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CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 1 of 24
COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
CARRINGTON MORTGAGE SERVICES,
LLC
1600 SOUTH DOUGLASS ROAD
SUITE 200-A.
ANAHEIM, CA 92806
Plaintiff
-vs-
UNKNOWN HEIRS, FIDUCIARIES,
BENEFICIARIES, DEVISEES AND
DONEES OF ROSETTA TOLES A/K/A
ROSETTA P. TOLES A/K/A ROSETTA P. CASE NO.:
PAULINE A/K/A ROSETTA MARTIN
TOLES JUDGE:
TO BE SERVED VIA PUBLICATION
COMPLAINT FOR FORECLOSURE AND
-AND- RELIEF
DAVID ALLEN TOLES Parcel: 6813929
473 ARDELLA AVENUE
AKRON, OH 44306
-AND-
UNKNOWN SPOUSE, IF ANY, OF
DAVID ALLEN TOLES
473 ARDELLA AVENUE
AKRON, OH 44306
-AND-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 2 of 24
JENNIFER R. TOLES
1131 PEERLESS AVENUE
AKRON, OH 44320
-AND-
UNKNOWN SPOUSE, IF ANY, OF
JENNIFER R. TOLES
1131 PEERLESS AVENUE
AKRON, OH 44320
-AND-
SUMMIT COUNTY TREASURER
OHIO BUILDING
175 SOUTH MAIN STREET, SUITE 400
AKRON, OH 44308
Defendants
FIRST COUNT
1 Plaintiff is authorized to conduct business in the State of Ohio.
2 Plaintiff says that it is the holder of a certain Note executed by Rosetta Toles a/k/a
Rosetta P. Toles a/k/a Rosetta P. Pauline a/k/a Rosetta Martin Tolesand (now deceased) is entitled
to enforce the same. A copy of said Note is attached hereto as Exhibit “A” and made a part hereof.
3 Plaintiff further states that by reason of default in payment of the said note, it has
declared said debt due; that there is due the sum of $8,124.88 plus interest at a current rate of 4.25%
per annum from September 1, 2023.
4. Makers have defaulted under the obligations of the Note, by among other things, failing
to pay the required monthly payments of principal and interest.
5 Plaintiff states that it has satisfied all conditions prior to filing this complaint, including,
but not limited to mailing the notice of acceleration to all parties who executed the promissory note.
Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 3 of 24
SECOND COUNT
6. Plaintiff incorporates herein by reference all of the allegations contained in its First
Count, and further says that it is entitled to enforce a certain mortgage deed, securing the payment
of said promissory note, a copy of which is attached hereto along with all assignments thereof and
marked as Exhibit “B” and made a part hereof. Said mortgage refers to Permanent Parcel Number
6813929, and is a valid first lien upon said premises.
7
Plaintiff says that the conditions in said mortgage have been broken by reason of default
in payment, that the same has become absolute, and that Plaintiff has the right to foreclose on the
subject property.
8 Plaintiff says that, pursuant to the covenants and conditions of said mortgage deed, it
may, from time to time during the pendency of this action, advance sums including, but not
necessarily limited to real estate taxes, hazard insurance premiums, and property protection.
9 Unknown Heirs, Fiduciaries, Beneficiaries, Devisees and Donees of Rosetta Toles
a/k/a Rosetta P. Toles a/k/a Rosetta P. Pauline a/k/a Rosetta Martin Toles are added as a Party
Defendant by virtue of any interest they may have in the subject property as heirs of Rosetta Toles,
deceased and as to any other interest they may have in the subject property.
10. David Allen Toles is added as a Party Defendant by virtue of any interest he may have
in the subject property as heir of Rosetta Toles, deceased and as to any other interest he may have in
the subject property.
ll. Unknown Spouse, if any, of David Allen Toles is added as a Party Defendant by virtue
of any dower interest and as to any other interest they may have in the subject property.
Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 4 of 24
12. Jennifer R. Toles is added as a Party Defendant by virtue of any interest she may have
in the subject property as heir of Rosetta Toles, deceased and as to any other interest she may have
in the subject property.
13. Unknown Spouse, if any, of Jennifer R. Toles is added as a Party Defendant by virtue
of any dower interest and as to any other interest they may have in the subject property.
14. The Plaintiff further says that the Treasurer of Summit County, Ohio may claim a lien
against the premises described herein by virtue of real estate taxes.
WHEREFORE, Plaintiff demands judgment:
a. In the sum of $8,124.88, plus interest at the rate of 4.25% per annum from September 1,
2023 together with its advances made pursuant to the terms of the mortgage, sums
including, but not necessarily limited to, real estate taxes, insurance premiums, and
property inspections, preservation and protection; that the Defendants named herein be
required to answer and set up any claim that they may have in said premises or be forever
barred;
That Plaintiff be found to have a first lien on said premises for this amount so owing
That Plaintiff shall be paid from the proceeds amount found due and owing;
That Defendant/Obligors, unless discharged in bankruptcy, may be adjudged to pay the
deficiency that remains after applying all of said monies applicable thereto;
Defendants named herein be required to answer and set up any claim that they may have in
said premises or be forever barred;
That said premises be ordered appraised, advertised and sold according to law;
Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 5 of 24
g. That the Plaintiff may have such other or further relief, or both, in the premises as may be
just and equitable.
Respectfully Submitted,
/s/Tamara Gurchik
LOGS Legal Group LLP
Tamara Gurchik (0090798)
4805 Montgomery Road, Suite 320
Norwood, OH 45212
Phone: 513-396-8100 ext 23165
Fax: (847) 627-8805
Email: tgurchik@logs.com
*NOTE: The documents attached hereto may have been redacted to remove non-public
personal information such as financial account information, social security numbers, dates of
birth, and similar information to protect the privacy of the parties named herein.
24-048463 FCO1; oc; March 27, 2024
Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 6 of 24
COMMON PLEAS COURT
SUMMIT COUNTY, OHIO
CASE DESIGNATION FORM
CARRINGTON MORTGAGE SERVICES, |
LLC | CASE NO.:
Plaintiff i
! JUDGE:
-vs-
UNKNOWN HEIRS, FIDUCIARIES,
BENEFICIARIES, DEVISEES AND
DONEES OF ROSETTA TOLES A/K/A
ROSETTA P. TOLES A/K/A ROSETTA P.
i
PAULINE A/K/A ROSETTA MARTIN i
i
TOLES et al. i
Defendants i
CIVIL CATEGORIES
(PLACE (X) IN ONE CATEGORY ONLY)
TORT MISCELLANEOUS
PCOM PERSONAL INJURY ASCO ASBESTOS
LCOM PRODUCT LIABILITY BACO BREACH OF AGREEMENT
MMCO MEDICAL BCOM BREACH OF CONTRACT
MALPRACTICE
LMCO LEGAL BLCO BREACH OF LEASE
MALPRACTICE
DMCO DENTAL BWCO BREACH OF WARRANTY
MALPRACTICE
OMCO OTHER DCOM DECLARATORY JUDGMENT
MALPRACTICE
WDCO WRONGFUL DEATH FJUD FOREIGN JUDGMENT
INCO INJUNCTION
REAL PROPERTY RPCO REPLEVIN
SCOM SUBROGATION
X_ FCOM FORECLOSURE — OTHER:
QIco QUIET TITLE
PTCO PARTITION REFILED CASE
MONEY — PREVIOUS CASE NO.
—_ PREVIOUS JUDGE
CGCO COGNOVIT NOTE
CBCO CREDITOR'S BILL ADMINISTRATIVE APPEALS
MCOM MONEY DUE
NCOM PROMISSORY NOTE WCOM WORKER'S COMPENSATION
— OTHER:
Tavia Galonski, Summit County Clerk of Courts
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LOGS Legal Group LLP. Tamara Gurchik
FIRM NAME (PRINT OR TYPE) ATTORNEY OF RECORD
4805 Montgomery Road, Suite 320
Norwood, OH 45212
(513) 396-8100 /s/Tamara Gurchik
ADDRESS & PHONE NO. SIGNATURE
Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON pe 03/28/2024 12:25:00 PM _-FORC Page 8 of 24
EXHIBIT
A
Multistate
NOTE
MERS MII
May 31, 2011
[Date]
473 Ardella Ave
Akron, OH 44306-2109
[Property Address]
1, PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
Quicken Loans Inc.
and its successors and assigns.
2, BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of Thirty Nine Thousand
Eighty Seven and 00/100
Dollars (U.S. $* 39, 087.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of Four and One-Quarter
percent ( 4.250 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date
as this Note and called the "Security Instrument.” The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
August . Any principal and interest remaining on the first day of uly
2026 , Will be due on that date, which is called the "Maturity Date.”
(B) Place
Payment
shall be made at P.O. Box 553154, Detroit, MI 48255-3154
or at such place as Lender may designate in writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 294.05 . This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument,
(D) Alllonge to thi: Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box]
[_Icraduated Payment Attonge [_]Growing Equity Allonge [_lother [specify]
werg Page
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Tavia Galonski, Summit County Clerk of Courts
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5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount ofthe monthly payment unless Lender agrees in
writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of Four and No-Thousandths percent ( 4 000%) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, exceptas limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations, As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the
rightto require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different addre:
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. 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. Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
FLA Mutt Fixed Rat Noto
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Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON my 03/28/2024 12:25:00 PM _Forc Page 10 of 24
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
hasetdn aloes wsnisn
Rosetta P, Toles FKA Roestta P. Pauline
15/31/2011 (Seal)
Borrower
(Seal)
Borrower
Fic A AO Puaelince
(Seal) (Seal)
Borrower Borrower
_ —_ (Seal) (Seal)
Borrower -Borower
(Seal) (Seal)
-Borower -Borrower
WITHOUT RECOURSE
Pay To the Order of
Bank of America, NA
CAPTURE MANAGER
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Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 11 of 24
EXHIBIT
B. fn
Rei To: When Recorded Retum To:
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OPEN-END MORTGAGE
|
THIS MORTGAGE ("Security Instrument”) is given on May 31. 2011
The Mortgagoris Rosetta P. Toles, an unmarried woman Formerly Known As Roestta
P. Pauline
whose current mailing address is 473 Ardella Ave, Akron, OH 44306
("Borrower") This Security Instrument is given to Mortgage Elcctromic Registration Systems, Inc.
c RS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as
mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
Quicken Loans Inc, .
a Form 4/96 Amended 1/02
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Tavia Galonski, Summit County Clerk of Courts
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("Lender") is organized and existiny under the laws of the State of Michigan +
and has an address of 1050 Woo ard Ave, Detroit, MI 48226- 190!
rower owes Lender the principal sum of
Thirty Nine Thousand Eighty Seven and 00/100”
Dollars (U.S. $ 39,087.00 )
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),
which provides for monthly payments, with the full debt, if not paid carlier, due and payable on
uly 1, 2026 . This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the
ayment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security
Instrument, and (c) the performance of Borrower's covenants and agreements under this Security Instrument
and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the
following described property located in Summi County, Ohio:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
UBJECT TO COVENANTS OF RI
Parcel ID Number; 6813929 which has the address of
473 Ardella Ave [Street]
Akron [City], Ohio 44306-2109 [Zip Code]
("Property Address");
TOGETHER WITH alt the improvements now or hereafter erected on the property, and all easements
appurtenances
and fixtures now or hereafter a part of the property. All replacernents and additions shall aiso be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
“Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument; but, if necessary to comply with law or custora, 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
inchading, but not limited to, releasing or canceling this Security Instrument.
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BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
fight 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 sccurity instrument covering real
property,
Borrower and Leader covenant and agree as follows:
UNIFORM COVENANTS.
1, Payment of Principal, Interest and Late Charge, Borrower shall pay when due the priacipal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2, Monthly Payment of Taxes, Insurance and Other Charges, Borrower shall include in cach
monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum.
for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or
ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in
which the Lender must pay a mortgage insurance premium to the Seoretary of Housing and Urban
Development ("Secretary"), or in any year in which such premium would have been required if Lender stilt
held the Security Instrument, each monthly payment shalt also inclnde either: (i) a sum for the annual
mortgage insurance premium to be paid by Lender to the Secretary, or (ji) a monthly charge instead of a
mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be
determined by the Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow
Items" and the sums paid to Lender arc calied "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to
exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implernenting regutations, 24 CFR
Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are
available ia the account may not be based on amounts duc for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall accountto Borrower for the excess funds as required by RESPA. If thc amounts of funds held by
Lender at any time are not sufficient to pay the Escrow Items when duc, Lender may notify the Borrower and
require Borrower to make up the shortage as permitted by RESPA.
‘Phe Escrow Funds are pledged as additional security for all sums secured by this Security instrament. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be eredited with the
balance remaining for all installment items (a), (b), and (¢) and any mortgage insurance premium installment
that Leader has not become obligated to pay to the Sceretary, and Lender shall promptly refund any excess
funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender,
Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c).
FHA Open-End Mortgage with MERS-OH Form 4/96 Amended 1/02
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VMP ® VMP4N(OH) (0902).00
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3. Application of Payments. All payments under paragraphs 1 aud 2 shall be applied by Lender as
follows:
Eisst. to the mortgage insurance premium to be paid by Lender to the Secretaryor to the monthly charge
by the Secretary instead of the monthly mortgage insurance premium;
Sscond to any taxes, special assessments, leaschold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal ofthe Note; aad
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall inswe all improvements on the
Property, whether now in existence or subsequently erected, against amy hazards, casualties, and
contingencics, including fire, for which Lender requires insurance. This insurance shall be maintained in the
amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the
Property, whether now in existence or subsequently erected, against loss by floods to the extent required by
the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and
any renewals shall be held by Lender and shall include losy payable clauses in favor of, and in a form
acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail, Lender may make proof of
loss if aot made promptly by Borrower. Each insurance company concemed is hereby authorized and directed
to make payment for such loss directly to Lender, instead of to Borrower
and to Lender jointly. All or any
part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the
indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order
in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged
Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the
monthly payments which are referred to in paragraph 2, or change the amount of such payments, Any excess
insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally catitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall
pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds, Borrower shall occupy, establish, and yse the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale
or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at
least one year after the date of occupancy, unless Lender determines that requirement will cause undue
hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control,
Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy,
damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear
excepted. Lender may inspect the Property if the Property is vacantor abandoned or the loan is in default.
Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall
FHA Open-End Mortgage with MERS-OH Form 4/96 Amended 1/02
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VMP ® IVMP4N(OH) (0902).00
Wolters Kluwer Financial Services Page4 of 11
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also be in default if Borrower, during the loan application process, gave materially false or inaccurate
information or statementsto Lender (or failed to provide Lender with any material information) in conncction.
with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's
occupancy of the Property as a principal residence. If this Security Instrament is on a leasehold, Borrower
shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and
fee title shalt not be merged unless Lender agrees to the merger in writing.
6. Condemnatlon, The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for coaveyance in place of
condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Security Instrament, Lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal, Any
application of the proceeds to the principal shall not extend or postpone the duc date of the monthly payments,
which are referred to in paragrap 2, or change the amount of such payments. Any excess proceeds over an
amount required to pay all outstanding indebtedness under the Note and this Sccurity Instrument shail be paid
to the entity legally entitled thereto
7 Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shalt pay all
governmental or municipal charges, fines and impositions that ate not included in paragraph 2. Borrower shalt
pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to
Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform
any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that
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CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 1 of 24 COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO CARRINGTON MORTGAGE SERVICES, LLC 1600 SOUTH DOUGLASS ROAD SUITE 200-A. ANAHEIM, CA 92806 Plaintiff -vs- UNKNOWN HEIRS, FIDUCIARIES, BENEFICIARIES, DEVISEES AND DONEES OF ROSETTA TOLES A/K/A ROSETTA P. TOLES A/K/A ROSETTA P. CASE NO.: PAULINE A/K/A ROSETTA MARTIN TOLES JUDGE: TO BE SERVED VIA PUBLICATION COMPLAINT FOR FORECLOSURE AND -AND- RELIEF DAVID ALLEN TOLES Parcel: 6813929 473 ARDELLA AVENUE AKRON, OH 44306 -AND- UNKNOWN SPOUSE, IF ANY, OF DAVID ALLEN TOLES 473 ARDELLA AVENUE AKRON, OH 44306 -AND- Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 2 of 24 JENNIFER R. TOLES 1131 PEERLESS AVENUE AKRON, OH 44320 -AND- UNKNOWN SPOUSE, IF ANY, OF JENNIFER R. TOLES 1131 PEERLESS AVENUE AKRON, OH 44320 -AND- SUMMIT COUNTY TREASURER OHIO BUILDING 175 SOUTH MAIN STREET, SUITE 400 AKRON, OH 44308 Defendants FIRST COUNT 1 Plaintiff is authorized to conduct business in the State of Ohio. 2 Plaintiff says that it is the holder of a certain Note executed by Rosetta Toles a/k/a Rosetta P. Toles a/k/a Rosetta P. Pauline a/k/a Rosetta Martin Tolesand (now deceased) is entitled to enforce the same. A copy of said Note is attached hereto as Exhibit “A” and made a part hereof. 3 Plaintiff further states that by reason of default in payment of the said note, it has declared said debt due; that there is due the sum of $8,124.88 plus interest at a current rate of 4.25% per annum from September 1, 2023. 4. Makers have defaulted under the obligations of the Note, by among other things, failing to pay the required monthly payments of principal and interest. 5 Plaintiff states that it has satisfied all conditions prior to filing this complaint, including, but not limited to mailing the notice of acceleration to all parties who executed the promissory note. Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 3 of 24 SECOND COUNT 6. Plaintiff incorporates herein by reference all of the allegations contained in its First Count, and further says that it is entitled to enforce a certain mortgage deed, securing the payment of said promissory note, a copy of which is attached hereto along with all assignments thereof and marked as Exhibit “B” and made a part hereof. Said mortgage refers to Permanent Parcel Number 6813929, and is a valid first lien upon said premises. 7 Plaintiff says that the conditions in said mortgage have been broken by reason of default in payment, that the same has become absolute, and that Plaintiff has the right to foreclose on the subject property. 8 Plaintiff says that, pursuant to the covenants and conditions of said mortgage deed, it may, from time to time during the pendency of this action, advance sums including, but not necessarily limited to real estate taxes, hazard insurance premiums, and property protection. 9 Unknown Heirs, Fiduciaries, Beneficiaries, Devisees and Donees of Rosetta Toles a/k/a Rosetta P. Toles a/k/a Rosetta P. Pauline a/k/a Rosetta Martin Toles are added as a Party Defendant by virtue of any interest they may have in the subject property as heirs of Rosetta Toles, deceased and as to any other interest they may have in the subject property. 10. David Allen Toles is added as a Party Defendant by virtue of any interest he may have in the subject property as heir of Rosetta Toles, deceased and as to any other interest he may have in the subject property. ll. Unknown Spouse, if any, of David Allen Toles is added as a Party Defendant by virtue of any dower interest and as to any other interest they may have in the subject property. Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 4 of 24 12. Jennifer R. Toles is added as a Party Defendant by virtue of any interest she may have in the subject property as heir of Rosetta Toles, deceased and as to any other interest she may have in the subject property. 13. Unknown Spouse, if any, of Jennifer R. Toles is added as a Party Defendant by virtue of any dower interest and as to any other interest they may have in the subject property. 14. The Plaintiff further says that the Treasurer of Summit County, Ohio may claim a lien against the premises described herein by virtue of real estate taxes. WHEREFORE, Plaintiff demands judgment: a. In the sum of $8,124.88, plus interest at the rate of 4.25% per annum from September 1, 2023 together with its advances made pursuant to the terms of the mortgage, sums including, but not necessarily limited to, real estate taxes, insurance premiums, and property inspections, preservation and protection; that the Defendants named herein be required to answer and set up any claim that they may have in said premises or be forever barred; That Plaintiff be found to have a first lien on said premises for this amount so owing That Plaintiff shall be paid from the proceeds amount found due and owing; That Defendant/Obligors, unless discharged in bankruptcy, may be adjudged to pay the deficiency that remains after applying all of said monies applicable thereto; Defendants named herein be required to answer and set up any claim that they may have in said premises or be forever barred; That said premises be ordered appraised, advertised and sold according to law; Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 5 of 24 g. That the Plaintiff may have such other or further relief, or both, in the premises as may be just and equitable. Respectfully Submitted, /s/Tamara Gurchik LOGS Legal Group LLP Tamara Gurchik (0090798) 4805 Montgomery Road, Suite 320 Norwood, OH 45212 Phone: 513-396-8100 ext 23165 Fax: (847) 627-8805 Email: tgurchik@logs.com *NOTE: The documents attached hereto may have been redacted to remove non-public personal information such as financial account information, social security numbers, dates of birth, and similar information to protect the privacy of the parties named herein. 24-048463 FCO1; oc; March 27, 2024 Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 6 of 24 COMMON PLEAS COURT SUMMIT COUNTY, OHIO CASE DESIGNATION FORM CARRINGTON MORTGAGE SERVICES, | LLC | CASE NO.: Plaintiff i ! JUDGE: -vs- UNKNOWN HEIRS, FIDUCIARIES, BENEFICIARIES, DEVISEES AND DONEES OF ROSETTA TOLES A/K/A ROSETTA P. TOLES A/K/A ROSETTA P. i PAULINE A/K/A ROSETTA MARTIN i i TOLES et al. i Defendants i CIVIL CATEGORIES (PLACE (X) IN ONE CATEGORY ONLY) TORT MISCELLANEOUS PCOM PERSONAL INJURY ASCO ASBESTOS LCOM PRODUCT LIABILITY BACO BREACH OF AGREEMENT MMCO MEDICAL BCOM BREACH OF CONTRACT MALPRACTICE LMCO LEGAL BLCO BREACH OF LEASE MALPRACTICE DMCO DENTAL BWCO BREACH OF WARRANTY MALPRACTICE OMCO OTHER DCOM DECLARATORY JUDGMENT MALPRACTICE WDCO WRONGFUL DEATH FJUD FOREIGN JUDGMENT INCO INJUNCTION REAL PROPERTY RPCO REPLEVIN SCOM SUBROGATION X_ FCOM FORECLOSURE — OTHER: QIco QUIET TITLE PTCO PARTITION REFILED CASE MONEY — PREVIOUS CASE NO. —_ PREVIOUS JUDGE CGCO COGNOVIT NOTE CBCO CREDITOR'S BILL ADMINISTRATIVE APPEALS MCOM MONEY DUE NCOM PROMISSORY NOTE WCOM WORKER'S COMPENSATION — OTHER: Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 7 of 24 LOGS Legal Group LLP. Tamara Gurchik FIRM NAME (PRINT OR TYPE) ATTORNEY OF RECORD 4805 Montgomery Road, Suite 320 Norwood, OH 45212 (513) 396-8100 /s/Tamara Gurchik ADDRESS & PHONE NO. SIGNATURE Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON pe 03/28/2024 12:25:00 PM _-FORC Page 8 of 24 EXHIBIT A Multistate NOTE MERS MII May 31, 2011 [Date] 473 Ardella Ave Akron, OH 44306-2109 [Property Address] 1, PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Quicken Loans Inc. and its successors and assigns. 2, BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Thirty Nine Thousand Eighty Seven and 00/100 Dollars (U.S. $* 39, 087.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Four and One-Quarter percent ( 4.250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument.” The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on August . Any principal and interest remaining on the first day of uly 2026 , Will be due on that date, which is called the "Maturity Date.” (B) Place Payment shall be made at P.O. Box 553154, Detroit, MI 48255-3154 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 294.05 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument, (D) Alllonge to thi: Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] [_Icraduated Payment Attonge [_]Growing Equity Allonge [_lother [specify] werg Page oemtats Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON P~ 03/28/2024 12:25:00 PM FORC Page 9 of 24 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount ofthe monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and No-Thousandths percent ( 4 000%) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, exceptas limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations, As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the rightto require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different addre: Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. FLA Mutt Fixed Rat Noto ‘Wolters Kluwer Financia! Services veel Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON my 03/28/2024 12:25:00 PM _Forc Page 10 of 24 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. hasetdn aloes wsnisn Rosetta P, Toles FKA Roestta P. Pauline 15/31/2011 (Seal) Borrower (Seal) Borrower Fic A AO Puaelince (Seal) (Seal) Borrower Borrower _ —_ (Seal) (Seal) Borrower -Borower (Seal) (Seal) -Borower -Borrower WITHOUT RECOURSE Pay To the Order of Bank of America, NA CAPTURE MANAGER Pay To The OEROF 8Y nEgNitons, RSE AS Arr UST. Cons, ANY NA, Na, YIN a SSisy, TAT ANT CA Lip ERS bey AA Mutistao Fixed Rate Note Wot Kawa France Services wong, Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 11 of 24 EXHIBIT B. fn Rei To: When Recorded Retum To: Docume! jement tndecomm Global Service: SJ Quicke: ans Inc. 2925 Country Drive rail 1050, it. ME 8226-1906 17 [Sp Ov e For Recording Data] OPEN-END MORTGAGE | THIS MORTGAGE ("Security Instrument”) is given on May 31. 2011 The Mortgagoris Rosetta P. Toles, an unmarried woman Formerly Known As Roestta P. Pauline whose current mailing address is 473 Ardella Ave, Akron, OH 44306 ("Borrower") This Security Instrument is given to Mortgage Elcctromic Registration Systems, Inc. c RS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Quicken Loans Inc, . a Form 4/96 Amended 1/02 a FHA Open-End Mortgage with MERS-OH VMP @ |VMP4N(OH) (0902).00 Wolters Kiuwer Financial Services Page lof 11 “ IMAI MM: 55784608 oes) 1472014 ®: an 38A a Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 12 of 24 ("Lender") is organized and existiny under the laws of the State of Michigan + and has an address of 1050 Woo ard Ave, Detroit, MI 48226- 190! rower owes Lender the principal sum of Thirty Nine Thousand Eighty Seven and 00/100” Dollars (U.S. $ 39,087.00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid carlier, due and payable on uly 1, 2026 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the ayment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument, and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in Summi County, Ohio: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. UBJECT TO COVENANTS OF RI Parcel ID Number; 6813929 which has the address of 473 Ardella Ave [Street] Akron [City], Ohio 44306-2109 [Zip Code] ("Property Address"); TOGETHER WITH alt the improvements now or hereafter erected on the property, and all easements appurtenances and fixtures now or hereafter a part of the property. All replacernents and additions shall aiso be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custora, 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 inchading, but not limited to, releasing or canceling this Security Instrument. FHA Open-End Mortgage with MERS-OH Form 4/96 Amended 1/02 a VMP ® VMP4N(OH) (0902).00 Wolters Kluwer Financial Services Page 2 of 11 l|l i l ll le p> 784608 aw Behe 8h 09-380 108108 Kristen Sealise, umait Co Fiscal Office Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 13 of 24 BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the fight 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 sccurity instrument covering real property, Borrower and Leader covenant and agree as follows: UNIFORM COVENANTS. 1, Payment of Principal, Interest and Late Charge, Borrower shall pay when due the priacipal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2, Monthly Payment of Taxes, Insurance and Other Charges, Borrower shall include in cach monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum. for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Seoretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender stilt held the Security Instrument, each monthly payment shalt also inclnde either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ji) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow Items" and the sums paid to Lender arc calied "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implernenting regutations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available ia the account may not be based on amounts duc for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall accountto Borrower for the excess funds as required by RESPA. If thc amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when duc, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. ‘Phe Escrow Funds are pledged as additional security for all sums secured by this Security instrament. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be eredited with the balance remaining for all installment items (a), (b), and (¢) and any mortgage insurance premium installment that Leader has not become obligated to pay to the Sceretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). FHA Open-End Mortgage with MERS-OH Form 4/96 Amended 1/02 a VMP ® VMP4N(OH) (0902).00 Wolters Kluwer Financial Services Page3 of 11 i l 1H Hn | | vee 4 ase 55784608 391 | 97: 472011 99,380 Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 14 of 24 3. Application of Payments. All payments under paragraphs 1 aud 2 shall be applied by Lender as follows: Eisst. to the mortgage insurance premium to be paid by Lender to the Secretaryor to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Sscond to any taxes, special assessments, leaschold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal ofthe Note; aad Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall inswe all improvements on the Property, whether now in existence or subsequently erected, against amy hazards, casualties, and contingencics, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include losy payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail, Lender may make proof of loss if aot made promptly by Borrower. Each insurance company concemed is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments, Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally catitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds, Borrower shall occupy, establish, and yse the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control, Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacantor abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall FHA Open-End Mortgage with MERS-OH Form 4/96 Amended 1/02 a VMP ® IVMP4N(OH) (0902).00 Wolters Kluwer Financial Services Page4 of 11 | NATO $5784608 oP raraet 1 98-380 Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1388 BREAUX, ALISON 03/28/2024 12:25:00 PM FORC Page 15 of 24 also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statementsto Lender (or failed to provide Lender with any material information) in conncction. with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrament is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shalt not be merged unless Lender agrees to the merger in writing. 6. Condemnatlon, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for coaveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrament, Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal, Any application of the proceeds to the principal shall not extend or postpone the duc date of the monthly payments, which are referred to in paragrap 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Sccurity Instrument shail be paid to the entity legally entitled thereto 7 Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shalt pay all governmental or municipal charges, fines and impositions that ate not included in paragraph 2. Borrower shalt pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significan