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  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
  • PENNYMAC LOAN SERVICES LLC vs. PALMER, MARSHA A et al Closed REB (CV) CIVIL document preview
						
                                

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IGINAL ” meee F22-44123 DAH/as;ke IN THE COURT OF COMMON PLEAS FAIRFIELD COUNTY, OHIO CASE NO. 22CV 659 PPN: 0120106700, 0120106800 JUDGE JUDGE BERENS PennyMac Loan Services, LLC 3043 Townsgate Road, Suite 200 Westlake Village, CA 91361 Plaintiff, COMPLAINT FOR FORECLOSURE -vs- Marsha A. Palmer 9134 Maple Street Southwest Stoutsville, OH 43154; Timothy C. Palmer 9134 Maple Street Southwest Stoutsville, OH 43154; Treasurer of Fairfield County 210 East Main Street, Room 206 Lancaster, Ohio 43130; Defendants EeeFIRST COUNT 1. Plaintiff says that it is the holder of and/or entitled to enforce the promissory note and note loan modification agreement, copies of which are hereto attached, marked EXHIBIT “A” and EXHIBIT “B”, respectively, and made a part hereof; that by reason of default in payment of the said note, modification agreement and mortgage securing same, it has declared said debt due; that there is due and unpaid thereon the sum of $119,647.21 plus interest at the rate of 3.50% per annum from April 1, 2022. Plaintiff further says that it has complied with all conditions precedent as set forth in the note, modification agreement, and mortgage. SECOND COUNT 2. Plaintiff incorporates herein by reference all of the allegations contained in its first count, and further says that it is the holder of a certain mortgage deed, securing the payment of said promissory note and modification agreement, a copy of which is attached hereto, marked EXHIBIT “C”, and being Permanent Parcel #0120106700, 0120106800, and made a part hereof; and has been assigned to Plaintiff as evidenced by the assignment of mortgage, a copy of which is attached hereto and marked as EXHIBIT “D”; that said mortgage is a valid and first lien upon said premises. 3. Plaintiff says that the conditions of said mortgage have been broken by reason of ‘default in payment, and the same has become absolute; that the Defendants named in the Complaint, claim or may claim an interest in the premises described in EXHIBIT “C”.4, Plaintiff says that pursuant to the covenants and conditions of said mortgage deed it may, from time to time during the pendency of this action, advance sums to pay real estate taxes, hazard insurance premiums and property protection and maintenance. 5. Plaintiff says that the conditions of said mortgage have been broken by reason of default in payment, and the same has become absolute; that the Defendants named in the Complaint, have or claim to have an interest in the premises as referenced in the attached Preliminary Judicial Report, marked as EXHIBIT “E”. The original Preliminary Judicial Report has been filed herewith. WHEREFORE Plaintiff demands judgment against the Defendants Marsha A. Palmer and Timothy C. Palmer in the sum of $119,647.21 plus interest at the rate of 3.50% per annum from April 1, 2022; that the Defendants named herein be required to answer and set up any claim that they may have in said premises or be forever barred; that the Plaintiff be found to have a valid and first lien on said premises for this amount so owing together with its advances made pursuant to the terms of the mortgage for real estate taxes, hazard insurance premiums, and the premises be ordered appraised, advertised, and sold according to law, and that from the proceeds the Plaintiff bepaid the amount found due it, and for such other and further relief as equity entitled it to receive. 72 -)2. 20D, AW/CO. ouglas A. Héessig (0079200) —Peter L. Mehler (0075283) P.O. Box39696 Solon, OH 44139 Phone: (440) 600-5500 Ext. 5549 Fax: 440-600-5520 Email: dhaessig@reimerlaw.comEXHIBIT A Note December 12, 2018 COLUMBUS OHIO {Date} ~ (City) [State] 9134 MAPLE ST SW, STOUTSVILLE, OH 43154 {Property Address] 4. Borrower's Promise to Pay In return for a loan that I have received, I promise to pay U.S. $. 111,515.00 (this amount is called Principal"), plus interest, to the order of the Lender. The Lender is LOAN ONE, A DIVISION OF THE UNION BANK COMPANY I will make all payments under this Note in the form of cash, check or money order. T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. Interest Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.1250 %. ‘The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. . 3. Payments (A) Time and Place of Payments I will pay principal and interest by making a payment every month, T will make my monthly payment on the 4st day of each month beginning on February 4, 2019 « Iwill make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on January 1, 2049 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date," I will make my monthly payments at 461 BEECHER ROAD GAHANNA, OHIO 43230 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S, $ 607.18 - 4. Borrower's Right to Prepay Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, | will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if I 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 my Prepayments to reduce the amount of Principal that { owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note, If] make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE - Singlo Family « Fann'o MaeiFteddle Mac UNIFORM INSTRUMENT Wolters Kluwor Financtat Sorvicas a HP. +: Pp. vaiBER f302)01 ‘age Vet 35, Loan Charges If a law, which applies to this loan and which sets maximunt loan charges, is finally interpreted’so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me, If a refund reduces Principal, the reduction will be treated as a partial Prepayment, 6. Borrower's Fallure to Pay as Required (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.0000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment, {B) Default If [ do not pay the full amount of each monthly payment on the date it is due, ] will be in default. (C) Notice of Default IfT am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that J owe on that amount, That date must be at 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 I am in default, the Note Holder does not require me to pay immediately i in full as described above, the Note Holder will still have the right to do so if I am 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 full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys! fees, 7. Giving of Notices Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address, 8. Obligations of Persons Under thls Note If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note 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 under this Note. - : Foam 9200 1/01 MULTISTATE FIXED RATE NOTE - Siglo Fay « Fonnlo Mae/Fredslo Mao UNIFORM INSTRUMENT vaisen Te Nt Watote Kiar Financial Sonices \ Pp rage 20f3 —9, Waivers T and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid, 10, Uniform Secured Note This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (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. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days ftom the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. “Mba A all Gt Miss (Seal) then C (bear (Seal) JARSHA A. PALMER ‘Borrower TIMOTHY CPPALMER -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] [1 Refer to the attached Signature Addendum for additional parties and signatures, Loan origination organization LOAN ONE, A DIVISION OF THE UNION BANK COMPANY NMLS 1D Loan originator ERIC JOHN DANIELSON NMLS 1D MULTISTATE FIXED RATE NOTE - Singlo Family - Fannie Mao/Fraddie Mac UNIFORM INSTRUMENT Ean 0) Woltare Kiuwor Financial SorvicosLoan Number: Closing Date: Borrowers Name(s): Property Address: Loan Amount Pay to the Order of: Allonge to Note December 12, 2018 Marsha A. Palmer Timothy C. Palmer 9134 Maple St SW Stoutsville, OH 43154 $111,515.00 PENNYMAC Corp Without Recourse Loan One, a Division of The Union Bank Company APiho- tithe Laura Kitchen Assistant Vice PresidentALLONGE TONOTE LAN PROPERTY ADDRESS: 9134 MAPLE ST SW, STOUTSMILLE, OH 43154 PRINCIPAL BALANCE: $111515 BORROWER: MARSHA A PALMER CO-BORROWER: TIMOTHY C PALMER PAY TO THE ORDER OF: PennyMac Loan Services, LLC WITHOUT RECOURSE: PennyMac Corp. BY TITLE: Katerynp Kolysnichenko, Authorized RepresentativeALLONGE TO NOTE Loan PROPERTY ADDRESS: 9134 MAPLE ST SW, STOUTSVILLE, OH 43154 PRINCIPAL BALANCE: $111515 BORROWER; MARSHA A PALMER CO-BORROWER: TIMOTHY C PALMER PAY TO THE ORDER OF: WITHOUT RECOURSE: Penny!iac Loan Services, LLC BY TITLE: Katerypa Kolysrfichenko, Authorized RepresentativeDocuments provided by DataTree LLC va its proprietary imaging and delnvery system. Copyright 2003, All ights reserved. FILED FOR RECORD IN EXHIBIT B 202100034142 FAIRFIELD COUNTY, OH LISA MCKENZIE, COUNTY RECORDER 12/30/2021 08:15 AM MTG MODIFY 122.00 After recording return to: ServiceLink Attn: Loan Modification Solutions 3220 El Camino Real Irvine, CA 92602 Parcel ID No.: 0120106700 [Space Above This Line For Recording Dataj- QioFB2Ue Investor Case Ni LOAN MODIFICATION AGREEMENT (Providing for Fixed Interest Rate) This Loan Modification Agreement (“Agreement”), made this 14th day of October, 2021, between MARSHA A. PALMER AND TIMOTHY C. PALMER (“Borrower”), PennyMac Loan Services, LLC (“Lender”), and Mortgage Electronic Registration Systems, Inc. (“MERS”) (“Mortgagee”), amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated December 12, 2018 and in the amount of $111,515.00 and recorded on December 13, 2018 in Book, Volume, or Liber No. 1781, at Page 2793 (or as Instrument No. N/A) , of the Official Records of FAIRFIELD,OHIO and (2) the Note bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the “Property”, located at: . 9134 MAPLE STREET SOUTH WEST, STOUTSVILLE, OH 43154 {Property Address] MERS Phone: 1-888-679-6377 ‘Loan Modification Agreement—Single Family—Fannie Mae Uniform Instrument Page 1 of 8 108390H 04/19 Description: Fairfield,OH Document - Year.DocId 2021.34142 Page: 1 of 10 Order: 1 Comment: ~Documents provided by DataTree LLC via ts proprietary imaging and delhery system, Copyright 2003, All rights reserved. the real property described being set forth as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of December 1, 2021, the amount payable under the Note and the Security Instrument (the “Unpaid Principal Balance”) is U.S. $120,818.04, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest ‘will be charged on the Unpaid Principal Balance at the yearly rate of 3.500%, from November 1, 2021. Borrower promises to make monthly payments of principal and interest of. U.S. $574.81, beginning on the Ist day of December, 2021, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. The yearly rate of 3.500% will remain in effect until principal and interest are paid in full. If on January 1, 2049 (the “Maturity Date”), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. . 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 delivered.or mailed within which Borrower must pay all sums secured by.the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke.any remedies permitted by the Security Instrument without further notice or demand on Borrower. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, Borrowei’s covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the date specified in paragraph No. 1 above: a) all terms and provisions of the Note and. Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note; and . b) all terms and provisions of any adjustable rate rider, or other instrument or document that is affixed to, wholly or partially incorporated into, or is pait of, the Note or Security Instrument and that contains‘any such terms and provisions as those referred to in (a) above. . ‘Loan Modification Agreement—Single Family—Fannie Mae Uniform Instrument Page2ofs - 108390H 04/19 Description: Fairfield,OH Document - Year.DocId 2021.34142 Page: 2 of 10 Order: 1 Comment:Documents provid by DataTrea LLC va ts proprietary imaging and delivery sjstem. Copyright 2003, Al ghts resend. — Borrower understands and agrees that: © a) ») °) gd °) All the rights and remedies, stipulations, and conditions contained in the Security Instrunient relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder. All covenants, agreements, stipulations, and -conditions’ in the Note..and Security Instrument shall be and remain in full force and effect, except as herein modified, and noné of the Bortower’s obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect ‘any of Lender’s rights under or remedies on the Note and Secutity Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights: of recourse’ to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney’s fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. Borrower agrees that they will execute such other’ documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. Borrower understands that either a corrected Agreement or a letter agreement containing the correction will be provided for signature. At Lender’s option, _ this Agreement will be void and of no legal effect upon notice of such error. If Borrower elects not to sign any such corrective documentation, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement. Borrower authorizes Lender, and Lender’s successors and assigns, to share Borrower information including, but not limited to (i) name, address, and telephone number, (ii) Social Security Number, (iii) credit score, (iv) income, (v) payment history, (vi) account balances and activity, including information about any modification or foreclosure relief programs, with Third Parties that can assist Lender and Borrower in obtaining a foreclosure prevention alternative, or otherwise provide support services related to Borrower’s loan. For purposes of this section, Third Parties include a counseling agency, state or local Housing Finance Agency or similar entity, any insurer, guarantor, or servicer that insures, guarantees, or services Borrower’s loan or any other mortgage loan secured by the Property on which Borrower is obligated, or to any | companies that perform support services to thiem in connection with Borrower’s loan. Borrower consents to being contacted by Lender or Third Parties conceming mortgage assistance rélating to Borrower’s loan including the trial Period plan to modify MERS Phone: 1-888-679-6377_- Loan Modification ‘Agreement—Single Family—Fannie Mae Tay m Instrument 108390H 04/19 Description: Fairfield, OH Document - Year.DocId 2021.34142 Page: 3 of 10 Order: 1 Comment:Documents provided by DataTiee LLC vi fs proprietary imaging and delhery system, Copyright 2003, All ights reserved Borrower’s loan, at any telephone number, including mobile telephone number, or email address Borrower has provided to Lender or Third Parties. By checking this box, Borrower also consenits to being contacted by text messaging [1]. 9) That the mortgage insurance premiums on my Loan, if applicable, may increase as a result. of the capitalization which will result in a higher total monthly payment. Furthermore, the date on which I may request cancellation of mortgage insurance may change as a result of the New Principal Balance. h) . -“MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation’ that is acting solely as nominee’ for Lender and Lender’s successors and assigns. MERS is the (Mortgagee) of record under the Security Instrument and this - Agreement. MERS is organized and existing under the laws of Delaware, and has an address and teleplione number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-. MERS. . 6. I understand that the Loan Documents will not be modified unless and until (i) the Lender accepts this Agreement by signing the Loan Modification Agreement, and (ii) the Modification Effective: Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement. 7 ‘That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this. Agreement; or (ji) correct the terms and conditions of this ‘Agreement if an error is detected after execution of this Agreement. I understand that either a corrected Agreement or‘a letter agreement containing the correction will be provided to me for my signature. At Lender’s option, this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrective documentation, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification. Date: /6 18, 21 Bonower -MARSHAA. PALMER “Dae: 10/8) 2 Borrower - TIMOTHY C. PALMER MERS Phone: 1-888-679-6377 ‘Loan Modification Agreement—Single Family—Fannie Mae Uniform Instrument . Page 4 of 8 108390H 04/19 Description: Fairfield, OH Document ~ Year.DocId 2021.34142 Page: 4 of 10 Order: 1 Comment:Documents provided by DataTree LLC via its proprietary imaging and delwery system, Copytight 2003, All ights reserved ACKNOWLEDGMENT Stateof_Oliip § mae § County of Forfidd § ‘The foregoing instrument was acknowledged before me this 18 4 of Oofoler. ; JQ. by MARSHA A. PALMER AND TIMOTHY C. PALMER. Signature of Person Taki VERonwIGA LAL‘ Printed Name Nora PvaLic. — Title or Rank My Commission Expires: 5-4-3" Veronica Lanning NOTARY PUBLIC STATE OF OHIO My Commission Expires 04, 2025 MERS Phone: 1-888-679-6377 i il jie Mae Uniform Instrument ‘Loan Modification Agreement—Single Family—Fannie Mac Page ire 108390H 04/19 Description: Fairfield,OH Document ~ Year.DocId 2021.34142 Page: 5 of 10 Order: 1 Comment:Documents provided by DataTree'LL.C via its proprietary imaging and delivery system, Copyright 2003, All ights reserved. ACCEPTED AND AGREED TO BY THE OWNER AND HOLDER OF SAID NOTE . PennyMac Loan Services, LLC "Mortgage Electronic Registration Systems, Inc. (Seal) yl -MERS Fi Lihda’Golden " irst Vice Presi By: _ Ves i By: resident . Mortgage Electronic Registration System, Inc., as uGY 1 { 2021 nominee for PennyMac Loan Services, LLC, its successors and assigns Date of Lender’s Signature ACKNOWLEDGMENT SEE ATTACHED ’| A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of, § § County of. § On : before me, : , Notary Public personally appeared who proved to me on the basis of satisfactory evidence to —____._______ be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity on behalf of the corporation, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the-instrument. . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Printed Name (Seal) : My Commission Expires: MERS Phone: 1-888-679-6377 Loan Modification Agreement—Single Family—Fannie Mae Uniform Instrument Page 6 of 8 uo . 108390H 04/19 Description: Fairfield,OH Document - Year.DocId 2021.34142 Page: 6 of 10 Order: 1 Comment: -‘Documents provided by DataTiee LLC va it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or idity of that document. : State of California County of Ventura . ) on 11/11/2021 before me, Frank Michael Hoff, Notary Public (insert name and title of the officer) personally appeared Linda Golden who proved to.me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . FRANK MICHAEL HOFF f LE = Notary Public - California Z Z Ventura County Commission #2274472 or 2" My Comm. Expires Jan 21, 2023 Signature ZL (Seal) Description: Fairfield,OH Document - Year.DocId 2021.34142 Page: 7 of 10 Order: 1 Comment:Documents provided by DataTree LLC via ls proprietary Imaging and dellvery system, Copyright 2003, All ights reserved. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura on 11/11/2021 before me, Rocio T. Hernandez, Notary Public (insert name and title of the officer) personally appeared _Linda Golden : who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . ROCIO T. HERNANDEZ 3} COMM.# 2262841 9 VENTURA COUNTY ' Comm, Expires Mat. 25,2023 Signature Description: Fairfield,OH Document - Year.DocId 2021.34142 Page: 8 of 10 Order: 1 Comment:Documents provided by DataTree LLC via i's proprietary imaging and deinvery system, Copyright 2003, Al ights reserved. —_____________[Space Below This Line For Prepared by Information] —————_—— This instrument was prepared by: Jay Botello 6101 Condor Drive, Suite 200 Moorpark, CA 93021 Jay Botello Printed Name of Preparer Signature of Preparer MERS Phone: 1-888-679-6377. Loan Modification Agreement—Single Family—Fannie Mae Uniform Instrument Page 7 0f8 108390H 04/19 Description: Fairfield, OH Document ~ Year.DocId 2021.34142 Page: 9 of 10 Order: 1 Comment: ————Documents provided by DataTree LLC via its proprietary Imaging and delvery system Copyright 2003, All rights reserved. EXHIBIT A BORROWER(S): MARSHA A. PALMER AND TIMOTHY C. PALMER LOAN NUMBER LEGAL DESCRIPTION: STATE OF OHIO, COUNTY OF FAIRFIELD, AND DESCRIBED AS FOLLOWS: THE FOLLOWING DESCRIBED PROPERTY SITUATE IN THE COUNTY OF FAIRFIELD, STATE OF OHIO: BEING LOT NUMBER ONE (1) AND TWO (2) IN JACOB ERNSTS SECOND ADDITION TO THE VILLAGE OF STOUTSVILLE, OHIO FOR A MORE COMPLETE DESCRIPTION AND DIMENSIONS OF SAID LOT, REFERENCE MAY BE HAD TO THE PLAT OF SAID ADDITION ON RECORD IN THE RECORDERS OFFICE OF FAIRFIELD COUNTY, OHIO IN PLAT BOOK NO. 3, PAGE 2. BEING THE SAME PROPERTY AS CONVEYED FROM MICHELE R. HOFFMAN, UNMARRIED TO MARSHA A. PALMER AND TIMOTHY C. PALMER, FOR THEIR JOINT LIVES, REMAINDER TO THE SURVIVOR OF THEM AS SET FORTH IN DEED BOOK 1781 PAGE 2791 DATED 12/11/2018, RECORDED 12/13/2018, FAIRFIELD COUNTY, OHIO. Parcel ID No.: 0120106700 ALSO KNOWN AS: 9134 MAPLE STREET SOUTH WEST, STOUTSVILLE, OH 43154 MERS Phone: 1-888-679-6377 ‘Loan Modification Agreement—Single Family—Fannie Mae Uniform Instrument wale =~ Page 8 of 8 108390H 04/19 Description: Fairfield,OH Document - Year.DocId 2021.34142 Page: 10 of 10 Order: 1 Comment:Documents provided by DataTree LLC. via i's proprietary imaging and delNery system. Copyright 2003, Al rights reserved. OR BK 1781.FG 2793 EXHIBIT C Ff 890p22786 FAIRFIELD COUNTY» ‘by GENE HOOD, COUNTY 1215-2018 ao Het OR Book 1781 pase. 2793 - 2811 Return To: SAAD & SAAD LLP STAR TITLE AGENCY LLC 500S FRONT ST STE 250 COLUMBUS, OH 43215 [Space Above-This Line For Recording Data] MORTGAGE MIN DEFINITIONS . Words used in multiple 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 usage of words used in-this document are also provided in Section 16. (A) "Security Instrument" means this documenit, which is dated December 12, 2018 together with all Riders to this document. (B) "Borrower" is MARSHA A. PALMER AND TIMOTHY C. PALMER, WIFE AND HUSBAND Borrower is the mortgagor under this Security Instrument. (C) "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 under 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, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is LOAN ONE, A DIVISION OF THE UNION BANK COMPANY: OHIO-Single Family-Fannie ‘Mae/Freddie Mac 4 PRP. “UNIFORM INSTRUMENT WITH MERS : Form 3036 1/01 VMP ® T: P. ‘VMP6A(OH) (1302).00 Wolters Kluwer Financial Services . Page 1 of 18 Description: Fairfield,OH Document - Year.DocId 2018.22796 Page: 1 of 19 Order: 1 Comment:Documents provided by DataTree LLC via its proprietary inaging and deltery system. Copyright 2003, All ights ceserved. OR BK 1731 FG 2794 Lender isa CORPORATION . organized and existing under the laws of THE STATE OF OHIO Lender's address is 461 BEECHER ROAD GAHANNA, OHIO 43230 (E) "Note" means the promissory note signed by Borrower and dated December 12, 2018 The Note states that Borrower owes Lender. One Hundred Eleven Thousand, Five Hundred Fifteen and No/100—--------——---s-------s0nsnemmeneeaterererenaennensaramcantenensnencacenmecaverenemnnes — Dollars US. $ 111,515.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2049 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and 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]: Adjustable Rate Rider [~] Condominium Rider [[] Second Hore Rider Balloon Rider Planned Unit Development Rider |__| 1-4 Family Rider VA Rider Biweekly Payment Rider |_J Other(s) [specify] (1) "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. . (L) "Escrow Items" means those items that are described in Section 3. (M) "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; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. OHIO-Single Family-Fannie Mae/Freddie Mac UW . P. UNIFORM INSTRUMENT WITH MERS Form 3036 1/01 VMP ® Tp ‘VMP6A(OH) (1302).00 Wolters Kluwer Financial Services . Page 2 of 18 Description: Fairfield,OH Document - Year.DocId 2018.22796 Page: 2 of 19 Order: 1 Comment:Documents provided by DataTiee LLC va its proprietary imaging and delivery system. Copyright 2003, All ights reserved. OR BK 1781 FG 2795 (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "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. Section 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or 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. (Q) "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 sectires 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 does 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 in the COUNTY of FAIRFIELD [Type of Recording Jurisdiction} [Name of Recording Jurisdiction] SEE ATTACHED EXHIBIT "A" Parcel ID. Number: 0120106700 AND 0120106800 which currently has the address of 9134 MAPLE ST SW | _ [Street] STOUTSVILLE [City], Ohio 43154 [Zip Code] ("Property Address"): OHIO-Single Family-Fannie Mae/Freddie Mac VA . ° ‘ UNIFORM INSTRUMENT WITH MERS Form 3036 1/01 VMP © VMP6A(OH) (1302).00 Wolters Kluwer Financial Services 4 Page 3 of 18 Description: Fairfield,OH Document - Year.DocId 2018.22796 Page: 3 of 19 Order: 1 Comment:Documents provided by DataTree LLC va its proprietary imaging and delNery system. Copyright 2003, All ights reserved. OR BK 1731 FG 27964 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter 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 property, UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1, Payment of Principal,’ Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower 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 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 payment under the Note or this Security Instrument is retuned 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, 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 15. Lender may return 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 to 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 return 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, OHIO-Single Family-Fannie Mae/Freddie Mac WA ‘ Pr. UNIFORM INSTRUMENT WITH MERS —_— Form 3036 1/01 VMP ® / . p. ‘VMP6A(OH) (1302).00 Wolters Kluwer Financial Services Page 4 of 18 Description: Fairfield,OH Document - Year.DocId 2018.22796 Page: 4 of 19 Order: 1 Comment :Documents provided by DataTree LLC via i's proprietary imaging and delivery system, Copyright 2003, All1ights reserved OR BK 1781 FG 2797 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in 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, until 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) leasehold 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, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the. provisions of Section 10. These items are called "Escrow Items." At origination or 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 all 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 this Security 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 due 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 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can OHIO-Single Family-Fannie Mae/Freddie Mac A ‘ ‘ UNIFORM INSTRUMENT WITH MERS Form 3036 1/01 vMP ® —T P. VMP6A(OH) (1302).00 Wolters Kluwer Financial Services / ‘ . Page 5 of 18 Description: Fairfield,OH Document - Year.DocId 2018.22796 Page: 5 of 19 Order: 1 Comment:Documents provided by DataTree LLC via t's proprietary imaging and delivery system, Copyright 2003, All ights reserved. OR BK 1781 FG 2795 require under 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 Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the 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 amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If 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 shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the 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