Document for 12-CV-0248 - FLAGSTAR BANK, FSB vs. STENTZ, MARK L

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                                JIN THE COURT OF COMMON PLEAS
WAYNE COUNTY, OHIO

 

FLAGSTAR BANK, FSB

5151 Corporate Drive /
un ° a LESN Le doce
wi ye CASE NO. pp tieO3y °
Au :

Troy, MI 48098

 

 

Plaintiff Gg
JUDGE i
vs.
Mark L. Stentz aka Mark Lewis Stentz COMPLAINT FOR FORECLOSURE AND
862 Ridgecrest Drive OTHER EQUITABLE RELIEF
Wooster, OH 44691 WITH NOTICE UNDER THE FAIR

‘And DEBT COLLECTION PRACTICES ACT
ni
PPN: 68-00930.000 (Lot No. 4454) and

L.
Martha L. Stentz 68-00931.000 (Lot 4455 - VACANT LAND)

862 Ridgecrest Drive
Wooster, OH 44691 Property Address:
862 Ridgecrest Drive

And Wooster, OH 44691
WAYNE COUNTY TREASURER
428 West Liberty Street
Wooster, OH 44691

Defendants

FIRST CLAIM
1. Plaintiff is the owner and holder of a Promissory Note, a copy of which is attached

hereto, marked "Exhibit A;" that by reason of default in the terms of the Note and Mortgage securing
same, it has declared the debt evidenced by said Note due; that there is due and unpaid thereon
$137,376.74 plus interest at 5.000% per annum from June 1, 2011.

2. The Promissory Note is a negotiable instrument pursuant to Ohio Revised Code Section

1303.03.

OHFC - Affidavit Amounts Due

OH-96000062-12
ee" Il | l | ll ll Ill l
446978 913 Plaintiff has complied with all the conditions precedent to recovery under the terms
contained in the attached Note.

SECOND CLAIM

4. Plaintiff incorporates herein by reference al] of the allegations contained in its First
Claim, and further states that it is the owner and holder of a certain Mortgage securing the indebtedness
evidenced by said Promissory Note, a copy of which Mortgage is attached hereto, marked "Exhibit B;"
and that said Mortgage is a first and best lien upon the premises described therein.

5. Plaintiff has complied with all the conditions precedent to recovery under the terms
contained in the attached Mortgage.

6. The conditions of said Mortgage have been broken and the same has become absolute.

7. Pursuant to the covenants and conditions of said Mortgage, Plaintiff may, from time to
time during the pendency of this action, advance monies to pay real estate taxes, hazard insurance
premiums and for property protection.

8. The Defendants named herein have or may claim to have an interest in the real property
described in said Mortgage, and as further set out and shown in the Preliminary Judicial Report, attached
hereto as "Exhibit C."

WHEREFORE, Plaintiff demands:

(1) On its First Claim, AS A RESULT OF RECEIVING A DISCHARGE IN BANKRUPTCY
CASE 6:11-bk-63204, NO PERSONAL MONEY JUDGMENT IS BEING SOUGHT AGAINST
DEFENDANT MARK LEWIS STENTZ, ONLY IN REM JUDGMENT IS BEING SOUGHT;

(2) On its Second Claim, that it be found to have a first and best mortgage lien on the premises
described herein for the amount owing together with its advances for taxes, hazard insurance and for
property protection, plus interest; that all Defendants’ equity of redemption be foreclosed; that all of the
parties hereto be required to answer as to their interests in said premises or be forever barred from

asserting any interest therein; that all liens on said premises be marshaled and their priorities determined;

OHFC - Affidavit Amounts Due
OH-98900062-12
2012-04-04 @ 10:15:33 /CMthat said premises be sold as upon execution and the proceeds of said sale be applied according to law;

and such other relief as is just and equitable, and costs.

Morris|Hardwick|Schneider, LLC

 

Austin B. Barnes, III (0052130)
Dean S. Talaganis (0041939)
Attorneys for Plaintiff

3860 Ben Hur Ave., Suite 1
Willoughby, OH 44094

Ph: 866-705-8353

Fax: 678-370-9955
abarnes(@closingsource.net

OHFC - Affidavit Amounts Due
OH-98000062-12
2012-04-04 @ 10:15:33) CMMorris|Hardwick|Schneider, LLC
ATTORNEYS AT LAW

NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT

If your name appears as a Defendant in this Complaint, the following notice applies to you:

1. The purpose of the attached documents is to collect a debt. Any information you provide to
Morris|Hardwick|Schneider, LLC, Attorneys at I.aw will be used for that purpose.

2. The amount of the debt is stated in paragraph one of the Complaint.
3. The Plaintiff as named in this Complaint is the creditor to whom the debt is owed.

4. The debt described in this Complaint and evidenced by the copy of the note attached hereto will
be assumed to be valid by Morris|Hardwick|Schneider, LLC, Attorneys at Law unless, within
thirty days after the receipt of this notice, you dispute the validity of the debt or some portion
thercof.

5. If you notify Morris|fardwick|Schneider, LLC, Attorneys at Law within thirty days of the receipt
of this notice that the debt or any portion thereof is disputed, Morris|Hardwick|Schneider, LLC,
Attorneys at Law will obtain verification of the debt and a copy of the verification will be mailed
to you by Morris|Hardwick|Schneider, LLC, Attorneys at Law.

6. If the creditor named as Plaintiff in this Complaint, is not the original creditor, and if you make a
request to Morris|Hardwick|Schneider, LLC, Attorneys at Law within thirty days from the receipt
of this notice, the name and address of the original creditor will be mailed to you by
Morris|Hardwick|Schneider, LLC, Attorneys at Law.

Our office would prefer that any dispute you raise be placed in writing so there is
an accurate and complete record of the dispute; however, there is no requirement
on your part to make your dispute in writing.

7. Written requests should be addressed to:

Morris|Hardwick|Schneider, LLC
3860 Ben Hur Ave., Suite 1
Willoughby, OH 44094

Phone 866-705-8353

Fax 440-942-6572

This is an attempt to collect a debt and any information obtained will be used for that purpose.

OHFC - Affidavit Amounts Due
OH-98000062-12
2012-04-04 @ 10:15:33 / CMEXHIBIT “A”
TO THE COMPLAINTo_ ®

‘V2 WBCD LOAM # 502798510

 

 

 

 

 

NOTE
Multistate
MOVEMBER 6, 2009 Cincinnati, OHTO
{Date} [city] [state]
862 RIDGECREST DR, WOOBTER, OH 24691-2610
[Property Address]
1. PARTIES

“Borrower” means each person signing at the end of this Note, and the person's successors and assigns. “Lender”
Means FLAGSTAR BANK, PSB, A PEDERALLY CHARTERED SAVINGS BANK.

and its successors and assigns.

2. BORROWER'S PROMISE TO PAY; INTEREST

In return for a loan recelved from Lender, Borrawer promises to pay the principal sum of **##+sONE HUNDRED
FORTY THOUSAND FIVE HUMDRED TWENTY SIX AND NO/1OO#*4ettttreesaeenwnenawereraawene® Dollars
US. $140,526.00 _}, phis interest, to the order of Lender. Interest wil be charged on unpald principal, from the
date of disbursement of the loan proceeds by Lender, at the rale of PIVE percent
(| 5.000%} per year unti 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 cr similar seourity Instrument thal is dated the

same date as this Note and called the “Security Instrument.” The Security Instrument protects the Lender from losses.
which might resuit if Borrower defautts under this Note.

4, MANNER OF PAYMENT
{a) Time

 

Borrower shall make a payment of principal and interest to Lender on the ist day of each month
beginning on JANUARY 1, 2010. Any principal and interest remaining on the 1st day of
DECEMBER, 2039 will be due on that date, which is called the “Maturity Date."

(B) Place

Payment shall be made at
5151 CORPORATE DR
‘TROY, MI 48099-2639

or at such place as Lender may designate in wtiting by notice to Borrower.

(C) Amount

Each monthly payment of principal and interest will be in the amount of U.S. $754.37. 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} Alionge to this Note for payment adjustmenta

Can atlonge providing for payment adjusiments is executed by Borrower together with this Note, the covenants of
the allonge shail 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} (Graduated Payment Allange  []Growing Equity Allonge

L_JOther [specity]

8. 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
firstday of any month. Lender shall accept prepaymenton olher days provided that borrower paysintereston the amount
prepaid for the remainder of the month to the extent required by Lender and permitied by regulations of the Secretary.
tt Borrower makes a partial prepayment, there willbe ne changesin the due date or inthe amountaf the monthly payment
unless Lender agrees In writing to those changes.

6. BORROWER'S FAILURE TO PAY

(A) Late Charge for Ovardue Payments

tf Lender has notreceived the fullmonthly payment required by the Security Instrument, as describad in Paragraph 4(C)
of this Note, by the end of 15 calendar days after the payment is due, Lender may collect a late charge in the
amount of POUR percent ( 4.000% } of the overdue amount of each
payment.

(8) Detautt

¢f Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as tmited by regulations of
the Secretary in the case of paymant defaults, require immediate paymenttin full of he principal balanca remaining due and
all accrued interest, Lender may choose not to exercise this option without waiving its rights in the event cf any subsequent
default. In many circumstances regulations Issued by the Secretary wil fimit Lender's rights to require Immediate payment
in full in the case of payment defaulis. This Note does not authorize acceleration when not parmitted by HUD regulations.
As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.

FHA Multistate Fixed Rate Note - 10/95 Initials: ir
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HAMDEN 02798510

CRIGING, NOTF=1eo ®

V2 WECD LOAN # 502798510
{C) Payment of Costs and Expenses
HtLender has required immediate payment in full, as described above, Lender may require Borrower {o pay costs
and expenses including reasonable and custemary attomeys' fees for enforcing this Note to the extent not prohibited
byapprcabielaw. ‘Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal
is 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 amrounts due. “Notice of dishonor”
means the right to 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 undor this Note will
be given by delivering it or by mailing It by frst class mail to Borrower at the property address above or at a different
address if Borrower has given Lender a nolice of Borrower's different address,

Any notice that must he given to Lender under this Note will be given by first class mail to Lender at the address
stated in Paragraph 4(8) or al a different address if Borrower is given a notice of that different address.

9, OBLIGATIONS OF PERSONS UNDER THIS NOTE

Mt more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
madein this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser
ofthis Note is also obligated to do these things. Any person who takes over these cbligations, including the obligations
of a guarantor, surety or endorser of this Note, 's aiso obligated to keep all of the promises made in this Note. Lender
may enforceilts rights under thts Note against each person individually or againstall signatories together. Any one person
signing this Note may be required to pay all of the amounts owed undar this Note.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.

(Seal)

 

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AES 02798510

ORIGINAL NOTE=1EXHIBIT “B”
TO THE COMPLAINTe _@

MOS 6 EOI g |

200990012326

Filed for Record in
WATKE COUNTY RECORDER
JANE CARMICHAEL

1-18-2009 At 10:35 aa.

MORTGAGE.

96.00
ee ee Retare Pra fore a ky OR Bock 646 Fase Lei - 128

$151 CORPORATE DRIVE

200900012326
TROY, MI 48098 CONCORD TITLE AGENCY INC
PINAL DOCUMENTS, MALI, STOP W-531-1 10945 REED HARTMAN HIGHAY

STE 116
CINCENNATE OH 45242

opay7e

V2 wacD LOAH F 502798510
[Space Above This Llne For Recording Dats}

State of Ohio OPEN-END MORTGAGE

 

 

[FHA Ceae No.
412-6311181-703

 

 

 

MIN: 100052550279851090

THIS MORTGAGE ("Security Instrument’) is given on HOVEMBER 6, 2009,
‘The Mortgagoris Mark L Stents and Martha L Stents, Husband and Wife

whose current mailing address Is 862 RIDGECREST DR
WOOSTER, OW 44691-2610

("Borrower").
“MERS'is Mortgage Electronic Registration Systems, inc. MERS is a separate corporationthatis acting
solely as a nominee for Lender and Lender's successors and aasigns. MERS Is the mortgages under
this Securtty Instrument. MEAS is organized and oxisting under the laws of Delaware, and has an
address and telephone number of PO Box 2026, Flint, Ml 48501-2026, tel, (888) 679-MERS.

FLAGSTAR BANK, FSB, A FEDERALLY CHARTERED SAVINGS BANK
(‘Lender’) is organized and

‘existing under the taws of WHITED STATES OF AMERICA
and has an address of 5151 CORPORATE DR, TROY, MI 49099-2639.

Borrawer owes Lender the principal sum of **ONE MUNDRED FORTY THOUSAND FIVE HURDRED

 

THERTY SIZ AMD HO/10Dtwteresrsnensccurttteessnasenstaeteversereesnzes Dollars
ws. $140,526.00 __). This debt is evidenced by Borrower's note dated tha ne a a8
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this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid
earlier, due and payable on DECEMBER 1, 2039. This Security instrument secures to
Lend i) the repayment of the debt avidenced by the Note, with interest, and all renewals, extensions
and modifications of the Note; (b) the payment 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 essigns) and to the successors and assigns of MERS the following described property
located In WAYNE: County, Ohio:

LEGAL DESCRIPTION ATTACHED HERETO AND NADE A PART HEREOF

 

APE #1 68-00930,000
APD #1 68-00931.000

which hes the address of 862 RIDGECREST DR, WOOSTER,
[sire cay,
Ohio 44691-26209 ("Property Address”);
{Zip Code)

TOGETHER WITH all the Improvements now ot hereafler erected on the property, and all
easements, appurtenances and ficures now or hereatter a part of the property. All replacements and
additions shell 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 Borrawer In this Security Instrument, bul, Ifnecessary to comply with law
or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any of all of those interests, including, but not limited to, the right to foreclose and sell the
Property; and to take any action requined of Lender Including, butt limited to, releasing and canceling
this Security Instrument.

 

BORROWER COVENANTS that Borrower is lawlully seized 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 willdetend generally the tit's lo the Property against
ail 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 constitule a uniform security instrument covaring real
propery.

Borrower and Lender covenant and agree as follows:

UNIFORM COVENANTS.

1, Payment of Principal, Interest and Late Charge. Borrower shail pay when due the principai
‘ot, 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 each
monthly payment, together with the principal andinterest as sat orth in the Note and any late charges,
asum for (a) taxes and special assessments levied or to be levied agalnst the Property, (b) leasehald
payments or ground rents on the Property, and (c) premiums for insurance required under paragrach
4. In any year inwhich the Lendor mustpay a mortgage insurance premium to the Secretary of Housing

tnd Urban Development ("Secretary ot many year in which such premium would have bgon
meh, y

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Fequired if Lender stili held the Security Instrument, each monthly payment shall also include either:
() @ sum for the annual morgage insurance premium to be paid by Lender to the Secretary, or (i) a
monthly charge instead of a mortgage insurance premium ff this Security Inetrument Is held by tho
Secretary, n a reasanable amount to be datermined by the Secratary. Except for the manthly charge
by the Secretary, these llems are called “Escrow Items” and the sums paid to Lender are called
“Escrow Funds.”

Lender may, at any tima, collect and hold amounts for Escrow Items In an aggregate amount not
to exceed the maximum amount that may be required for Borrawer’s escrow account under the Real Estate
‘Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 el seq. and implementing regulations, 24
CFR Pam3500, as they may be amended from time te time ("AESPA’), except thatthe cushion orreserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's
payments are available In the account may not be based on emounts dua for the mortgage insurance
premium,

lithe amounts held by Lender for Escrow items exceed the amounts petmittad to be held by RESPA,
Lender shalt account to Borrawar lor the excess funds as required by RESPA. M the amounts of funds
held by Lender at any time are not sufficlant to pay the Escraw items when due, Lender may notity the
Borrower and require Borrower to make up the shortage as permitted by RESPA,

The Escrow Funds are pledged as additional security for all sums secured by this Security
Instrument. H Borrower tenders to Lender the full payment of ali such sume, Borrower's account shal!
be credited with the balance remaining for ail installment ems {a}, (b), and (c) and eny mortgage
Insurance premium Insteilment that Lender has not become obligated to pay to the Secretary, and
Lender shall promptly refund any excess funds to Borrower. Immediately prior toa foreclosure sale of
the Property or its acquistion by Lender, Borrower's account shall be credited with any balance
remaining for alt installments for itarns (a), (b), and (c},

3. Appllestion of Payments. All payments undet paragraphs 1 and 2 shall be applied by Lender
as follows:

Elst, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;

Second, toany taxes, epecial assessments, leasehold payments or ground rents, andfire, floodand
other hazard insurance premiums, as required;

Third, to Interest due under the Note;

Fourth, to amortization of the principal of the Note; and

Eitth, to late charges due under the Note.

4. Fire, Flood and Other Hazard insurance. Borrower shall insure all improvements on the
Property, whether now in existence or subsequently erected, against any hezards, casualties, and
contingencies, including fire, for which Lender requiras insurance. This insurance shall be maintainod
in the amounts and for the periods that Lender requires, Borrower shall also insure ail improvements
onthe 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 shalll Include loss payable clauses In
favor of, and in a form acceptable to, Lender.

In the event of los, Borrower shalt give Lender immediate notice by mail, Lender may make proot
offoss i not made promptty by Borrower, Each insurance company concemed is hereby authorized and
directed ta make paymenttar such loss directty to Lender, instead of to Borrower and to Lender jointly.
All or any part of the insurance proceeds may be applied by Lender, al its option, either (a) to the
reduction of the indebledness 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 ofthe proceeds lo the principal shalt not
‘extand 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 Instrumant shall be paid to the entity
legaity entitled thereto.

In the event of foreclosure of this Security instrument or other transier of tite 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.

8. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leascholda. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within sixty days afer the execution of this Security Instrument {or within sixty days
ot a later sale or transfer of the Property) and shall continue to oocupy 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 extenualing circumstances existwhich
are beyond Borrower's control. Borrewer shall notify Lendor of any extenuating reyes .

 

 

 

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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 Proporty If the
Property fs vacant or abandoned or the Joan Is in detaut, Lender may take reasonable action to protect
and preserve such vacant or abandoned Property. Borrower shall also be In defaultif Borrower, during
the loan application process, gave materially false or inaccurate information or statements to Lender (or
failed to provide Lender with any material information) in connection with the loan evidanced by the
Note, Including, but not Iimtted to, representations concerning Borrower's occupancy of the Property
@s a principal residence. If this Security Instumentis on a leasehold, Sorrower shall comply with the
Provisions of the lease. f Borrower acquires fee title to the Property, the leasehold and fee title shall not
be morged unless Lender agrees to the merger in writing.

6, Condemnation. The proceeds of any award or claim for damages, direct or consequential, it
connection with any condemnation ar other taking ofany partofthe Property, or for conveyancein placa
of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of
the Indebtedness thal remains unpaid under the Note and this Security Instrument. Lender shail apply
such proceeds to the reduction of the indebtedness under the Note and this Security instrument, first
to any delinquent amounts applied in the arder provided in paragraph 3, and then to prepayment of
principal. Any application of the proceeds to the principal shafl not extend or postpone the dus date of
the monthly payments, which are referred to in paragraph 2, cr change the amount of such payments.
Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and
this Seourity Instrument shail be paid to the entity logally antitled thereto.

7. Charges to Borrower and Protection of Lender's Rights In the Property. Borrower shail pay
ail governmental or municipal charges, fines and Impositions that are not included In paragraph 2.
Borrower shall pay these obligations on time directly to the entity which is owed the payment. Hf failure
to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall
prompily fumish to Lender receipts evidencing these payments.

if Borrower fails to make these payments or the payments required by paragraph 2, or falls to
Perform any other covenants and agreements contained in thls Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights In the Property (such as a procaeding In
bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever
is necessary to protect the value of the Property and Lender's rights in the Property, including payment
of taxes, hazard insurance and other items mentioned in paragraph 2,

‘Any amounts disbursed by Lender under this paragtaph shall become an additional debt of
Borrower and be secured by this Security Instrument. These amounts shall bear Interest from the
date of disbursement, at the Note rate, and at the option cf Lender, shall be immediately due
and payable,

Borrower shall promptly discharge any len 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; (b) contests in good falth the lien by, or defends against enforcement of the lien
in, legat proceedings which In the Lender's opinion operate to prevent the enforcement of the lien; of
(c) secures from the holder of the lien an agreament satisfactory to Lender subardinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subjoct to a flen which may
attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take ons or more of the actions set forth above within 10 days of the
giving af notice,

8. Fees, Lender may collect fees and charges authorized by the Secretary.

8. Grounds for Accoleration of Debt.

(a) Dafault Lender may, except as limited by regulations issued by the Secretary, In the cage
of payment defaults, require immediate payment in full of all sums secured by this Security
Instrument If:
() Borrower detauits by falling to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(Borrower defautts by falling, for a period of thirty days, to perform any other obligations
contained in this Security Instrument,
{b} Sale Without Credit Approval. Lender shall, it permitted by appilcable law (inaluding
Section 341 (d) of the Garn-SL Germain Depository Institutions Act of 1982, 12 U.S.C. 1701}3(¢)}
‘and with the prior approval of lhe Secretary, require immediate payment in full of all sums.
secured by this Security Instrument it:
(Alor part of the Property, or a beneficial interest in a trust owning all or part of the
Property, is sold or othenwise transferred (other than by devise or descent}, and
(i) The Property is not occupled by the purchaser or grantee as his or her principal
residence, or the purchaser or grantee does so occupy the Property but his or her credit
has not been approved in accordance wih the requirements of the Secretary, ¢

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(¢) No Walvar. Itcircumstances occur that would permit Lender torequire Immediate payment
invtull, but Lender does notrequire such payments, Lender does notwalve its rights with respect
to subsequent events.

(@) Regulations of HUD Secrutary. in many circumstances regulations issued by the
Secretary will limit Lender's rights, in the case of payment dotaults, to require Immediate
payment In full and foreclose if not paid. This Security Insyument does not authorize
acceleration of foreciosure if not permitted by regulations af the Secretary.

(@) Mortgage Not Insured. Borrower agrees thet if this Security Instrument and the Note are
not determined (6 be eligible for insurance under the National Housing Act within 60 days from
the date hereof, Londer may, atits option, require immediate payment in full ofallsums secured
by this Securtty Instrument, A written statement of any authorized agent of the Secretary dated
subsequent fo 60 days from the date hereof, declining to insure this Security Instrument and
the Nota, shall be deemed conclusive proof of such Inaligibliity. Notwithstanding the foregoing,
this option may not be exercised by Lender when the unavailability of insurance Is solely due
to Lender's fallure to remit a morigage insurance premiums to the Secretary.

10. Reinstatement. Borrower has a tight to be reinstated Hf Lender has required immediate
payment in full because of Borrower's failure to pay an amount due under the Note or this Security
Instrument, This right epplies even after foreclosure proceedings ara instituted. To rainstate the Security
Instrument, Borrower shall tender in @ limp sum all amounts required to bring Borrower's account
‘currant including, to the extent they are abligations of Borrower under this Securlty Instrument,
foreclosure costs and reasonable and customary attoriays" fees and expenses properly associated
with the foreclosure proceeding. Upon reinstatoment by Barrower, this Security instrument and the
obligations thatitsecures shall remain in effect as if Lender had not required immediate payment in full.
However, Lander Is not required to permit reinstatement it: () Lender has accepted reinstatement after
the cammencement of foreclosure proceedings within two years immediately preceding the
commencement of a current foreclosure proceeding, {ij reinstatement will preclude foreclosure on
different grounds In the future, or {ill} reinstatement will adversely affect the priority of the lien created
by this Security Instrument.

11, Borrower Mot Released; Forbearance By Lender Not e Walver. Extension of the time of
payment or modification of amortization of the sums secured by this Security instrument granted by
Lender to any successor in interest of Borrower shall net operate to ralease the liability of the original
Borrower or Borrower's successor in interest. Lender shall nat be required to commence proceedings
against any sucoesscr In Interest or rafuse to extend time for payment or otherwise modity amortization
ofthe sums secured by this Security Instrument by reason of any demand made by the original Borrower
or Borrower's successors in interest. Any forbearance by Lendarin exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.

12. Suocessora and Assigns Bound; Joint and Several Liability; Co-Signers, The covenants
and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender
and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shalt
bejointand several. Any Borrowerwho co-signs this Security Instrument but does notexecute the Note:
(@) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's Interest
Im the Property under the terms of this Security instrument; (b) is not personally obligated to pay the
‘sums secured by this Security Instrument; and {c) agrees that Lender and any other Borrower may
agree to extend, modity, forbear or make any accommodations with regard to the terms af this Security
Instrument or the Note without that Borrower's consent.

13. Notloes. Any notice to Borrower provided for in this Security Instrument shali be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. Tha
notice shall be directed to the Property Addrass or any other address Borrower designates by notice
to Lender. Any notice to Lender shail be given by first class mail to Lender's address slated herain or
any addross Lender designates by notice to Borrower, Any notice provided for in this Security Instrument
shall be deemed te have been given to Borrower or Lender when given as provided In this paragraph.

14. Goveming Law; Severability. This Security Instrument shall be governed by Federal law and
the law of the Jurisdiction in which the Propeity is located. In the event that any provision or clause of
this Security Instrument or the Note conflicts with applicable law, such confict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note ere declared to be severable,

15, Borrower's Copy. Borrower shall be given ona conformed copy of the Note and of this Security
Instrument,

18. Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal,
storage, of release of any Hazardous Substances on or in the Property. Borrower shall natdo, nor allow
anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The

Precading two sentences shall not apply to the presence, use, or storage on the Property 4 srgall
FHA Ohio Mortgage - 4/66 Initials: .
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quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses end to maintenance of the Property.

Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. if Borrower
loams, or is notified by any governmental or regutatory authority, that any removat or other remediation
of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions In accordance with Environmental Law,

As used in this paragraph 16, "Hazardous Substances” are those substances defined as toxic or
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
flammable ot toxic petroleum products, toxic peaticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16,
“Environmental Law” means tederal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree @s follows:

17. Assignment of Rents, Borrower unconditionally assigns and tranefers to Lender all the rents
and revenues of the Property. Borrower authorizes Lendar or Lender's agents to collect the rents and
revenues and hereby directs each tenant of the Property to pay the rents 1o Lender or Lender's agents.
However, prior to Lender's notice to Borrower of Borrower's breach of any covenent or agreement In
‘the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as
trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute
assignment and not an assignment for additional security only,

If Lender gives notice of breach to Borrower: (a) all rents cecelved by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Securtty
{ngtrument; (b) Lender shail bs entitled to collect and receive all of the rents of the Property; and (c) each
tenant of the Property shall pay all rents due and unpaid to Lender or Lender’s agenton Lender's written
demand to the tenant.

Borrower has not executed any prior assignment of the rents and has not end will not perform any
act that would prevent Lender from exercising iis rights under this paragraph 17.

Lender shall not be required to eniter upon, take contro! of or maintain the Property before of after
giving notica of breach to Borrawer. However, Lender or a judicially appolnted receiver may do so at
‘any time there is a breach. Any application of rents shall nat cure or waive any default or invalidate any
other right or remedy of Lender. This assignment of rents of the Property shail terminate when the debt
secured by the Security Instrument is paid in ful,

18. Foreclosure Procedure. It Lender requires immediate payment tr full under paragraph 9,
Lander may foreclose this Security Instrument by judiclal proceeding, Londer shat! be entitled to
collect all expenses Incurred in pursuing the remedies provided tn this paragraph 18, tnclucing,
but not limited to, costs of title evidence.

If the Lender's interest [n thls Security instrument Is held by the Secretary and the Secretary
requires immediate payment In full under Paragraph 9, the Secretary may invoke the nonjudiclal
power of sala provided in the Single Family Mortgage Forectoaura Act of 1994 (“Act”) (12 U.S.C.
3751 ot #0q,) by requesting a foreclosure commissioner designated under the Acl to commence
foraclosure and to sell the Property as provided in the Act. Nething In the preceding sentence

shall deprive the Secrolary of any rights otherwise avaliable to a Lender under this Paragraph 18
or applicable law.

19. Release. Upon payment of all sums secured by this Security Instrument, Lender shail
discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation
costs.

20. Advances to Protect Securtty. This Security Instrument shail secure the unpaid balance of
advances made by Lender, with respect to the Property, for the payment of taxes, assessments,
insurance premlums and costs incurrad for the protection of the Property.

21. Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument, the covenants of each such rider shall be Incorporated
into and shall amend and supplement the covenants and agreaments of this Seourity Instrument as i
the rider(s) were part of ihis Securty Instrument.

[Check applicable box(es}}
[Condominium Rider COiGrowing Equity Rider] Planned Unit Development Rider
[Graduated Payment Rider C—_]Other{s} [specify]

nay
FHA Odio Mortgage - 4/96 Initials:

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HO64E AMUEO 1 87

W2 WBCD LOAN f 502798510
BY SIGNING BELOW, Borrower accepts and agrees to the tons contained in this Sesurity
Instrument and in any rider(s) executed by Borrower and recordad with it,

(Seal)

   

State of OHIO mak ae & STENT
ate 0:
County of mamanaan W477 Martha L Stentz

Tha foregoing instruncnt was acknowledged before mo this Your G, Ivo 4
(aate) by Viank 6, ond Morhe, b. Mant,

 

 

 

(nana(s) of person(s) avknowledged).

(Signature df Person Taking Acknowledgement)
(Bitle or Rank) Dring Publi

(Serial number, if any}

 

My comission expires: 1-2-9 ~ 0

  

CAROLE B. BRECKGILL

Notary Publi, State of Ohio
=e re ‘My Gomanission Exes 01-22-2012

‘This instrument was prepared by:

BRIAS HEFF

FHA Ohio Mortgage - 4/06
Onfine Documents, inc. Page 7 of 7 OHEFHADE 0606
11-06-2009 9146MO6K6 AKO I Eg

Tnstrunent,
200900012326 OR

EXHIBITA
PARCEL NO. 1

‘SITUATED IN THE CITY OF WOOSTER, COUNTY OF WAYNE AND STATE OF OHIO:

KNOWN AS BEING ALL OF IN-LOT NO, 4454 IN THE LANDES SUBDIVISION PARKVIEW
ALLOTMENT NUMBER I OF PART OF THE EAST PART OF THE NORTHEAST QUARTER OF
SECTION 5, TOWNSHIP 15, RANGE 13 AS SHOWN BY THE RECORDED PLAT IN VOLUME 5 OF
MAPS, PAGE 243 OF THE WAYNE COUNTY RECORDS, BE THE SAME MORE OR LESS, BUT
SUBJECT TO ALL LEGAL HIGHWAYS.

SUBJECT TO PROTECTIVE COVENANTS OF RECORD AS SHOWN BY PLAT RECORDED IN
VOLUME 5, PAGE 407, WAYNE COUNTY, OHIO PLAT RECORDS.

PARCEL NO. 2

SITUATED IN THE CITY OF WOOSTER, COUNTY OF WAYNE AND STATE OF OHIO:

KNOWN AS BEING IN-LOT NO. 4455 IN THE LANDES SUBDIVISION PARK VIEW ALLOTMENT
NUMBER | AS PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 15, RANGE
13, AS SHOWN BY THE RECORDED PLAT IN VOLUME 5, PAGE 243 OF THE WAYNE COUNTY
PLAT RECORDS.

BEING THE SAME PREMISES CONVEYED TO MARK L, STENTZ AND MARTHA L. STENTZ,
RUSBAND AND WIFE [IN BOOK 569 PAGE 2555 DATED FEBRUARY 21, 2005 AND RECORDED
APRIZ 4, 2005 OF SAID COUNTY RECORDS.

COMMONLY KNOWN AS; 862 RIDGECREST DRIVE WOOSTER, OH 44691

PID: 68-00930.000 & (0931.00

Book Pose
645 181i © ®

 

 

Tastrunant
ETHOSER Ee on BRE TSG

2nd o00t 2438

Filed for Record in
WAMNE ECUNTY RECORDER
SANE CARMICHAEL, RECCROER

12-22-2011 Ab O26 Pu.
ASSTGHNEAT

40.09
OR Bock 72 Pose 1719 ~ 1912.

2OLINNNLS438

OHIO TITLE CORPORATIDK

785 PEARL. ROAD

MIODLEBURG Hts OH 44120-4960

MORTGAGE ASSIGNMENT
MIN; 100052650279851090 MERS Phone. 1-888-679-6377

FOR VALUE RECEIVED, as of November 14, 2011, the undersigned, Mortgage
Electronic Registration Systems, Inc, a3 Nominee for Flagstar Bank, FSB, its
successors and assigns, does hereby sell, transfer, and assign to FLAGSTAR BANK,
FSB, 5151 Corporate Drive, Suite 3-142, Troy, Mt 48098-2639, its successors and
assigns, all its right, title and interest in and to that certain mortgage in the original
principal sum of $140,526.00, made, executed and delivered by Mark L Stentz and
Martha L Stentz, husband and wife, ta Mortgage Electronic Registration Systems, Inc. as
nominee for Flagstar Bank, FSB, conveying the premises described in Exhibit "A"
attached hereto, November 6, 2009, said mortgage being recorded as Instrument No.
200900012326 in Volume 646, Page 181, in the Office of the Recorder of Wayne
County, Ohio on November 18, 2009. Permanent parcel number 6B-C0930.000 and 63-
00931.000.

IN WITNESS WHEREOF, Mortgage Electronic Registration Systems, Inc. as
nominee for Flagstar Bank, FSB, has caused this assignment to be executed by

” TUDES. ts Vice epssmipeer— this St day of Alonenaeen

2011.

Mortgage flectonic Regletration Syste,
minge for Flagstar Bank, FSB

       

tts:__VICE Presi:Tnateuwent bo 2
zupnsiaise on "e8h ai

STATE OF MICHIGAN )
) 8s.
COUNTY OF OAKLAND: )

BEFORE ME, a Notary Public in and for said County and Slate, personally
appeared _ LINDSAY D. VULIEVIC_ the _ VICE PRESIDENT of Morigage Electronic

- Registration Systems, inc, as nominee for Flagstar Bank, FSB named herein and which

executed the within instrument, who acknowledged that said instrument was signed on
behalf of said corporation with the authority of its Board of Directors, that the signing of
said instrument was his free act and deed, individually and as an officer of the
corporation, and the free act and deed of sald corporation.

IN TESTIMONY WHEREOF, | have hereunto set my hand and official seal at

— Voy Micaigan this __ Bob, day of :

Mimiemier 20

Nt YY PUBLIC

NICOLE FOX

NOTARY PUBLIC, Macomb County,
This instrument Prepared By: ‘My Commission Expires July 18, 20
Cartiste, McNelle, Rini, Kramer & Ulrich Co., UE. Anating in Oskiandl County, ki
24755 Chagrin Boulevard, Suite 200
Cleveland, Ohio 44122-5690
216-360-7200
CMRKU #17-5852

 

When Recorded Rennes | 3

Obio Title Corp.
708s Pear Road SN WED 2
Ohio 44130-4950

Middieburg leigh—___ @ e

Instrueent Fook Pose
soviboordsz2 on 25g (529

EXHIBIT A
LEGAL DESCRIPTION

Parcel No. 1

Situated in the City of Wooster, County of Wayne and State of Ohio:

Known as being all of in-lot no, 4454 in the Landes Subdivision Parkview Allotment
Number 1 of part of the East part of the Northeast Quarter of Section 5, Township
15, Range 13 as shown by the recorded plat in volume 5 of Maps, Page 243 of the
Wayne County Records, be the same more or less, but subject to all legal highways.

‘Subject to protective covenants of record as shown by plat recorded in volume 5,
page 407, Wayne County, Ohio Plat Records.

Parcel No, 2

Situated in the City of Wooster, County of Wayne and State of Ohio:

Known as being in-fot no. 4456 in the Landes Subdivision Parkview Allotment
Number 4 as part of the Northeast Quarter of Section 5, Township 15, Range 13, as
shown by the Recorded Plat in Volume 5, Page 243 of the Wayne County Plat
Records.

Being the same premises conveyed to Mark L. Stentz and Martha L. Stentz,
husband and wife In Book 509, Page 2555 dated February 21, 2005 and recorded
April 4, 2005 of said county records.

Permanent Parcel Number(s): 68-00930.000 and 68-00931.000

Property commonly known as: 662 Ridgecrest Drive, Wooster, OH 44691

END OF LEGAL DESCRIPTIONEXHIBIT “C”
TO THE COMPLAINTPRELIMINARY JUDICIAL REPORT
issued by First American Title Insurance Company

WAYNE COUNTY COURT OF COMMON PLEAS ORDER NO.: FOH-120200063T
CASE # POLICY NO.: 5067339-0005998E.

Guaranteed Party Name: — Purchaser at Sheriffs Sale
Guaranteed Party Address: To Be Determined
City, State Zip Code: To Be Determined

Pursuant to your request for a Preliminary Judicial Report (hereinafter "the Report") for use in judicial
proceedings, FIRST AMERICAN TITLE INSURANCE COMPANY (hereinafter "the Company”)
hereby guarantees in an amount not to exceed $137,376.74 that it has examined the public records in
Wayne County, Ohio as to the land described in Schedule A, that the record title to the land is at the
date hereof vested in MARK L. STENTZ AND MARTHA L. STENTZ by instrument recorded in
Official Record Volume 509, Page 2555, Recorder's Office, Wayne County, Ohio and free from all
encumbrances, liens or defects of record, except as shown in Schedule B.

This is a guarantee of the record title only and is made for the use and benefit of the Guaranteed Party
and the purchaser at judicial sale thereunder and is subject to the Exclusions from Coverage, the
Exceptions contained in Schedule B and the Conditions and Stipulations contained herein.

This Report shail not be valid or binding until it has been signed by either an authorized agent or
representative of the Company and Schedules A and B have been attached hereto.
Effective Date: March 30, 2012 at 06:59 AM

First American Title Insurance Company

By
Dean Talaganis
LandCasile Title, LLC
Authorized Signatory or Agent

EXCLUSIONS FROM COVERAGE

1. The Company assumes no liability under this Report for any loss, cost or damage resulting from any physical
condition of the Land.

2. The Company assumes no liability under this Report for any loss, cost or damage resulting from any
typographical, clerical or other errors in the Public Records.

3, The Company assumes no liability under the Report for matters affecting title subscquent to the date of this
Report or the Final Judicial report or any supplement thereto.

4, The Company assumes no liability under this Report for the proper form or execution of any pleadings or other
documenis to be filed in any judicial proceedings.

5. The Company assumes no Jiability under this Report for any loss, cost, or damage resulting from the failure to
complete service on any parties shown in Schedule B of the Pretiminary Judicial! Report and the Final Judicial

Report or any Supplemental Report issued thereto.

OF _PretiminanJudieiatRepoetsdwe FOH.)202000¢3T
DT 1p 02922012 rex 0410212 @01379Me @

FIRST AMERICAN TITLE INSURANCE COMPANY

ORDER NO.: FOH-120200063T
POLICY NO.: 5007339-0003998E

PRELIMINARY JUDICIAL REPORT
SCHEDULE A

DESCRIPTION OF LAND

PARCEL NO. 1: (Lot No. 4454)
Situated in the City of Wooster, County of Wayne and State of Ohio:

Known as being all of In-Lot No. 4454 in the Landes Subdivision Parkview Allotment Number 1 of part of the East
part of the Northeast quarter of Section 5, Township 15, Range 13 as shown by the recorded Plat in Volume 5 of
Maps, Page 243 of the Wayne County Records, be the same more or less, but subject to all legal highways.

Subject to protective covenants of record as shown by Plat recorded in Volume 5, Page 407, Wayne County, Ohio
Plat Records.

PARCEL No. 2: (Lot No, 4455 - Vacant Land)
Situated in the City of Wooster, County of Wayne and State of Ohio:

Known as being In-Lot No. 4455 in the Landes Subdivision Parkview Allotment Number | as part of the Northeast
quarter of Section 5, Township 15, Range 13, as shown by the recorded Plat in Volume 5, Page 243 of the Wayne

County Plat Records.

Parcel] Nos. 68-00930.000 (Lot No. 4454) and 68-00931.000 (Lot 4455 - VACANT LAND)
Property Address: 862 Ridgecrest Drive, Wooster, Ohio 4469]

Prior Deed Reference: Official Record Volume 509, Page 2555

SCHEDULE B
The matters shown below are exceptions to this Preliminary Judicial Report and the Company assumes
no liability arising therefrom.

1. Easements, Restrictions, Building Set Back Lines, Covenants and Conditions of record, and any
other matters of record, as shown by the plat recorded in Volume 5 of Maps, Page 243,
Recorder's Office, Wayne County, Ohio.

2, Protective Covenants filed for record in Volume 5, Page 407A, Recorder's Office, Way