,
{G) “Riders” means all Riders to this Security Insirument that are enecuted by Borrower. The following
Riders are 10 be executed by Borrower [check box as applicable]:
(0) Adiustable Rate Rider [) Condominium Itider Second Home Ruder
Balloon Rider Planned Unit Development Rider (7 1-4 Family Ruder
VA Rider Brwcekly Payment Rider Other(s) [specify
(H) “Applicable Law means all controlling applicuble federal, alate und loved statutes, regulations,
onluvonces and administrative rules and orders (thal have the effect of law) as well as afl applicable final,
on-appealable judicial upintiuns
“Commualiy Association Dues, Fees, and Axsessments” means ail dues, fees, assessments and other
charges thnt are imposed en Borrower or the Properly by @ condoraiiium assccinuon, homeowners
associauon or similar organization.
@ “Electronic Funds Transfer" mesns any transfer of funds, other than a transaction originated by
check, draft, or similar poper instrument, which is initiated through an clectronic terminal, elephowe
instrument, Computer, or magne: Lope so as to order, instruct, oF anthonze a financial insutution to debit
or credit an account. Such term iicludes, bul ts not Lumited to, point-of-sale transfers, automated teller
machine transactions, transfers imbaitd by Ielephone, wire wansfers, and automated clearinghovse
transfers.
{K) "Escrow Items" means those items that are described in Section 3
(L) “Miscellaneous Proceeds” means any compensation, settlement, award of damnages, or proved paid
by any third party (other than insurance proceeds paid under the coverages descrihed in Section $) for: (11
duunage tc, or destruction of, the Property, (1i) condemnation of other toking of all or any part of the
Property; (ut) canveyaitce in liew of condemnation: or (iv) mistepreseetations of. oF omissions as to, the
value and/or condizon cf the Property,
{90 "Mortgage Insurance” means snurmceproecing Lender agains: the nonpayment of, oF dalton,
i “Petdodic Payment" means the regularly scheduled unwunt due for (i) principal and interest under tbe
Note, plus (ii) uny asnounts under Section 3 of this Security Instrument,
(0) *RESPA* means the Reul Este Seulement Prooedhves AC! (12 (2S C_ Soction 2601 « se9,) and its
implementing regulation, Regulation X (24 CF.R. Past 3500), as they might be amended from time to
time, oF any additional or successor legislation cr regulation thal govertis {he same subject matter. As used
in this Security Instrument, *KESPA refers to all requirements and restrictions that are imposed in regard
tu a “ederaliy related morgage loan* even if the Lona does not qualify as a “federaliy retaled morteage
Joan” uncer RESPA.
P) “Successor in Intercat of Borrower"
Tot thal party has assumed Borrower's vblie:
ions any pary (hal has Inken Title to the Proper, whether or
ns under the Nele and-or this Security Instrument
EQ +104) oor mera “ ST
fe
Form3a36 101EET aesr
@ —s ow sy mtzres @
cecer voaber:
He. SANDY K TUONAN 4£64 DIG WALNUT ROAD
CALERA, OH 43021
CELAKAPE County
exureit
Y STTOATED IN THE STATE OF OFTO, CODNTY OF DRLAWARE. ANC IN THE TOWNSHIP !
4 OF ORANGE: GEING A TRACT OF LAND SITUATED IN LOT THREE (3), SECTION GML
(1), TOWRSHLE THRZZ (3), RANGE EIGHTEEN (18], USM LANDS AND BEGINNING
A A SPIKE IN THE CENTERLINE OF BIG WALNUT ROAD (TOWNSHIP ROAD 109)
BEING SOUTH €9 DZGREES 41° CO" LAST ALONG SAID ROAD CENTERLINE A.
DISTANCE OF 742.00 FEET FROM ITS POINT IN INTERSECTION WITH THE ,
CENTERLIKE OF AFRICA ROAD (COUNTY ROAD 71}; TFENCE FROM SATO PLACE OF |
DEGINYING OAUTH 89 DEGREES 41! 00" EAST ALONS THE CENTERLINE OF BIG
WALNUT RCAC, A DISTANCE OF 110.25 FEET TS A SPIKE? THENCE SOUTH 0
DEGREE 27’ OO” EAST, A DISTAKCE Of 267.54 FEET (PASSING AN IRON PIN AT
20.09 FEET) TO AN IRON PIN; THENCE NORTH B9 DEGREES 06° 30° KEST, & 1
DISTANCE OF 118.26 FEET TO AN TRON PIN; THENCE ORTH O DEGREE 17° 00”
ha WEST, ¥ DIGTANCE OF 266,35 FEET (PASSING CVCR AK IRON PIW At 241,25
Is FEET) TO THE PLACE OF BEGINUZNG, CONTALMING 0.725 ACRES, HORE CR LESS.
DARCET. NUMER: 3186140~94-004-000‘TRANSFER OF RIGHTS IN THE PROPERTY
This Sceunty Instrument socures to Lender: (i) the repayment of the Loan, and all renewals,
Extensions and. osificalin ef he Note and (i) The Performance of Borrower's ccvenants and
agreements under this Sscunty Instrument and the Note. For this purpose, Borrower docs hereby
ivrtgage, raul and comey to Lender the following described property located ia the
COUNTY of RLAWARF. :
[Type of Recording Jurisdiction), [Name of Rocarding Jurisdiction
SEE ANTACHED LECAL
Parcel 1D Number: 318~149-04-004-009 which currently has the address of
E64 BIG WALNUT RD [92e01
GALFNA Cin], Ohio 43021 ep Cade]
U"Property Address")
TOCETIER WITH all the improvements now er hercaicr erected on the property, and all
easemen's, appurtenances, and fixtures now or hereafter a pani of the pmperty. AU replacements and
additions shall also be covered by this Security Instrument Alt of the foregoing is refetted to im this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully scased of the esate hereby conveyed and has
the :ight to mortgage, grant and convey the Property and thal ihe Property is unencumbered, except for
encumbranves of record Borower wacraris ond wall defend generally the tile to the Property against all
claims and demands, subject 10 uny enasabrun-xs of record.
‘THIS SECURITY TNSTRUMERT combines uniform covenanis for national use and non-unilorm
covenants with hmited variations by jurisdiction 10 constinue a uniform security instrument covering real
Property.
UNIFORM COVENANTS, Rorrower ard Lender covenant and agree as fellows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charger
Bocrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under ths Note. Borrower sta] also pay funds fer Escrow ferns
‘pursuam 1g Section J, Payments due under te Nove and this Security Instrument shall be made in U.S.
‘currency. However, uJ un} chock oF other instrument received by Ler under the Acie or this
ps0 xs; vedas Form 3036 191
e HOLO584 BEEZ 126 ®Socunty Instrument is retamed to Lender unpaid. Lender may require that any or all subseyuettt payments
due under the Note and this Secunty Instrument be sade an cute oF more of the following forms. as
selected ty Lender: (a) cash, (b) money order, (3) Gertified check. dank check, treasurer's check or
cashier's check, provided pny such chock is drawn upon an insutution whose deposuls ase insured by a
tederal agency, instrumentality, or entity; or (4) Electronic Funds Transfer,
Paymenis are doomed received by Lender when recerved at the locution designated in the Note or at
such other location as may be designated by Lender in accordance with the nolice provisions in Sgetivn 15,
‘Lender may return any peynesl or partial paymcnl af lhe payrcal or partial payments are insuticient to
bring the Loan current Lender may accept any payment or partial payment insufTicieat to bring the Luan
current, withour walver of any rights hereunder or prejudice to its rights refuse such payment or partial
Payments in the firture, but Lender is not obligated tu epply such payments gt thc time such payments ars
accepted Sf euch Penodie Payment 1s npplicd as of iss scheduled due date, then Lender necd not pay
daterest on unapplied funds, Lender may hold such unapplied funds until Darrower makes payment to bring
the Loan current. If Borrower does not do so within a reazonable pened of time, Lender shall either apply
such funds or return dem 19 Dorrower. If not applied cartier, such funds will be applied fo the oulstcndiing
principal Valance under the Note inuediately prive to foreclosure. No oftsct of clan which Borrower
mught lave now or in the future against Lender shall rchicve Borrower from making payments due under
the Note and this Sccuriny Instrument or performing the covenamis and ngrcements secured by «his Security
Jnsteument.
2. Application of Payments or Proceed Excrpl us otherwise dascribed in hus Sectisn 2, ail
paymcms uscepled and applied by Lender shall be applied in the following order of priority: (a) interest
duc under the Note; (>) principal due under the Note, (c) amoumns due urder Section 3 Such payanelis
shall be applied to cach Periodic Payment in the order cn which il became due. Any remeining amounts
shall be applied first ty lute clurges, socom to wny other amounts duc under ts Sccunty Instrument, and
then to reduce tse principal batance of the Note.
If Lender receives 9 payment from Harrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any tate change dug, the payment may be applied 10 the dolinquent payment and
the Inte charge. If move than one Periodic Payment 1s outstanding, Leader nuay apply any payanent reserved
from Borrower ta the repayruent of the Periodic Payments xf, und 10 the extent thet, exch paymacnt can be
paid in lull. To the excem thut uny excess exists w“icr the payment is applicd co the Full payment of ane ar
moze Penodie Payments. such excess may be applicd 10 any late charges due, Voluntary prepayments shall
he applied frst te any prepayment charges and then as described in the Note
Any application of payments, lasurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend of postpone the due dete, or change the aunaunt, of the Periodic Paytucnts
3. Fuads for Excrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, unrit the No‘e is paid in fell, a sim (the “Funds*) to provide for payment of amounts due
for: (a) taaes and assessineats and other items wluch can atlain pucrily ever (his Seeurity Insunet us a
tien or encumbrance an the Property, (b) leasehold payienly or ground rents on de Property, if wnys (2)
premiisins for amy and all surance reqaured by Leader under Seciion $: and (d) Mortgage Insurance
premiums, if any, of any sums payable by Rorrowcr to Lendcr in licu of the payment of Monyage
Insurance premiums in accordance with the provisions of Section 10, These iten:s are caled "Escrow
Hems" At originate or al uny ime dusmg the term of the Loan, Lender uy require tha: Community
Association Dues, Pos, and Assessments, if uny, bs escrowed by Borrower, and such dues, ces om
assessments shall be an Escrew Mera. Borrower shall prempily furnish to Lender ell notices cf amoumis (0
be paid under this Section Rorrawer shall pay Lender the Funds for Escrow lems unless Lender waives
Borrower's obligation to pay the Funds for amy or all Escrow Wems Lender may waive Darrower's
ww ST
BY #01) es Prone > Form 3038 1:01
at
e WlO6e4 wate? 12 e@eS YLO684 FAE2 129
gbligution (9 pay ta Lender Funds for any or all Rscrow Treuns al auy tiine, Any such waver may only be
in writing. In the event of such waives, Borrower shall puy diractly, when and where payable, the amounts
due for any Excrow Ttems for which pay ment of Funds has been wabved by Lender and, if Lender requires,
shalt furnish to Lender reveipls evidencing such payment within mich time period as Lender may require
Borrower's obligation 1o make such payments and 10 provide receipts shall for all prposes be docined to
be a covenant and agreement contained in this Security Instrument, as the phrase “covenant und egroement®
1s used in Section 9 If Tlorrower is obligated 10 pay Escrow Hlems durcctly, pursuant 10 a walver, and
Borrower fails to pay the amount due for ax Escrow Item, Lender may exercise its rights under Section 9
and pay such umount and Borrower shall then b¢ obligated under Section 9 to repay to Lender any such
amount, Lender may revoke the waiver ag to any of aff Escrow hems at any time by a notice given in
aecordance with Section 13 and, upon Ruch revecation, Norrower shall pay to Lender all Funds, oud in
such amounts, that are then resired under this Section 3.
Lender may, at any time, collect and hald Funds in an amount (9) suffic:2nt to perinit Lendet 10 apply
the Conds at the tine specified ander RESPA, and (b) not to exceed the maienesu sivounl a louder Gan
require under RESPA. Lender shall estimate thc amount of Funds duc o« the basis of currcat aia and
reasonable estiinates of expenditures of fature Eserew Iteins or otherwise in accordance with Applicable
Law,
The Fuuds shall be held in an insiitubon whow deposits ure insured by # Redzrol agency,
tnstrumentalny, or entry (ingluding Lender, if Lender is an instirution whose deposits are so insured) or im
any Foderal Home Loan Bank Lender shall apply the Funds 10 pay the Escrow Items no Later than the me
specified under RESPA, Lender shall not charre Barmmer for holding and applving the Funds, annually
analyzing the escrow accoun}, or verifying the Fscrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law peimits Lender to make such a chiarge. Unless an agreement 15 made in wribig
cc: Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrowes
any Interest or canutgs uu Use Funds Borrower and Leader can ages in writing, however, that imerest
shall be paid on the Fuads. Lender shall give to Borrower, wilboct clurgc, an annval accuunting of thre
Funds 2s required by RESPA,
If dlere is @ surplus of Funds held in escrow, us defined uncer RESPA, Lender shall accoum to
Borrower for the excess funds im accordance with RESPA. IT there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower us scyuznud by RESPA, aad Borrower shail pry 10
Lender the amount necessary 10 make up the shortage ia accordance with RESPA, bul an no more than 12
monthly pasments If there is a deficiency of Tunds held mm escrow, as defined under RESPA, Letusr slut!
notify Borrower us requiced by RESPA, ond Borrower shall pay to Lender the amount necessary 10 make
up the deficicncy in uecordance with RESPA, but in Wo more shan 12 monthly payments
‘Upon payrnent in Full of all sums secured by this Security Instrument, Lender shall promptly: refund
to Borrower any Funds treld by Lender.
4, Charges; Liens, Borrower shall pay all taxcs, assessmeula, charges, fines, and impositiors
atinbulable ta tle Properly which can atiain prionty over this Secunty Insinnnent, aschwld pay nents or
ground reals on the Property, any, and Commumry Association Dues. Fors. aud Assessineuls, if any. To
the extent (hat these items ure Escrow Items, Borrower shall pay them an the manner provided in Section 3
‘Borrower stath pruiplly discharge any lien which has pnonty ovr this Security Instrument urtess
Tinrrawer: (a) agrees in writing to the payment of the obligation secured ky ihe hen in a manner acceprable
to Lender, but anty $0 long a5 Borrower is performing such agrecment; (b) vontests the lien in good faith
by, or defonds against enfarcement of the lien in, legal proceedings which in Lender's vpnuon operate to
provent Uw enforcement of the lisn while those proceedings are pending. but only uniil such pravcedings
fare concluded, vt (c) secures from the holder of the tien art agreemem satisfactory to Lender subordinating.
the lien 10 us Security lustrument If Lender determines that any part of the Property is subject 19 u lieu
which can autain pronty over this Secury Instrument, Lender sugy give Rortgwer a notice identifying the
wage sons ~ Foun 3038 101
Si2-
(0H) pa
a Sse iaoceunzizes @
Len Within 10 days of the date on which that notice is given, Borrower shall satisfy tlw: lien oF take une oF
more of the actions set forth above in this Section 4.
Lender may require Gerrower to pay 4 one-time charge for a seal esiaie (ax verificyton amor
repornrg service used by Lender in connsction with this Laan
$. Property Insurance. Dorrowes shall keep the improvements now existing or hereafter erecied on
: the Property. insnrcd against loss by fire, havards inchided within the terin “esteted cuverage,” und aly
fa other hazards including. but not Limited to, carihyuakes and MTvods, for wluch Lender requires insurance,
hn ‘This insurance shall be maintained in the amounts (including deduenible levels) and tor the periods that
- Lender requires. What Lender requires pursnant to the pracoding sentences can change dunng the teint of
"1 the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
+h ght ty disupprove Borrower's chowe, which sight simdl not be exercisad unreasonably. Lender may
require Borrower ta puy. in connection with this Loan, either: (3) # onetime charge for Mood zone
dcicrmination, cemification and wacking services, or (b) a anc-time charge fer ond zone determination
‘and certification scrviccs and subscquem! charges cach time remapplngs or similar changes accue which
reasonably might affect such determination cr certification. Borrower shall atsa be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connscton with the
review of any flood zone determination resulting from an objection by Borrower
If Borrower fails (9 maintain any of the voveruges desenbed! ubove, Lender ty gbtain msuniace
coverage, at Lender's option and Borrower's cxpense. Lender is undcr no obligation to purchust any
particular type or amount of coverage Therefore, such coverage shall caver Lender, but might or might
nol protect Borrowcr, Borrower's equity in the Properry, or the contents of the Property, against any risk,
linzaed or lability and might provide greatzs or lesser coverage than was previously in effect Porrower
acknowledges that the cost of the insurance coverage su ublained impht signsficauy exceed the cost of
insurance thal Borrower could have oblamisd. Any amounts disbursed 0) Lendzr under this Section $ stall
becoine wdditionat debi of Dorrower secured by this Security Instrument These aroun siull bear usterest
i the Note rate from the date of disbursement and shal! be payable, with such n:erest, upon notier Iront
Leniler to Borrower requesting payin.
‘All insurance policies required by Lender and renewals of sucts policivy sluill te subjett to Lender's
right to disapprove such pohcics, shall include a standard mortgage clavsc, and shail tne Lender As
inortguges and/or as en additional loss payce Lender shall have the right to hold the policies and rettewal
confificates, If Leader requires, Boirower shall proinpaly give to Lendsr ali receipts ot pa:d premiuins and
Tenewal notices If Borrower obtains uny form of instance coverags, ant otherwise required by Lender,
for damage 10, of destruction of, x Property, such policy shall include # standard martgage clause and
shall name Lender ax mortgagee andiar as an addiviowl loss payer
In the event of loss, Borrower still give prompt notice 10 the insurance carrier and Lender. Lender
may make proof'o! loss if not muve prumpily Uy Borrower Unless Lender and Borrower otherwise ugree
in writing, any insurance proceeds, whetlkr oF not the urderlying insurance was required by Lender, shall
be applied (0 restoration or repair of the Property, if the restoration or repair 1S ccononweaily feasible aed
Lender's sccunty is tot lessened. During such repair and restoration period, Lender sball hiave the right 10
hold such insurunce proceeds until Lender has had ar opporunity (0 inspocl such Property to ensure the :
work has been completed to Lender's salisfaction, provided that such Inspection shull be undertaken
promptly Lender may disburse proceeds for ths repairs ard restoration in a single payment or in a series
of progress payments as the work is complctod. Unless an agreement is mace in writing or Applicable Law
oquites interest to be paid on such insurance proceeds, Lender shall not bz required t0 pay Botuwer any
rest or zuruiigs on such proceeds. Fecs for public adjesters, or other third parucs, retained by
Borrower shall not be paid cul of the insurance proceeds and shall be the sole obligation of Berrawer. If
cr repair is ot economically feasible or Lenuer’s secunty wonld he lessened, the wsuruwe
the restr "
proceeds shall he applied to he sums secured by this Socunty [nsiruncel, whether or et then due, wih
BR 410%) cas Poet os me Form 2026 1101
Se
Loo . .REGRET
@ mocss aziz @
the exces, if any, pid Lo Borrower, Suc insurance wuonads Sal be Hpplic de the oder provided for in
jeclian 2.
If Dorrowar bandons the Propemy, Lender may file, negotlatc and seule aay available insurance
claint and related matters, If Borrower does aot respond within 30 days tv 4 notive from Lender that the
= insusance carrier bs offered to seitle u claim, (hen Lerxker uy niegotiats und secle the claim, Ihe 30-day
period will begin when the notice is given In cither event. or uf Lender acquires the Property under :
Section 22 cf otherwise, Borrower herchy assigns lo Lender (a) Rereower's nghts to any insurance i
preceeds in an amount nct 0 exceed the amounts unpaid under the Note or this Security Instrument, and
{b) any other of Borvower's sights fother than the right to any refund of vnearned preniums paid by
Boitower) under all insurance policies covering the Property, wsofar as such ngli(s are applicable to the
coverage of the Property. Leuder iy use the insurance proceeds either fo repuur or restore the Property ut
to pay amounts unpaid under the Note o7 this Security Lasiument. whether or not then duc. :
6 Uccupaaty. Borrower shall occupy. establish and use the Property us Borrower's principal i
residence wabin 60 days alice the execution of this Security Instrument and shall conunus t2 occupy the
Property as Horiower's. priucigal residence for al least one year ufter Due dite uf occupinicy, unless Lender
otherwise agrovs in whiting, which consent sball nei be unreasonably withheld, or unless ¢xicnualing
circumstances exist which are beyond Borrower's control.
9. Preservation, Maintenance and Pretection of tbe Property; Laspections. Borrower shall not
destroy, dauiaye or iupuw Ux Property, allow the Property to deienorate or cununit wasie on (he
Property, Whether or nol Borrower is tending in the Property, Borrower shall muinisan the Properly i
arder 10 prevent (he Property [rom dctcnoraung or decreasing m value duc to us cond:tion, Unless il iy
dotermined pursuant ta Section § that repair oF restoration 43 not ccononucally feasible, Borrower shall
promptly ropair the Propeny if damaged in avnid further deterioration or damage. If insurance or
sondemnation proesods are paid in connection with damage to, or the taking af, the Propeny, Barrower
shall be responsible for repairing or restoring the Property only if l.ender has rcleased procesds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a scrics of
progress payments as the work is completed. If hie iusurence oF condemnation proceeds are ret suficient i
to repair or restore the Property, Borrower is not relieved of Borrower's cbligalicn for the completion of
such repair or restoration,
Lender ors agent may make reasonable enmmes upon and inspections of the Property, If it has
reasonable cause, Lender ray inspect the interior of the improvements on the Property. l.ender shall give
Borrower notice al the time of or pnor to such an intenos inspection specifying such reasonable cause
¥. Borrowcr's Loan Application, Borrower sha'l be in default if, dering the Loan application
process, Dorrower or any petyony or ciities acting at the direction of Borrower or with Rorrower's
knowledge or consent gave raterin'y Falye, rnislcading, or inaccumte information of statements to Lender
jor fhited to provide Lender weth ma’ I inforinstion) sn connecuon wih the Loan Materiat
representations include, but are not limited to, representaucns cuimeining Borrower's occupancy of the
Progeny as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under ihls Sceueity Tastrument. {1 :
(a) Borrower fails to perform the cavenants and agreements conmmined in this Securty Instrument, (b) there
is a legal proceeding that might sigmficantly alfcct Lender's interest in the Property andvor rights under .
this Scaurity Inctrament (such as a proceeding in bankrupicy, probate. for condemnation or forferture, for
enforcement of a lien which may attain priority over tts Sccurity Instrument or to enforce lyws oF
regulations), of (¢) Borrower has abandoned the Property, then Lender may du and pay for whalever 1s
reasonable Or appropnate to protect Leuler’s imerest im the Property and rights cndcr thus Security
Instrument, including protccung and/or uswssing [hg valuc of the Propeny. and secunng ander teparing
the Piopeity. Lender's actions can include, but ave mul Sinntiad fo (a) paying any surs sccured by & lien
which has prionty over this Socunty Insuusueut, (b) appearing in court, and (6) payiag reasonable
Foren 3038 1101
py H10y coe Fiera J@ yilo6e4 PAZ @
attorneys! fees to prelect ifs imerest in ie Property and/or nghls under tis Scourity Instrument, including
ils secured postion an w bankruptcy proceeding ‘Securing the Propeny includcs, bul 1s not limuted to. }
A ‘entering the Properly 1 make repuits, change locks, replace or board up doors and windows, crain water
from pipes, clumnate bulding or other code violations or dangcrous conditions. and have wiliies turned
‘on or off. Althongh Lender may take action under this Secuon 9, Lender does not have 10 do so and 1s act .
under ary daty or cbligation to do so. 2t is agreed that Lender incurs no liability for not taking amy or all
acdons authorized under this Section 9.
‘Any wicounts disbursed by Lender under this Secon 9 shall become addiuonal debt of Borrowcr
scoured by’ this Sccunty Instrument. ‘Ihhese amounts shall bear inicecst at the Kote rate from the date of :
y disbursement und stuill be payuble, with such interest, upon notice from Lender te Borrower requesting i
nent
TE this Security Tnstrumert 1s on a leasehold, Borrower shalt comply with all te provisious of the
lease, If Rorrower acquires fet title to the Property, the leasehold and the fev litle shall not merge unless
Lender agrees to the merger in writing,
10, ‘Mortgage Insurance, If Lender required Mortyaye Insurance as 4 condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any wason.
the Mongage Insuranve coverage required by Lender ceases to be available from the mortgage sasurer that
previously provided sch insurance and Borrower was required to make separately designated pnyments
Toward the premiums for Mortgage Inmurance. Borrower stiall pay the preriivms rayuired to oblia :
coverage substantially equivalent 10 the Mostgape Insueance previously in effecl, al a wel substantivlly 1
equivalent 10 the cost 10 Borrower of the Mongage Insurance previously in effect, from au alternate :
mortgage ineurer selected by Lender. If substantially equivalent Moriguge Inserance coverage 8 mat
available, Dormwer shall continue to pay te Lender tbe zoom of the seprstely desi payments that
were die when the insurance coverage ceased to be in effect. Lender will accept. vee wind relnin Use
payments as 4 non-refundable less reserve in lieu ef Mongage Insurance Such loss reserve shall be 1
non-refundable, notwithstanding the fact that the Loan is ultimaiely paid in full, and V.cnder shall not be
required to pay Borrower any interest or carmings on such loss reserves. Lender can no long: sequive Luss
Teserve payments if Mortgage Insurance coverage (2n the amount and for the period that Lender reynices)
provided by an insurer selected by Lender again becomes available, is obtained, ond Lemder retires
separaicly designated pay monts toward the preneiums for Mortgage Lnstwance I Lender required Morlguee
Insurance as a condition of making the J.oan and Borrower was raquired W inake separately designated
paymnente toward the premiums for Mongage Insurance, Borrower shall pay the premiums required! to
inainiain Mongage Insurance in cffect. ot 10 provide a nou-tefunduble loss reserve, until Lender's
requirement for Mongage Insurance ends in accordance with any written agreement between Burrywer and
Lender providing for such tcrmmnation of unt terminat
Preview
200954761 (ss) COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO Case No. OG CVE 12.1920 Chase Home Finance LLC 3415 Vision Drive tee Tueate Ld, Columbus, OH 43219 Judge Everett H. Krueger Plaintiff COMPLAINT IN FORECLOSURE vs. Permanent Parcel No, 318-140- I 1 | ' | ’ | 1 Sandy K. Thoman aka Sandra Vie ooa ooo Thoman I 4564 Big Walnut Road ' Galena, OH 43021 | ' Scott A. Rice I 4564 Big Walnut Road I Galena, OH 43021 ' 5 dP Morgan Chase Bank, N.A. | mn c/o CT Corporation System t nN 1300 East 9th Street, Suite 1010 | “ Cleveland, OH 44114 ' 2 I — Delaware County Treasurer ' © 91 North Sandusky Street | ao Delaware, OH 43015 1 ' Defendants. | COMPLAINT COUNT ONE 1. Plaintiff is the holder of a note, a copy of which is attached hereto as Exhibit ‘A’. By reason of default under the terms of the note and the mortgage securing same, plaintiff has declared the debt evidenced by said note due, and there is due thereon from the defendant, Sandy K. Thoman aka Sandra Thoman, {wea am a a oscvetz i iid A iiilliii 1320$205,061.90, together with interest at the rate of 5.8750% 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 January 31, 2006, in Volume 684, Page 2123, 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 ‘Cc’. 4. Plaintiff says that the defendant, Scott A. Rice, may claim an interest in the subject property as the current spouse of the defendant-titleholder, Sandy K. Thoman aka Sandra Thoman. 5. Plaintiff says that the defendant, JP Morgan Chase Bank, N.A., may claim an interest in the above described property by virtue of a mortgage from Sandy K. Thoman aka Sandra Thoman andScott A. Rice, filed for record on 01/31/06, in Volume 684, page 2143, of said County Recorder's Records. 6. 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 defendant, Sandy K. Thoman aka Sandra Thoman, in the amount of $205,061.90, together with interest at the rate of 5.8750% per year from August 1, 2009, and as may be subsequently adjusted pursuant to the terms of the Note, plus court costs, advances, and other charges, as allowed by law; that plaintiff's mortgage be adjudged a valid first lien upon the real estate described herein, and that said mortgage be foreclosed; that said real property may be ordered sold, and that plaintiff be paid out of the proceeds of such sale; for such other relief, legal and equitable, as may be proper and necessary; and that all the other defendants herein be required toset up their liens or interests ip 3 te or be forever Ohio Supreme Court Reg. #0083974 LERNER, SAMPSON & ROTHFUSS Attorneys for Chase Home Finance LLC P.O. Box 5480, Cincinnati, OH 45201-5480 (513) 241-3100/(513) 241-4094 Fax (877) 661-7891 Toll Free Fax attyemail@lsrlaw.com© ° 5/1 LIBOR ARM — CONFORMING “ “FIXED/ADJUSTABLE RATE NOTE (LIBOR One-¥car Index (As Published In The Hal Street Journal)-Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN AOJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY AQJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY. January 26, 2006 WORTHINGTON = on (Carey (ey . [swel 4564 BIG WALNUT RD, GALENA, OH 43021 (Prupeny Adare 1. BORROWER'S PROMISE TO PAY {In retum for a Joan that Ihave received, I promise to payUS.$ 216,000.00 (this amount 1s called “Principat"), plus interest, to the order of Lender. Lender is . JPMORGAN CHASE BANK, N.A. ,organized and existing under the laws of the U.S.A. I will make all payments under this Note in te forin of cash, check or money ardcr. J understand that Lender may transfer thus Note, Lender or anyone who takes thus Nols by transfer and who is entitled {0 receive paytnents under this Note is called the "Note Holder.” 2. INTEREST . . Interest will be charged on unpaid principal until the full amount of Principe! has been paid. 1 will pay inlerest at # yearly rete of 5.875 Y% The interest rate [will pay may change in accordance wi Section 4 of this Note The inicrest rate required by this Section 2 and Section 4 of this Note is the mate ] will pay both before and afier any default described in Section 7(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments T will pay principal and interest by making a payment every month. J will inake my monthly payinents on the first day of cach month beginning on March O1, 2006 . 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below Lal 1 may owe under this Note, Each monthly payment will be applied as of its scheduled duc date and will be applied to interest before Principal. Ion February” 01,2036 , T still owe amounts under this Note, I vill pay those amounts in Full on that dutc, which is called the "Maturity Date.” Till make my monthly payments at : P.Q. BOX 79046, PHOENIX, AZ 85062-9046 or ata different place if required by the Note Holder (B) Amount of My Initial Monthly Payments. : Each of my initial monthly payments will be in theamouni of US. § 1,277.72 This amount may change. (C) Monthly Payment Changes Changes In my montily payment will reflect changes ia the unpaid principal of my loan and in the interest rate Uhat 1 most pay, The Note Holder will determine my new interest rate and the changed amount of my monttily payment in accordance wilh Section 4 of this Note. 4 ADJUSTABLE INTEREST RATE AND MONTE (A) Change Dates . ‘The initial fixed interest cate 1 will pay will change to an adjustable interest rat¢ on the first day of February 201 Jand the adjustable interest rate I will pay may change on thal day every 12th mont thereafter Y PAYMENT CHANGES MULTISTATE FIXED/ADJUSTABLE RATE NOTE « WSJ One-Year LIBOR- Singie Family - Fanrve Mae Uniform instrument Hy V82n orm) Form 3628 6/01 Yup MOR IOAGE FORMS (00521-TIit ‘The date on which my initial fixed interest cate changes to an adjustable interest rate, and each date ‘on which my adjustable interest rate could change, is called a “Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The “Index” is the avenge Of interbank offered ries for one-year U.S, dollar-denomnineted deposits in the London inarkct ("LIBOR"), as published in The Wail Street Journal, The most recent Index figure available as of the dae 45 days before each Change Date is called the "Current Index,” Af the Index is no longer available. the Note Holder will choose a new index that is based upon comparable information, The Note Holder will give me notice of this choice. (C) Calenlation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Cne-Quarter perceningc points( 2.250 %) 10 the Current Index. The Note Holder wit] then round the resull of this addition 19 the nearest one-eighth of one percemage point (0.125%). Subject 10 the limits stated in Section 4(D) below, this rounded amount will be my new interest sate umtil the nex! Change Dac, The Note Holder will then determine the amount of the monthly payment that would be sufficient 10 repay the unpaid Principal that 1 am expecied 10 owe at the Change Date ‘in full on the Maturity Date al my new interest rate in substantially equal payments ‘The result of this calculstion will be the new amount of my monthly payment (D) Limitx on Interest Rate Changes The interest rate I am required to pay at the first Change Dure will not be greaterthan 10,875 Yor less than = 2,250 %, Thereafler, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest 1 have been paying for the preceding 12 months, My infcrest rate will never be greater than 10,875 % {E) Effective Date of Changes My nev interest rate will become effective on each Change Date. [will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again, (F) Notice of Changes The Note Holder will deliver o¢ mail ta me a notize of any changes in my inittal fixed imterest rate to an adjusiable interest rate and of any changes in iny adjustable inerest rate before the effective dats of any change, The notice will include the amount of my monthly payment, any information required by law to be given (0 me and also the title and telephone nuinber of a person who will answer any questlon I inay have regarding the notice. 5, BORROWER'S RIGHT TO PREPAY T have the rig 19 make paymenis of Principal at any time before they are due. A payinent of Principal only is known as a "Propayment.” When 1 make a Prepayment, t will tell the Note Holder in whiting that 1am doing so. 1 may not designate a payment as a Prepayment if [ have not made all the monthly payments due under this Note, J may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the nccrued and unpaid interest on the Prepayment amount tefore applying my Prepayment to reduce the Principal amount of this Note. It f make a partial Prepayment, there will be no changes in the due dates of’ my monthly payments unless the Note Holder agrees in writing 10 those changes. My partial Prepayinemt may reduce the amount of iny monthly payments after the first Change Date following my partial Prepeyment. However, any reduction duc to my partial Prepayment may be offset by an interest rate increase. 6 LOAN CHARGES Ifa low, which applies (0 this loun and which sets maximum loan charges, is finally interpreted so thal the anterest or other loan charges collected or to be collecied in connection with this loan exceed the permitted limits, then: (a) any such Joan charge shall be reduved by the amount necessary (0 redupe the charge (0 the permitted limit; and (b) any sums already collected from me that 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 of by making a direct payment 19 me, Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment oo : . " Form $828,6101 Dz20N e109 Pape nars ae7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not reccived the full umount of any monthly payment by the endof FIFTEEN calendar days ‘after the date it is due, I will pay a tate charge to the Note Holder, ‘Ilic amount of the charge willbe 5-000 | of iny overdue payinent of principal and interest, 1 will pay this fate charge promptly but only oned on cucl late payinent, (B) Defan If [do not pay the full ammount of cach monthly payment on the date 11 1s due, 1 will be in default. (C) Notice of Default If] am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Nole Holder may require me {0 pay immediately the full amount of Principal thai has not been paid and all the interest thar owe On that amount, ‘That dalc must be wl least 30 days after the date on which the notice Is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when [ ain in default, the Note Holder does not require me to pay immediately in foll as described above. the Note Holder will still have the right to do so if T nm in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in futl as described above, the Note Holder will Nave the right to be paid buck by me for all of its costs and expenses in enforcing this Note fo thie extent not prohzbited by applicable law. Those expenses include, for example, reasonable allorneys’ fees, 8 GIVING OF NOTICES . Unless applicable law requires a different method, any notice that must be given to me undcr this Note will be given by delivering i! or by mailing il by first class mail 1o me at the Property Address above or at a different address if J give the Note Holder a notice of my different address Untess the Note Holder requires a differem method, any notice Unal must be given 10 the Note Holder under this Note vill be given by mailing it by first class mail to the Note Hofder at the address staled in Section 3(A) above or at a different address if Lam given a notice of that ditferent address, 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person 1s fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full umount owed. Any person who is a guarantor, surcly or endorser of this Note is ulso obligated to do these things, Any person who takcs over these obligations, including the obligations of a guarantor, surety or endorscr of this Note, is also obligated 10 keep all of the promises made in this Note. The Note Holder may enforce ils rights under this Note against each person individually or against all of us together. this means that any one of us may be required to pay all of the amounts owed ander this Note. 10. WAIVERS Land any other person who lias obligations under this Note waive the rights of Presentment und Notice of Dishonor. *Presentment™ means the right {o require the Note Holder to demand payment of amounts duc. "Notice of Dishonor” means the right 0 require the Note Holder to give notice to other persons that amounis due have not becn pad. 11. UNIFORM SECURED NOTE : This Note is a uniform instrument with limited variations in some jurisdictions, In additlon to the protections piven to the Nole Holder under this Note, a Morigage, Deed of Trust, or Sccurity Deed (Ihe "Security {nstrument"), dated the same date as this Note. protects the Note Holder from possible losses that might result if T do not keep the promises tat | make in this Notc. That Security Instrument describes how and imder what conditions { may be required to make immediate payment in full of all amounts | owe undcr this Note. Some of those conditions read as follows: {A) Uniil my initial fixed interest rate changes to an adjustable interest rate under the lerms stated in Section 4 above, Uniform Covenant 18 of the Securily Instrument shall read as follows: . . Fonn 2504.53 Dyz100 08 meses nie‘Teansfer of the Property or a Deneficiat laterest in Dorrower, As used in this Section IR, “Interest in the Property" means any Icgal or beneficial interest in the Property, inctuding, bul not limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment sules contrucl or escrow agreement, the intent of which is the transfer of title by Borrower a1 3 future date fo a purchaser. [all or any part of (he Property or any Interest an the Property is sold or transferred (or if Borrower is not a natural person und a beneficial interest in Borrower is sold or transferred) without Lender's pnor written consent, Lender may require iminediate payment in full of ull sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicabte Law Mf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 301 days from the date the nolice is given in xccordance with Section 15 within which Borrower must pay all suns secured by this Security Insrumen, If Borrower fails to pay these sums prior 10 the ‘expiration of this period, Lender may invoke any remedics permitted by this Security [nstrument without further nolice or demand on Borrower. : ©) When my initial fixed interest rate changes to an adjustable interest ale under the terms siated iu Section 4 ebove, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cose to be in cffect, and Uniform Covenant 18 of the Security Instrument shall insicad read as follows: ‘Transfer of the Properly or a Benefictal Interest in Borrower. As uscd in this Section 18, “Interest in the Property" means any Iceal or beneficial interest in the Property, including, but not limited 10, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower al a future date toa purchaser. IF all or any part of the Propeny or any Intorcst in the Property is sold or trausferred (or if Borrower is not 3 natural person und a beneficial interest in Borrower 1s sold or transferred) withou! Lender's prior wnitten consz Lender may require immediate payment int full of alt sums secured by this Security Insiniment, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise {lis option if; (a) Borrower causes to be subinitted 1o Lender inforination required ty Lender to evaluate the intended transferee as if a new Inan were being made fo Ure transferee, and (b) Lender reasonably determines that Lenders security will not be impaired by the foan assumption and thal the nsk of a breach of any covenant or agreement inthis Sccuriry Instrument is acceptable to Lender. To the catent permitted by Applicable Law, Lender may charge a reasonable fee as a condition 10 Lender's consent fo the loan assumption. Lender also may require Ihe (masferee to sign an assumption agreement that is aeceplable to Lender and that obligates the transferce to keep all the promises and agreemenis made in the Note und in this Security Instrument, Borrower will continue 10 be obligated undcr the Nolc and this Security Instrument unless Lender releases Borrower in writing. : If Lender exercises the option to require immedizte payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not icss than 30 days from the date the notice is given in aécordance with Section 15 within which Borrower must pay all sums scoured ky this Sccurily Instrument, If Borrower fails to pay these sums prior to the expiration of this peniod, Lendcr may invoke any remedics permiticd by this Security Instrument without further notice or demand on Borrower. Form 3628 64)1 ,100N om Preetel: eaeWITNESS THE HANDXS) AND SEAL(S) OF THE UNDERSIGNED. shad. fier _/ (Seal) , (Seal) HOMAN SANDY K | Burroveer . ~Burvet «Seul) (Seal) Bontowe Borover (Seal) (Seal) “Bono Honma . (Seal) (Seat) “Dorrewer ~Borrawer [Sign Original Only} Form 3628 6/01 EP, 18aN rem PayesasQe eis 9375 @ Retura To. CHASE HONE FINANCE, LLC. 20069000: 1040 OLIVER ROAD Filed for tecord in MONROF LA 71201 DELAWARE COUNTY, OHIO 237 oe, AGE 179.00 GR Book 654 Pass 2123 - 2152 ATTENTION: CUSTODY SERVICES 2ongcana3460 CEASE HOME F, tod octver ape tb FONROEY LA 71201 — . [Syuce Abuve Thi Line For Recurillng Data} seo MORTGAGE DEFINITIONS Words used in muhiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the nsage of words used in this document are. also provided in Section 16 (A) "Security tnvtrument” means ttus document, which is deted anuary 26, 2006 together with all Riders to this docusnet. (8) "Borroner"is SANDY K ‘THOMAN, MARRIED AKA Sp oca Tho mand Borrower is the mortgagor under this Seconity Instrument. (QC) "Lender"is TPMORGAN CHASE BANK, N.A, Lenderisn BANK organired and cristng under the Inwsof THE U.S.A. Lender's addiess is 1211 POLARIS PARKWAY COLUMBUS OH 43240 Lender i$ the mortgages under this Secuiaty Jastrament. (D) "Note" sivans Lie promissory note signed by Borrower anddaind January 26, 2006 ‘The Nole slates that Borrower owes Lender Two Hundred Sixteen Thousand, and C0/100 Dyilars (US$ 216,000.00 — ) ptus interest. Borrower has pmimissd to pay thrs debt 1m regular Periodic Payments and (0 pay te debt in full not laterthan «February 1, 2036 (1N0-Single Femiy-Fanni Moeitredove Mac UNITORM INSTRUMENT For 1030 101 Bp -4(0%) e009 oe ST az. Ww sear kn me geneween@ WOLO594 PASE2 126 {E) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” () “Lown ineans the debl evidenced by the Nove, plus interest, any prepayment charges and late charges tue under the Note, and all sums due under this Security Instrument, plus interest, {G) “Riders” means all Riders to this Security Insirument that are enecuted by Borrower. The following Riders are 10 be executed by Borrower [check box as applicable]: (0) Adiustable Rate Rider [) Condominium Itider Second Home Ruder Balloon Rider Planned Unit Development Rider (7 1-4 Family Ruder VA Rider Brwcekly Payment Rider Other(s) [specify (H) “Applicable Law means all controlling applicuble federal, alate und loved statutes, regulations, onluvonces and administrative rules and orders (thal have the effect of law) as well as afl applicable final, on-appealable judicial upintiuns “Commualiy Association Dues, Fees, and Axsessments” means ail dues, fees, assessments and other charges thnt are imposed en Borrower or the Properly by @ condoraiiium assccinuon, homeowners associauon or similar organization. @ “Electronic Funds Transfer" mesns any transfer of funds, other than a transaction originated by check, draft, or similar poper instrument, which is initiated through an clectronic terminal, elephowe instrument, Computer, or magne: Lope so as to order, instruct, oF anthonze a financial insutution to debit or credit an account. Such term iicludes, bul ts not Lumited to, point-of-sale transfers, automated teller machine transactions, transfers imbaitd by Ielephone, wire wansfers, and automated clearinghovse transfers. {K) "Escrow Items" means those items that are described in Section 3 (L) “Miscellaneous Proceeds” means any compensation, settlement, award of damnages, or proved paid by any third party (other than insurance proceeds paid under the coverages descrihed in Section $) for: (11 duunage tc, or destruction of, the Property, (1i) condemnation of other toking of all or any part of the Property; (ut) canveyaitce in liew of condemnation: or (iv) mistepreseetations of. oF omissions as to, the value and/or condizon cf the Property, {90 "Mortgage Insurance” means snurmceproecing Lender agains: the nonpayment of, oF dalton, i “Petdodic Payment" means the regularly scheduled unwunt due for (i) principal and interest under tbe Note, plus (ii) uny asnounts under Section 3 of this Security Instrument, (0) *RESPA* means the Reul Este Seulement Prooedhves AC! (12 (2S C_ Soction 2601 « se9,) and its implementing regulation, Regulation X (24 CF.R. Past 3500), as they might be amended from time to time, oF any additional or successor legislation cr regulation thal govertis {he same subject matter. As used in this Security Instrument, *KESPA refers to all requirements and restrictions that are imposed in regard tu a “ederaliy related morgage loan* even if the Lona does not qualify as a “federaliy retaled morteage Joan” uncer RESPA. P) “Successor in Intercat of Borrower" Tot thal party has assumed Borrower's vblie: ions any pary (hal has Inken Title to the Proper, whether or ns under the Nele and-or this Security Instrument EQ +104) oor mera “ ST fe Form3a36 101EET aesr @ —s ow sy mtzres @ cecer voaber: He. SANDY K TUONAN 4£64 DIG WALNUT ROAD CALERA, OH 43021 CELAKAPE County exureit Y STTOATED IN THE STATE OF OFTO, CODNTY OF DRLAWARE. ANC IN THE TOWNSHIP ! 4 OF ORANGE: GEING A TRACT OF LAND SITUATED IN LOT THREE (3), SECTION GML (1), TOWRSHLE THRZZ (3), RANGE EIGHTEEN (18], USM LANDS AND BEGINNING A A SPIKE IN THE CENTERLINE OF BIG WALNUT ROAD (TOWNSHIP ROAD 109) BEING SOUTH €9 DZGREES 41° CO" LAST ALONG SAID ROAD CENTERLINE A. DISTANCE OF 742.00 FEET FROM ITS POINT IN INTERSECTION WITH THE , CENTERLIKE OF AFRICA ROAD (COUNTY ROAD 71}; TFENCE FROM SATO PLACE OF | DEGINYING OAUTH 89 DEGREES 41! 00" EAST ALONS THE CENTERLINE OF BIG WALNUT RCAC, A DISTANCE OF 110.25 FEET TS A SPIKE? THENCE SOUTH 0 DEGREE 27’ OO” EAST, A DISTAKCE Of 267.54 FEET (PASSING AN IRON PIN AT 20.09 FEET) TO AN IRON PIN; THENCE NORTH B9 DEGREES 06° 30° KEST, & 1 DISTANCE OF 118.26 FEET TO AN TRON PIN; THENCE ORTH O DEGREE 17° 00” ha WEST, ¥ DIGTANCE OF 266,35 FEET (PASSING CVCR AK IRON PIW At 241,25 Is FEET) TO THE PLACE OF BEGINUZNG, CONTALMING 0.725 ACRES, HORE CR LESS. DARCET. NUMER: 3186140~94-004-000‘TRANSFER OF RIGHTS IN THE PROPERTY This Sceunty Instrument socures to Lender: (i) the repayment of the Loan, and all renewals, Extensions and. osificalin ef he Note and (i) The Performance of Borrower's ccvenants and agreements under this Sscunty Instrument and the Note. For this purpose, Borrower docs hereby ivrtgage, raul and comey to Lender the following described property located ia the COUNTY of RLAWARF. : [Type of Recording Jurisdiction), [Name of Rocarding Jurisdiction SEE ANTACHED LECAL Parcel 1D Number: 318~149-04-004-009 which currently has the address of E64 BIG WALNUT RD [92e01 GALFNA Cin], Ohio 43021 ep Cade] U"Property Address") TOCETIER WITH all the improvements now er hercaicr erected on the property, and all easemen's, appurtenances, and fixtures now or hereafter a pani of the pmperty. AU replacements and additions shall also be covered by this Security Instrument Alt of the foregoing is refetted to im this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully scased of the esate hereby conveyed and has the :ight to mortgage, grant and convey the Property and thal ihe Property is unencumbered, except for encumbranves of record Borower wacraris ond wall defend generally the tile to the Property against all claims and demands, subject 10 uny enasabrun-xs of record. ‘THIS SECURITY TNSTRUMERT combines uniform covenanis for national use and non-unilorm covenants with hmited variations by jurisdiction 10 constinue a uniform security instrument covering real Property. UNIFORM COVENANTS, Rorrower ard Lender covenant and agree as fellows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charger Bocrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under ths Note. Borrower sta] also pay funds fer Escrow ferns ‘pursuam 1g Section J, Payments due under te Nove and this Security Instrument shall be made in U.S. ‘currency. However, uJ un} chock oF other instrument received by Ler under the Acie or this ps0 xs; vedas Form 3036 191 e HOLO584 BEEZ 126 ®Socunty Instrument is retamed to Lender unpaid. Lender may require that any or all subseyuettt payments due under the Note and this Secunty Instrument be sade an cute oF more of the following forms. as selected ty Lender: (a) cash, (b) money order, (3) Gertified check. dank check, treasurer's check or cashier's check, provided pny such chock is drawn upon an insutution whose deposuls ase insured by a tederal agency, instrumentality, or entity; or (4) Electronic Funds Transfer, Paymenis are doomed received by Lender when recerved at the locution designated in the Note or at such other location as may be designated by Lender in accordance with the nolice provisions in Sgetivn 15, ‘Lender may return any peynesl or partial paymcnl af lhe payrcal or partial payments are insuticient to bring the Loan current Lender may accept any payment or partial payment insufTicieat to bring the Luan current, withour walver of any rights hereunder or prejudice to its rights refuse such payment or partial Payments in the firture, but Lender is not obligated tu epply such payments gt thc time such payments ars accepted Sf euch Penodie Payment 1s npplicd as of iss scheduled due date, then Lender necd not pay daterest on unapplied funds, Lender may hold such unapplied funds until Darrower makes payment to bring the Loan current. If Borrower does not do so within a reazonable pened of time, Lender shall either apply such funds or return dem 19 Dorrower. If not applied cartier, such funds will be applied fo the oulstcndiing principal Valance under the Note inuediately prive to foreclosure. No oftsct of clan which Borrower mught lave now or in the future against Lender shall rchicve Borrower from making payments due under the Note and this Sccuriny Instrument or performing the covenamis and ngrcements secured by «his Security Jnsteument. 2. Application of Payments or Proceed Excrpl us otherwise dascribed in hus Sectisn 2, ail paymcms uscepled and applied by Lender shall be applied in the following order of priority: (a) interest duc under the Note; (>) principal due under the Note, (c) amoumns due urder Section 3 Such payanelis shall be applied to cach Periodic Payment in the order cn which il became due. Any remeining amounts shall be applied first ty lute clurges, socom to wny other amounts duc under ts Sccunty Instrument, and then to reduce tse principal batance of the Note. If Lender receives 9 payment from Harrower for a delinquent Periodic Payment which includes a sufficient amount to pay any tate change dug, the payment may be applied 10 the dolinquent payment and the Inte charge. If move than one Periodic Payment 1s outstanding, Leader nuay apply any payanent reserved from Borrower ta the repayruent of the Periodic Payments xf, und 10 the extent thet, exch paymacnt can be paid in lull. To the excem thut uny excess exists w“icr the payment is applicd co the Full payment of ane ar moze Penodie Payments. such excess may be applicd 10 any late charges due, Voluntary prepayments shall he applied frst te any prepayment charges and then as described in the Note Any application of payments, lasurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend of postpone the due dete, or change the aunaunt, of the Periodic Paytucnts 3. Fuads for Excrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, unrit the No‘e is paid in fell, a sim (the “Funds*) to provide for payment of amounts due for: (a) taaes and assessineats and other items wluch can atlain pucrily ever (his Seeurity Insunet us a tien or encumbrance an the Property, (b) leasehold payienly or ground rents on de Property, if wnys (2) premiisins for amy and all surance reqaured by Leader under Seciion $: and (d) Mortgage Insurance premiums, if any, of any sums payable by Rorrowcr to Lendcr in licu of the payment of Monyage Insurance premiums in accordance with the provisions of Section 10, These iten:s are caled "Escrow Hems" At originate or al uny ime dusmg the term of the Loan, Lender uy require tha: Community Association Dues, Pos, and Assessments, if uny, bs escrowed by Borrower, and such dues, ces om assessments shall be an Escrew Mera. Borrower shall prempily furnish to Lender ell notices cf amoumis (0 be paid under this Section Rorrawer shall pay Lender the Funds for Escrow lems unless Lender waives Borrower's obligation to pay the Funds for amy or all Escrow Wems Lender may waive Darrower's ww ST BY #01) es Prone > Form 3038 1:01 at e WlO6e4 wate? 12 e@eS YLO684 FAE2 129 gbligution (9 pay ta Lender Funds for any or all Rscrow Treuns al auy tiine, Any such waver may only be in writing. In the event of such waives, Borrower shall puy diractly, when and where payable, the amounts due for any Excrow Ttems for which pay ment of Funds has been wabved by Lender and, if Lender requires, shalt furnish to Lender reveipls evidencing such payment within mich time period as Lender may require Borrower's obligation 1o make such payments and 10 provide receipts shall for all prposes be docined to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant und egroement® 1s used in Section 9 If Tlorrower is obligated 10 pay Escrow Hlems durcctly, pursuant 10 a walver, and Borrower fails to pay the amount due for ax Escrow Item, Lender may exercise its rights under Section 9 and pay such umount and Borrower shall then b¢ obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver ag to any of aff Escrow hems at any time by a notice given in aecordance with Section 13 and, upon Ruch revecation, Norrower shall pay to Lender all Funds, oud in such amounts, that are then resired under this Section 3. Lender may, at any time, collect and hald Funds in an amount (9) suffic:2nt to perinit Lendet 10 apply the Conds at the tine specified ander RESPA, and (b) not to exceed the maienesu sivounl a louder Gan require under RESPA. Lender shall estimate thc amount of Funds duc o« the basis of currcat aia and reasonable estiinates of expenditures of fature Eserew Iteins or otherwise in accordance with Applicable Law, The Fuuds shall be held in an insiitubon whow deposits ure insured by # Redzrol agency, tnstrumentalny, or entry (ingluding Lender, if Lender is an instirution whose deposits are so insured) or im any Foderal Home Loan Bank Lender shall apply the Funds 10 pay the Escrow Items no Later than the me specified under RESPA, Lender shall not charre Barmmer for holding and applving the Funds, annually analyzing the escrow accoun}, or verifying the Fscrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law peimits Lender to make such a chiarge. Unless an agreement 15 made in wribig cc: Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrowes any Interest or canutgs uu Use Funds Borrower and Leader can ages in writing, however, that imerest shall be paid on the Fuads. Lender shall give to Borrower, wilboct clurgc, an annval accuunting of thre Funds 2s required by RESPA, If dlere is @ surplus of Funds held in escrow, us defined uncer RESPA, Lender shall accoum to Borrower for the excess funds im accordance with RESPA. IT there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower us scyuznud by RESPA, aad Borrower shail pry 10 Lender the amount necessary 10 make up the shortage ia accordance with RESPA, bul an no more than 12 monthly pasments If there is a deficiency of Tunds held mm escrow, as defined under RESPA, Letusr slut! notify Borrower us requiced by RESPA, ond Borrower shall pay to Lender the amount necessary 10 make up the deficicncy in uecordance with RESPA, but in Wo more shan 12 monthly payments ‘Upon payrnent in Full of all sums secured by this Security Instrument, Lender shall promptly: refund to Borrower any Funds treld by Lender. 4, Charges; Liens, Borrower shall pay all taxcs, assessmeula, charges, fines, and impositiors atinbulable ta tle Properly which can atiain prionty over this Secunty Insinnnent, aschwld pay nents or ground reals on the Property, any, and Commumry Association Dues. Fors. aud Assessineuls, if any. To the extent (hat these items ure Escrow Items, Borrower shall pay them an the manner provided in Section 3 ‘Borrower stath pruiplly discharge any lien which has pnonty ovr this Security Instrument urtess Tinrrawer: (a) agrees in writing to the payment of the obligation secured ky ihe hen in a manner acceprable to Lender, but anty $0 long a5 Borrower is performing such agrecment; (b) vontests the lien in good faith by, or defonds against enfarcement of the lien in, legal proceedings which in Lender's vpnuon operate to provent Uw enforcement of the lisn while those proceedings are pending. but only uniil such pravcedings fare concluded, vt (c) secures from the holder of the tien art agreemem satisfactory to Lender subordinating. the lien 10 us Security lustrument If Lender determines that any part of the Property is subject 19 u lieu which can autain pronty over this Secury Instrument, Lender sugy give Rortgwer a notice identifying the wage sons ~ Foun 3038 101 Si2- (0H) pa a Sse iaoceunzizes @ Len Within 10 days of the date on which that notice is given, Borrower shall satisfy tlw: lien oF take une oF more of the actions set forth above in this Section 4. Lender may require Gerrower to pay 4 one-time charge for a seal esiaie (ax verificyton amor repornrg service used by Lender in connsction with this Laan $. Property Insurance. Dorrowes shall keep the improvements now existing or hereafter erecied on : the Property. insnrcd against loss by fire, havards inchided within the terin “esteted cuverage,” und aly fa other hazards including. but not Limited to, carihyuakes and MTvods, for wluch Lender requires insurance, hn ‘This insurance shall be maintained in the amounts (including deduenible levels) and tor the periods that - Lender requires. What Lender requires pursnant to the pracoding sentences can change dunng the teint of "1 the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's +h ght ty disupprove Borrower's chowe, which sight simdl not be exercisad unreasonably. Lender may require Borrower ta puy. in connection with this Loan, either: (3) # onetime charge for Mood zone dcicrmination, cemification and wacking services, or (b) a anc-time charge fer ond zone determination ‘and certification scrviccs and subscquem! charges cach time remapplngs or similar changes accue which reasonably might affect such determination cr certification. Borrower shall atsa be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connscton with the review of any flood zone determination resulting from an objection by Borrower If Borrower fails (9 maintain any of the voveruges desenbed! ubove, Lender ty gbtain msuniace coverage, at Lender's option and Borrower's cxpense. Lender is undcr no obligation to purchust any particular type or amount of coverage Therefore, such coverage shall caver Lender, but might or might nol protect Borrowcr, Borrower's equity in the Properry, or the contents of the Property, against any risk, linzaed or lability and might provide greatzs or lesser coverage than was previously in effect Porrower acknowledges that the cost of the insurance coverage su ublained impht signsficauy exceed the cost of insurance thal Borrower could have oblamisd. Any amounts disbursed 0) Lendzr under this Section $ stall becoine wdditionat debi of Dorrower secured by this Security Instrument These aroun siull bear usterest i the Note rate from the date of disbursement and shal! be payable, with such n:erest, upon notier Iront Leniler to Borrower requesting payin. ‘All insurance policies required by Lender and renewals of sucts policivy sluill te subjett to Lender's right to disapprove such pohcics, shall include a standard mortgage clavsc, and shail tne Lender As inortguges and/or as en additional loss payce Lender shall have the right to hold the policies and rettewal confificates, If Leader requires, Boirower shall proinpaly give to Lendsr ali receipts ot pa:d premiuins and Tenewal notices If Borrower obtains uny form of instance coverags, ant otherwise required by Lender, for damage 10, of destruction of, x Property, such policy shall include # standard martgage clause and shall name Lender ax mortgagee andiar as an addiviowl loss payer In the event of loss, Borrower still give prompt notice 10 the insurance carrier and Lender. Lender may make proof'o! loss if not muve prumpily Uy Borrower Unless Lender and Borrower otherwise ugree in writing, any insurance proceeds, whetlkr oF not the urderlying insurance was required by Lender, shall be applied (0 restoration or repair of the Property, if the restoration or repair 1S ccononweaily feasible aed Lender's sccunty is tot lessened. During such repair and restoration period, Lender sball hiave the right 10 hold such insurunce proceeds until Lender has had ar opporunity (0 inspocl such Property to ensure the : work has been completed to Lender's salisfaction, provided that such Inspection shull be undertaken promptly Lender may disburse proceeds for ths repairs ard restoration in a single payment or in a series of progress payments as the work is complctod. Unless an agreement is mace in writing or Applicable Law oquites interest to be paid on such insurance proceeds, Lender shall not bz required t0 pay Botuwer any rest or zuruiigs on such proceeds. Fecs for public adjesters, or other third parucs, retained by Borrower shall not be paid cul of the insurance proceeds and shall be the sole obligation of Berrawer. If cr repair is ot economically feasible or Lenuer’s secunty wonld he lessened, the wsuruwe the restr " proceeds shall he applied to he sums secured by this Socunty [nsiruncel, whether or et then due, wih BR 410%) cas Poet os me Form 2026 1101 Se Loo . .REGRET @ mocss aziz @ the exces, if any, pid Lo Borrower, Suc insurance wuonads Sal be Hpplic de the oder provided for in jeclian 2. If Dorrowar bandons the Propemy, Lender may file, negotlatc and seule aay available insurance claint and related matters, If Borrower does aot respond within 30 days tv 4 notive from Lender that the = insusance carrier bs offered to seitle u claim, (hen Lerxker uy niegotiats und secle the claim, Ihe 30-day period will begin when the notice is given In cither event. or uf Lender acquires the Property under : Section 22 cf otherwise, Borrower herchy assigns lo Lender (a) Rereower's nghts to any insurance i preceeds in an amount nct 0 exceed the amounts unpaid under the Note or this Security Instrument, and {b) any other of Borvower's sights fother than the right to any refund of vnearned preniums paid by Boitower) under all insurance policies covering the Property, wsofar as such ngli(s are applicable to the coverage of the Property. Leuder iy use the insurance proceeds either fo repuur or restore the Property ut to pay amounts unpaid under the Note o7 this Security Lasiument. whether or not then duc. : 6 Uccupaaty. Borrower shall occupy. establish and use the Property us Borrower's principal i residence wabin 60 days alice the execution of this Security Instrument and shall conunus t2 occupy the Property as Horiower's. priucigal residence for al least one year ufter Due dite uf occupinicy, unless Lender otherwise agrovs in whiting, which consent sball nei be unreasonably withheld, or unless ¢xicnualing circumstances exist which are beyond Borrower's control. 9. Preservation, Maintenance and Pretection of tbe Property; Laspections. Borrower shall not destroy, dauiaye or iupuw Ux Property, allow the Property to deienorate or cununit wasie on (he Property, Whether or nol Borrower is tending in the Property, Borrower shall muinisan the Properly i arder 10 prevent (he Property [rom dctcnoraung or decreasing m value duc to us cond:tion, Unless il iy dotermined pursuant ta Section § that repair oF restoration 43 not ccononucally feasible, Borrower shall promptly ropair the Propeny if damaged in avnid further deterioration or damage. If insurance or sondemnation proesods are paid in connection with damage to, or the taking af, the Propeny, Barrower shall be responsible for repairing or restoring the Property only if l.ender has rcleased procesds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a scrics of progress payments as the work is completed. If hie iusurence oF condemnation proceeds are ret suficient i to repair or restore the Property, Borrower is not relieved of Borrower's cbligalicn for the completion of such repair or restoration, Lender ors agent may make reasonable enmmes upon and inspections of the Property, If it has reasonable cause, Lender ray inspect the interior of the improvements on the Property. l.ender shall give Borrower notice al the time of or pnor to such an intenos inspection specifying such reasonable cause ¥. Borrowcr's Loan Application, Borrower sha'l be in default if, dering the Loan application process, Dorrower or any petyony or ciities acting at the direction of Borrower or with Rorrower's knowledge or consent gave raterin'y Falye, rnislcading, or inaccumte information of statements to Lender jor fhited to provide Lender weth ma’ I inforinstion) sn connecuon wih the Loan Materiat representations include, but are not limited to, representaucns cuimeining Borrower's occupancy of the Progeny as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under ihls Sceueity Tastrument. {1 : (a) Borrower fails to perform the cavenants and agreements conmmined in this Securty Instrument, (b) there is a legal proceeding that might sigmficantly alfcct Lender's interest in the Property andvor rights under . this Scaurity Inctrament (such as a proceeding in bankrupicy, probate. for condemnation or forferture, for enforcement of a lien which may attain priority over tts Sccurity Instrument or to enforce lyws oF regulations), of (¢) Borrower has abandoned the Property, then Lender may du and pay for whalever 1s reasonable Or appropnate to protect Leuler’s imerest im the Property and rights cndcr thus Security Instrument, including protccung and/or uswssing [hg valuc of the Propeny. and secunng ander teparing the Piopeity. Lender's actions can include, but ave mul Sinntiad fo (a) paying any surs sccured by & lien which has prionty over this Socunty Insuusueut, (b) appearing in court, and (6) payiag reasonable Foren 3038 1101 py H10y coe Fiera J@ yilo6e4 PAZ @ attorneys! fees to prelect ifs imerest in ie Property and/or nghls under tis Scourity Instrument, including ils secured postion an w bankruptcy proceeding ‘Securing the Propeny includcs, bul 1s not limuted to. } A ‘entering the Properly 1 make repuits, change locks, replace or board up doors and windows, crain water from pipes, clumnate bulding or other code violations or dangcrous conditions. and have wiliies turned ‘on or off. Althongh Lender may take action under this Secuon 9, Lender does not have 10 do so and 1s act . under ary daty or cbligation to do so. 2t is agreed that Lender incurs no liability for not taking amy or all acdons authorized under this Section 9. ‘Any wicounts disbursed by Lender under this Secon 9 shall become addiuonal debt of Borrowcr scoured by’ this Sccunty Instrument. ‘Ihhese amounts shall bear inicecst at the Kote rate from the date of : y disbursement und stuill be payuble, with such interest, upon notice from Lender te Borrower requesting i nent TE this Security Tnstrumert 1s on a leasehold, Borrower shalt comply with all te provisious of the lease, If Rorrower acquires fet title to the Property, the leasehold and the fev litle shall not merge unless Lender agrees to the merger in writing, 10, ‘Mortgage Insurance, If Lender required Mortyaye Insurance as 4 condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any wason. the Mongage Insuranve coverage required by Lender ceases to be available from the mortgage sasurer that previously provided sch insurance and Borrower was required to make separately designated pnyments Toward the premiums for Mortgage Inmurance. Borrower stiall pay the preriivms rayuired to oblia : coverage substantially equivalent 10 the Mostgape Insueance previously in effecl, al a wel substantivlly 1 equivalent 10 the cost 10 Borrower of the Mongage Insurance previously in effect, from au alternate : mortgage ineurer selected by Lender. If substantially equivalent Moriguge Inserance coverage 8 mat available, Dormwer shall continue to pay te Lender tbe zoom of the seprstely desi payments that were die when the insurance coverage ceased to be in effect. Lender will accept. vee wind relnin Use payments as 4 non-refundable less reserve in lieu ef Mongage Insurance Such loss reserve shall be 1 non-refundable, notwithstanding the fact that the Loan is ultimaiely paid in full, and V.cnder shall not be required to pay Borrower any interest or carmings on such loss reserves. Lender can no long: sequive Luss Teserve payments if Mortgage Insurance coverage (2n the amount and for the period that Lender reynices) provided by an insurer selected by Lender again becomes available, is obtained, ond Lemder retires separaicly designated pay monts toward the preneiums for Mortgage Lnstwance I Lender required Morlguee Insurance as a condition of making the J.oan and Borrower was raquired W inake separately designated paymnente toward the premiums for Mongage Insurance, Borrower shall pay the premiums required! to inainiain Mongage Insurance in cffect. ot 10 provide a nou-tefunduble loss reserve, until Lender's requirement for Mongage Insurance ends in accordance with any written agreement between Burrywer and Lender providing for such tcrmmnation of unt terminat