COMPLAINT FILED August 10, 2009 (2024)

 
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 D9198 ~po§2h778 PLM/bms August 6, 2009IN TEE COURT OF COMMON PLEASFRANKLIN COUNTY, OHIOcasts QOCVE 8 12017PPN: 180-004171-00CitiMortgage, Inc.1000 Technology DriveO'Fallon, Missouri 63304Plaintiff JUDGECOMPLAINT FOR FORECLOSUREWITH REFORMATION-vs-ANDNOTICE UNDER THE FAIR DEBTCOLLECTIONS PRACTICES ACTBerniece A. Estep3301 Latonia CourtColumbus, OH 43232; Randy L. Cheadle3301 Latonia CourtColumbus, OH 43232;First Franklin Financial Corp.subsidiary of National CityBank of Indiana2150 North First StreetSan Jose, CA 95131;ad E Wd O1 ony“OD NISV» OledynaTaxationc/o Ohio Attorney General, 150East Gay StreetColumbus, Ohio 43215;Ao-siunoo 40 wy37962The United States of Americac/o U.S. Attorney General950 Pennsylvania AvenueNorthwestWashington, DC 20530;The United States of Americac/o U.S. Attorney's Office303 Marconi BoulevardSuite 200))))))))))))))))))>))))))))State of Ohio Department of ))))))))))))))))Columbus, Ohio 43215 )3D9198 - F25-and-Treasurer373 SouthColumbus,of Franklin CountyHigh StreetOhio 43215-6306DefendantsD9198F26 FIRST COUNTi. Plaintiff says that it 1s the holder of a certainpromissory note and mortgage deed copies of wnich arehereto attached, marked EXHIBIT “A” and EXHIBIT “8” andmade a part hereof; that the Defendant, Berniece A. Estep,is the owner in fee simple of the real property, asdescribed herein, and further says that the real propertydescribed herein 1s commonly known as 3301 Latonia Court,Columbus, Ohio 43232 with the full legal description asfollows:Situated in the State of Ohio County of Franklin and in theTownship of Madison;Being Lot Number One Thousand Four Hundred Two (1402) ofBlacklick Estates No. 6 as the same js numbered anddelineated upon the recorded plat thereof of record in PlatBook 37 Page 42 through 45 inclusive, recorder's office,Franklin County, Ohio be the same more or less but subjectto all legal highways.2. Plaintiff further says that the Defendant,Berniece A. Estep 1s the owner of the hereinafter describedreal property, but that through inadvertence or error, thelegal description as contained in the mortgage deed doesnot conform to the legal description as set forth above;that the intention of the parties at the time of executionof the mortgage deed was to transfer to the Plaintiff allinterest the Defendant had in and to the aforementioneddescribed real property, but that through a scrivener’serror, the legal description was not entirely and properlycorrect.D9198 - F27, e @- Plaintiff requests reformation of the mortgagedeed to include the entire legal description as set forthabove.SECOND COUNT4. Plaintiff says that it is the holder of a certainpromissory note a copy of which 1s hereto attached, markedEXHIBIT “A” and made a part hereof that by reason ofdefault in payment of the said note and mortgage securingsame, 1t has declared said debt due; that there is due andunpaid thereon the sum of $68,755.43 plus interest at therate of 6.5% per annum from January 1, 2009.THIRD COUNT5. Plaintiff incorporates herein by reference all ofthe allegations contained in its first two counts, andfurther says that it is the holder of a certain mortgagedeed, securing the payment of said promissory note, a copyof which 1s attached hereto, marked EXHIBIT “B”, and beingPermanent Parcel #180-004171-00, and made a part hereof;and has been assigned to Plaintiff as evidenced by theassignment of mortgage, a copy of which is attached heretoand marked as EXHIBIT “C”; that said mortgage is a validand first lien upon said premises.6. Plaintiff says that the conditions of saidmortgage have been broken by reason cof default 1n payment,and the same has become absolute; that the Defendants namedin the Complaint, have or claim to have an interest in thepremises described 1n EXHIBIT “B”.D9198 - F28, e: Plaintiff says that pursuant to the covenants andconditions of said mortgage deed it may, from time to timeduring the pendency of this action, advance sums to payreal estate taxes, hazard insurance premiums and propertyprotection and maintenance.8. Plaintiff says that the Defendants, Berniece A.Estep, Randy L. Cheadle, First Franklin Financial Corp.subsidiary of National City Bank of Indiana, and Treasurerof Franklin County have or claim to have an interest in thepremises.9. Plaintiff further says that the Defendant, Stateof Ohio Department of Taxation, has or claims to have ananterest in the premises by virtue of a Certificate ofjudgment, a copy of which 1s attached hereto, and marked asEXHIBIT "EB", EXHIBIT "F", EXHIBIT "G", and EXHIBIT "H" andmade a part hereof as follows:Certified Judgment LienAmount: $714.70Date Filed: March 30, 1999Case No.: 89400387Judgment Docket: 993G-03-003809Certified Judgment LienAmount: $140.69Date Filed: August 22, 2001Case No.: 2993365153Judgment Docket: 019G-08-009271Certified Judgment LienAmount; $175.13Date Filed: October 28, 2002Case No.: 2903484439Judgment Docket: 02JG-10-014098D9198F29 e eCertified Judgment LienAmount: $410.45Date Filed: December 26, 2003Case No.: 2020440508Judgment Docket: 04JG-03~-00414410. Plaintiff further says that the Defendant, TheUnited States of America, has or claims to have an interestin the premises by virtue of a Federal Tax Lien, a copy ofwhich is attachea hereto, and marked as EXHIBIT "I" andmade a part hereof as follows:The United States of America -vs-Robert Moorec/o U.S. Attorney General950 Pennsylvania Avenue Northwest, Washington, DC20530Amount: $17,079.12Case No.: 310199277FOURTH COUNT11. Plaintiff further says that the Defendant, TheUnited States of America, has or claims to have an interestin the premises by virtue of a Mortgage from Berniece A.Estep ultimately assigned to The United States of America,Sectary of Housing and Urban Development and its successorsand/or assigns, dated December 27, 2007 and filed forrecord in January 9, 2008 in File No. 200801090004192 ofFranklin County, Ohio Records.FIETH COUNT12. Plaintiff incorporates herein by reference all ofthe allegations as contained in the first three counts, asif fully rewritten herein.13. Plaintiff states that the defendant, Berniece A.Estep, is the owner of the hereinafter described realD9198F30 @ e .property, and acquired the property through a SpecialWarranty Deed as filed in Fale No. 200703130044415; March13, 2007, of Franklin County, Ohio Records, a copy of which18 attached hereto marked as Exhibit “D”.14. Plaintiff states that the legal description ascontained in the Special Warranty Deed as filed in File No.200703130044415; March 13, 2007, of Franklin County, OhioRecords, is incorrect, and that the Defendant, Berniece A.Estep, is the owner in fee simple of the real property, asdescribed herein, and further says that the real propertydescribed herein 18 commonly known as 3301 Latonia Court,Columbus, Ohio 43232, with the full legal description asfollows:Situated in the State of Ohio County of Franklin andin the Township of Madison;Being Lot Number One Thousand Four Hundred Two (1402) ofBlacklick Estates No. 6 as the same is numbered anddelineated upon the recorded plat thereof of record in PlatBook 37 Page 42 through 45 inclusive, recorder's office,Franklin County, Ohio be the same more or less but subjectto all legal highways.15. Plaintiff requests reformation of the SpecialWarranty Deed as filed in File No. 200703130044415; March13, 2007 of Franklin County, Ohio Records to include theentire legal description as set forth above.WHEREFORE Plaintiff demands that the mortgagedeed attached hereto and marked as Exhibit “B”, be reformedto provide for the proper legal description as contained inthis pleading; Plaintiff asks the Court to reform theSpecial Warranty Deed as filed in File No. 200703130044415;D9198meee 13, 2007 of Franklin County, Ohio Records to correctthe legal description as contained herein; Plaintiffdemands judgment against the Defendant Berniece A. Estep inthe sum of $68,755.43 plus interest at the rate of 6.5% perannum from January 1, 2009 that the Defendants named hereinbe required to answer and set up any claim that they mayhave in said premises or be forever barred; that thePlaintiff be found to have a valid and first lien on saidPremises for this amount so owing together with itsadvances made pursuant to the terms of the mortgage forreal estate taxes, hazard insurance premiums, and thepremises be ordered appraised, advertised, and soldaccording to law, and that from the proceeds the Plaintiffbe paid the amount found due it, and for such other andfurther relief as equity entitled it to receive.—<—REIMER, ARNOVITZ, CHERNEK &JEFFREY CO., L.P.APeter L. Mehler (#0075283)P.O. Box 9682450 Edison Blvd.Twinsburg, OH 44087Phone: (330) 425-4201Fax: (330) 487-0923pmehler@reimerlaw.comD9198 - F32 eNOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES AcTIf your name appears as a Defendant in this Complaint, thefollowing notice applies to you.1.>IThisThe purpose of the attached documents 18 to collect adebt. Any information you provide to Reimer,Arnovitz, Chernek & Jeffrey Co., L.P.A., will be usedfor that purpose.The amount of the debt 1s stated in paragraph one ofthis Complaint.The plaintiff as named in this Complaint is thecreditor to whom the debt is owed.The debt described in the Complaint and evidenced bythe copy of the note attached hereto will be assumedto be valid by Reimer, Arnovitz, Chernek & JeffreyCo., L.P.A., unless, within thirty days after thereceipt of this notice, you dispute, in writing, thevalidity of the debt or some portion thereof.If you notify Reimer, Arnovitz, Chernek & Jeffrey Co.,L.P.A., 1n writing within thirty days of the receiptof this notice that the debt or any portion thereof isdisputed, Reimer, Arnovitz, Chernek & Jeffrey Co.,L.P.A., will obtain a verification of the debt andacopy of the verification will be mailed to you byReimer, Arnovitz, Chernek & Jeffrey Co., L.P.A.If the creditor named as plaintiff in this Complaintis not the original creditor, and if you make writtenrequest to Reimer, Arnovitz, Chernek & Jeffrey Co.,L.P.A., within thirty days from the receipt of thenotice, the name and address of the original creditorwill be mailed to you by Reimer, Arnovitz, Chernek &Jeffrey Co., L.P.A.Written requests should be addressed to Reimer,Arnovitz, Chernek & Jeffrey Co., L.P.A., P.O. Box 968,Twinsburg, Ohio 44087.is an attempt to collect a debt and any informationobtained will be used for that purpose.D9198F33 MING 100220522220067736 NOTE 9303 LATONIA COURT, COLUMBUS, OH 43232{Propany Adds]LPARTIES“Borrower” meont exch person mening s the end of this Noss, ind the person's successors and sangos. “Lender” means‘UMIOM SAVINGS BANKcand its sutcentors mod uspges.2. BORROWER'S PROMISE TO PAY; INTERESTtn remen for a loan received fram Leader, Borrower promuses to pity the principal mum ofSeventy Thousand, Two Sundred Thirty-Elghe dnd Wo/100 -——s0-—-wo-—sen—--Dollas (US $ 70,238.00 ). phan mnerest, to the Order Of Lender. Jaterest will be charged on unpaud principal,from the date of disbursem*nt of tho loan procotds by Lowder, at ihe rol 1x and Oue-Ual?peroens ( 8.5000 {%) per your nui] the fill amount af principal has been paul.J PROMISE TO PAY SECURED‘Borowes's promise i pay ws sccured by & morrgage, dond of trust or munulay security wstnanent that i dave! the same dame asBus Nows and called the “Secarny Instrument.” The Security Instrument protects the Leader from losses wiuch might result afBorrower defuuies umder tina Noto,4. MANNER OF PAYMENTfA) ThneBorrower shal makc a payment of pracipal and seres! w Lender om ua first day af cach momth begemag omMoy 1 » 2007 _ Aer Drip ad lore reacting ome fr ey of april 'aie page Gee om th te, whl 1 called the “Mananty DamPaymeru shall be meade at S550 HW. DUBLIN-GRARVILLE ROADCOLUMBUS, DHTO 49235 oF at auch place 0s Lender may desagnars in wriungDy nenice to Borrower{©) AmountEach monthly paymens of princige! and uerest wll be w the smanent of US. 5 443.95 Thin anoont‘will be part of a larger monthly payment required by the Security Ieserocnens, thes shall be apphed to priscyal, Insorest and othertoma me dr dena m the Socary borane(D) Allonge to this Note for payment‘Yam allonge ponding for peymen| adpesiracnts ws executed by Bocrower wether with cut Note, the covenants of theaifonge shall be incorporated imo and shail amend and supplemcet tho covenants of thes Not os if the aflongs were a pan of thesNote, [Chock applicable bax]Dcrsduaied Prymenr Anonge [lorie Bquny Altooge [lower tpacitys ror Ga yh ly Nom, oh np. hte on he et3 .searaaceae teat een tate tect ner SG tes are:Ferme a tir ges ss avr oe atc FVTA Mumtsbote Fhued Ruse Note « 10°76nana‘WAP tomagage Gobvtees [S0C}AI 1-721, EXHIBIT AD9198 F34 @ ©® @6. BORROWER'S FAILURE TO FAY(A) Late Charge for Overdue PaymentsUW Lender bas ont received the fall mamhly payment required by die Sec*nty Instrument, as described in Paragraph 4{C)0 la Ne, bythe Se offen cakes ny > thn arma don. Lender sty colle & Use ae fhe sm ofpercent ( 4.0809 %) of thc overdue amount of exch payment.(8) DefantXC Brower defn by fab to py ll ny EB Poe ee pal ote ec okthe Secretary in the case of payment defaalis, require immediic payrocns 2m fall of the principal balance remaning duc 20d ailaccrued wnsrest. Lender may choose not to exercise xt opnica withon! waiveng ics rights mn dhe event of any subsequera deLaule, Inmany cwc*mstances feguisuons issued hy the Sccretary will lonat Lender's nghis to require immediate payment m full wt the caseOf payment defaiie. Thu Now dees nel auhorae acceleranon when not poreaed by HUD regalshons Aa wed m Oud Not,“Sccretary” manta the Secretary of Housmg and Urhen Devclopesem of his of her degnoe,(C) Paycoent of Costs and ExpensesTe Leder fas ogee sated payment ial deere above, Leta 229 require. Borrower to pay costs andexpunsce including reasonable and castomery * toca for eaforzng dhs Note to thea wo proband by tpt.‘Such fees and cnsis zhall bear interest from the date of disbursemont at the: same rate as the principal of tus Note,7. WALVERSBorrower and any other persgn who has oblegebons wade thes Note warve chs gies of proseatment and noacs of dithonor"Preseanmest” mcans the right to secure Lender io demand payment of amounts due. “Nnuce of dishonor” means the nent inrequre Lender ta give notice 1 oiher fiersons that amounts des have not boom paid.§. GIVING OF NOTICES(Unless applicable sw requires a diffeeont seshodl, any douce thas must be given to Berrawer under tus Note will be grven bydedorcang or by mang a by fir clas rel wm Bomower ate propery area above ora dlfeent dares i Benrowes atpven Lender a nonce of‘Ay nobce tat rant be Gren Wo Lander wicer tus Non wil be pve by fir lew mad wo Leas tthe adress sme m‘Paragraph 4(B) or ata dellcrent address if Borrower w given s notice of that different eckdress,9. OBLIGATIONS OF PERSONS UNDER TRIS NOTE‘If more than one person aigns ths Nowe, cach person ts fully and personally oblagated to keep all of the promiscs made mi thisNow, Including dhe promise to pay the fall smoaal owed. Any Porson who x 8 MUATAT@N, ‘surely of codorser of ther Note 1 a!90Gelgued t OF Seve timgs, Aay pron who takes over ihose obligadons, uchaing the obbigauons of « guaramor, Surety orndurser of tia Now, 1 ats obtyeaed wo keep al ofthe promuses made mts Nobs Lene auty cxlioro a righ uader ft Ko‘Aguesi cach pecoon widividually of sgamat oll mgnatortes together. Any noc persow ngmag this Note may be required 0 pay all ofthe poousts Owed unger this Now,BY SIGNING BELOW, Borrowes mccepes and agvecs tn te arms sod covenants contzned as this Note. “Be A Gasp esp )ERRIECE @, ESTER -Berower BorerwesSed) GanBorven ‘Benmeer(sea (sayBenoser Reon(sea san‘Burrvear RomerPAY TQ THE ORDER GF CITIMORTGAGE, IMC.ROUTCOURSE. THIS sth DAY OFUNION SAVINGSBQove cw, nhSy:PATRICIA A. BORGHESE, A.@ _@ EXHIBIT ByD9198 - F35 wrmeacenc. «ne.. 120 EAST FOURTH STREET - 2ND FLOOR!!| Rena To:|IHAC2007031300404151 ehialsoote a fon aoRober! G MontgoseryFranklin County Recorder———_—__________—___~__—_ [Space Above Tals Line For Recording Dats} —-——————___—_______.‘ FHA Case NasState or One OPEN-END MORTGAGE| 413-s82508-1-MIN 100229522220067736 THIS MORTGAGE ("Sec*nty Instrument”) is givenon March 3, 2607‘The Mortgagor 1s1 BERNIECE A. ESTEP, MARRIED AND RANDY L. CHEADLE, HER HUSBAND,SIGNING SOLELY TO RELEASE HIS DOWER AIGHTS HEREINwhose current mailing address 1s 81 §. RICHARDSON AVENUE, COLUMBUS, OH 43204(‘Borrowez"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely asGominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized andexisting under the laws of Delaware, and has an address and telephone number of P.O Box 2026,Flint, MI 48501-2026, tel. (888) 679-MERS.UNION SAVINGS BANK :1 (“Lender”) is organized and existing under the laws of THE STATE OF OHIO andhas an address of 3550 W. GUBLIN-GRANVILLE ROAD' COLUMBUS, OHIG 43235 ; Borrower owes Lender the principal sum ofSeventy Thousand, Two Hundred Thirty-Elght and No/100 ~--------------.~---Dollars (U.S. $ 70,238.00 ).This debt is evidenced by Borrower's note daicd the same date as this Security Instrument ("Note"), whichprovides for monthly payments, with the full debt, sf not paid earlier, duc and payable on April 1, 2037. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by theNote, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, withinterest, advanced under paragraph 7 to protect the sec*nty of this Security Instrument; and (c) the performance ofBorrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower002004223222FHA Obie Open-Ead Mortgage with MERS- 4/96Wolters Kiuwer Financial Services:VMP 9-4N(OH) (0408) 03 Amended 2/01ae ae (evCcD9198.- F36does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS, the following described property located inFRANKLIN County, Ohio:Parcel 1D Number. 180-004171-00which has the address of 3301 LATONIA COURT (Street)COLUMBUS {Cay}, Ohio 43232 [Zip Code] (“Property Address");TOGETHER WITH all the improvements now or hereafter erected on dic property, and all eascments,appurtenances and fixtures now or heseafier a part of the property. Ail replacements and additions shall also be coveredby Os Seewry Tnsruest All of te foregoing wrfeed Wo in dha Scary insane ste Prope Borrowerunderstands and agrees that MERS holds only legal utle to the mtcrests granted by Borrower in this Security Instrument;but, if necessary to comply wath law or custom, MERS, (@s nomines for Lender and Lender's successors and assigns),thas the right: to exercise any or all of those interests, including, but not limited to, the nght to foreclose and sell theProperty; and to take any action required of Lender including, but not limited to, releasing or canceling this Sec*ntyInstrument.BORROWER COVENANTS that Borrower is lawfully serzed of the estate hereby conveyed and has the right tomostgage, grant and convey the Property and that che is unencumbered, except for encumbrances of record.Borrower warrants and will defend generally the dle to the Property against all claims and demands, subject to anyencumbrances of record,THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants withlimited variations by jurisdiction to constitute a uniform security instrument covering real property.Borrower and Lender covenant and agree as follaws:UNIFORM COVENANTS.1. Payment of Principal, Jnterest and Late Charge. Borrower shall pay when due the principal of, and intereston, the debt evidenced by the Note and late charges dus under the Note,2. Mouthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment,together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and specialassessments levied of 10 be levied against the Property, (6) keasehold payments or ground rents on the Propesty, and (c)premium 2 Serer a Nee a Uae wore C3 aM 7 year ih which atto Secretary"), or in any year in wi premomwould have been required if Lender still held the aig seated ripe an ie Beh tal3 sam for the annual morigage insurance. premium to be paud by Lender to the Secretary, or (ii) a monthly charge insteadofa msurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to bedetermined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items” andthe sums paid to Lender are called “Escrow Funds.“002004223222nvale,_ BAVMP®-4N(OH) 040s) 03 PagazoloD9198. - F37Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed themaximum amount that may be required for Borrower's escrow account under the Real Estate Seulement Procedures Actof 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amendedfrom time to ome ("RESPA"), except that the cushion of reserve permitted by RESPA for unanticipated disbursem*ntsor disbursem*nts before the Borrower’s payments are avatlable in the account may not be based on amounts due for themortgage insurance premium.If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shallaccount to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any timeate not sufficient to pay the Escrow liems when due, Lender may notify the Borrower and require Borrower to make upthe shortage as permitted by RESPA.‘The Escrow Funds are pledged as addivonal sec*nty for all sums secured by this Security Instrumeat If Borrowertenders to Lender the full payment of all such sums, Borrower’s sccount shail be credited with the balance remaining foral} mstallment items (a), (b), and (c) and any mortgage insurance premium installment that Lenders has not becomeobligated to pay to the Secretary, and Lender shall promptly refund any excess funds lo Borrower. Immediately pnor toa foreclosure sale of the Property or its acquisiuon by Lender, Borrower's account shall be credited with any balanceremamung for all installments for items (a), (b), and (c).3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:Eirst. to the mortgage insurance premium to be paid by Lender to the Secretary or tw the monthly charge by theSecretary instead of the monthly mortgage insurance premium;Second, to any taxes, special assessments, feaschold payments or ground rents, and fire, flood and other hazardinsurance premiums, as required;‘Third, to interest due under the Note;Enuzth, to amortization of the princrpal of the Note; andFilth, to late charges due under the Note.4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whethernow in existence or subsequently erected, against any hazards, casualties. and contingencies, includmg fire, for whichLender requires insurance, This msurance. shall be maintained in the amounts and for the periods that Lender requires.Borrower shall elso insure all unprovernents on the Property, whether now in existence or subsequently erected, againstloss by floods to the extent required by the Secretary, All insurance shall be carried with companies approved by Lender.‘The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, andima form acceptable to, Lender.In the event of toss, Borrower shall give Lender immediate notice by mail. Lender may make proof of Joss if notmade promptly by Borrower, Each msurance company cuncémed is hereby authorized and directed to make payment forSuch loss directly to Lender, instead of to Borrower and to Lender joindly Ail or any part of the insurance proceeds maybe applied by Lender, at its option, either (a) to the reduction of the indebtedness onder the Note and this Sec*ntyInstrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or(b) 10 the restoration or repair of the damaged Property. Any apphication of the proceeds to the principal shal! not extend‘or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of suchpayments. Any excess insurance proceeds over an amount required to pay all outstanding indchtedness under the Note.and this Security Instrument shall be paid to the entity legally entitled thereto.In the event of foreclosure of this Sccurity Instrument or other transfer of ttle to the Property that extinguishes theindebtedness, all right, utle and interest of Borrower in and to insurance policies in force shall pass to the purchaser.002004223222e-aworn sence “oVMP®.4! (0408) 03CcD9198: - F38S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;‘ Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty daysafter the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shal}continue to occupy tie Property as Borrower's principal residence for at least one year after the dais of occupancy,unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuabng circ*mstancesexist which are beyond Borrower's control, Borrower shal! notify Lender of any extenuating circ*mstances. Borrowershall not commut waste or destroy, damage or substantially change the Property or allow the Property to detenorate,| reasonable wear and wear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan isin default. Lender may take reasonable action 10 protect and preserve such vacant or abandoned Property. Borrower shal?also be in default if Borrower, during the loan applicaton process, gave materially false or inaccurate mformution orstatements to Lender (or failed to provide Lender with any material information) in connection with the loan evidencedby the Note, mcluding, but not limited to, representanons concerning Borrower’s occupancy of tie Property as aprincipal residence. If this Security Instrument 1s on a Jeaschold, Borrower shall comply with the provisions of the lease.If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to themerger in writing.' 6. Condemnation. The proceeds of any award or clam for damages, direct or consequential, in connection withany condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are herebyassigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under theNote and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Noweand this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then toprepayment of principal. Any applicanon of the proceeds to the principal shall not extend or postpone the duc date of themonthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceedsover an amount required to pay all outstandmg indebtedness under the Note and this Security Instrument shall be paid tothe enoty legally entitled thereto.7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay allgovernmental or municipal charges, fines and umpositions that are not mcluded in paragraph 2. Borrower shall pay theseobligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's.interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender recespis evidencing thesepaymenis.If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any othercovenants and agreements contamed m this Sec*nty instrument, or there is a legal proceeding that may significanlyaffect Lender's nghts in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws orregulations), then Lender may de and pay whatever is nocessary lo protect the value of the Property and Lender's rightsin the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and besecured by tis Security Instrument These amounts shall bear interest from the dale of disbursem*nt, at the Note rate,and at the option of Lender, shall be immediately due and payable.Borrower shall promptly discharge any lien which has pnority over this Sec*nty Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the hen in a manner acceptable to Lender; (b) contests ingood faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinionoperate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory toLender subordinating the lien to thes Security Instrument. If Lender determines that any part of the Property ts subject toa hen which may anain priority over this Security Instrument, Lender may give Borrower a notice dennfying the002004223222toniatsVAP ®-81(OH) (9405) 03 Page dots KiD9198.- F39lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving ofnowce.8. Fees. Lender may collect fees und charges authonzed by the Secretary.9. Grounds for Acceleration of Debt.(a) Default. Lender may, except as limited by regulanons issued by the Secretary, in the case of paymentdefaults, require immediate payment in full of ail sums secured by this Security Instrument if:@) Borrower defaults by failing to pay 1m full any monthly payment required by this Secumty instrumentprior to or on the due date of the next monthly payment, or@) Borrower defaults by failing, for a period of tharty days, to perform any other obligations contained inthis Security Instrument.(b) Sale Without Credit Approval, Lender shall, if permiued by applicable law (including Secnon 341(d) ofthe Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701}-3(q)} and with the pnor approval ofthe Secretary, require immediate payment in full of all sums secured by this Security Instrument if:(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold orotherwise transferred (other than by devise or descent), and(ti) The Property is not occupied by the purchaser or grantee as his or her principal residence, or thepurchaser or grantee does so occupy the Property but his or ber credit has not been approved in accordancewith the requirements of the Secretary.(c) No Waiver. If circ*mstances occur that would permit Lender to require immediate payment in full, butLender does not require such payments, Lender does not waive its rights with respect to subsequent events,(d) Regulations of HUD Secretary. In many circ*mstances regulations issued by the Secretary will limtLendez’s rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid.‘This Security Instrument does not authorize acceleration or foreclosure if not penmitied by regulauions of theSecretary.(©) Mortgage Not Insured. Borrower agrecs that if this Sec*nty Instrument and the Note are not determined tobe eligible for msucance under the National Housing Act within 60 days from the daiz hercof, Lender may, atiis option, require immediate payment in full of all sums secured by this Security Instrument. A wnitenstatement of any authonzed agent of the Secretary dated subsequent to 60 days from the date hereof, decliningto insure this Security Instrument and the Not, shall be deemed conclusive proof of such ineligibility.Notwithstanding the foregoing. this option may not be exercised by Lender when the unavailabihty ofinsurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary.10, Reinstatement, Borrower has a right to be reinstated 1f Lender has required immediate payment in full becauseof Borrower's failure to pay an amount due under ibe Nole or this Sccurity Instrument. This right apples even afterforeclosure proceedings are instituted, To remstate the Security Instrument, Borrower shall tender in a lump sum allamounts required to bnng Borrower's account current including, to the extent they are obligations of Borrowes underthis Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses properlyassociated with the foreciosure proceeding. Upon reinstatement by Borrower, this Security Instrument and theobliganons that it secures shall remain in effect as uf Lender had not required immediate payment in full. However,Lender 1s not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencemeat offoreclosure proceedimgs within two years immediaiely preceding the commencement of a current foreclosureproceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstaremeat willadversely affect the priority of the lien created by this Security Instrument.002004223222 wan BATEVMP®-4N(OH) (o«08).03 Page Sot 9 ZCD9198. - F4011. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment of' modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor ininterest of Borrower shall not operate to release the labibty of the original Borrower or Borrower's successor in interest.Lender shall nat be required to commence proceedings against any Successor in interest or refuse to extend time forpayment or otherwise modify amortizayon of the sums socured by this Security Instrument by reason of any demandmade by the onginal Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any rightor remedy shall not be a waiver of or preclude the exercise of any nght or remedy.12, Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements ofthis Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subyect io theprovisions of paragraph 9(b), Borrower's covenants and agreements shall be joint and several. Any Borrower whoco-signs this Sec*nty Instrument but does not execute the Note. {a) is co-signung this Security Instrument only tomortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) isRot personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any otherBorrower may agree to extend, modify, forbear or make any accommodanions with regard to the terms of this SecurityInstrument or the Note without that Borrower's consent,13. Notices. Any notice to Borrower provided for m this Security Insument shall be given by delivering it or bymailing it by first class mail unless applicable law requires use of another method. The nobce shall be directed to theProperty Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given byfirst class mail to Lender’s address stated herein or any address Lender designates by notice to Borrower. Any noticeprovided for in thus Securuy Lostrument shall be deemed ta have been grven to Borrower or Lender when given asprovided in this paragraph.14. Governing Law; Severability. This Sec*nty Instrument shall be governed by Federal law and the law of thejunsdiction in which the Property is located. In the event that any provision or clausa of dus Security Instrument or theNote conflicts with applicable law, such conflict shall not affect other provissons of thus Security Instrument or the Notewhich can be given effect without the conflicting provision. To this end the provisions of this Security Instrument andthe Note are declared to be severable,15, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Sec*nty Instrument.16, Hazardous Substances. Borrower shall not cause of permit the presence, use, disposal, storage, or release ofany Hazardous Substances on or in the Property. Borrower shall not do, nar allow anyone else to do, anythmg affecungthe Property that ts in violation of any Environmental Law. The preceding two sentences shal? not apply to the presence,use, Or storage on the Property of small quantities of Hazardous Substances that are generally recognized to beappropnate ty normal residential uses and to maintenance of the Property.Borrower shall promptly give Lender wntien notce of any mvestigation, claim, demand, lawsuit or other action by‘any governmental or regulatory agency or private party involving the Property and any Hazardous Substance orEnvironmental Law of winch Borrower has actual knowledge. If Borrower leams, or is nonfied by any governmental orTegulaiory authority, that any remova) or other remediation of any Hazardous Substances affecting the Property isnecessary, Borrower shall prompuy take ali necessary remedial actions in accordance with Environmental Law.As used m tins paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous' substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleumproducis, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, andradioactive Matenals. As used in this pafa*graph 16, “Environmental Law" means federal laws and laws of theJjurisdaction where the Property is located that relate to health, safety or enviroamental protection.002004223222nae Dope=VMP®-4N(QH) o408}.03 Pagesots “EC CcD9198, -F4l e eNON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follaws:17, Assignment of Rents. Borrower unconditionally assigns and transfers to Lender ail the rents and revenues ofthe Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hezeby directs eachtenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower ofBorrower's breach of any covenant or agreement in the Security Instument, Borrower shal! collect and receive al) rents‘and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes anabsolute assignment and not an assignment for additional sccurity only.If Lender gives notice of breach 10 Borrower: (a) all rents received by Borrower shall be beld by Borrower astrustee for benefit of Lender only, to be applied to the sums sccured by the Sec*nty Instrument, (b) Lender shall beenutled to collect and receave all of the rents of the Property; and (c) each tenant of the Property shall pay al! rents dueand wnpaid to Lender or Lendes’s agent on Lender's written demand to the tenant.Borrower has not executed any pricr assignment of the rents and has not and will not perform any act that wouldprevent Lender from exercising its nghts under this paragraph 17.Lender shall not be required to enter upon, take control of or maintain the Property before or afies giving nouce ofbreach to Borrower, However, Lender or a judicially appointed receiver may do so al any ume there is a breach. Anyapplication of rents shail not cure or waive any default or mvalidate any other right or remedy of Lender. Thisassignment of rents of the Property shall terminate when the debt secured by the Sec*nty Instrument is paid sn full.18. Foreclosure Procedure. If Lender requires immediate payment im full ander paragraph 9, Lender mayforeclose this Security Instruntent by judicial proceeding. Lender shall be entitled to collect all expenses incurredin pursuing the remedies provided in this paragraph 18, including, but not Limited to, costs of title evidence.If the Lender's interest in thia Security Instrument is held by the Secretary and the Secretary requiresimmediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale providedim the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting aforeclosure commissioner designated under the Act to commence foreclosure and to sell the Property 23provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwiseavailable to a Lender under this Paragraph 18 or applicable law.19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this SecurityInstrument without charge to Borrower. Borrower shall pay any recordation costs.20. Advances to Protect Security. This Sec*nty Instrument shal] secure the unpaid balance of advances made byLender, with respect to the Property, for the payment of taxes, assesem*nis, insurance premiants and costs mcurred forthe protection of the Property.21. Riders to this Security Instrument. If one or morc nders are executed by Borrower and recorded togetherwith this Security Instrument, the covenants of cach such rider shall be incorporated into and shal} amend andsupplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this SecurityIns neat, [Check applicable box(es)!Contominjum Rider Growing Equity Ruder CD Other fspecafy}Planned Unil Development Rider Graduated Payment Rider002004223222wae BEVMP®-4N(OH) (0405) 03 Page tots ECD9198 - F42 eBY SIGNING BELOW, Borrower accepis and agrees to the terms contained in this Security Instrument and in anyI Tider(s) executed by Borrower and recorded with 1.‘Wimesses: “Sous Arse —_anANIECE A. ESTEP Borrower (Seal)Borroweroop Bisa (Seal) (Seal)RANDY“L. GHEADLE “Borrower Borrower(Seal) (Seal)-Borrower -Borrower(Seal) (Seal)-Borrower -Borower002004223222VMP ®-4N(QH) casos) 03DQ198.- F43 e eSTATE OF OHIO, FRANKLIN County ss:This instrument was acknowledged before me this 9th dayof March, 2007 abyBERNIECE A. ESTEPand RANDY L. CHEADLE GARY BERTELSENNotary Public o ‘This instrument was prepared by:"oom aneein. UNTON SAVINGS BANKOctober 23, 2007My Commission Expires: tofe{e7002004223222tomas BE\VMP®-4N{OH) (0405) 03 Pagesote C-D9g198 - F44 e e® eI mo _ File No: 1R06001268EXHIBIT "A"SITUATED IN THE STATE OF OHIO COUNTY OF FRANKLIN AND IN THE TOWNSHIP OF MADISON:Being Lot Number Oue Thousand Four Hundred Two (1402) of Blacklick No 6 as the same is numbered anddelineated upon the recorded plat thereof of record in Plat Book 37 Page 42 through 45 inclusive, Recorder'sOffice, Franklin County, Ohio be the same more or less but subject te all legal highways.PARCEL NO. 180-004171-00ALTA Ce #7.omgmtiment (6 06) Page2D9198 - F45 @ @ EXHIBIT Cuh9%Return To:REIMER, LORBER AND ARNOVITZ2450 EDISON BLVD.TWINSBURG, OH 44087FR- WTSASSIGNMENT OF MORTGAGEKNOW ALL MEN BY THESE PRESENTS, that the undersigned,Mortgage Electronic Registration Systems, Inc. whose address isc/o CitiMortgage, Inc., 1000 Technology Drive, O’Fallon, MO63368-2240, does hereby sell, assign, transfer and set over untoCitiMortgage, Inc., whose address is 1000 Technology Drive,O'Fallon, MO 63368-2240, a certain mortgage from BERNIECE A.ESTEP & RANDY L. CHEADLE, MARRIED to Mortgage ElectronicRegistration Systems, Inc., as nominee for UNION SAVINGS SANK,dated MARCH 9, 2007, recorded 03/13/07, in Instrument Number200703130044415, in the office of the FRANKLIN County Recorder,together with the Promissory Note secured thereby and referred totherein; and all sums of money due and to become due thereon, andsecured by the following real estate:AS PER LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BYREFERENCEIN WITNESS WHEREOF, Mortgage Electronic Registration Systems,Inc.,“has set its hand this 28 July 2009.t Qs Nominee For Sew Vorts jLectronic Registration; t Qa ASpaint ° S Syst xor tggncs\ Joann anuunt470,338.00 nySTATE OF MISSOURI«Barcode»«BarcodeLabel»D9198 - F46 e @ss.COUNTY OF ST CHARLESBefore me, a Notary Public in and for said County and State,personally appeared Aaron Menne, Vice President, of MortgageElectronic Registration Systems, Inc.,# who acknowledged thesigning thereof to be their free and voluntary act and deed andthe free act and deed of said corporation.IN TESTIMONY WHEREOF, I have hereunto subscribed my name, andaffixed my official seal on the day and year last aforesaid.Notary PubliciSt Charles C,Commissi ouMy Commissiont Msne Conmiseon Eres cv Wane Thy9 inst it was prepared by:GINA WEINANDFirst American1000 Technology Drive, O'Fallon, MO 63368-2240D9198P09-3447/ FO9-02778LEGAL DESCRIPTIONSituated in the State of Ohio County of Franklin and in the Township of Madison;Being Lot Number One Thousand Four Hundred Two (1402) of Blacklick Estates No. 6 asthe same is numbered and delineated upon the recorded plat thercof of record in Plat Book37 Page 42 through 45 inclusive, recorder's office, Franklin County, Ohio be the same moreor less but subject to all legal highways.Page | of 1D9198F48ee re== nae‘Deod is from Deuteche Bank Trost Compasy Asoneas, ax Trusics snd Castodian forLoan Tras 2005-1, a corporarion organized and exising inde tes laws ofof ((’Geantar”, to Bormiooe, Estee, Gentes")received, Gramor bachy prmts, ramet, alzxs end comeys um Grantco, and toGrasmoe’s heirs and extn forever, it without recowsss, reprapetistlOn Ox WarrKMty, EXCSPL Aeapcemed herun, all of grantor’ nigh, le wed saterest ww xad 2 that Cerra cect oF parcel oFlund commonty innowa ae 3301 Latonie Coon, Cofurnbus, OH 43232 and siteatcd in the Ciy of“Premises”.i ehPennanent Paget # 180-006171-00Te Maing Adtes 2301 Ladonsc Ct Cols Ot UapaaPhos tnwvument Reference, Dnctvment €200610100202304 of the Deed Records of Fraekia(Coury, Obie,‘And Grantor, for self and jis succestars does coveapat, promst atc agree, to and with Creston,‘Grantee's heirs andl sawegne, that Grantor has not dona or caused saything wheraby the Prentiteshereby granied are, or mixy be, by xxy waxiner cacavabered or charged, except as bereas rocited,‘and that Gramior well spuclally warrant tin to the Promises, against all porconss kre fhlly clanrng(or who may claien tha game, by, dhrowgh or under Grantor bur nck ocberstse,pedis Lp dy F0i sooPop recorchedt | 1A lo ‘Denteche Brak Trust CormpenyUs Unt 26570) ee eT oon len Tree OTteSERRE St Artz SPS SEY ot bee trae berg- of Samm Moerigngs ere,Tae, as Atiarany im Pact for Deatsche Bank Trost Cimpany Americas, ox Truvtes xd(Comtadion for ExgaiF irs Mortgage Loan Trost 2005-3, the Grestor fn the fosegoing Deod, endacknowlatiged the signing thereof to be tasfher voluntary act and dood end thy volentary act ancldeed os bobalf of tho corparanon.IN TESTIMONY TEEREOP, I beve bercuso subscribed my name end sfiged wy Offical‘eal ow the day end yeat last aforesaid. dtata iri EXHIBIT Die @ EXHIBIT ED9198 - F49MERERAL THSOGLOPRIN? DATE = 07/17/C9 CRHOTTOR ATYY: BETTY D WONTCOMERY TUDGMENT BO.: SXTU-03-003809SUPSEME CT. REQ. BO,s 000007102 99TX-03-003009TAX TYPH: SALES 13400387 Topamert CRaprroR (5)GHXO STATE DRYARTWANT TAXATION‘308 BROAD ST, COLUMBUS, OH 43215JUDGMENT DEBTOR (3)‘PAUL MOOREDBA MOORES FAMILY DEST, M PT MYERS, PL 33918DBA -WOORES FAMILY pXSTSUSAN WOOREDBA MOORES FAMILY REST, M FI MYERS, FU 33918DBA -MOORES PAMILY XESTAMOOWT OF SODGWENT § 14.70WITH TRTKGEST FROM AT 0 OO% FER ANNUM AMD COSTOF $ 0.00.JUDGMENT O8 DECREK RENDERED: 05/02/89. FIRED: 03/30/99.denearveneesvecrsnnece: Hee Aer edeeee: eeeravereseetiaeuanseebareteneentyASE YJHFORNATIONReeeeereereaRennaerretenseeeetessanaterensteseneese 01/16/07 4023 «= -RLS-WREMIS PER COURT © CES6D 20 5¢crrqea)EXHIBITD9198 - F50 e @PRINT OATE: 07/17/09A . MO.1 01cG-08-009271SUPREME CI. EEG. MO.: 000007102 ‘Tax Book MO.1 017%-08-009271BQ.: 2993365153ONTO STATE DEPARTMENT TAXATION30 © BROAD GT, COLUMBUS, OH 43225ROBERT L MOOREDO BOX 981, MASCOTYE, FL 34753HOUT OF DOME: ¢ 10-89 oy pax aw orsWITH INTEREST PROM aT 0.c ANMOH AND COST 0.00.JUDGMENT OR DECRER RENDERED: 12/09/00, FULED: 09/22/01.{erzgos)EXHIBITEXHIBIT Foe @ EXHIBIT GD9198 - F51RENEWAL 9296-10 19852PRINT DATE: 07/17/03COTO GTATE DEFARTWENT TAXATIONFLAISTIFE,va.ROBERT MOORE‘ORFENDAST.eves CERTIFICATH OF JUDGMENT +++?CREDTIOR ATTY: BETTY D. MONTCOMRLY JUDGMENT Wo.: 0250-10-016088SOpMEME CT. BEG. BO.: 000007202 AX BOOK WO. 7 027 

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