Preview
APPENDIX 1 ERIE COUNTY COMMON PLEAS COURT CASE DESIGNATION FORM
PL. Other - Case No: 20 -CV-
W.C. Appr. - Date:
ACTION: Amount: Req. VTT Waived VTT
(1) Tort-Motor Vehicle Accidents (3) ( ) Workers Compensation (6) Real Property
) Rear end (_ ) Landlord-Tenant
) Intersection (4) ( ) Cognovit Notes (_ ) Condition of Premises
) Centerline ( ) Sales
) Driver v. Driver (5) ( ) Contract (_ ) Building Contract
) Passenger v. Driver (_ ) Personal Property ( ) Quiet Title
) Pedestrian (_ ) Insurance
( ) Other ( ) Other ( Adverse Possession
( Foreclosure
( ) Other
(2) Product Liability
( ) Warranty (7)(_ ) Appeals from
(_ ) Negligence Administrative Agencies
(_ ) Strict Liability (_) Jury Demand (8) (_ ) Other - (specify)
(J) Non Jury
RE-FILE OF CASE NO. 20 -CV-
COMPANION CASE TO CASE NO.
CIVISTA BANK
Plaintiff
vs
LAURA ANNE MCGOWN
Defendants
Terminated by:
5) Jury Trial 9) Dism. Want of Prosc.
6) Court Trial 10) Default (incl. cognovits)
7) Pretrial 11) Arbitration
8) Dismissal 14) Trans. to other Court
8a) Settlement 15) Bankruptcy stay &
Interlocutory appeal
E-PILED AND/OR JOURNALIZED
COMMON PLEAS COURT, ERIE COUNTY, OHIO
Nov 20 2023 02:52 PM
LUVADA S.WILSON
CLERK OF COURTS
IN THE ERIE COUNTY, OHIO COURT OF COMMON PLEA:
2023 CV 0443
CIVIL DIVISION
Binette, Roger E
CIVISTA BANK
100 EAST WATER STREET Case No.
SANDUSKY, OHIO 44870
Plaintiff, Judge
Vv.
LAURA ANNE MCGOWN
1810 BUCHANAN STREET
SANDUSKY, OHIO 44870
AND COMPLAINT _ FOR FORECLOSURE
OF MORTGAGE
UNKNOWN SPOUSE OF
LAURA ANNE MCGOWN
1810 BUCHANAN STREET Parcel No. 58-02553-000
SANDUSKY, OHIO 44870
AND
UNKNOWN OCCUPANTS
1810 BUCHANAN STREET
SANDUSKY, OHIO 44870
AND
ERIE COUNTY OHIO
TREASURER
ERIE COUNTY OFFICE BUILDING
247 COLUMBUS AVE UNIT 115
SANDUSKY, OH 44870
Defendants.
1 Plaintiff Civista Bank (“Plaintiff”) is an Ohio Corporation with a principal place of
business located in Erie County at 100 E. Water Street, Sandusky, OH 44870-2425.
2. Jurisdiction and Venue are proper in this Court because this is a foreclosure action
and the real property to which this Complaint relates is located within Erie County, Ohio.
-1-
3 On or about August 9, 2022, Laura Anne McGown (“Borrower”) executed and
delivered to Plaintiff a certain Nove, in writing (the “Note”), evidencing a loan from Plaintiff to
Borrower in the original principal amount of One Hundred Eighteen Thousand Five Hundred Fifty
Seven Dollars and Zero Cents ($118,557.00). A true and accurate copy of the Note is attached
hereto and incorporated herein as “Exhibit A.”
4 To secure the Note, the Borrower, being unmarried, executed and delivered to
Plaintiff a certain Mortgage, dated August 9, 2022, recorded on August 9, 2022, in the Erie County
Ohio Recorder’s Office, as RN 202207636 (the “Mortgage”), a true and accurate copy of which is
attached hereto and incorporated herein as “Exhibit B,” thereby conveying to Plaintiff a first and
best lien against the real property commonly known as 1810 Buchanan Street, Sandusky, Ohio
44870, more fully and accurately described therein (“Premises”).
5 The Borrower has failed to comply with the obligations contained in the above-
referenced Note and Mortgage, which are therefore in default, the defaults specifically including
failure to make timely payments when due, and Plaintiff has exercised its option to accelerate the
Note, declaring the entire amounts of indebtedness evidenced and secured thereby, immediately
due and payable.
6 By virtue of the default by the Borrower in the terms of the Note, the conditions of
Mortgage have been broken, the Mortgage has become absolute and Plaintiff, having fulfilled all
applicable conditions precedent, is entitled to have the Mortgage foreclosed, and equity of
redemption of all defendants forever cut off and barred, the Premises sold, and the proceeds
therefrom applied in payment of Plaintiff's claims.
7 The amount owing to Plaintiff on the Note and Mortgage as of November 1, 2023,
was a balance of One Hundred Twenty Thousand One Hundred Twenty Three Dollars and Seventy
-2-
Five Cents ($120,123.75) together with interest thereafter, at the rate as specified in the Note, that
rate presently being 5.875% per annum, plus late charges, expenses, and such other amounts as
due under the Note and Mortgage including those amounts advanced by Plaintiff for the protection
and preservation of the Premises.
8 The above-referenced Mortgage secured the indebtedness of the Note and conveyed
a first and best priority interest to Plaintiff in the above-referenced Premises, subject only to taxes
due to the county treasurer.
9 Plaintiff is the holder of the original Note and Mortgage, and there have been no
assignments of said documents.
10. Pursuant to the covenants and conditions of the Mortgage, Plaintiff may, from time
to time prior to or during the pendency of this action, advance funds to pay real estate taxes, hazard
insurance premiums and/or property protection, which amounts constitute a good, valid, and
subsisting lien with the same priority as the Mortgage.
11. The defendants named herein have, or may claim to have, an interest in the
Premises. A copy of a preliminary judicial title report is attached hereto as “Exhibit C,” which
demonstrates that all necessary parties have been named as defendants.
12. The Unknown Spouse and/or Unknown Occupants may claim an interest in the
Premises.
13. Defendant Treasurer of Erie County, Ohio, may have an interest in the Premises by
virtue of unpaid real estate taxes and assessments, if any.
-3-
WHEREFORE, Plaintiff Civista Bank respectfully requests that as a result of the defaults
identified herein, judgment in its favor on the Note and Mortgage such that Plaintiff's Mortgage
be foreclosed on the Premises, and except for real estate taxes that all defendants be required to
set forth their claims or be forever barred therefrom; that the equity of redemption of all defendants
be foreclosed; that the liens on the Premises be marshaled; that the Premises be sold as upon
execution, free and clear of all liens, claims and interests of the parties; that proceeds of sale be
applied in first priority to the judgment of the Plaintiff; and for such other relief in law or equity
as the Court may deem proper.
Respectfully submitted,
/s/ Jeffrey J. Madison
JEFFREY J. MADISON, ESQ. (0080590)
PARK STREET LAW GROUP, LLC
612 PARK ST., SUITE 300
COLUMBUS, OHIO 43215
JMADISON@PARKSTREETLG.COM
(TEL) 614-569-4951
(FAX) 614- 358-8488
Attorneys for Plaintiff Civista Bank
-4-
LOAN im
NOTE
August 9, 2022 Sandusky, Ohio
[Date] [city] [State]
1810 Buchanan St, Sandusky, OH 44870
[Property Address]
41 BORROWER’S PROMISE TO PAY
In return for a loan that | have received, | promise to pay U.S. $118,557.00 {this amount is called “Principal”),
plus interest, to the order of the Lender. The Lender is Civista Bank, an Ohio Corporation.
| will make all payments under this Note in the form of cash, check or money order.
| 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. | will pay interest at a
yearly rate of 5.875 %.
The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
| will pay principal and interest by making a payment every month.
| will make my monthly payment on the 1st day of each month beginning on October 1, 2022.
| will make these payments every month until | have paid all of the principal and interest and any other charges described
below that | 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 September 1, 2052, | still owe amounts under this Note, | will
pay those amounts in full on that date, which is called the “Maturity Date.”
| will make my monthly payments at P.O. Box 5016
Sandusky, OH 44871
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. $701.31.
BORROWER’S RIGHT TO PREPAY
| have 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 | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate
a payment as a Prepayment if | have not made all the monthly payments due under the Note.
| 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 uniess the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so 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;
Initials:
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EXHIBIT A
LOAN #: a
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 | 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 FAILURE TO PAY AS REQUIRED
{A) Late Charge for Overdue Payments
lf the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. | 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
If | am in default, the Note Holder may send me a written notice telling me that if | 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 | 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 in full as described
above, the Note Holder will still have the right to do so if | 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 | 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 | am given a notice
of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS 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.
9. WAIVERS
| 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 | may be required to
make immediate payment in full of al! amounts | 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 from the date the notice is given in accordance with Section 15 within;
Initials:
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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.
WL ”
““EAURA ANNE MCGOWN
Lf
“
40 We, wD (Seal)
Lender: Civista Bank
NMLS ID: 412766
Loan Originator: Jennifer L Torres
NMLS ID: 1915202
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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[Sign
Form 3200 1/01
SeOriginal,
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RN: 202207636 Page 1 of 12
Erie County Recorder BARBARA A. SESSLI
Recording Fee: $114.00 Recorded 08/09/2022 03:34:50 F
When recorded, return to:
Civista Bank
ATTN: Mortgage Department
303 Howard Drive
‘Sandusky, OH 44870
a [Space Above This Line For Recording Data]
MORTGAGE
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 document. which is dated August 9, 2022,
together with all Riders to this document.
{B) “Borrower” is LAURA ANNE MCGOWN, UNMARRIED.
Borrower is the mortgagor under this Security Instrument.
(C) “Lender” is Civista Bank.
Lenderis an Ohio Corporation, organized and
existing under the laws of Ohio.
Lender's address is 100 E. Water Street, Sandusky,OH 44870
Lender is the mortgagee under this Security Instrument.
(0) “Note” means the promissory note signed by Borrower and dated August 9, 2022.
The Note states that Borrower owes Lender ONE HUNDRED EIGHTEEN THOUSAND FIVE
HUNDRED FIFTY SEVEN AND NO/100** **** #8 #0 etettaestawatenenaneeaeaeheaees
BARE ER AHHH ARATE REAR AEH AAR A EE Dollars (U.S. $118,557.00 }
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in full not later than September 1, 2052.
© wproperty" means the property that is described below under the heading “Transfer of Rights in the
(F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and iate
charges due under the Note, and all sums due under this Security Instrument, plus int
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LOAN
(G) “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):
C) Adjustable Rate Rider Condominium Rider [ Second Home Rider
Balloon Rider CJ Planned Unit Development Rider O other(s) [specify]
1-4 Family Rider C) Biweekly Payment Rider
C) VA. Rider
(H) “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-appealabie judicial opinions.
() “Community Association Dues, Fees, and Assessments” means ail dues, fees, assessments
and other charges that are imposed on Borrower or the Property by 2 condominium association,
homeowners association or similar organization.
(J) “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 creditan
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
(K) “Escrow Items” means those items that are described in Section 3.
(L) “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; (li) 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.
(M) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default
‘on, the Loan.
(N) “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.
(O) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §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.
(P) “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 securesto 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
Lender the following described property located in the County
‘of Recording Jurisdiction] of E [Name of Recording Jurisdiction}:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A".
APN #: 58-02553-000
which currently has the address of 1810 Buchanan St, Sandusky,
[Street] [City]
Ohio 44870 (“Property Address’):
[Zip Code}
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 rep!
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Exhibit A
Situated in the City of Sandusky, County of Erie and State of Ohio:
Being Lot Number Sixty-Six (66) on Buchanan Street in the Riedel-Stahl Subdivision in the City of.
Sandusky, Erie County Ohio as per plat recorded in Volume 13 of Plats, Page 43. Erie County Ohio
Records.
202207636 Page 4 of 12
LOAN #:
additions shall also be covered by this Security Instrument. All of the foregoing is referred to 1
Security Instrument as the “Property.”
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 shail 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 Londer as payment under the
Note or this Security instrument is returned to Lender unpaid, Lender may require that any or all
subsequent payments due under the Note and this Security Instrument be made in one or more of the
following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by 2 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 retum any payment or partial payment if the payment or partial payments are
insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient
to bring the Loan current, without waiver of any rights hereunder or prejudice 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.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
yments 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 payrnent may be applied to the delinquent payment and
the late charge. if more than one Periodic Payments outstanding, Lender may apply any payment received
from Borrower to the repaymentof 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 maybe 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
asa 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 otigination 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 shalll 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, shail furnish to Lender receipts evidencing such payment wit! “eR fine
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period as Lender may require. Borrower's obligation to make such payments and ‘o provide
#:
shail 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 anyor 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 excead the maximum amount a lender can
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 shal! apply the Funds to pay the Escrow Items no Jater 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 Lenderto 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 shail 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 shail notify Borrower as required by RESPA, end 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
in Section 3.
Borrower shail promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien
in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's
opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any
part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may
give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term “extended coverage,” and
any other hazards including, but not limited to, earthquakes and floods, for which Lender requires
insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the
periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge for flood zone determination, certification and tracking services; or (b) a one-time charge for
flood zone determination and certification services and subsequent charges each lime remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shali
also be responsible for the payment of any fees imposed by the Federal Emergency Managementagency
in connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly e) A the cost
Initials:
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LOAN #:
of insurance that Bortower could have obtained. Any amounts disbursed by Lender under this
5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause. and shall name Lender as.
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and
renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender’s satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment orin a series
of payments as the work is completed. Uniess an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower
shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration
or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall
be applied to the sums secured by this Security Instrument, whetheror not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle eny available insurance
claim and related matters, If Borrower does not respond within 30 days to a notice trom Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-
day period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,
and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid
by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable
to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date cf occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whetheror not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Uniess it is determined pursuant
to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsibie for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work
is completed. Ifthe insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvem
Preview
APPENDIX 1 ERIE COUNTY COMMON PLEAS COURT CASE DESIGNATION FORM PL. Other - Case No: 20 -CV- W.C. Appr. - Date: ACTION: Amount: Req. VTT Waived VTT (1) Tort-Motor Vehicle Accidents (3) ( ) Workers Compensation (6) Real Property ) Rear end (_ ) Landlord-Tenant ) Intersection (4) ( ) Cognovit Notes (_ ) Condition of Premises ) Centerline ( ) Sales ) Driver v. Driver (5) ( ) Contract (_ ) Building Contract ) Passenger v. Driver (_ ) Personal Property ( ) Quiet Title ) Pedestrian (_ ) Insurance ( ) Other ( ) Other ( Adverse Possession ( Foreclosure ( ) Other (2) Product Liability ( ) Warranty (7)(_ ) Appeals from (_ ) Negligence Administrative Agencies (_ ) Strict Liability (_) Jury Demand (8) (_ ) Other - (specify) (J) Non Jury RE-FILE OF CASE NO. 20 -CV- COMPANION CASE TO CASE NO. CIVISTA BANK Plaintiff vs LAURA ANNE MCGOWN Defendants Terminated by: 5) Jury Trial 9) Dism. Want of Prosc. 6) Court Trial 10) Default (incl. cognovits) 7) Pretrial 11) Arbitration 8) Dismissal 14) Trans. to other Court 8a) Settlement 15) Bankruptcy stay & Interlocutory appeal E-PILED AND/OR JOURNALIZED COMMON PLEAS COURT, ERIE COUNTY, OHIO Nov 20 2023 02:52 PM LUVADA S.WILSON CLERK OF COURTS IN THE ERIE COUNTY, OHIO COURT OF COMMON PLEA: 2023 CV 0443 CIVIL DIVISION Binette, Roger E CIVISTA BANK 100 EAST WATER STREET Case No. SANDUSKY, OHIO 44870 Plaintiff, Judge Vv. LAURA ANNE MCGOWN 1810 BUCHANAN STREET SANDUSKY, OHIO 44870 AND COMPLAINT _ FOR FORECLOSURE OF MORTGAGE UNKNOWN SPOUSE OF LAURA ANNE MCGOWN 1810 BUCHANAN STREET Parcel No. 58-02553-000 SANDUSKY, OHIO 44870 AND UNKNOWN OCCUPANTS 1810 BUCHANAN STREET SANDUSKY, OHIO 44870 AND ERIE COUNTY OHIO TREASURER ERIE COUNTY OFFICE BUILDING 247 COLUMBUS AVE UNIT 115 SANDUSKY, OH 44870 Defendants. 1 Plaintiff Civista Bank (“Plaintiff”) is an Ohio Corporation with a principal place of business located in Erie County at 100 E. Water Street, Sandusky, OH 44870-2425. 2. Jurisdiction and Venue are proper in this Court because this is a foreclosure action and the real property to which this Complaint relates is located within Erie County, Ohio. -1- 3 On or about August 9, 2022, Laura Anne McGown (“Borrower”) executed and delivered to Plaintiff a certain Nove, in writing (the “Note”), evidencing a loan from Plaintiff to Borrower in the original principal amount of One Hundred Eighteen Thousand Five Hundred Fifty Seven Dollars and Zero Cents ($118,557.00). A true and accurate copy of the Note is attached hereto and incorporated herein as “Exhibit A.” 4 To secure the Note, the Borrower, being unmarried, executed and delivered to Plaintiff a certain Mortgage, dated August 9, 2022, recorded on August 9, 2022, in the Erie County Ohio Recorder’s Office, as RN 202207636 (the “Mortgage”), a true and accurate copy of which is attached hereto and incorporated herein as “Exhibit B,” thereby conveying to Plaintiff a first and best lien against the real property commonly known as 1810 Buchanan Street, Sandusky, Ohio 44870, more fully and accurately described therein (“Premises”). 5 The Borrower has failed to comply with the obligations contained in the above- referenced Note and Mortgage, which are therefore in default, the defaults specifically including failure to make timely payments when due, and Plaintiff has exercised its option to accelerate the Note, declaring the entire amounts of indebtedness evidenced and secured thereby, immediately due and payable. 6 By virtue of the default by the Borrower in the terms of the Note, the conditions of Mortgage have been broken, the Mortgage has become absolute and Plaintiff, having fulfilled all applicable conditions precedent, is entitled to have the Mortgage foreclosed, and equity of redemption of all defendants forever cut off and barred, the Premises sold, and the proceeds therefrom applied in payment of Plaintiff's claims. 7 The amount owing to Plaintiff on the Note and Mortgage as of November 1, 2023, was a balance of One Hundred Twenty Thousand One Hundred Twenty Three Dollars and Seventy -2- Five Cents ($120,123.75) together with interest thereafter, at the rate as specified in the Note, that rate presently being 5.875% per annum, plus late charges, expenses, and such other amounts as due under the Note and Mortgage including those amounts advanced by Plaintiff for the protection and preservation of the Premises. 8 The above-referenced Mortgage secured the indebtedness of the Note and conveyed a first and best priority interest to Plaintiff in the above-referenced Premises, subject only to taxes due to the county treasurer. 9 Plaintiff is the holder of the original Note and Mortgage, and there have been no assignments of said documents. 10. Pursuant to the covenants and conditions of the Mortgage, Plaintiff may, from time to time prior to or during the pendency of this action, advance funds to pay real estate taxes, hazard insurance premiums and/or property protection, which amounts constitute a good, valid, and subsisting lien with the same priority as the Mortgage. 11. The defendants named herein have, or may claim to have, an interest in the Premises. A copy of a preliminary judicial title report is attached hereto as “Exhibit C,” which demonstrates that all necessary parties have been named as defendants. 12. The Unknown Spouse and/or Unknown Occupants may claim an interest in the Premises. 13. Defendant Treasurer of Erie County, Ohio, may have an interest in the Premises by virtue of unpaid real estate taxes and assessments, if any. -3- WHEREFORE, Plaintiff Civista Bank respectfully requests that as a result of the defaults identified herein, judgment in its favor on the Note and Mortgage such that Plaintiff's Mortgage be foreclosed on the Premises, and except for real estate taxes that all defendants be required to set forth their claims or be forever barred therefrom; that the equity of redemption of all defendants be foreclosed; that the liens on the Premises be marshaled; that the Premises be sold as upon execution, free and clear of all liens, claims and interests of the parties; that proceeds of sale be applied in first priority to the judgment of the Plaintiff; and for such other relief in law or equity as the Court may deem proper. Respectfully submitted, /s/ Jeffrey J. Madison JEFFREY J. MADISON, ESQ. (0080590) PARK STREET LAW GROUP, LLC 612 PARK ST., SUITE 300 COLUMBUS, OHIO 43215 JMADISON@PARKSTREETLG.COM (TEL) 614-569-4951 (FAX) 614- 358-8488 Attorneys for Plaintiff Civista Bank -4- LOAN im NOTE August 9, 2022 Sandusky, Ohio [Date] [city] [State] 1810 Buchanan St, Sandusky, OH 44870 [Property Address] 41 BORROWER’S PROMISE TO PAY In return for a loan that | have received, | promise to pay U.S. $118,557.00 {this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is Civista Bank, an Ohio Corporation. | will make all payments under this Note in the form of cash, check or money order. | 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. | will pay interest at a yearly rate of 5.875 %. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments | will pay principal and interest by making a payment every month. | will make my monthly payment on the 1st day of each month beginning on October 1, 2022. | will make these payments every month until | have paid all of the principal and interest and any other charges described below that | 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 September 1, 2052, | still owe amounts under this Note, | will pay those amounts in full on that date, which is called the “Maturity Date.” | will make my monthly payments at P.O. Box 5016 Sandusky, OH 44871 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. $701.31. BORROWER’S RIGHT TO PREPAY | have 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 | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. | 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 uniess the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so 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; Initials: MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 ICE Mortgage Technology, Inc. Page 1 of 3 F3200NOT 0107 F3200NOT (CLS) 08/09/2022 08:25 AM PST EXHIBIT A LOAN #: a 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 | 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 FAILURE TO PAY AS REQUIRED {A) Late Charge for Overdue Payments lf the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. | 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 If | am in default, the Note Holder may send me a written notice telling me that if | 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 | 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 in full as described above, the Note Holder will still have the right to do so if | 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 | 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 | am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS 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. 9. WAIVERS | 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 | may be required to make immediate payment in full of al! amounts | 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 from the date the notice is given in accordance with Section 15 within; Initials: MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 ICE Mortgage Technology, Inc. Page 2 of 3 F3200NOT 0107 F3200NOT (CLS) 08/09/2022 08:25 AM PST LOAN +: 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. WL ” ““EAURA ANNE MCGOWN Lf “ 40 We, wD (Seal) Lender: Civista Bank NMLS ID: 412766 Loan Originator: Jennifer L Torres NMLS ID: 1915202 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ICE Mortgage Technology, Inc. Page 3 of 3 [Sign Form 3200 1/01 SeOriginal, Initials: F3200NOT 0107 F3200NOT (CLS) 08/09/2022 08:25 AM PST RN: 202207636 Page 1 of 12 Erie County Recorder BARBARA A. SESSLI Recording Fee: $114.00 Recorded 08/09/2022 03:34:50 F When recorded, return to: Civista Bank ATTN: Mortgage Department 303 Howard Drive ‘Sandusky, OH 44870 a [Space Above This Line For Recording Data] MORTGAGE 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 document. which is dated August 9, 2022, together with all Riders to this document. {B) “Borrower” is LAURA ANNE MCGOWN, UNMARRIED. Borrower is the mortgagor under this Security Instrument. (C) “Lender” is Civista Bank. Lenderis an Ohio Corporation, organized and existing under the laws of Ohio. Lender's address is 100 E. Water Street, Sandusky,OH 44870 Lender is the mortgagee under this Security Instrument. (0) “Note” means the promissory note signed by Borrower and dated August 9, 2022. The Note states that Borrower owes Lender ONE HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED FIFTY SEVEN AND NO/100** **** #8 #0 etettaestawatenenaneeaeaeheaees BARE ER AHHH ARATE REAR AEH AAR A EE Dollars (U.S. $118,557.00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2052. © wproperty" means the property that is described below under the heading “Transfer of Rights in the (F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and iate charges due under the Note, and all sums due under this Security Instrument, plus int Initials: OHIO--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/01 ICE Mortgage Technology, Inc. Page 1 of 11 OHUDEED 0315 CHUDEED (CLS) 0809/2022 08:25 AM PST EXHIBIT B 202207636 Page 2 of 12 LOAN (G) “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): C) Adjustable Rate Rider Condominium Rider [ Second Home Rider Balloon Rider CJ Planned Unit Development Rider O other(s) [specify] 1-4 Family Rider C) Biweekly Payment Rider C) VA. Rider (H) “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-appealabie judicial opinions. () “Community Association Dues, Fees, and Assessments” means ail dues, fees, assessments and other charges that are imposed on Borrower or the Property by 2 condominium association, homeowners association or similar organization. (J) “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 creditan 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 (K) “Escrow Items” means those items that are described in Section 3. (L) “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; (li) 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. (M) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default ‘on, the Loan. (N) “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. (O) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §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. (P) “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 securesto 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 Lender the following described property located in the County ‘of Recording Jurisdiction] of E [Name of Recording Jurisdiction}: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS “EXHIBIT A". APN #: 58-02553-000 which currently has the address of 1810 Buchanan St, Sandusky, [Street] [City] Ohio 44870 (“Property Address’): [Zip Code} 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 rep! Initial: ‘OHIO--Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/01 ICE Mortgage Technology, ine. Page 2 of 11 OHUDEED 0315 QHUDEED (CLS) 08/09/2022 08:25 AM PST 202207636 Page 3 of 12 Exhibit A Situated in the City of Sandusky, County of Erie and State of Ohio: Being Lot Number Sixty-Six (66) on Buchanan Street in the Riedel-Stahl Subdivision in the City of. Sandusky, Erie County Ohio as per plat recorded in Volume 13 of Plats, Page 43. Erie County Ohio Records. 202207636 Page 4 of 12 LOAN #: additions shall also be covered by this Security Instrument. All of the foregoing is referred to 1 Security Instrument as the “Property.” 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 shail 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 Londer as payment under the Note or this Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by 2 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 retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice 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. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all yments 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 payrnent may be applied to the delinquent payment and the late charge. if more than one Periodic Payments outstanding, Lender may apply any payment received from Borrower to the repaymentof 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 maybe 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 asa 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 otigination 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 shalll 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, shail furnish to Lender receipts evidencing such payment wit! “eR fine Initials: ‘OHIO--Singie Famiy--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 41 ICE Mortgage Technology, tne. Page 3 of 11 OHUDEED 0315 OHUDEED (CLS) 08/09/2022 08:25 AM PST 202207636 Page 5 of 12 period as Lender may require. Borrower's obligation to make such payments and ‘o provide #: shail 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 anyor 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 excead the maximum amount a lender can 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 shal! apply the Funds to pay the Escrow Items no Jater 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 Lenderto 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 shail 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 shail notify Borrower as required by RESPA, end 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 in Section 3. Borrower shail promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each lime remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shali also be responsible for the payment of any fees imposed by the Federal Emergency Managementagency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly e) A the cost Initials: ‘OHIO--Single Family-Fannte Mae/Freddie Mac UNIFORM INSTRUMENT Form 3036 1/01 ICE Mortgage Technology, Inc. Page4 of 11 OHUDEED 0315 OHUDEED (CLS) 08/09/2022 08:25 AM PST 202207636 Page 6 of 12 LOAN #: of insurance that Bortower could have obtained. Any amounts disbursed by Lender under this 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause. and shall name Lender as. mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment orin a series of payments as the work is completed. Uniess an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whetheror not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle eny available insurance claim and related matters, If Borrower does not respond within 30 days to a notice trom Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30- day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date cf occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whetheror not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Uniess it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsibie for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Ifthe insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvem