Preview
Hearing Date: 3/18/2024 2:00 PM FILED
Location: Court Room 2809 1/12/2024 4:23 PM
J udge: Brooks, Lloyd J ames IRIS Y. MARTINEZ
CIRCUIT CLERK
IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS COOK COUNTY, IL
COUNTY DEPARTMENT - CHANCERY DIVISION 2024CH00249
Calendar, 57
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE 25959062
SERVICING,
PLAINTIFF
VS. Case No. 2024CH00249
:
Cal No.:
CHRISTOPHER S KEARNEY; MARQUETTE BANK; Property Address:
UNKNOWN OWNERS, GENERALLY AND NON- 3120 Hopkins St
RECORD CLAIMANTS. Steger, IL 60475
DEFENDANTS
COMPLAINT FOR FORECLOSURE AND OTHER RELIEF
Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing, by its attorneys, Kluever Law Group,
LLC, hereby files its Complaint against the Defendants, and states as follows:
1 Plaintiff files this Complaint to foreclose the mortgage hereinafter described and joins the following
persons as defendants:
(a) Christopher S Kearney;
(b) Marquette Bank;
(c) Unknown Owners, generally;
(@) Non-Record Claimants.
2. Plaintiff annexes the following Exhibits which are true and correct copies of the originals thereof:
(a) Exhibit “A” is the promissory note (“Note”) dated April 30, 2018, in the principal amount of
$90,700.00; and
(b) Exhibit “B” is the Mortgage (“Mortgage”) dated April 30, 2018, with Mortgage Electronic
Registration Systems, Inc., as nominee for Marquette Bank, as Mortgagee, and Christopher S Kearney
as Mortgagor, securing payment of the Note (hereinafter the “Mortgage”).
3 Information concerning the Mortgage:
(a) Nature of Instrument: Mortgage
(b) Date of Mortgage: April 30, 2018
(c) Name of Mortgagor: Christopher S Kearney
(d) Name of Mortgagee in the Mortgage: Mortgage Electronic Registration Systems, Inc.,
as nominee for Marquette Bank
(e) Date and Place of Recording: May 10, 2018, Cook County Recorder’s Office
(f) Identification of Recording: Document No. 1813046038
(g) Interest encumbered by the Mortgage: Fee Simple
SMS001019
(h) Amount of Original Indebtedness: $90,700.00
@ Legal Description of Premises:
LOTS 11 AND 12 IN BLOCK 1] IN KEENEY’S SUBDIVISION OF CHICAGO HEIGHTS, BEING
A SUBDIVISION OF THE EAST 1/2 OF THE SOUTHWEST 1/4 AND THE WEST 1/2 OF THE
SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
P.L.N. 32-33-314-035-0000; 32-33-314-036-0000
COMMON ADDRESS: 3120 Hopkins St, Steger, IL 60475
DEFAULTS
G) Statements as to Default and Amount Now Due:
Mortgagor has defaulted in the payment of principal and interest when due on August 1, 2023, and
each and every month thereafter. As a result of the foregoing defaults, Plaintiff has elected under
the terms and conditions of the Note and Mortgage to declare immediately due and payable the
entire principal balance and other sums secured by the Mortgage.
As ofJanuary 8, 2024, the following amounts were due and owing from Mortgagor(s) to Plaintiff:
Principal Balance $82,694.44
Accrued Interest $2,039.34
Late Charge Payment $132.51
Property Inspection $90.00
Funds owed by Borrower $2,232.12
Funds owed to Borrower $-18.93
Deferred Principal $566.09
Deferred Interest $1,326.43
Grand Total $89,062.00
PER DIEM INTEREST
Interest continues to accrue upon the principal amount at the default rate of $10.76 per diem after January 8,
2024.
(k) Name of present owner of the premises: Christopher S Kearney.
w) Name or names of persons, in addition to such owner or owners, but excluding any non-record
claimants as defined in the Illinois Mortgage and Foreclosure Act, as heretofore and hereafter
amended who are joined as defendants and whose equitable right to redeem is sought to be barred:
1 Marquette Bank by virtue of Junior Mortgage recorded May 10, 2018, as Document No.
1813046039 in the amount of $6,000.00 and by virtue of Junior Mortgage recorded May 10,
2018, as Document No. 1813046040 in the amount of $1,500.00;
Unknown Owners, generally;
Non-Record Claimants.
SMS001019
(m) Name of person(s) claimed to be personally liable for deficiency, unless said person(s) has/have
received a discharge of the underlying indebtedness in bankruptcy: Christopher S Kearney.
(n) Capacity in which Plaintiff brings this suit: Plaintiffis the legal holder of the indebtedness and
the entity entitled to foreclose the mortgage.
(0) Facts in support of shortened redemption period: None at this time.
(p) Plaintiff seeks inclusion in the decree of Plaintiff’s attorney’s fees and of the costs and expenses
of this action in accordance with the terms of the Note and Mortgage.
(q) Facts in support of request for attorneys’ fees and costs and expenses: Plaintiff is entitled to
recover as indebtedness secured by the Mortgage attorney’s fees, costs and other advances and
expenses as detailed in 735 ILCS 5/15-1504(d).
(1) Name or names of defendants whose right to possess the mortgaged real estate, after the
confirmation of a foreclosure sale, is sought to be terminated and, if not elsewhere stated, the facts in
support thereof: Christopher S Kearney.
WHEREFORE, Plaintiff prays for the following relief:
(a) Foreclosure of its mortgage;
(b) Judicial Sale of the subject property for payment of the lien and costs;
(c) Confirmation of sale and the issuance of a certificate of sale to the purchaser;
@ An order granting possession, if sought;
(e) A personal deficiency decree against all makers of the note, unless said person(s) has/have
received a discharge of the underlying indebtedness in bankruptcy;
() Its reasonable costs and expenses including, but not limited to, its attorney’s fees; and
(g) Such other further and equitable reliefas the Court deems just.
—
JohnpyDale Frevert Jr., Esq., ARDC # 6305960
Attorney for Plaintiff
Kluever Law Group, LLC
200 N LaSalle St Suite 1880
Chicago, IL 60601
312-236-0077
Attorney No. 38413
courtresults@klueverlawgroup.com
SMS001019
Ken reba, Christopher
*
nla ay
NOTE
April 30, 2018 Orland Park, iltinois:
{Date} [city] [State]
3120 Hopkins St, Steger, iL. 60475
[Property Address}
1 BORROWER'S PROMISE TO PAY
In return for a idan that | have received, | promise to pay U.S. $90,700.00 {this amount is calied “Principal”),
plus interest, to the prderof the Lender. The Lenderis Marquette Bank.
| will make all paympnts under this Note in the form of cash, check or money order.
{understand thdt the Lender may transfer this Note. The Lender or anyone wha takes this Note by transfer and who
is entitied to receivg payments under this Note is called the "Note Holder.”
2. INTEREST
interest will be pharged an unpaid principal until the full emount of Principai has been paid. 1 will pay interest at a
yearly rate of 4,790 %.
The interest rat¢ required by this Section 2 is the rate | will pay both before and after any defeult described in Section
€(8) of this Note,
3. PAYMENTS
EXHIBIT A
{A) Time and Hace of Payments
I wilt pay princigal and interest by making a payment every month.
will make my nthly payment or the 1st day of each month beginning on June 4, 2018,
Ewill make these payments every month until | have paid all of the principal and interest and any other charges described
below that may under this Note. Each monthly payment will be applied as of its scheduted due data and will be
applied to interest fore Principal. if, on May 1, 2048, | sti! owe amounts under this Note, | will
pay those amountsiin full on that date, which is called the “Maturity Date.”
twill make my monthly payments at 15959 1081h Ave
Orland Park, IL 60467
or at a differant plage if required by the Note Holder.
{B) Amount of Monthly Payments
My monthly payment wil be in the amount of U.S. $473.13.
4. BORROWER’ RIGHT TO PREPAY
ihave the rightfo make payments of Principal al any time before thay are due. Apaymentof Principal only is known
as a “Prepayment.” hen | make a Prepayment, f will tell the Note Holder in writing that | am doing so. i mey not designate
‘a. payment as a Prdpayment if | have not made ail the monthly payments due under the Note.
i may make a fii 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 tolthe accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to
reduce the Princip! amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in
the amount of my ehenthly payment unless the Note Holder agrees in writing tc those changes.
5. LOAN CHAR( :s
ff a faw, which ppolies to this ioan and which sets maximum joan charges, fs finally interpreted so that the interest
or other joan chargps collected or to be collected in connection with this oan exceed the permitted limits, then: (a) any
such foan charge giali be reduced by the amount necessary to reduce the charge to the permitted limit; and (>) any
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sums already colledted 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
If the Note Holder has nol receives the ful amount of any monthly payment by the end of 15 calendar
days after the date @ is due, | will pay a late charge to the Note Holder. The amount of the charge will be §.000 %
of my overdue paynjent of principal and interest. J will pay this late charge prompliy but only once on each fate payment,
(B) Default
If f do not pay full amount of each monthly payment on the date it is due, | will be in default.
(C) Notice of Gefautt
If lam in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount
by a certain date, tHe Note Holder may raquire me to pay immediately the full amount of Principal which has not been
paid and aff the int st that | owe on that amount. That date must be at least 30 days after the date on which the notice
is matied to me or delivered by other means.
(0) No Waiver| yy Note Holder
Even if, at a ti ‘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 defauil at a later time.
{E) Payment o Note Holder's Costs and Expenses:
Ifthe Note Holde has required me to pay immediately in full as described above, the Note Holder will have the right
to be paid back by for ail of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
faw. Those expen is include, for example, reasonable attorneys’ fees.
7 GIVING OF NGTICES
Unless applica le law requires a different method, any notice that musi be given to me under this Note will be given
by delivering if 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 tice 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 N¢ 6 Holder at the address stated in Section 3(A) above or at a different address if | am given a notice
of thai different addre 88,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
if more than ore person signs this Note, each person is fully and personaily obligated to keep aif of the promises.
made in this Note, iheluding the promiseto pay the full amount awed. Any person who is a guarantor, surely or endorser
of this Note is also bbligated to do these things. Any person who takes over these obligations, including the obligations
of a guarantor, suraty or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enfored its rights under this Note against each person individually or against all of us together. This means
that any one of us thay be required to pay all of the amounts owed under this Note,
9. WAIVERS
land any other} on who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” madns the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor”
means the right to ire the Nole Holder to give notica to other persons that amounts due have not been paid.
10. UNIFORM SEGURED NOTE
This Note is a dniform instrument with limited variations in some jurisdictions. in addifian 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 frem 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 aif amounts | owe under this Note. Some of these conditions are described as
follows:
If al o any{part of the Property or any Interest in the Property is sold or transferred (or if Borrower is nol @
natural person And a beneficial interestin Borrower is sokd or transferred) without Lender's prior written consent,
Lender may rehuire immediate payment in full of all sums secured by this Seourity instrument, However, this
option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law.
If Lender ekercises this option, Lender shail give Borrower nolice of acceleration. The notice shall provide
a period of notfess than 30 days from the date the notice is given in accordance with Section 15 within which
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LOAN ¢
Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the
re
expiration of thip period, Lender may invoke any remedies permitted by this Security instrurnent without further
notice or der ‘on Borrower,
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
cheromenticrne (Seal)
Lender: Marqui Bank
NMLS 1D:
Loan Originator irdre O'Sullivan
NMLS 1D: a
[Sign Original Onty}
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Effie Mae, Inc. Page 3 of 3 FS200NOT 0197
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(04/2612016 03:23 PM PST
ALLONGE TO NOTE
ON
LOAN AMOUNT $80,700.00
PROPERTY ADDRESS 3120 Hopkins St
‘Steger, IL 60475
ALLONGE TO NOTE DATED April 30, 2018
iN FAVOR OF Marquette Bank
AND EXECUTED BY Christopher 8 Kearney
PAY TO THE ORDGR OF New Penn Financial, LLC
WITHOUT RECOURSE Marquette Bank
Tit. Senter Vice President Residential Lending
Document HL44d LFFIO
Eilie Mae, Inc. GN 0103
LS)
(04/26/2018 03:23 PM PST
Allonge To Promissory Note
This Allonge is to He made a part of the Note:
Dated: April 30, 2018
Borrower(s): Kearney, Christopher S
Property Address. 3120 HOPKINS SREET
STEGER, IL 60475
Original Lender: Marquette Bank
Loan Amount: $ 90,700.00
Interest Rate: 4.750%
Without Recourse Pay To Tha Order Of:
By:
Name: id
Al s Ye
Title: Diréctor - Investor Fulfillment
Company: New Penn Financial, LLC
—
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Iling is Anti-Predatory
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Len ing Database ni ~
Program
Certificate of Exemption poct
#181304695;
128138460739
Sm
Mi ll
Fee 464.99
STI, asp FEEr$q,
+80-RPRF FEE:
SIAL Ly FARE A. vaRi BROUGH $1.99
es %,
00K COUNTY
6 RECORDER OF
DEEDS
apTE: 05? 10/2018
| 11:38 aN pg.
4 —
4 OF 14 |
— _ —_ a
% aes _
Ung
Report Mortgage Fraud
844-768-1713
The property identified as:
PIN: 32-33-314-035-0000
_ ———_
Address:
Street 3120 Hopkins St
Street line 2:
City: Steger State: tL ZIP Code: 60475
Lender: Marquette Bank
Borrower: CHRISTOPHER S KEARNEY
EXHIBIT B
Loan / Mortgage Amount: $90,700.00
This property is located within the program area and the transaction is
exempt from the requirements of 765 ILCS 77/70
et seq. because the application was taken by an exempt entity.
Covariates Execution date: 4/30/2018
©
When recorded, return to:
Marquette Bank
Attn: Post Closing
15959 108th Ave
Orland Park, IL 60467
1-888-254-9500
This instrument was prepared by:
Rose Williams
Marquette Bank
15959 108th Ave
Orland Park, IL 60467
708-873-8611
Title Order No.: mz
Loan + [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 April 30,2018, together with all
Riders to this document.
(B) “Borrower” is CHRISTOPHER S KEARNEY, SINGLE MAN.
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.
anominee for Lender and Lerider's successors and assigns. MERS is the mortgagee under this Security Instrument.
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MERS is organized and existing under the laws of Delaware, and has an address and telep! hone number of P.O. Box
2026, Flint, Mi 48501-2026, tel. (888) 679-MERS.
{D) “Lender” is Marquette Bank.
Lender is an Illinois Banking Corporation, organized and existing under the laws of
ilinois. Lender's address is 15959 108th Ave, Orland Park,
iL 60467
{E) “Note” means the promissory note signed by Borrower and dated April 30, 2018. The Note
states that Borrower owes Lender NINETY THOUSAND SEVEN HUNDRED AND NO/100****** te tet e tee eee
Sesessuteuet
ea eetaersnst
utea eeser
ueeeeet eeetere2®
ut Dollars (US, $90,700.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than May 1, 2048,
(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]:
(2 Adjustable Rate Rider {J Condominium Rider ( Second Home Rider
C1 Balloon Rider C Planned Unit Development Rider [X] Other(s) [specify]
(] 1-4 Family Rider (J Biweekly Payment Rider Fixed Interest Rate Rider
OVA. Rider
() “Applicable Law” means all controlling applicable federal, state and focal 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 Properly 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
hot 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 preceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ji) 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.
(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 Nete, plus
(i) any amounts. under Section 3 of this Security Instrument.
{P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (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.
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TRANSFER OF RIGHTS IN THE PROPERTY oo
This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the
Note. For this purpose, Borrower does hereby morigage, grant and convey te MERS (solely as nominee for Lender and
Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located
in the County [Type of Recording Jurisdiction] of Cook
[Name of Recording Jurisdiction}:
Lots 11 and 12 in Block 11 in Keeney’s Subdivision of Chicago Heights, being a subdivision of the East 1/2 of
the Southwest 1/4 and the West 1/2 of the Southeast 1/4 of Section 33, Township 35 North, Range 14, East of
the Third Principal Meridian, in Cook County, Illinois.
APN #: 32-33-314-035-0000 and 32-33-314-036-0000
which currently has the address of 3120 Hopkins St, Steger,
[Street] [City]
Ilinois 60475 (‘Property Address’):
[Zip Codes]
TOGETHER WITH ali the improvements now orhereafter erected on the property, and allgasements, 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, ifnecessary
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 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 Lender 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; (¢) 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 retum any
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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 shail relieve Borrower from making payments due under the Note and this Security instrument
or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender 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 shail 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 calted
“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. Borrowér shall prompily furnish to Lender ail 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
alt 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 shail 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 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 shail 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
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an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shail 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 i in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shel promptiy 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.
Bortower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to 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 fram 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 shail satisfy the lien or take
one or. more of the actlons set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for areal 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 time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting
from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in
the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Nate 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
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of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shail
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 jo
Preview
Hearing Date: 3/18/2024 2:00 PM FILED Location: Court Room 2809 1/12/2024 4:23 PM J udge: Brooks, Lloyd J ames IRIS Y. MARTINEZ CIRCUIT CLERK IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS COOK COUNTY, IL COUNTY DEPARTMENT - CHANCERY DIVISION 2024CH00249 Calendar, 57 NEWREZ LLC D/B/A SHELLPOINT MORTGAGE 25959062 SERVICING, PLAINTIFF VS. Case No. 2024CH00249 : Cal No.: CHRISTOPHER S KEARNEY; MARQUETTE BANK; Property Address: UNKNOWN OWNERS, GENERALLY AND NON- 3120 Hopkins St RECORD CLAIMANTS. Steger, IL 60475 DEFENDANTS COMPLAINT FOR FORECLOSURE AND OTHER RELIEF Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing, by its attorneys, Kluever Law Group, LLC, hereby files its Complaint against the Defendants, and states as follows: 1 Plaintiff files this Complaint to foreclose the mortgage hereinafter described and joins the following persons as defendants: (a) Christopher S Kearney; (b) Marquette Bank; (c) Unknown Owners, generally; (@) Non-Record Claimants. 2. Plaintiff annexes the following Exhibits which are true and correct copies of the originals thereof: (a) Exhibit “A” is the promissory note (“Note”) dated April 30, 2018, in the principal amount of $90,700.00; and (b) Exhibit “B” is the Mortgage (“Mortgage”) dated April 30, 2018, with Mortgage Electronic Registration Systems, Inc., as nominee for Marquette Bank, as Mortgagee, and Christopher S Kearney as Mortgagor, securing payment of the Note (hereinafter the “Mortgage”). 3 Information concerning the Mortgage: (a) Nature of Instrument: Mortgage (b) Date of Mortgage: April 30, 2018 (c) Name of Mortgagor: Christopher S Kearney (d) Name of Mortgagee in the Mortgage: Mortgage Electronic Registration Systems, Inc., as nominee for Marquette Bank (e) Date and Place of Recording: May 10, 2018, Cook County Recorder’s Office (f) Identification of Recording: Document No. 1813046038 (g) Interest encumbered by the Mortgage: Fee Simple SMS001019 (h) Amount of Original Indebtedness: $90,700.00 @ Legal Description of Premises: LOTS 11 AND 12 IN BLOCK 1] IN KEENEY’S SUBDIVISION OF CHICAGO HEIGHTS, BEING A SUBDIVISION OF THE EAST 1/2 OF THE SOUTHWEST 1/4 AND THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 35 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.L.N. 32-33-314-035-0000; 32-33-314-036-0000 COMMON ADDRESS: 3120 Hopkins St, Steger, IL 60475 DEFAULTS G) Statements as to Default and Amount Now Due: Mortgagor has defaulted in the payment of principal and interest when due on August 1, 2023, and each and every month thereafter. As a result of the foregoing defaults, Plaintiff has elected under the terms and conditions of the Note and Mortgage to declare immediately due and payable the entire principal balance and other sums secured by the Mortgage. As ofJanuary 8, 2024, the following amounts were due and owing from Mortgagor(s) to Plaintiff: Principal Balance $82,694.44 Accrued Interest $2,039.34 Late Charge Payment $132.51 Property Inspection $90.00 Funds owed by Borrower $2,232.12 Funds owed to Borrower $-18.93 Deferred Principal $566.09 Deferred Interest $1,326.43 Grand Total $89,062.00 PER DIEM INTEREST Interest continues to accrue upon the principal amount at the default rate of $10.76 per diem after January 8, 2024. (k) Name of present owner of the premises: Christopher S Kearney. w) Name or names of persons, in addition to such owner or owners, but excluding any non-record claimants as defined in the Illinois Mortgage and Foreclosure Act, as heretofore and hereafter amended who are joined as defendants and whose equitable right to redeem is sought to be barred: 1 Marquette Bank by virtue of Junior Mortgage recorded May 10, 2018, as Document No. 1813046039 in the amount of $6,000.00 and by virtue of Junior Mortgage recorded May 10, 2018, as Document No. 1813046040 in the amount of $1,500.00; Unknown Owners, generally; Non-Record Claimants. SMS001019 (m) Name of person(s) claimed to be personally liable for deficiency, unless said person(s) has/have received a discharge of the underlying indebtedness in bankruptcy: Christopher S Kearney. (n) Capacity in which Plaintiff brings this suit: Plaintiffis the legal holder of the indebtedness and the entity entitled to foreclose the mortgage. (0) Facts in support of shortened redemption period: None at this time. (p) Plaintiff seeks inclusion in the decree of Plaintiff’s attorney’s fees and of the costs and expenses of this action in accordance with the terms of the Note and Mortgage. (q) Facts in support of request for attorneys’ fees and costs and expenses: Plaintiff is entitled to recover as indebtedness secured by the Mortgage attorney’s fees, costs and other advances and expenses as detailed in 735 ILCS 5/15-1504(d). (1) Name or names of defendants whose right to possess the mortgaged real estate, after the confirmation of a foreclosure sale, is sought to be terminated and, if not elsewhere stated, the facts in support thereof: Christopher S Kearney. WHEREFORE, Plaintiff prays for the following relief: (a) Foreclosure of its mortgage; (b) Judicial Sale of the subject property for payment of the lien and costs; (c) Confirmation of sale and the issuance of a certificate of sale to the purchaser; @ An order granting possession, if sought; (e) A personal deficiency decree against all makers of the note, unless said person(s) has/have received a discharge of the underlying indebtedness in bankruptcy; () Its reasonable costs and expenses including, but not limited to, its attorney’s fees; and (g) Such other further and equitable reliefas the Court deems just. — JohnpyDale Frevert Jr., Esq., ARDC # 6305960 Attorney for Plaintiff Kluever Law Group, LLC 200 N LaSalle St Suite 1880 Chicago, IL 60601 312-236-0077 Attorney No. 38413 courtresults@klueverlawgroup.com SMS001019 Ken reba, Christopher * nla ay NOTE April 30, 2018 Orland Park, iltinois: {Date} [city] [State] 3120 Hopkins St, Steger, iL. 60475 [Property Address} 1 BORROWER'S PROMISE TO PAY In return for a idan that | have received, | promise to pay U.S. $90,700.00 {this amount is calied “Principal”), plus interest, to the prderof the Lender. The Lenderis Marquette Bank. | will make all paympnts under this Note in the form of cash, check or money order. {understand thdt the Lender may transfer this Note. The Lender or anyone wha takes this Note by transfer and who is entitied to receivg payments under this Note is called the "Note Holder.” 2. INTEREST interest will be pharged an unpaid principal until the full emount of Principai has been paid. 1 will pay interest at a yearly rate of 4,790 %. The interest rat¢ required by this Section 2 is the rate | will pay both before and after any defeult described in Section €(8) of this Note, 3. PAYMENTS EXHIBIT A {A) Time and Hace of Payments I wilt pay princigal and interest by making a payment every month. will make my nthly payment or the 1st day of each month beginning on June 4, 2018, Ewill make these payments every month until | have paid all of the principal and interest and any other charges described below that may under this Note. Each monthly payment will be applied as of its scheduted due data and will be applied to interest fore Principal. if, on May 1, 2048, | sti! owe amounts under this Note, | will pay those amountsiin full on that date, which is called the “Maturity Date.” twill make my monthly payments at 15959 1081h Ave Orland Park, IL 60467 or at a differant plage if required by the Note Holder. {B) Amount of Monthly Payments My monthly payment wil be in the amount of U.S. $473.13. 4. BORROWER’ RIGHT TO PREPAY ihave the rightfo make payments of Principal al any time before thay are due. Apaymentof Principal only is known as a “Prepayment.” hen | make a Prepayment, f will tell the Note Holder in writing that | am doing so. i mey not designate ‘a. payment as a Prdpayment if | have not made ail the monthly payments due under the Note. i may make a fii 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 tolthe accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Princip! amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my ehenthly payment unless the Note Holder agrees in writing tc those changes. 5. LOAN CHAR( :s ff a faw, which ppolies to this ioan and which sets maximum joan charges, fs finally interpreted so that the interest or other joan chargps collected or to be collected in connection with this oan exceed the permitted limits, then: (a) any such foan charge giali be reduced by the amount necessary to reduce the charge to the permitted limit; and (>) any MULTISTATE FIXED RATE NOTE-Singie Family Fannie MaefFreddie Mac UNIFORM INSTRUMENT — Form 3200 1/04 Eig Maa, Ina. Page 1083 FS200NOT 107 F3200NOT (CLS) 4/26/2018 03:23 PM PST LOAN #: sums already colledted 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 If the Note Holder has nol receives the ful amount of any monthly payment by the end of 15 calendar days after the date @ is due, | will pay a late charge to the Note Holder. The amount of the charge will be §.000 % of my overdue paynjent of principal and interest. J will pay this late charge prompliy but only once on each fate payment, (B) Default If f do not pay full amount of each monthly payment on the date it is due, | will be in default. (C) Notice of Gefautt If lam in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a certain date, tHe Note Holder may raquire me to pay immediately the full amount of Principal which has not been paid and aff the int st that | owe on that amount. That date must be at least 30 days after the date on which the notice is matied to me or delivered by other means. (0) No Waiver| yy Note Holder Even if, at a ti ‘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 defauil at a later time. {E) Payment o Note Holder's Costs and Expenses: Ifthe Note Holde has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by for ail of its costs and expenses in enforcing this Note to the extent not prohibited by applicable faw. Those expen is include, for example, reasonable attorneys’ fees. 7 GIVING OF NGTICES Unless applica le law requires a different method, any notice that musi be given to me under this Note will be given by delivering if 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 tice 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 N¢ 6 Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of thai different addre 88, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than ore person signs this Note, each person is fully and personaily obligated to keep aif of the promises. made in this Note, iheluding the promiseto pay the full amount awed. Any person who is a guarantor, surely or endorser of this Note is also bbligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, suraty or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enfored its rights under this Note against each person individually or against all of us together. This means that any one of us thay be required to pay all of the amounts owed under this Note, 9. WAIVERS land any other} on who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” madns the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to ire the Nole Holder to give notica to other persons that amounts due have not been paid. 10. UNIFORM SEGURED NOTE This Note is a dniform instrument with limited variations in some jurisdictions. in addifian 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 frem 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 aif amounts | owe under this Note. Some of these conditions are described as follows: If al o any{part of the Property or any Interest in the Property is sold or transferred (or if Borrower is nol @ natural person And a beneficial interestin Borrower is sokd or transferred) without Lender's prior written consent, Lender may rehuire immediate payment in full of all sums secured by this Seourity instrument, However, this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender ekercises this option, Lender shail give Borrower nolice of acceleration. The notice shall provide a period of notfess than 30 days from the date the notice is given in accordance with Section 15 within which MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3206 1/01 Elie Maa, inc. Page 2 of F3200NCT 0707 oT (CLS) 04/28/2018 03:23 PM PST LOAN ¢ Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the re expiration of thip period, Lender may invoke any remedies permitted by this Security instrurnent without further notice or der ‘on Borrower, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. cheromenticrne (Seal) Lender: Marqui Bank NMLS 1D: Loan Originator irdre O'Sullivan NMLS 1D: a [Sign Original Onty} MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3200 1/04 Effie Mae, Inc. Page 3 of 3 FS200NOT 0197 Fa200NOF {CLS} (04/2612016 03:23 PM PST ALLONGE TO NOTE ON LOAN AMOUNT $80,700.00 PROPERTY ADDRESS 3120 Hopkins St ‘Steger, IL 60475 ALLONGE TO NOTE DATED April 30, 2018 iN FAVOR OF Marquette Bank AND EXECUTED BY Christopher 8 Kearney PAY TO THE ORDGR OF New Penn Financial, LLC WITHOUT RECOURSE Marquette Bank Tit. Senter Vice President Residential Lending Document HL44d LFFIO Eilie Mae, Inc. GN 0103 LS) (04/26/2018 03:23 PM PST Allonge To Promissory Note This Allonge is to He made a part of the Note: Dated: April 30, 2018 Borrower(s): Kearney, Christopher S Property Address. 3120 HOPKINS SREET STEGER, IL 60475 Original Lender: Marquette Bank Loan Amount: $ 90,700.00 Interest Rate: 4.750% Without Recourse Pay To Tha Order Of: By: Name: id Al s Ye Title: Diréctor - Investor Fulfillment Company: New Penn Financial, LLC — ee + i=! Iling is Anti-Predatory Wi — — Len ing Database ni ~ Program Certificate of Exemption poct #181304695; 128138460739 Sm Mi ll Fee 464.99 STI, asp FEEr$q, +80-RPRF FEE: SIAL Ly FARE A. vaRi BROUGH $1.99 es %, 00K COUNTY 6 RECORDER OF DEEDS apTE: 05? 10/2018 | 11:38 aN pg. 4 — 4 OF 14 | — _ —_ a % aes _ Ung Report Mortgage Fraud 844-768-1713 The property identified as: PIN: 32-33-314-035-0000 _ ———_ Address: Street 3120 Hopkins St Street line 2: City: Steger State: tL ZIP Code: 60475 Lender: Marquette Bank Borrower: CHRISTOPHER S KEARNEY EXHIBIT B Loan / Mortgage Amount: $90,700.00 This property is located within the program area and the transaction is exempt from the requirements of 765 ILCS 77/70 et seq. because the application was taken by an exempt entity. Covariates Execution date: 4/30/2018 © When recorded, return to: Marquette Bank Attn: Post Closing 15959 108th Ave Orland Park, IL 60467 1-888-254-9500 This instrument was prepared by: Rose Williams Marquette Bank 15959 108th Ave Orland Park, IL 60467 708-873-8611 Title Order No.: mz Loan + [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 April 30,2018, together with all Riders to this document. (B) “Borrower” is CHRISTOPHER S KEARNEY, SINGLE MAN. 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. anominee for Lender and Lerider's successors and assigns. MERS is the mortgagee under this Security Instrument. ILLINOIS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/01 Ellie Mae, Inc. Page 1 of 12 ILEDEDL 0315 (LEDEDL (CLS) 04/26/2018 03:23 PM PST 3 o ’ LOAN #: MERS is organized and existing under the laws of Delaware, and has an address and telep! hone number of P.O. Box 2026, Flint, Mi 48501-2026, tel. (888) 679-MERS. {D) “Lender” is Marquette Bank. Lender is an Illinois Banking Corporation, organized and existing under the laws of ilinois. Lender's address is 15959 108th Ave, Orland Park, iL 60467 {E) “Note” means the promissory note signed by Borrower and dated April 30, 2018. The Note states that Borrower owes Lender NINETY THOUSAND SEVEN HUNDRED AND NO/100****** te tet e tee eee Sesessuteuet ea eetaersnst utea eeser ueeeeet eeetere2® ut Dollars (US, $90,700.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2048, (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]: (2 Adjustable Rate Rider {J Condominium Rider ( Second Home Rider C1 Balloon Rider C Planned Unit Development Rider [X] Other(s) [specify] (] 1-4 Family Rider (J Biweekly Payment Rider Fixed Interest Rate Rider OVA. Rider () “Applicable Law” means all controlling applicable federal, state and focal 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 Properly 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 hot 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 preceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ji) 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. (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 Nete, plus (i) any amounts. under Section 3 of this Security Instrument. {P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (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. ILLINOIS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/01 Ellie Mae, Inc. Page 2 of 12 ILEDEDL 0315 ILEDEDL (CLS) 04/26/2018 03:23 PM PST TRANSFER OF RIGHTS IN THE PROPERTY oo This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby morigage, grant and convey te MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of Cook [Name of Recording Jurisdiction}: Lots 11 and 12 in Block 11 in Keeney’s Subdivision of Chicago Heights, being a subdivision of the East 1/2 of the Southwest 1/4 and the West 1/2 of the Southeast 1/4 of Section 33, Township 35 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. APN #: 32-33-314-035-0000 and 32-33-314-036-0000 which currently has the address of 3120 Hopkins St, Steger, [Street] [City] Ilinois 60475 (‘Property Address’): [Zip Codes] TOGETHER WITH ali the improvements now orhereafter erected on the property, and allgasements, 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, ifnecessary 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 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 Lender 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; (¢) 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 retum any ILLINOIS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/01 Ellie Mae, Inc. Page 3 of 12 ILEDEDL 0318 ILEDEDL (CLS) 64/26/2018 03:23 PM PST. LOAN #: 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 shail relieve Borrower from making payments due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender 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 shail 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 calted “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. Borrowér shall prompily furnish to Lender ail 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 alt 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 shail 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 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 shail 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 ILLINOIS ~ Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/01 Elite Mae, Inc. Page 4 of 12 ILEDEDL 0315 ILEDEDL (CLS) 64/26/2018 03:23 PM PST LOAN ¢: an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shail 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 i in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shel promptiy 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. Bortower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to 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 fram 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 shail satisfy the lien or take one or. more of the actlons set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for areal 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 time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Nate 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 ILLINOIS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3014 1/04 Elfie Mae, Inc. Page 5 of 12 ILEDEDL 0345 1LEDEDL (CLS} 04/26/2018 03:23 PM PST LOAN #; of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shail 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 jo