COMPLAINT TOGETHER WITH EXHIBITS FILED Receipt: 375905 Date: 07/25/2024 July 25, 2024 (2024)

 
Preview
 Clark County, Ohio FILED J 25 Qh: IN THE COURT OF COMMON PLEAS Common Pleas Court CLARK COUNTY, OHIO Melissa M. Tuttle, Clerkcece e eee eee eee eee eee eee eee eet ee ene eases see eee nee e eee e cece eee n cece eneeMidFirst Bank Case No. 24 C y 0 5 5 9999 NW Grand BoulevardSuite 100 JudgeOklahoma City, Oklahoma 73118 COMPLAINT FOR FORECLOSURE Plaintiff vs.Jordan Turner302 Villa DriveNew Carlisle, OH 45344Jane Doe, Name Unknown, the UnknownSpouse of Jordan Turner (if any)302 Villa DriveNew Carlisle, OH 45344The United States of America, Secretary ofHousing and Urban Developmentc/o The U.S. Attorney for the SouthernDistrict200 West Second StreetSuite 600Dayton, OH 45402Clark County Treasurer31 North Limestone Street P.O. Box 1305 Springfield, OH 45502 Defendants. Now comes Plaintiff, MidFirst Bank ("Plaintiff"), who hereby alleges and asserts against the Defendants as follows: Background 1 Jordan Turner executed the promissory note (the "Note") that is the subject of this action. A copy of the Note is attached hereto as Exhibit A. 24-015218 BAL C2‘Attached hereto as Exhibit B is a copy of the mortgage (the "Mortgage") that was validly executed in connection with the execution of the Note. The parties to the Mortgage intended that it attach to the entire fee simple interest in the property. The original obligations of the Note and Mortgage have been modified by agreement of the parties (the "Loan Modification"). The Loan Modification may include an increase in the principal balance, deferred amount, and additional financial obligations. A copy of the Loan Modification is attached hereto as Exhibit E. The Mortgage was recorded May 9, 2019 as Official Records Volume 2156, Page 5108, Clark County, Ohio records. The Mortgage is a lien on the property (the "Property") described more fully in the attached Mortgage. The Note and Mortgage are in default. Plaintiff has satisfied conditions precedent and declared the entire balance due and payable. COUNT ONE: BREACH OF NOTE Plaintiff incorporates each of the preceding allegations into Count One by reference. Plaintiff is due upon the Note the principal amount of $128,963.31, plus interest on the outstanding principal amount at the rate of 3.75% per annum from November 1, 2023, plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage, except to the extent the payment is prohibited by Ohio law. Plaintiff is a person entitled to enforce the Note. COUNT TWO: FORECLOSURE10. Plaintiff incorporates each of the preceding allegations into Count Two by reference.24-015218 BALll The Mortgage is a valid and subsisting lien on the Property, subject only to any lien that may be held by the County Treasurer that has priority over the Mortgage as a matter of law.12 The Mortgage was given to secure the Note.13 Plaintiff is entitled to foreclose the Mortgage due to default. See Exhibit B, Exhibit C, and Exhibit D.14. The Preliminary Judicial Report attached to this Complaint as Exhibit F refers to other persons, if any, who are named as defendants in this action.15 The identity of Jane Doe, Name Unknown, the Unknown Spouse of Jordan Turner (if any) is unknown and could not be discovered by reasonable diligence. PRAYER FOR RELIEF16. Plaintiff prays for the following relief: . judgment against Jordan Turner in the principal amount of $128,963.31, plus interest on the outstanding principal amount at the rate of 3.75% per annum from November 1, 2023, plus late charges and advances and all costs and expenses incurred for the enforcement of the Note and Mortgage except to the extent the payment is prohibited by Ohio law; a finding that the Mortgage is a valid and subsisting lien on the Property, subject only to any lien that may be held by the County Treasurer that has priority over the Mortgage as a matter of law; an order (1) foreclosing the equity of redemption and dower of all defendants named in this action, (2) requiring that the Property, be sold free and clear of all liens, interests, and dower, (3) requiring all defendants to set up their liens or 24-015218 BALinterest in the Property or be forever barred from asserting such liens or interests, (4) requiring that the proceeds of the sale of the Property be applied to pay all amounts due Plaintiff, and (5) granting Plaintiff all other relief, legal and equitable, as may be proper and necessary, including, for example, a writ of possession. Boat Angela D. Kirk (007517797 Ann Marie Johnson (0072981) Michael E. Carleton (0083352) Carla M. Allen (0100929) Kimberly D. Fulkerson (0073756) Kirsten E. Friedman (0096466) Justin M. Ritch (0085358) Kyle E. Timken (0071381) Richard J. Sykora (0093134) Manley Deas Kochalski LLC P. O. Box 165028 Columbus, OH 43216-5028 Telephone: 614-220-5611 Fax: 614-220-5613 Email: adk@manleydeas.com Attorney for Plaintiff*Please note: The documents attached hereto may have been redacted to remove personal information andpersonal identifiers, such as financial account information, social security numbers, dates of birth, andsimilar information to further protect the privacy of borrowers and mortgagors.24-015218_BALNOTEMAY 03, 2019. MIDDLETOWN , OHIO jae] [City] [State]302 VILLA DR, NEW CARLISLE, OHIO 45344-1749, Troperty Adress}u BORROWER'S PROMISE TO PAY In retum for a loan that 1 have received, | promise to pay U.S. $157,003.00 (this amount is called “Principal”, plus interest, 10the order of the Lender, The Lender is CALIBER HOME LOANS, INC.. | will make all payments under this Note in the form of‘cash, check or nvoney order. T understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled 10receive payments under this Note is called the "Note Holder.”2 INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. Twill pay interest at a yearly rate of4.625%, ‘The interest rate required by this Section 2 is the rate | will pay both before and afier any default described in Section 6(B) of thisNote,3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. 1 will make my monthly payment on the IST day of each month beginning on JULY 1, 2019. | will make these payments everymonth until | have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Eachmonthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JUNE 1, 2049, 1still owe amounts under this Nole, I will pay those amounts in full on that date, which is called the “Materity Date. I will make my monthly payments at P.O, BOX 650856, DALLAS, TX 75265-0856 or at a different place if required by theNote Holder. (B) Amount of Monthly Payments My monthly payinent will be in the amount of U.S. $807.214, BORROWER'S RIGHT TO PREPAY Thave the right to make payments of Principat at any time before are due. A payment of Principal only is known es @“Prepayment.” When | make a Prepayment, I will tell the Note Holder in writing that tam doing so, 1 may not designate a paymentas a Prepayment if | have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use myPrepayments ta reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment tothe acered and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of theNote. If | make # partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless theNote Holder ayrecs in writing to those changes.5. LOAN CHARGES If'a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so thal the interest or other loancharges collected or to be coilected in connection wilh this loan exceed the permitted limits, then: (a) any such loa charge shall bereduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me whichexceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | oweunder this Note or by making @ direct payment to me. If # refund reduces Principal, the reduction will be treated as a partialPrepayment6 BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe Note Holder has not received the fall amount of any monthly payment by the end of 1S calendar days after the dete it is due,T will pay a late charge to the Note Holder. The amount of the charge will be 4.00% of my overdue payment of principal and interest.Twill pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment cx the date itis due, | will be in default. (C) Notice of Default If Lam in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a certaindate, the Note Holder may require me to pay immediately the full amount of Principal which has not heen paid and all the interest thatTowe on that amount. That date must be al least 30 days afer the date on which the notice is mailed to me or delivered by othermeans. (D) No Waiver By Note Holder Even if, at a time when J am in default, the Note Holder does not require me to pay immediately in full as described above, theNote Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paidback by me for all of its costs and expenses in enforcing this Note to the extent nol prohibited by applicable law. Those expensesinclude, for example, reasonable attomeys” fees.©2019 Covus Services, LLCFILA MULTISTATE FIXED RATE NOTE (121/15) ICH 4837-1414-4806v3, Page 1 of 2 G77. GIVING OF NOTICES Unless applicable taw requires a different method, any notice that must be given to me under this Note will be given by deliveringit or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice ofmy different address. Any notice that must be given to the Note Holder under this Note ill be given by delivering it or by mailing it by first class mailta the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address,8. OBLIGATIONSOF PERSONS UNDER THIS NOTE If more than one person signs this Note, ench person is fally and personally obligated to keep al! of the promises mace in thisNote, including the promise to pay the fll amount owed. Any person who is a guarantor, surely or endorser of this Note is ulscobligated to do these things, Any person who takes over these obligations, including the obligations of » guarantor, surety or endorserof this Note, is also obligated to keep all of the promises made in this Noie. The Note Holder may enforce its rights under this Noteagainst each person individually or against all of us together ‘This means that any one ofus may be required to pay all af the amountsowed under this Note.% WAIVERS: | and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishoncr.“Presentment” means the right to require the Note Holcer to demand payment of amounts due. “Notice of Dishonor” means the rightto require te Note Holder to give notice to other persons that amounts due have not been paid.10, UNIFORM SECURED NOTE ‘This Note is au iform instrument with limited variations in some jurisdicti ;. In addition to the protections given to the NoteHolder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note,protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. ThatSecurity Instrument deseribes how and under what conditions | may be required to make immediate payment in full of all amounts t‘owe under this Note. Some of those conditions are described as follows: fall o¢ any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not @ natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all st secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohi d by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pey all sums secured by this Security Instrument. If Borrower fails to pay these sums prior (o the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on BorrowerWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNEDae Rami Aot (Seal) [Sign Original Only)Loan Origi ization: CALIBER HOME LOANS, INC.NMLS ID:Loan Origi SON REEDYNMLS ID| Pay to the order of ve spor Without Recourse - aa. Post-Closing Team Lead© 2019 Covius Services, LLC FIA MULTISTATE FIXED RA E NOTE (1/21/15) HCH 4837-14144 0603 Page 2 of 2EXHIBIT B meme R00 a 05/09/2019 02:19 PM. Filed for Record in CLARK County, Ohio Nancy Pence, Recorder Rac Fees: $124.00 MORTOR Vol 2156 Pgx $108 - 5121 After Recording Return To: FIRST AMERICAN MORTGAGE SOLUTIONS ON BEHALF OF CALIBER HOME LOANS 1795 INTERNATIONAL WAY IDAHO FALLS, ID 83402 [Space Above This Line For Recording Data] OPEN-END MORTGAGE DEFINITIONS Words used in multiple sections of this document are detined below and other words are defined in Sections 3, 10,12, 17, 19 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document, which is dated MAY 03, 2019 together with all Riders to this document. (B) "Borrower" is JORDAN TURNER; AS A SINGLE MAN. Borrower is the mortgagor under this Security Instrument. © “MERS" is Mortgage Electronic Registration Systems, Inc MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee ender this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, M1 48501-2026, tel. (888) 679-MERS. (D) “Lender” is CALIBER HOME LOANS, I *. Lender is a CORPORATION organized and existing under the laws of DELAWARE. Lender's address is 1525 S. BELT LINE ROAD, COPPELL, TX 75019. FIA ONO OPEN-END MORTGAGE (9/14) 4C# 4830-6 162-0052 (rage 1 of 13 pages, © 2019 Covius Services, LLC WAVE TITLE AGENCY G7 1420 W MAIN ST TIPP CITY, OH 45371CLARK COUNTY, OH 05/09/2019 02:19:01 PM OR 2156 5108 201900005587 Page: 1 of 14{QM A BK 2156 PG 5109 (E) "Note" means the promissory note signed by Borrower and dated MAY 03, 2019. The Note states that Borrower owes Lender ONE HUNDRED FIFTY-SEVEN THOUSAND THREE AND 00/100THS Dollars (U.S. $157,003.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 01, 2049. (A “Property” means the property that is described below under the heading "Transfer of Rights in the Pr ” (6) "Loan" means the debt evidenced by the Note, plus interest, late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable] D Condominium Rider O Growing Equity Rider O Adjustable Rate Rider 1D Planned Unit Development Rider O Graduated Payment Rider 1 Non-Owner Occupied Rider O Revocable Trust Rider a “Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non- appealable judicial opinions (J) “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. q) “Escrow Items" means those items that are described in Section 3. (mM) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property, (ii) condemnation or other taking of all or any part of the Property;(i conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or default on, the Loan. (0) “Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan™ even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. FIA OTNO OPEN-END MORTGAGE (9/14) HC# 4830-6162-000502 wage 2 of 13 pages, G7CLARK COUNTY, OH 05/09/2019 02:19:01 PM OR 2156 5109 201900005587 Page: 2 of 14A oe BK 2166 PG 5110 (Q) "Secretary" means the Secretary of the United States Department of Housing and Urban Development or his designee. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower docs hercby mortgage, grant and convcy 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 in the _County [Type of Recording Jurisdiction]of __ CLARK (Name of Recording Jurisdiction]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF which currently has the address of 302 VILLA DR {Street} NEW CARLISLE Ohio 45344-1749 (“Property Address”): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easem*nts, appurtenances, and fixtures now or hereafler a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but Not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real pre JNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as ayment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. FUA OHIO OPEN-END MORTGAGE (9/14) HC# 4830-6162-0005v2 © 2019 Covius Services, LLC wage 3 of 13 pages) v7CLARK COUNTY, OH 05/09/2019 02:19:01 PM OR 2156 5110 201900005587 Page: 3 of 14{ARE BK 2156 PG 5111 Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice tu its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shell be applied in the following order ofpriority: First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly mortgage insurance premiums; Second, to any taxes. special assessments, leasehold payments or ground rents, and fire. flood and other hazard insurance premiums, as required; ‘Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and. Fifth, to late charges due under the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, unti! the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance ‘on the Property, (b) leaschold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Mortgage Insurance premiums. These items are called "Escrow Items.” At origination of at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or ail Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in thi ecurity Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount duc for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3, FIIA O10 OPEN-END MORTGAGE (9/14) IC 4830-6 162-0005V2 (page 4 of 13 pagesi © 2019 Covius Services, LLC v7CLARK COUNTY, OH 05/09/2019 02:19:01 PM OR 2156 5114 201900005587 Page: 4 of 148 (EO0 E BK 2156 PG 5112 Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the can require under Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bark. Lender shall apply the Funds to pay the Escrow Items no lat fer than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow Law Applicable account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires or earnings on the interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amountIf necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shalt promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable the to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on Property, if any, and Community Association Dues, Fees. and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to faith by. or Lender, hut only so long as Borrower is performing such agreement: (b) contests the lien in goodto prevent defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate the or enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; to this Security (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien Instrument. If Lender determines that any part of the Property is subject to a tien which can attain priority over of the date on this Security Instrument, Lender may give Borrower a notice identifying the lien, Within 10 days forth above in which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set this Section 4. 5, Property Insurance. Rarrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards includ ed within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender req wires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zune determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent n or charges each time remappings or similar changes occur which reasonably might affect such determinatio FITA ONO OPEN-END MORTGAGE (9/14) HC& 4830-6162-005v2 page S of 13 pagesCLARK COUNTY, OH 05/09/2019 02:19:01 PM OR 2156 5112 201900005587 Page: 5 of 14as 8 201 BK 2166 PG 6113 certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursem*nt and shal! be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work 1s completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from [ender that the insurance carrier has offered to setile a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In cither event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may us 

Related Contentin Clark County