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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
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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
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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
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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 .
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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
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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
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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)
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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
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—_____________[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
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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
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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
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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
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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
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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
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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
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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