10-04-2022 Joshua Bishop ForeclosureI \
ELECTRONICALLY FILED
Truist Bank, successor by merger to SunTrust Bank
vs.
2022 Oct 04 PM 5:19 .
CLERK OF THE SALINE COUNTY DISTRICT 060~ l=" Iv ED
CASE NUMBER: SA-2022-CV-000194 ' • -._
Joshua Bishop et. al.
SUMMONS
To the above-named Defendant/Respondent:
City of Salina, Kansas
300 W Ash St., Room 202
Salina, KS 67401
Pit COMPLIANT
2022 OCT -7 AM l I : 2 7
S"LINE COUNTY SHERIF F
You are hereby notified that an action has been commenced against you in this court. You are required to file your
answer or motion under K.S.A. 60-212, and amendments thereto, to the petition with the court and to serve a copy upon:
Christina Erin Carr
612 Spirit Drive
Chesterfield, MO 63005
within 21 days after service of summons on you.
Clerk of the District Court
Electronically signed on 10/06/2022 09:35:32 AM
Documents to be served with the Summons:
PLE: Petition Petition for Mortgage Foreclosure
State of Kansas. county of Saline. S.S.
I hereby certify the within t? be a
true copy of the original writ with the
endorsements thereof.
~~k
Sntuiff
\ .
Millsap & Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
ELECTRONICALLY FILED
2022 Oct 04 PM 5:19
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2022-CV-000194
Pll COMPLIANT
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
Truist Bank, successor by merger to ) Cause No.
SunTrust Bank ) Court No.
Plaintiff, )
) Title to Real Estate Involved
vs. )
) Pursuant to K.S.A. §60
Joshua M Bishop aka Josh Bishop )
Serve At: )
516 Brown Street )
Salina, KS 67401 )
And to: )
2209 Eureka Ave )
Centralia, WA 98531 )
)
Sarah Bishop aka Sarah Gibson )
Serve At: )
900 Sheridan St )
Salina, KS 67401 )
And to : )
516 Brown Street )
Salina, KS 67401 )
And to: )
2209 Eureka Ave )
Centralia, WA 98531 )
)
John Doe )
Serve At: )
516 Brown Street )
Salina, KS 67401 )
)
Jane Doe )
Serve At: )
516 Brown Street )
Salina, KS 67401 )
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MS File No. 205734.415106 KJFC
' .'
Federal Home Loan Bank of Topeka )
Serve At: )
One Security Benefit Place )
Suite 100 )
Topeka, KS 66606 )
)
Carl B. Davis as Chapter 13 Bankruptcy )
Trustee )
Serve At: )
300 W Douglas Suite 650 )
Wichita, KS 67202 )
)
City of Salina, Kansas )
Serve At: )
300 W Ash St., Room 202 )
Salina, KS 67401 )
)
Kansas Department of Revenue )
Serve At: )
Kansas Attorney General's Office )
120 SW 10th Ave. #2 )
Topeka, KS 66612 )
)
Kansas Department for Children and )
Families )
Serve At: )
Office of the Secretary )
555 S. Kansas Avenue )
Topeka, KS 66603 )
And, )
)
The Unknown Heirs, executors, )
Administrators, devisees, trustees, )
Creditors, and assigns of Any deceased )
defendants; the unknown spouses of any )
defendants; the unknown executors, )
administrators, devisees, trustees, creditors, )
successors and assigns of any defendants )
that are or were partners or in partnership; )
and the unknown guardians, conservators )
and trustees of any defendants that are )
minors or are under any legal disability and )
all other person who are or may be )
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MS File No. 205734.415106 KJFC
concerned;
Defendants.
)
)
)
PETITION FOR MORTGAGE FORECLOSURE
COMES NOW Plaintiff, Truist Bank, successor by merger to SunTrust Bank, by and
through counsel, Millsap & Singer, LLC, and for its cause of action against Defendants states
and alleges as follows:
l. Plaintiff is duly authorized by law to conduct business in the State of Kansas.
2. Defendant, Joshua M Bishop aka Josh Bishop has an interest in the underlying
Property that is the subject of this suit located in Saline County, Kansas and may be served by
delivery of the petition and summons to 516 Brown Street, Salina, KS 6740 l , and to 2209
Eureka Ave, Centralia, WA 98531.
3. Defendant, Sarah Bishop aka Sarah Gibson has an interest in the underlying
Property that is the subject of this suit located in Saline County, Kansas and may be served by
delivery of the petition and summons to 516 Brown Street, Salina, KS 67401, and to 900
Sheridan St, Salina, KS 67401, and to 2209 Eureka Ave, Centralia, WA 98531.
4. Defendant, Jane Doe has an interest in the underlying Property that is the subject
of this suit located in Saline County, Kansas and may be served by delivery of the petition and
summons to 516 Brown Street, Salina, KS 67401.
5. Defendant, John Doe has an interest in the underlying Property that is the subject
of this suit located in Saline County, Kansas and may be served by delivery of the petition and
summons to 516 Brown Street, Salina, KS 67401.
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I_
6. Defendant, Carl B. Davis as Chapter 13 Bankruptcy Trustee has an interest in the
underlying Property that is the subject of this suit located in Saline County, Kansas and may be
served by delivery of the petition and summons to 300 W Douglas Suite 650, Wichita, KS
67202.
7. Defendant, City of Salina, Kansas has an interest in the underlying Property that
is the subject of this suit located in Saline County, Kansas and may be served by delivery of the
petition and summons to 300 W Ash St., Room 202, Salina, KS 67401.
8. Defendant, Federal Home Loan Bank of Topeka has an interest in the underlying
Property that is the subject of this suit located in Saline County, Kansas and may be served by
delivery of the petition and summons to One Security Benefit Place, Suite 100, Topeka, KS
66606.
9. Defendant, Kansas Department for Children and Families has an interest in the
underlying Property that is the subject of this suit located in Saline County, Kansas and may be
served by delivery of the petition and summons to 555 S. Kansas Avenue, Topeka, KS 66603.
10 . Defendant, Kansas Department of Revenue has an interest in the underlying
Property that is the subject of this suit located in Saline County, Kansas and may be served by
delivery of the petition and summons to 120 SW 10th Ave. #2, Topeka, KS 66612.
11. Plaintiff seeks to serve by publication all those known and unknown parties as set
forth in K.S.A. §60-307.
12. The Property which is the subject of this action ("Property") is known and
numbered as 516 Brown Street, Salina, KS 67401 and is legally described as follows:
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MS File No. 205734.415106 KJFC
..
LOT FIVE (5), BLOCK ONE (1), BROWN'S ADDITION TO THE CITY OF
SALINE, SALINE COUNTY, KANSAS. Parcel ID No. 07896
13. On May 13, 2009, Joshua M Bishop executed a Note ("Note") in exchange for
loaned funds in the principal sum of $91,315.00, together with interest. The Note provides that
the principal and interest are payable in monthly installments until fully paid. A true and correct
copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference.
14. On May 13, 2009, Joshua M Bishop and Sarah Bishop executed a Mortgage
("Mortgage") to Mortgage Electronic Registration Systems, Inc. as nominee for Banlc VI, A
Corporation to secure repayment of the Note. A true and correct copy of the Mortgage 1s
attached hereto as Exhibit "B" and incorporated herein by reference.
15 . The Mortgage was recorded on May 13, 2009 in the office of the Register of
Deeds for Saline County in Book 1193 Page 4. The mortgage registration tax was paid in full.
16. Said Mortgage was assigned to Suntrust Mortgage, Inc. by an Assignment of
Mortgage recorded on May 21, 2013 as Book 1266 Page 31 in the office of the Register of Deeds
for Saline County. A true and correct copy of said Assignment is attached hereto as Exhibit "C"
and incorporated herein by reference.
17. Plaintiff is the successor by merger to Suntrust Mortgage, Inc. and is entitled to
enforce the provisions of the Note and Mortgage. Copies of the Certificates of Mergers are
attached hereto as Exhibit "D" and incorporated herein by reference.
18. Plaintiff is the current holder of the Note, is entitled to enforce the terms and
provisions of the Note and Mortgage, and has the right to foreclose through this suit.
19. The Mortgage provides that the mortgagors will promptly pay the principal and
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MS File No. 205734.415106 KJFC
,
interest of the indebtedness evidenced by the Note at the same time and in the same manner
therein provided and if there shall be a default in any of the terms, conditions or covenants of the
Mortgage or of the Note secured thereby, then any sums owing by the mortgagors to the
mortgagee shall, at the option of the mo1tgagee, become immediately due and payable and that
the mortgagee shall have the right to foreclose on said Mortgage.
20. Joshua M Bishop and Sarah Bishop aka Sarah Gibson have failed, neglected and
refused to make the payments due under the Note and Mortgage from March 1, 2020, and they
are in complete default and the conditions and covenants contained in said Note and Mortgage
have been broken and Plaintiff has exercised its right to declare the entire amount due on and
owing under and by virtue of the Note, the entire sum secured by the Mortgage. Notice of the
default has been given according to the terms of the Mortgage. The Mortgage is subject to
foreclosure and should be foreclosed and the Property should be advertised and sold according to
law to pay all or a portion of said indebtedness due Plaintiff.
21. As a result of the foregoing default, there is now due and owing the sum of
$98,245.48 together with interest thereon as stated in the Note until paid in full , and Plaintiff's
costs incurred herein, including but not limited to, title search expenses advanced by Plaintiff,
publication costs, taxes and any other sums which Plaintiff has or may hereafter advance and pay
under the terms and conditions of said Note and Mortgage, including reasonable attorney fees.
22. At the time of the default in the payment of Plaintiffs mortgage herein above
described, less than one-third of the original indebtedness secured by the Mortgage had been
paid and the defendant owner's right of redemption should be limited to three (3) months from
date of sale.
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MS File No. 205734.415106 KJFC
23. Joshua M Bishop aka Josh Bishop is the title owner of the Property. Any such
interest is subject to Plaintiffs first lien position.
24. Defendants John Doe and Jane Doe may have a possessory interest m the
Property. Any such interest is junior, inferior and subject to Plaintiffs first lien position.
25. Defendant City of Salina, Kansas may have an interest in the Property as a result
of a Notice of Pending Assessment recorded on August 24, 2020, in Book 13 78 Page 577 in the
original amount of $152.50, and a Notice of Pending Assessment recorded on January 11 , 2021 ,
in Book 1386 Page 707 in the original amount of $263.61. Any such interest is junior, inferior
and subject to Plaintiffs first lien position.
26 . Defendant Federal Home Loan Bank of Topeka may have an interest in the
Property as a result of a Subordinate Mortgage recorded on May 13, 2009, in Book 1193 Page 10
in the original amount of $4,000.00. Any such interest is junior, inferior and subject to Plaintiffs
first lien position.
27. Defendant Kansas Department for Children and Families may have an interest in
the Property as the result of a judgment entered in Case Number 1 ODM360. Any such interest is
junior, inferior and subject to Plaintiffs first lien position.
28 . Defendant Kansas Department of Revenue may have an interest in the Property as
a result of a Tax Warrant filed on January 14, 2020, Case Number 20ST15, in the amount of
$724. 75 . Any such interest is junior to Plaintiffs first lien position.
29. Defendant Carl B Davis, Chapter 13 Bankruptcy Trustee, may have an interest in
the Property by virtue of serving as Bankruptcy Trustee in Case Number 18-11980 filed in the
United States Bankruptcy Court, District of Kansas, Wichita Division. Plaintiff has obtained
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MS File No. 205734.41 5106 KJFC
~ . .....
relief from the automatic stay imposed under Sections 362 and 1301 of Title 11 , United States
Code, as demonstrated by the Order Granting Relief from Automatic Stay and Relief from Co-
Debtor Stay ("Order") entered May 5, 2022. A copy of said Order is attached hereto as Exhibit
"E" and incorporated herein by reference. Any such interest is junior, inferior, and subject to
Plaintiffs first lien position.
30. Unknown Heirs may assert some interest m the Property by virtue of their
occupancy of the Property but any such interest is inferior and subordinate to the lien of the
Plaintiff.
31. If any Defendant Borrower is or has been a Chapter 13 bankruptcy debtor, and the
Plaintiff has obtained relief from the automatic stay imposed by 11 U.S.C. §362 in a bankruptcy
proceeding, and thereafter such Defendant Borrower converted to a Chapter 7 proceeding, and a
discharge was granted, that Defendant Borrower will have no personal liability in this action. If
the Defendant Borrower was a Chapter 7 debtor and this debt was listed in Defendant
Borrower's schedules and not reaffirmed, and thereafter a discharge was granted, then that
Defendant Borrower will have no personal liability in this action.
32. None of the Defendants are subject to the provisions of the Servicemembers Civil
Relief Act of 2004, as amended.
33. The Mortgage constitutes a first and prior lien against the Property, subject only
to any delinquent real estate taxes.
WHEREFORE, Plaintiff prays for an in personam judgment against Joshua M Bishop
aka Josh Bishop and his interest in and to the Property, and an in rem judgment against Sarah
Bishop aka Sarah Gibson and her interest in and to the Property in the sum of $98,245.48,
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MS File No. 205734.415106 KJFC
together with interest thereon as stated in the Note until paid in full, Plaintiffs costs incurred
herein, including but not limited to, title expenses advanced by Plaintiff, publication costs, taxes
and any sums which Plaintiff has or may hereafter advance and pay under the terms and
conditions of said Note and Mortgage, including reasonable attorney fees.
Plaintiff further prays that the Mortgage of Plaintiff hereinabove described be decreed to
be a valid first and prior lien upon the Property and that the Mortgage be foreclosed and that the
Property be ordered sold according to the law and the proceeds of said sale be applied as follows:
FIRST:
SECOND:
THIRD:
FOURTH:
To the action payment of costs and accruing costs of this action;
To the payment of any real property taxes that may be due and unpaid
upon the Property;
To the payment of the indebtedness due this Plaintiff as hereinbefore set
forth;
The surplus to be paid in accordance with the order of the Court herein.
Plaintiff further prays that Joshua M Bishop aka Josh Bishop, Sarah Bishop aka Sarah
Gibson, Jane Doe, John Doe, Carl B. Davis as Chapter 13 Bankruptcy Trustee, City of Salina,
Kansas, Federal Home Loan Bank of Topeka, Kansas Department for Children and Families,
Kansas Department of Revenue and the Unknown Heirs be forever barred and restrained from
setting up and claiming any right, title, interest, estate, equity or lien in, to, or upon the Property
or any part thereof except the equity of redemption under the Sheriffs Sale that shall be limited
to three (3) months from the date of said sale and for such other and further relief as the court
may deem just and proper.
Plaintiff further prays that the Sheriff of Saline County, Kansas be ordered to execute to
the purchaser at said foreclosure sale a good and sufficient Certificate of Purchase and if the
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MS File No. 205734.41 5106 KJFC
Property is not redeemed within three (3) months from the date of Sheriffs Sale, the Sheriff shall
deliver to the holder of said certificate a good and sufficient Sheriffs Deed to the Property
further, that defendants be forever barred and enjoined from setting up or asserting any claim to,
interest in, or lien on the Property.
Plaintiff further prays that after delivery of the Sheriffs Deed, that the Sheriff of Saline
County, Kansas be ordered to place the holder of said Sheriffs Deed in possession of the
Property and that, if necessary, and upon praecipe therefore, a writ of assistance be issued by the
Clerk of the Court without further order herein, to aid said Sheriff in placing holder of said Deed
in possession of the above described real estate and for such other relief as the Court may deem
just.
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MS File No. 205734.415 106 KJFC
Respectfully submitted,
MILLSAP & SINGER, LLC
By :~~~~~~~~~~~~
Chad R. Doornink, #23536
cdoomink@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
~~~14
ccarr@msfirm.com
Dwayne A. Duncan, #27533
dduncan@msfirm.com
Aaron M. Schuckman, #22251
aschuckman@msfirm.com
612 Spirit Dr.
St. Louis, MO 63005
(636) 537-0110
(636) 537-0067 (fax)
ATTORNEYS FOR PLAINTIFF
MILLSAP & SINGER, LLC IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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MS File No. 205734.41 5106 KJFC
fExHIBITl LU
Multistate
MAY 13, 2009
[Date]
1. PARTIES
~ ·' .. 'l.... • . ' ·.1 ;NQTE
Salina,
[City]
516 Brown Street, Salina, KS 67401
[Property Address]
KANSAS
[State]
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"
means BA.HK VI, A CORPORATION
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 *******NI NETY ONE
THOUSAND THREE HUNDRED FIFTEEN AND R0/100**************************************** Dollars
(U.S. $91, 315. oo ), 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 FIVE AND ONE-HALF percent
( 5. 500% ) per ye<;ir until the full <1!1'1C,Uf'1.t of P.r!~~ipal ~as been paid.
3. PROMISE To PAY SECURED · : r }'' · 'L\':·:: '·
Borrower's promise to pay is secured' by a rriorts)agei, 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 lST
beginning on JULY 1, 2009. Any principal and interest remaining on the
JUlllE, 2039 will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at
2020 SOUTH OHIO
SALINA, KS 67401
or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
day of each month
lST day of
Each monthly payment of principal and interest will be in the amount of U.S. $518. 48. 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) Allonge to this 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 ifthe allongewere
a part of this Note.
[Check applicable box] CJ Grad.uated ,~aym e~t;Al!?r~~
CJ Other. [specify] · : .• •: } • ·:
5. BORROWER'S RIGHT TO PREPAY
CJ Growing Equity Allonge
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 of the 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 15 calendar days after the payment is due, Lender may collect a late charge in the
amount of FOUR 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, except as 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 SecretaryoU;iqusing and Urban Development or his or her designee.
FHAMultistateFixedRateNote-10/95 '~ .. ::,·.:~i ~-.' ·:":'.; :_'. Initials: ~,J,/,,P
Online Documents, Inc. ' Page' : .1 ' of 2 ~
l '
(C) Payment of Costs and Expenses
LOABi:-
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 atthe 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 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 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 address.
Any notice that must be given to Lian9er l.Jn.der·~~i~1Nqte will be given by first class mail to Lender at the address
stated in Paragraph 4(B) or at a different.acjdress if'E)oi'l:dli;ier is given a notice of that different address .
. l • ' " ' . . : . . . ' ~ '
9. OBLIGATIONS OF PERSONS UNDER THiS r:.foi.£': ~ ·
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 aver 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. Anyone person
signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms an
PAY TO THE ORDER OF
SUllTRUST MORTGAGE, INC.
WITHOUT RECOURSE
BANK VI, A CORPORATION
. ; ! I ~. '. I ~ , ·~ :c:,'' I"' '
: . -~
.... . i
BY:~~~~~~~~~~~~~ MARGO JOHNSON
VICE PRESIDENT
FHA Multistate Fixed Rate Note -10/95
Online Oocumen~ Inc. Page 2 of 2
I .....
Without Recourse
PAY TO THE ORDER OF
SunTrust Mortgage Inc .
~~
Deborah P. Ellis, Vice President
PB700NOT 0804
-·-. -· --·-·-·---·---~----~~.......__~~~~-
ALLON GE
LOAN NUMBER:
ADDRESS: 516 BROWN STREET
SALINA, KS 67401
BORROWER (S) NAME (S): JOSHUA M. BISHOP
NOTE DATED: 5/13/2009
LOAN AMOUNT: $91 ,315.00
PAY TO THE ORDER OF: SUNTRUST MORTGAGE, INC
WITHOUT RECOURSE
~ANKVI
BY SUNTRUST MORTGAGE, INC. ITS ATTORNEY-IN-
FACT, PURSUANT TO SECTION 36.2 OF THAT CERTAIN
CORRESPONDENTLOANPuRCHASEAGREEMENT
DATED 11/18/2005
B~A)~ NNIFEHATCHER
VICE PRESIDENT
' ' '
. . .: :.~~
. -. ~ ...
i
EXHIBIT I s:
BAllllt VI
A!L".1'1111 PilllAL DOC'UMElllT DBPARTMl!llT
2020 8011l'B OHIO
SALUA, ltB 67401
i.OAll ··-
-----------[Space Abow Thi. Lino l'or Recordtn11 D111t]-----------
State of Kansas MORTGAGE I-~
~
THIS MORTGAGE ("Security Instrument") Is given on MAY 13, 2009, The
Mortgagor Is JOSHUA M BISHOP ARD SARAH BISHOP, llUSBUD AJfD WIFE
("Borrower").
"MERS" ls Mortgage Electronic RegistraUon Systems, Inc. MERS Is a separate corporatlon that Is acting
solely as a nominee for Lender and Lender's successor.1 and assigns. MERS la the mor1gagee under
this Security Instrument. MEAS Is organized and existing undGr the laws of Delaware, and has an
address and telephone number of PO Box 2026, Flint, Ml 48501-2026, tel. (688) 679-MERS.
BAllK VI, A CORPORATION
("Lender") Is organized and
existing under the laws of ltAlllSAS,
and has an address of 2020 SO'U'l'H OHIO, SALIBA, KS 67401.
Borrower owes Lender the principal sum Of *llil!ETY Ol'IB 'l'HOUSA!ID THREE HUllDRED Jl'IF'l'KIUI
AJID 1110/100•••••••**************************•** Ooltara (U.S. $911315.00 ).
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 earlier, due and payablo on
JUJll!: 1, 2039. This Security Instrument secures to Lender: (a) the repayment of
the debt evidenced by the Note, with Interest, and all renewals, extensions and modiflcalions of the Note;
(b) the payment of all other sums, With l~teres1,:4dvanced under paragraph 7 to protect the security of
this Security Instrument; and (c) the'pertotmance. of-Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower mortgages and warrants to ME (solely
FHA K.tnHa Mortgage· 4/118
Onina Documents, Inc. Pa911 1 of 6
', .
LOABl1 -
as nominee for Lander and Lender's successors and assigns) and to the successors and assigns of
MERS, the following described prop!lrty IO?ated In Saline
County, Kansas: . · .. ··'ii. · · " n .·
LOT Jl'IVE (5) / BLOCK oJ!ri!::'.~~i,:,' :a~~·,',(.J'_jWpI'?JOll TO THB CITY OF SALIBA,
SALID COUJITY / ltAllSAS; , · r i : . : . ; , . ·
APR f1 07896
which has the address of 516 Brown Street, Salina,
Kansas 67401
IZlpCod•J
("Property Address·);
[Stna, City],
TOGETHER WITH ail the improvements now or hereafter erected on the property, and an
easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property.• Borrower understands and agrees that MEAS holds only legal
title to the interests granted by Borrower In this Security Instrument, but, 11 necessary to comply with law
or custom, MEAS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those lnterestsi Including, but not limited to, the right to foreclose and sell the
Property; and to take any ac~ti rad4lreq ~.tend.!i. r including, but not limited to, releasing and canceling this Security ln11trument. · '·" ··, I""' .. "' · ~ '• ·•: _, ... · ' . , . " ,·, '
BORROWER COVENANTS that Borrower is lawfully 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 will defend generallythetitletothe Property against
all claims and demands, subject to any encumbrances o1 record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unWorm
covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real
property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal
of, and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, lnaurance and Other Charges. Borrower shall Include In each
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 Secretary of Housing
and Urban Development ("Secretary'1, or In any year In which such premium would have been required
if Lender still held th'! Security Instrument, each monthly payment shall also Include either: (Q a sum for
the annual mortgage Insurance premium to be paid by Lender to the Secretary, or (i~ a monthly charge
Instead of a mortgage insurance premium. ij tJiis Security Instrument Is held by the Secretary, In a reaso~able amount to be detefl'!)i~'~i\>~tt;ie:~e.~etf.lo/· Expeplforthe monthly charge by the Secretary,
these items are called "Escrow.Items~ lil~d ·16e ~ums paid to Lender are called "Escrow Funds.•
lender may, at any time, collect ancl-hold·alJ'lOUl')ts.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 el eeq. and Implementing
regulations, 24 CFR Part 3500, a!I they may be amended from time to time ("RESPA"), except that the
cushion or reserve permitted by RES PA for unanticipated disbursements or disbursements before the
Borrower's payments are available in the account may not be based on amounts due for the mortgage
insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RES PA,
Lender shall account to Borrower for the excess funds as required by RESPA If the amounts of funds
held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify 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. If Borrower tenders to !.,ender the full payment of all such sums, Borrower's account shall
be credited with the balance remaining for ail Installment items (a), (b), and (c) and any mortgage
Insurance premiUm installment that Lender has not become obligated to pay to the Secretary, and
Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclos re s e of
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LOAll 11 •••• the Property or Its acquisition by Lender, Borrower's account shall be credited with any 1:>a1ance
remaining 1or all installments for items (a), (b), and (c).
3. Application of Payments. AD payments under paragraphs 1 and 2 shall be applied by Lender
as follows :
First, to the mortgage Insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary Instead o1the monthly mortgage Insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, 11ood and
other hazard Insurance premiums, as required;
Third, to Interest due under 1he Note;
fQIJ.r:!h, to amortization of the principal o1 the Note; and
E.t!!!J., to late charges due under the Note.
4. Flro, Flood and Other Hazard lneuranca. Borrower shall Insure all improvements on the
Property, whether now In existence or subs.equently erected, against any hazards, casualties, and
contingencies, Including fire, for whic;ti' ~end~r: r.-ilqulres insurance. This insurance shall ba maintained
in the amounts and for the pefiods;that'Lendeh equires. Borrower shall also insure all Improvements
on the Property, whethor now ln·existence or subsequently erected, against loss by11oods to the extent
required by the Secretary. All Insurance shall be·carrlecfwith companies approved by Lender. The
Insurance policies and any renewals shall be held by Lender and shall include foss payablo clauses in
favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender Immediate notice by mall. Lender may make proof
of loss If not made promptly by Borrower. Each insurance company concerned Is hereby authorized and
directed to make payment tor such loss direcUy tc 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 o1 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
JegaMy entitled thereto.
fn the event of for&elosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest at Borrower in and to insurance policies in force
shaU pass to the purchaser.
5. Occupancy, Preaarvatlon, Maintenance and Protection of the Property; Borrower'a Loan
Application; Leaaeholda. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within sixty days after the execution of this Security Instrument (or within sixty days
o1 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 alter the date of occupancy, unless Lender determines that
requirement will cause undue ha.~iJ~RiP for 1?<trr~~r, ~r urless extenuating circumstances exist which
are beyond Borrower's con.~'!~: .~9.Tr~~ ~~~!: nptify Lender of any extenuating circumstances.
Borrower shall not commit was\e 9r desl,roY,,: d~~e.or. subs.tantlally chang.e the Property or allo~ the
Property to deteriorate, reasonable wear and.tea~ excepted. Lander may inspect the property if the
Property Is vacant or abandoned or tho loan is in default. Lander may take reasonable action to protect
and preserve such vacant or abandoned Property. Borrower shall also be In default if Borrower, during
tho 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 evidenced by the
Note, Including, but not llmlted to, representations concerning Borrower's occupancy ol the Property
as a principal residence. If this Security Instrument Is on a leasehold, Borrower shall comply with the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and foe title shelf not
be me11Jed unless Lender agrees to the merger In writlng.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with anycondemnallon or other taking of any part of the Property, or for conveyance in place
of condemnation, are hereby assigned and shall be paid to Lender to the extent o1 the luff amount of
the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply
such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first
lo any delinquent amounts applied In the order provided in paragraph 3, and then lo prepayment of
principal. Any application of the proceeds to the principal shall not extend or postpone the due date o1
the monthly payments, which are referred to In paragraph 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 Security Instrument shall be paid to the entity legally entitled thereto.
· 7. Chargea to Borrower and ProtecUon of Londol"a Rights In tho Property. Borrower shall pay
all governmental or municlpaf charges, fines and impositions that are not included In paragraph 2.
Borrower shall pay these obligations on time directly to the entity which ill owed the payment. If failure
to pay would adversely affect Lende(s Inter.est lf1 .the Property, upon Lender's request Borrower shall
promptly furnish to Lender receJpt!l.:~vl~pnOl~g';fliese pa)'ments.
If Borrower fails to make,'tfje~.e .paYmen~!pt 11ne payments required by paragraph 2. or fails to
perform any other covenants.an'd agreemlil)ts!c0nfuineo in this Security Instrument, or there Is a legal
proceeding that may significantly affect Lender's· rights In the Property (such as a proceeding in
bankruptcy, for condemnation or to enforce laws or regulatlons), 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.
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LOAJI •• ---Any amounts disbursed by .Leod11r uncier. this paragraph shell become an additional debt of
Borrower and be secured by th~;S.ii~!ity l.rlatr.ptne.nl. These amounts shall bear interest from the date
of disbursement, at the Note,~!ei:.ar)d· fitth~:!?Fi~~1of Lender, ~hall be 1n:tmedlately due and payable.
Borrower shall promptly !11seharge any· )ten.fVflilch h~s. priority over this Security Instrument unless
Borrower: (a) agreas In writing to the pa)'ment of the obligation secured by the lien In a manner
acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien
In, legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a Hen which may
attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Bofrcwer shan satisfy the lien or take one or more of the actions set forth above within 1 O days of the
giving of notice.
8. Feae. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default Lender may, except as llmlted by regulations Issued by the Secretary, in the case
of payment defaults, require Immediate payment in full of all sums secured by !hie Security
Instrument If:
(I) Borrower defaults by failing 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
(II) Borrower defaultll by f8i~ng, tor a period of thirty days, to perform any other obligations
contained In this Security Instrument.
(b) Sele Without Credit Approval. Lender shaR, if permitted by applicable law Qnciuding Section
341 (d) of the Gem-SL Germain Depository Institutions Act of 1982, 12 U.S.C. 1701 j-3 (d)) and with
the pl'ior approval of the Secretary, req ulre Immediate payment In fUI of aft sums secured by this
Security Instrument if:
(I) All or part of the Property, or a beneficial Interest In a trust awning all or part of the
Property, is sold ol .. Ot,l)filWlfe t{~r8tti;r.i:ed (other than by devise or descent), and
(ii) The Properfy; •.. 1.!N?J;b'CJ1~P,l1t~ ;fi.~A!fie p~rchaser or grantee as his or hlir prlnclp~I
reslcience, or the ,ur9~11ser, .or.!!T!¥.J~I! does so occupy the Property but his or her credit
has not been apprbVed In accc:iri;le'r{i:(l witn the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment
in full, but Lender does not require such payments, Lender does not waive its rights with respect
to subsequent events. ·
(d) Rogulatlona of HUD Secretory. In many circumstances regulations Issued by the
Secretary wlll limit Lender's rights, In the case of payment defaults, to require Immediate
payment In full and foreclose n not paid. This Security Instrument does not authorize
acceleration or foreclosure i1 not permitted by regulations of the Secretary.
(e) Mor1gage Not lneured. Borrowgr agrees that if this Security Instrument 11nd the Note are
not determined to be eligible for Insurance under the National Housing Act within 60 days from
the date hereof, Lender may, at its option, require Immediate payment in full of all sums secured
by this Security Instrument. A written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to Insure this Security Instrument and
thg Note, shall be deemed conclusive proof of such Ineligibility. Notwlthatending the foregoing,
this option may not be exercised by Lender when the unavailability of Insurance is solely due
to Lender's failure to remit a mortgage Insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate
payment ln full because of Borrower's failure to pay an amount due under the Note or this Security
Instrument. This right applies even a1terforaclosure proceedings are Instituted. To reinstate the Security
Instrument, Borrower shall tender In a lump sum all amounts required to bring Borrower's account
current including, to the extent they are obligations of Borrower under this Security Instrument,
foreclosure costs and reasonable and customary attorneys' lees and expenses properly associated
with the foreclosure proceeding. Ueon rei~smit ment by Borrower, this Security Instrument and the
obligations that it secures shallrei;nWri1~1eff~tt · ,!Render had not required Immediate payment In full.
However, Lender Is not requl~ei:j•tP:<p~rm1freiP. l~inent if: Q) Lender has accepted reinstatement after
the commencement of foree'losilre 'proc~Eli:lin~p within two years immediately preceding the
commencement of a current foreclosure proceeding, (Ii) reinstatement will preclude foreclosure on
different grounds in the future, or (iiij reinstatement will adversely affect the priority of the lien created
by this Security Instrument.
11. Borrower Nol Released; Forbearance By Lender Not a Waiver. Extension of the tlme of
payment or modif1Cation of amortizatlon of the sums secured by this Security Instrument granted by
Lender to any successor In Interest of Borrower shall not operate to release the llablllty ot the original
Borrower or Borrower's successor in Interest Lender shall not be required to commence proceedings
against any successor In interest or refuse to extend time for payment or otherwise modify amortization
of the 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 Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Aaalgne Bound; Joint and Several Uabll!ty; Co-Slgnere. The covenants
and agreements of this Security Instrument shal bind and benefit the successors and assigns of Lender
and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall
be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note:
(a) is co-signing this Security Instrument only to mortgage, grant and con. "'Y ""' -~.r'a interest
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LOAR ts •••• in the Property under the terms of ttiis Security Instrument; (b) la not personaUy obligated to pay the
sums secured by this Security Instrument; and (e} agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms ofthis Security
Instrument or the Note without that Borrower's consent.
13. Notice.. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it byfil'llt class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice
to Lender. Any notice to Lender shall be given by fil'llt class mail to Lender's address stated herein or
any address Lender designates by notice to Borrower. Any notice provided for in this Security
Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this
paragraph.
14. Governing Law; Sewrablllty. This Security Instrument shall be governed by Federal law and the
law of the jurisdiction in which the Property ls located. In the event that any provision or clause of this Security
Instrument or the Note conflicts. WJt~1)~Jxl.lcabJe,iitl(>'i such ~nkrt shall n~t ~!feel other provlsi~s of this
Security Instrument or the Note_wh~;cap .b~:g~~~~ without the comhcting provision. To 1h1s end the
provisions of this Security Instrument and~ Note:!1f'e declared to be severable.
15. Borrower' a Copy. Borrower shall be glven'onecon1ormed copy ofthe Note and of this Security
Instrument.
16. Hazardous Subatanoea. Borrower shall not caus4il or permit the presence, use, disposal,
storage, or release o1 any Hazardous Substances on or In the Property. Borrower shall not do, nor allow
anyone else to do, anything a1feoting the Property that Is In violation of any Environmental Law. The
preceding two sentences shall not apply to the presence, use, or storage on the Property of small
quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance o1 the Property.
Bortower shall promptly give Lender written notice of any Investigation, clalm, demand, lawsuit or
other action by any govemmental or regulatory agency or private party involving tho Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower
learns, or Is notified by any governmental or regulatory authority, that any removal 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
flammablo or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 16,
"Environmental Law" means federal laws 1md laws ol tho jurisdiction where the Property is located that
relate to health, sa1ety Of environmental protection.
NON-UNIFORM COVENANTS. Borrower and L.ender further covenant and agree as follows:
17. Aaalgnmant of Ronta. B1orr.pY<1~r ~r.i~61'\f1,it.lor.ally, assigns end transfers to Lender all the rents
and revenues of the Property,. al!irr~er:a,i.ith'Prt~eil· !.'.arider or Lender's agents to collect the rents and
revenues and hereby directs oa~l);te~arj:t d(f~~ )Sjo\!iefl¥.to pay the rents to Lendor or Lander's agents.
However, prior to Lender's notice' to BorroYier Of a'orrower's ·breach of any covenant or agreement in
the Security Instrument, Borrower shall collecflini:l receive all rents and revenues o1 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 Lander gives notice of breach to Borrower: (a) an rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by tho Security
Instrument; (b) Lender shall be 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 agent on Lender's written
demand to the tenant.
Borrower has not executed any prior assignment o1 the rents and has not and will not perform any
act that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at
any time there Is a breach. Any application of rents shall not cure or waive any default or Invalidate any
other right or remedy of Lender. This assignment of rants of the Property shall terminate when the debt
secured by the Security Instrument is paid In full.
18. Forecloaure Procedure. If Lender requlrea lmmodlato payment In full under paragraph 9,
Landor may for•cloae thla Security lnatrumenl by judicial procoodlng. Lendor ahall be antltled to
collect all roaaonable expenaoa Incurred In purauln!l the remedloa provided In thla paragraph 18,
lnc:ludlng, but not llmlted to, reasonable attorney feea, lo the extent allowed by appllc:able law.
If the Lendor'a lntereat In thla Security lnatrumant la hold by the Secratary and the Secretary
n1qulrea lmmodlate payment In tull under Paragraph 9, the SoorGtary may lnvoka th• nonjudicial
power of aato provided In tho Stn~lfl f!!mlly f!l'lortgage Foroclo1ure Act of 1994 ("Act") (12 U.S.C.
3751 at &0q.) by roquo1tlng a,(~eli!P.liurf1\'\l~ljj1111aa1oner designated under the Act to commence
foreclo&Ure and to Hll the .~~P~iit. ••. f>ie,Y\~oSI In tno Act. Nothing In the proc:odlng aentenco shall deprive the Secretary of an'j rlgt;ta o\ljli.rwl~ aliallablo to a Lender undor this Paragraph 1 B
or applicable law. · · · ·
19. Reloaae. Upon payment of all sums secured by this Security Instrument, Lender shall release
this Security Instrument without charge to Borrower.
20. Waiver of Redemption. Borrower waives all rights of redemption to the extent allowed y law.
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LOA.II ••••• 21. Rldera 10 1hla Seourlty.lnatru.men1. "1 one ()I' more riders are execu1ed by Borrower and
recorded together with this Se!(u~·ihst!JJm'l!P!.:!lliE! covenants of each such rider shall be incorporated
Into and shall amend and sui:tpleHif~( i~e 'C~nartls: and, agreements of this Security Instrument as if
the rider(s) were a part of this'Security rrnsi(il~ni! "
[Check applicable box(es)]
c:::JCondomlnlum Rider c:::JGrowlng Equity Rider c:::J PlannedUnitDevelopmentRider
DGraduated Payment Rider D Other(s) [specify)
FHA Kanaaa Mo1'111•11• -4189
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EXHIBIT.
c
..
Recording Requested By:
SUNTRUST MORTGAGE, INC.
When Recorded Return To:
Lelza Norris-Jones
SUNTRUST MORTGAGE, INC.
1001 SEMMES AVENUE
RVW5303
RICHMOND, VA 23224
~-·.~~. REBECCA SEEMAN /r.-~--·-?~~GISTER OF DEEDS SALn£ CClJNTY KANSAS {:( ·~·;',''.' i:) Book: 1266 Page: 31 \.''f,.'..~.'./.':, R1caipf •: 87'198 (, V R1corcf119 Fu: f7.00 "·"''..!,!;"' Pagu Recorded: l N ~ _;$~
Date Recorded: 5/21/2013 2:01:51 PM
CORPORATE ASSIGNMENT OF MORTGAGE
Sallne,Kllnua
SELLER'S SERVICING······· MERS···· Date of Assignment: May 17th, 2013
AsslGOor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR BANK VI, A
CORPORATION ITS SUCCESSORS AND ASSIGNS at 1901 E VOORHEES STREET, SUITE C, DANVILLE, IL
61834
Assignee: SUNTRUST MORTGAGE, INC., at 1001 SEMMES AVE, RICHMOND, VA 23224
Executed By: JOSHUA M BISHOP AND SARAH BISHOP, HUSBAND AND WIFE To: MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS INC. AS NOMINEE FOR BANK VI, A CORPORATION, ITS SUCCESSORS AND
ASSIGNS
Date of Mortgage: 05/13/2009 Recorded: 05/1312009 in Book/ReeVUber: 1193 Page/Follo: 4 aa Instrument No.:
NfA In the County of Saline, State of Kansas. .
Property Address: 516 BROWN STREET, SALINA. KS 67401
Legal: Loi Five (5), Block One (1 ), Brown'& Addition to the City of Si!llna, Saline County, Kansas
KNOW ALL MEN BY THESE PRESENTS, that for good and valuable consideration, the receipt and su!l\ciency of
which la hereby ecknoWledged, the said Asvlgnor hereby assigns unto the above-named Assignee, the said
Mortgage having an orfglnal p~ncipal sum of $91,315.00 with Interest, secured thereby, with all moneys now owing
or that may hereafter become due or owing In respect thereof, and the full benefit of all \he powers and of all the
covenants and provisos !herein contained, and the said Assignor hereby grant& and conveys unto the said Assignee,
Iha Assignor's beneficial Interest under the Mortgage.
TO HAVE AND TO HOLD the said Mortgage, and the said property unto the said Assignee forever, subject to the
tenns contained In said Mortgage.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR BANK VI, A CORPORATION rrs
SUCCE~OBS At-i' ASSIGNS
On ~t'/•1:.S.
By: Cilvvl L
-------·Vice-President Dave Van Aken
Vice President
=_...,,...,.__:---;;-:-::-'-~~..::-:~~m~"1tl'T.'::'' a Notary Public In and for Vice-President of
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. S NOMINEE FOR BAMK VI, A CORPORATION ITS
SUCCESSORS AND ASSIGNS, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the peraon(s) wh06e name(s) ls/are subscribed to the within instrument and acknowledged to me that heJshe/they
executed the same In his/her/their authorized capeclty, and that by his/her/their signature on the instrument the
person(a), or the entity upon behalf of which the person(a) acted, executed the Instrument.
WITNESS my hand and official seal,
~~kz--
No!8ry Explres:12t31t17
BRITTNI J W/llKER
Notary Public
Commonwullh ol V!r~lnla
7537106
MY Cornmlnlon Explru Dtc 31, 2017
his area for notarial seaQ
EXHIBIT
D STATE OF GEORGIA
Secretary of State
Corporations Division
313 West Tower
2 Martin Luther King, Jr. Dr.
Atlanta, Georgia 30334-1530
CERTIFICATE OF MERGER
Control No.
I, Brian P. Kemp, Secretary of State and the Corporation Commissioner of the
State of Georgia, hereby certify under the seal of my office that articles or
certificate of merger have been filed and fees paid therefor, as provided by law,
and that the Department of Banking and Finance has filed a certificate of approval
authorizing the merger of the below entities, effective as of 08/06/201.8.
Surviving Entity:
SUNTRUST BANK
a Domestic Bank
Nonsurviving Entity/Entities:
SUNTRUST MORTGAGE, INC.
a Virginia Profit Corporation
This certificate is issued pursuant to Title 7 of the Official Code of Georgia
Annotated and is conclusive evidence of the facts stated herein.
WITNESS my hand and official seal in the City of Atlanta and
the State of Georgia on 07/17/2018
Brian P. Kemp
Secretary of State
NORTH CAROLINA
Department of the Secretary of State
To all whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF MERGER
OF
SUNTRUST BANK
INTO
BRANCH BANKING AND TRUST.COMPANY
the original of which was filed 'in this office on the 6th day of December, 2019.
1N WITNESS WHEREOF, I have hereunto set
my hand and nllixed my official seal at the City
ofRnleigh, this 6th day of December, 2019.
Secretary of State Document Id: C2019340000311
Verify this certificate online at hllp://WWV...sosnc.gov/vcrification
State of North Carolina
Department of the Secretary of State
ARTICLES OF MERGER
SOSID: 0023695
Date Filed: 12/6/2019 9:02:00 AM
Effective: 1217/2019
Elaine F. Marshall
North Carolina Secretary of State.
C2019 340 OOU38 ·
Pursuant to North Carolina General Statute Secti'ons 55-11-0S(a), 55-11-12, 55A-l l-09(d}, SSA-11-04,
570-9-42, 59· 73.32(a) and 59-1072(a), as applicable, the undersigned entity does hereby submit the
following Articles of Merger as the surviving business entity in a merger between two or more business ·
entities.
I • · · The name of the surviving entity is Branch Banking and Trust Company , a (check one)
lZl corporation,O nonprofit corp~ration,Oprofessional corporation, Dlimited liability company,
D limited partnership,Opartnership,Olimited liability partnership organized under the laws of
_N_o_rth_Ca_ro_l_in_a _______ (srare or coU11try).
2. The address.of the surviving entity Is:
City: Charlotte Stre_et Addr~ss: 214 N. Dyan St.
~tate: North Carolina Zip Code:_2_s2_0_2 ___ County: Mecklenburg
(a) (Complete only if the surviving business entity is a foreign business entity that is not auJhorized to
transact business or conduct affairs in North Carolina.) The mailing address of the surviving
foreign business entity is: ·
Street Address: ______________ City: _______ _
State:__..__... _______ Zip Code: ... · _____ County:~------~
The Surviving foreign business entity will file a statement of any subsequent change in its mailing
address with t!te North Carolina Secretary of S~~e. .
3. F.or each merging entity: (If more than one, complete on separate sheet and attach.)
J'he name of the merged entity is SunTrust Bank a (check one)
0 'corporation,O nonprofit corporation;O professional corpo~tion,O limited liability company,
D limited partnership,Dpartnership,Dlimited liability partnership organized under the laws of
_G_eo_r ..... gi_a ________ (~/ate or country).
The mailing address of each merging entity is: (if more than one, complete on separate sheet and
attac,h)
Street Address: 303 Peachtree Street, N.E. City:_A_t_lan_1a_· ------
State'. Georgia Zip Code:_3_03_0_8 ___ County:_F_ul_to_n _____ _
4. If the surviving business entity is a domestic business entity, the text of each amendment, if any, to
the Articles of Incorporation, Articles of Organization, or Certificate of Limited Partnership within
the Plan of Merger is attached. ·
BUSINESS REGISTRATION DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622
(Revised October, 2018) (Form BE-IS)
,.
5. A Plan of.Merger bas been duly approved in the manner required by law by each of the business
entities participating in the merger. ·
Provide the Information In Itenis 6 and 7 below for a merger b11tween a parint ·
unincorporated entity and a subsidiary corporation or corporations;' (§55-11·12)
6. The terms and conditions oftbe merger' are attached. (§55-11·12 mergers only) . .. . .
7. Information concerning the manner and basis of converting the interests in each merging business ·
· entity into interests, Qbligations, or securities of the sUrviving business entity, or into cash or o~er·
property ih whole or in part, or of cancelling the interests is attached. (§SS-11-12 mergers only)
8. These articles will be effective upo~ filing unless il delayed date and/or time is specified=~:.
This the~ day of_D_ccc_m_ber ___ ...J 20.!t_.
NOTES:
1. Filing fee is SSO for For-profit entitiu.
Brancli Banking and Trust COmpany ')'p ·Name of entity 1~r?h.M "'=y Stgnatur1 .
I>atyl N. Bible, Senior Executivo Vice Pluident and Chief
flnincll! O!!!cq
Type ~r Prf!tt Name and 7Yt~e
2. Filing fee is $25 when the surviving business entity is a Non-profit corporation.
3. This document must be filed With the Secretary of State. Certiflcate(s) of Merger must be registered putsuant to
the requirements ofN.C.G.S. Section 47-18.1 · ·
BUSINESS REGIS'ffiA'IlON DIVISION
(Reviled Octabtr, 2018)
P. 0. BOX 29622 RALBIGH, NC 27626-0622
(Farm BE-IS}
L---------------------· ·--· --·. -·
OFFICE OF THE COMMISSIONER OF BANKS
CERTIFICATE OF AUTHORITY
FOR ARTICLES OF MERGER
Branch Banking and Trust Company, Charlotte, Mecklenburg County, N.orth Carolina, a
North Carolina-chartered ~ommercial bank, and SunTrust Banlc, Atlanta, Fultoq°County,
~eorgia, a Georgia state-chartered banlc, have submitted to me as Chief DeJ?Uty Commissioner of
Banks for the State of North Carolina, Articles of Merger between the said institutions for the
purpose of merging S~Trust Bank into Branch Banking and Trust Company with the surviving . ....
institution being Branch Banking and Trust Company, pursuant to the Supervisory Order of the
Commissioner of Banks.
I hereby certify that these Articles of Merger were approve9 by the Office of the ' . . . .
Commissioner of Banks on the 1 Qlh day ~f July, i0.19. Authority to file the Articles of Merger is,
therefore, granted.
This the 26th day ofNovember, 2019.
~Mu.~oJo. stePhiCRyals .
Chief Deputy Commissioner of Banks
NORTH CAROLINA
Department of the Secretary of State
. To all whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF AMENDMENT
OF
BRANCH BANKING AND TRUST COMPANY
WHICH CHANGED ITS NAME TO
TRUISTBANK
the original of which was filed in this office on the 6th dav of December. 2019.
Oocument Id: C2019J40000J9
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 6th day of December, 2019.
Secretary of State
Verify this certificate nnlinc at hllp://www.sosnc.gov/vcrificotion
State of North Carolina
Department of the Secreta~ of State
ARTICLES OF AMENDMENT
BUSINESS CORPORATION
SOSID: 0023695
Date Flied: 12/6/2019 9:03:00 AM
Effective: 1217/2019
EJaloe F. Marshall
North Carolina Secretal}' of State
C2019 340 00039
Pursuant to §55-10-06 of the General Statutes ofNorth Carolina, the undersigned corporation hereby submits the following Articles of.
Amendment for the purpose of amending its Articles of Incorporation.
I. The name of the corporation is: Branch Banking and Trust Company
2. The text of each amendment adopted is as follows (State below or attach):
Please see attached.
3. lfan amendment providi:s for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the
amendment, If not contained in the amendment itself, are as follows: ·
4. The date of adoption 9_f each amendment was as follows;;..·D_e_ce_m_be_r_3..;.,_2_0_1_9 ____ .;..._ ________ _
. .
S. (Check either a, b, c, or d, whichever is applicable}
a.OThe am~ndment(s) was (were) duly adopted ~y the incoi-pora;ors prior to the issuance of shares.
b.QThe amendment(s) was (were) duly adopted by the board of directors prior to the· issuance of shares.
c.DThe amendment(s) was (were) duly adopted by the board of directors without shareholder action as shareh~ld~r action
was not required because (set forth a brief explanation of why shareholder action was not required)
d.0.The amel)dment{s} was (were) approved by shareholder action, and such shareholder approval was obtained as required
by Chapter SS ofthe.North Carolina General Statutes. · ·
BUSINESS REGISTRATION DIVISION
(Re11ised Jul)' 2017)
P. 0. BOX 29622 RALEIGH. NC 27626·0622
(FormB·02)
.. ·--··-·-·-----~---------
ARTICLES OF AMENDMENT
P~c2 .
~. These.articles will be ~ffcctive upon filing, unless a delayed time and date is sp~eified:
12:06AM EST on December7, 2019. ·
This the~day or._D_e_ce_m_b_e_r_:.,_ ___ ....J 20~
Branch Banking and Trust Company
~~ . Signature ·
Type or Print Name and Title
NOTES: ·
·t. Filing fee Is SSO. Thl.I document must be filed with !he Scmtary of State.
BUSil'lESS RBi;:usTRA TION DMSION
(Revised July 2017)
P. 0. BOX 29622 RALEIGH, NC 27626..()622
(FormB-02)
j~
,. ..
ARTICLES OF AMENDMENT
OF
BRANCH BANKING AND TRUST COMP ANY
The undersigned corporation hereby submits these Articles of Amendment in accordance
with Section 55-10-03 and 55· l 0-06 of the North Carolina Business Corporation Act for the
purpose of amending its Articles oflncorporation:
I. The name of the corporation is: Branch ~anking and Trust Company.
2. The.following text will replace the current text of ARTICLE I in its
entirety:
The name of the Corporation is Truist Bank.
3. The amendment does not provide for an exchange, reclassification or cancellation of ·
issued shares ..
4. The·-amendment.was approved by the.sole shareholder of the corporation on December
3, 2019, in accordance with Section 55-10-03 of the North Carolina Business
Corporation Act. . . .
. . .
~. These Articles of Amendt'llent will be effective.at l 2:06 a.m. Qn December 7,·2019,
This is the 6th day of December, 2019.
'BRANCH BANKIN(; AND TRUST. COMPANY
Name:Def,.Bibie
Title:· Senior Executive Yi:i:e. P.resident and
ChiefFinancia!'Officer
OFFICE OF THE COMMISSIONER OF BANKS .
CERTIFICATE OF AUTHORITY
FOR .
ARTICLES OF AMENDMEN)'
I~ Stephanie Ryals, Chief Deputy Commissioner of Banks for the State of North Carolina, . . . .
hereby certify that the foregoing ARTICLES OF AMENDMENT ~fBranch Banking and Trust
Company, having its principal office in Charlotte,.Mecklenburg County, North Carolina, were
approved by the Office of the Commissioner of Banks for filing at the Office of the Secretary of
State. Authority to record the Articles of Amendment is hereby grante~.
This the 26th day of November, 2019.
~~~a.Oa StePh "eRyals
. Chief Deputy Commissioner of Banlcs
EXHIBIT
E
SO ORDERED.
SIGNED this 5th day of May, 2022.
Ill~
United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT
DISTRICT OF KANSAS
WICHITA DIVISION
In The Matter Of:
Sarah Ann Bishop
Debtor
Joshua M Bishop
Co-Debtor
Truist Bank, Successor by Merger to
SunTrust Bank, or its successors and
assigns
Movant,
)
)
) Case Number: 18-11980-mlh
)
)
) Chapter 13
)
)
)
) ORDER
)
)
)
)
)
)
)
)
)
ORDER GRANTING RELIEF FROM AUTOMATIC STAY AND
RELIEF FROM CO-DEBTOR STAY
The Motion for Relief from the Automatic Stay was filed by Truist Bank,
Successor by Merger to SunTrust Bank on March 30, 2022. Copies of the Motion were
Case 18-11980 Doc# 48 Filed 05/05/22 Page 1of3
United States Bankruptcy Court
District of Kansas
Wichita Division
In re: Truist Bank, Successor by Merger to SunTrust Bank v. Sarah Ann Bishop
Case No. 18-11980-mlh
Chapter 13
Order Granting Relief from Stay
Page2
sent by CM/ECF notification to the Trustee and to Counsel for the Debtor at that time
with a Notice of Objection Deadline.
Pursuant to the Notice of Objection Deadline, parties were given until April 20,
2022 to file a written objection to said Motion. No responsive pleadings have been filed.
Upon consideration of the pleadings and the record as a whole, the Court finds
and concludes that the Movant has a security interest in the following property:
LOT FIVE (5), BLOCK ONE (1 ), BROWN'S ADDITION TO THE CITY OF
SALINE, SALINE COUNTY, KANSAS.
The Court further finds and concludes that there is no equity in this property for
the benefit of the bankruptcy estate; that Movant has not been afforded adequate
protection for its interest. It is therefore,
ORDERED that the stays provided for by Section 362 and 1301 of Title 11,
United States Code, are terminated to permit the Movant, or its successors and assigns
to foreclose its security interest in the herein described property and to pursue its
remedies in accordance with the security agreement and state law including obtaining
possession of the property after foreclosure, to the extent consistent with applicable
State law redemptive rights.
IT IS FURTHER ORDERED that Movant, or its successors and assigns shall be
permitted to communicate with the Debtor and Counsel for Debtor to the extent
provided for under nonbankruptcy law to discuss loss mitigation options including
alternatives to foreclosure.
2 MS 205734.419627
Case 18-11980 Doc# 48 Filed 05/05/22 Page 2 of 3
United States Bankruptcy Court
District of Kansas
Wichita Division
In re: Truist Bank, Successor by Merger to SunTrust Bank v. Sarah Ann Bishop
Case No. 18-11980-mlh
Chapter 13
Order Granting Relief from Stay
Page3
IT IS FURTHER ORDERED that the Chapter 13 Trustee is directed to
discontinue payment on all claims secured by the property against which relief from the
automatic stay is granted in this Order.
Order Prepared and Submitted by:
Millsap & Singer, LLC
Isl Stewart C. Bogart
Cynthia M. Kern Woolverton, #21445
Stewart C. Bogart, #26836
Christopher D. Lee, #28346
612 Spirit Drive
St. Louis, MO 63005
Telephone: (636) 537-0110
Facsimile: (636) 537-0067
bkty@msfirm.com
Attorneys for Truist Bank, Successor by Merger to SunTrust Bank
Isl Carl B. Davis
Carl B. Davis
Standing Chapter 13 Trustee
300 W Douglas Suite 650
Wichita, KS 67202
Telephone: 316-267-1791
Facsimile: 316-267-0970
ecf@wichita13trustee.com
3 MS 205734.419627
Case 18-11980 Doc# 48 Filed 05/05/22 Page 3 of 3