Chestnutt Mortgage Foreclosure 12,c4 3 112(4
I
Service Package
File # 244479-1024921
Notification Id = 2214965
City of Salina, KS
City Clerk
300 W Ash St, Room 206
Salina, KS 67401
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ELECTRONICALLY FILED
2024 Feb 29 PM 3:25
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000044
PII COMPLIANT
IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS
CIVIL DEPARTMENT
NewRez LLC d/b/a Shellpoint Mortgage Servicing )
) Case No.
Plaintiff, )
) Court Number:
vs. )
) Pursuant to K.S.A.Chapter 60
The Heirs at Law of Jim A. Chestnut,deceased,et al. )
)
Defendants. )
REQUEST AND SERVICE INSTRUCTION FORM
TO: CLERK OF THE DISTRICT COURT
The Clerk of the District Court will issue a Summons and copy of the Petition in the above-
entitled action for: City of Salina, KS City Clerk 300 W Ash St, Room 206, Salina, KS 67401. You
are instructed to effect service as follows:
X Personal/residential service through the Special Process office of ARISTOCRAT
INVESTIGATIONS for service in SALINE County. If service cannot be made upon an individual by
personal or residential service, service may be made by leaving a copy of the process and petition at the
defendant's dwelling house or usual place of abode and by mailing a notice that such copy has been left at
such house or place of abode to the individual by first-class mail.
SouthLaw,P.C.
/s/Blair T. Gisi
Blair T. Gisi (KS#24096)
13160 Foster, Suite 100
Overland Park,KS 66213-2660
(913)663-7600(Ext.321)
Blair.Gisi@southlaw.com
Attorneys for Plaintiff
File No.244479-1024921 11111110001111111 1111
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ELECTRONICALLY FILED
2024 Mar 01 PM 1:39
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000044
PII COMPLIANT
7,1
Court: Saline County District Court
Case Number: SA-2024-CV-000044
Case Title: NewRez LLC d/b/a Shellpoint Mortgage Servicing
vs . Heirs at Law of Jim A. Chestnut, deceased,
et al
Type: ORD: Summons - Filer Drafted Summons for City
of Salina, KS
SO ORDERED,
/s/ Clerk of the District Court
Electronically signed on 2024-03-01 13:39:51 page 1 of 2
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s
IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS
CIVIL DEPARTMENT
NewRez LLC d/b/a Shellpoint Mortgage Servicing )
) Case No.
Plaintiff, )
) Court Number:
vs. )
) Pursuant to K.S.A.Chapter 60
City of Salina,KS )
City Clerk 300 W Ash St,Room 206 )
Salina,KS 67401 )
)
Defendants. )
SUMMONS
To the above-named defendant:
You are notified that an action has been commenced against you in this court. You are required
to file your answer to the Petition with the court and to serve a copy upon the plaintiffs attorney as
follows: Blair T. Gisi, do SouthLaw, P.C., 13160 Foster, Suite 100, Overland Park,KS 66213-2660
within 21 days after service of summons upon you.
If you fail to do so,judgment by default will be taken against you for the relief demanded in the
attached pleadings attached and incorporated by reference. Any related claim which you may have
against the plaintiff must be stated as a counterclaim in your answer,or you will thereafter be barred from
making such claim in any other action.
(seal) Clerk of the District Court
Dated: By:
Deputy
File No. 244479 I I�III lUhillil II I II I III I II IIII II III II
Invoice No.244479-1024921
t
ELECTRONICALLY FILED
2024 Feb 29 PM 3:25
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000044
PII COMPLIANT
IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS
CIVIL DEPARTMENT
NewRez LLC d/b/a Shellpoint Mortgage Servicing
Plaintiff,
vs.
The Heirs at Law of Jim A. Chestnut,deceased;
Dustin Chestnutt;
Unknown Spouse, if any,of Jim A. Chesnutt;
John Doe(Tenant/Occupant);
Mary Doe(Tenant/Occupant);
City of Salina,KS;
and the unknown heirs, executors, administrators,
devisees, trustees, creditors and assigns of any Case No.
deceased defendants; the unknown spouses of any
defendants; the unknown officers, successors, Court Number:
trustees, creditors and assigns of any defendants that
are existing, dissolved or dormant corporations; the
unknown executors,administrators, devisees,trustees,
creditors, successors and assigns of any defendants
that are or were partners or in partnership; the
unknown guardians, conservators and trustees of any
defendants that are minors or are under any legal
disability; and the unknown heirs, executors,
administrators, devisees, trustees, creditors and
assigns of any person alleged to be deceased, and all
other persons who are or may be concerned.
Defendants.
PETITION TO FORECLOSE MORTGAGE
(Pursuant to K.S.A.Chapter 60)
COMES Now Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing, by and through its
attorney, Blair T. Gisi of the firm of SouthLaw, P.C.,and for its cause of action against Defendants states
as follows:
1. Plaintiff is a business organization created and existing by virtue of law.
2. Plaintiff seeks to serve by publication all those unknown parties as set forth in K.S.A. §60-
307.
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File No. 244479
1111111111M11111111111
a 11.
3. On November 16,2016,Jim A. Chestnutt made and delivered a promissory note(the"Note")
to Ditech Financial LLC, in exchange for good and valuable consideration, in the principal sum of
$124,889.00, together with interest. A copy of the Note is attached as Exhibit "A" and incorporated by
reference.
4. To secure repayment of the Note, on November 16, 2016, Jim A. Chestnutt and Kelly J.
Chestnutt made and delivered a Mortgage (the "Mortgage")to Mortgage Electronic Registration Systems,
Inc., as mortgagee, as nominee for Ditech Financial LLC, its successors and assigns, on the real property
legally described as:
LOT TWO (2), BLOCK EIGHT (8), REPLAT OF LOT TWENTY-TWO (22),
BLOCK THREE (3) AND LOT NINE (9), BLOCK SIX (6), DOW ADDITION TO
THE CITY OF SALINA, SALINE COUNTY, KANSAS, commonly known as 1106
Louise Ln, Salina,KS 67401 (the"Property").
A copy of the Mortgage is attached as Exhibit"B"and incorporated by reference.
5. The Mortgage was recorded on December 1, 2016,Document No. 1321-1400, in the office of
the Register of Deeds of Saline County,Kansas.
6. Plaintiff is the party entitled to enforce the Note. Plaintiff, directly or through an agent, has
possession of the Note and is enforcing the Note as the party in possession. Plaintiff is the assignee of the
Mortgage. A copy of the Assignment of Mortgage is attached as Exhibit "C" and is incorporated by
reference.
7. Kelly J. Chestnutt died on July 25, 2023. The subject property was held in joint tenancy with
Jim A. Chestnutt, in whom the entire fee was vested. Jim A. Chestnutt is deceased, having died on
September 10,2023.
8. The Heirs at Law of Jim A. Chestnut, deceased are named by virtue of their current
ownership in the subject Property. Any interest that The Heirs at Law of Jim A. Chestnut, deceased may
have in the subject Property would be junior and inferior to Plaintiff's Mortgage.
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File No.244479
f.
9. Dustin Chestnutt is named by virtue of being a known heir of Jim A. Chestnut, Deceased.
Any interest that Dustin Chestnutt may have in the subject Property would be junior and inferior to
Plaintiff's Mortgage.
10. Unknown spouse, if any, of Jim A. Chestnutt is named by virtue of a marital interest in the
subject Property. Any interest that Unknown spouse, if any, of Jim A. Chestnutt may have in the Property
is junior and inferior to Plaintiff's Mortgage.
11. John Doe (Tenant/Occupant) and/or Mary Doe (Tenant/Occupant) are fictitious names of
unknown entities named by virtue of possible occupancy of the Property. Any interest that John Doe
and/or Mary Doe have in the Property is junior and inferior to Plaintiff's Mortgage.
12. City of Salina, KS is named by virtue of a special assessment lien recorded January 19, 2024
in the Register of Deeds office of Saline County, Kansas in Book 1434 at Page 1039, in the original
amount of $343.00. Any interest that City of Salina, KS may claim would be junior and inferior to
Plaintiff's Mortgage.
13. Defendant Dustin Chestnutt is not on active duty in the military service of the United States
of America or subject to the provisions of the Service Members Civil Relief Act of 2003, as amended.
Plaintiff lacks or cannot obtain the information necessary to assess the military status or applicability of
the Act for any other defendant.
14. The Monthly installment payments were not made as they became due, commencing with the
installment payment due on October 1, 2023, and continuing with each monthly installment due
thereafter. Accordingly, the total amount of indebtedness due under the terms of the Note and Mortgage
has been accelerated and is due and payable as follows:
a. the unpaid principal balance of the Note in the sum of$107,040.74;
b. any deferred principal balance;
c. the unpaid interest accruing at the rate provided in the Note from and after September 1,
2023;
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File No. 244479
d. all sums advanced by Plaintiff for title evidence in bringing this action;
e. all sums advanced or to be advanced by Plaintiff prior to sale for real estate taxes and
hazard insurance premiums;
f. accrued late charges;
g. all sums paid by Plaintiff for Bankruptcy attorney fees and court costs, if applicable, or
due from the Defendant prior to sale for insufficient funds charges, property inspections
or property maintenance expenses;and
h. the costs of this action, including reasonable attorney fees,if allowed.
15. Plaintiff is entitled to have the Mortgage foreclosed as a first and prior lien upon the Property.
16. Each of the defendants has or may claim to have some right, title, interest, lien or claim, in,
on or to the Property, but any such claim is junior and inferior and subject and subordinate to the lien of
the Mortgage and should be so adjudged.
17. Less than one-third of the original indebtedness secured by the Mortgage has been paid as the
original indebtedness was $124,889.00 and the current unpaid principal balance due and owing is
$107,040.74. Therefore, under the K.S.A. § 60-2414(m), the redemption period should be fixed at 3
months from the date of the Sheriffs sale; provided, should the Property be or become abandoned or not
occupied in good faith, that any such redemption period may be extinguished. Once the redemption
period has expired, Plaintiff or the holder of the Certificate of Purchase shall be entitled to a writ of
assistance directing the Sheriff to immediately place it or the holder in possession of the Property and its
improvements.
18. 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 a discharge was granted, or the Defendant Borrower converted to a chapter 7 and thereafter a
discharge was granted, then that Defendant Borrower will have no personal liability for the debt which is
the subject of this action. In the alternative, if the Defendant Borrower was a Chapter 7 debtor and this
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File No.244479
NI
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 for the debt which is the subject of
this action.
WHEREFORE, Plaintiff prays for judgment in rem against the property interest of the known and
unknown Heirs at Law of Jim A. Chestnut, deceased in the sum of$107,040.74, together with interest at
the rate provided in the Note from September 1, 2023, to the date of judgment, and thereafter at the
highest rate provided by law until paid; all sums advanced by Plaintiff for title evidence in bringing this
action; filing costs; process and service fees; reasonable attorney fees if provided for by statute; all sums
paid by Plaintiff or due from the Defendant prior to sale for late charges, insufficient funds charges,
property inspections or maintenance expenses; and all sums advanced or to be advanced by Plaintiff prior
to the sale for real estate taxes and insurance premiums.
Plaintiff further prays that the Mortgage be declared a first and prior lien on the Property; that its
Mortgage be foreclosed; that all junior and inferior liens and Mortgages be barred from claiming any
right, title, or interest in the subject property; that the Court order and direct the sale of the Property
according to law, subject to a legal redemption period of 3 months; provided, should the Property be or
become abandoned or not occupied in good faith, that any such redemption period may be extinguished;
for the satisfaction of the money judgment or any balance remaining unpaid; for possession of the
Property after the redemption period has expired; and for such other relief as the Court may deem just and
equitable.
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File No.244479
• l•
PETITION TO FORCLOSE MORTGAGE
NewRez LLC d/b/a Sheilpoint Mortgage Servicing v.The Heirs at Law of Jim A. Chestnut,
deceased, et al.
SouthLaw,P.C.
/s/Blair T. Gisi
Blair T. Gisi(KS#24096)
13160 Foster,
Suite 100
Overland Park,KS 66213-2660
(913)663-7600
(913)663-7899(Fax)
Blair.Gisi@southlaw.com
Attorney for Plaintiff
THE LAW FIRM OF SOUTHLAW, P.C., A DEBT COLLECTOR, IS ATTEMPTING TO
COLLECT A DEBT AS DEFINED BY THE FAIR DEBT COLLECTION PRACTICES ACT
AND ANY INFORMATION OBTAINED BY THE LAW FIRM WILL BE USED FOR THAT
PURPOSE.
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File No.244479
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MIN:1111111111
NOTE
November 16,2016 WESTLAKE, Texas
[Date] [City] [State]
1106 Louise Lane,Salina,KS 67401
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received,I promise to pay U.S. $124,889.00 (this amount is called"Principal'),
plus interest,to the order of the Lender.The Lender is Ditech Financial LLC.
I will make all payments under this Note in the form of cash,check or money order.
I understand that the Lender may transfer this Note.The Lender or anyone who lakes this Note by transfer and who
is entitled to receive payments under this Note is called the"Note Holder.'
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a
yearly rate of 4.375%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B)of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on January 1,2017.
I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be
applied to interest before Principal.If,on December 1,2046, I still owe amounts under this Note,I will
pay those amounts in full on that date,which is called the"Maturity Date.'
I will make my monthly payments at P.O.Box 7169
Pasadena,CA 91109-7169
or at a different place if required by the Note Holder.
(8)Amount of Monthly Payments
My monthly payment will be In the amount of U.S. $623.55.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known
as a'Prepayment.'When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate
a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note.However,the Note Holder may apply
my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to
reduce the Principal amount of the Note.If I make a partial Prepayment,there will be no changes in the due date or in
the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then:(a)any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any
Initials:
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3200 1/01
Erle Mae,Inc. Page 1 of 3 F3200NOT 0107
F3200NOT(CLS)
11/11/2016 09:59 AM PST
EXHIBIT
IA
LOAN N:
sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose
to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.If a refund
reduces Principal,the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 16 calendar
days after the date itis due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000%
of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due,I will be in default.
(C) Notice of Default
If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been
paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice
is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described
above,the Note Holder will still have the right to do so if I am In default at a later lime.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right
to be paid back by me for all of Its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law.Those expenses include,for example,reasonable attorneys'fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method,any notice that must be given tome under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice
of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises
made in this Note,including the promise to pay the lull amount owed.Any person who is a guarantor,surety or endorser
of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations
of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note
Holder may enforce its rights under this Note against each person individually or against all of us together.This means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment"means the right to require the Note Holder to demand payment of amounts due."Notice of Dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to
the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same
date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises
which I make in this Note.That Security Instrument describes how and under what conditions I may be required to
make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as
follows:
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Initiats:' C
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 32001/01
Enka Mae,Inc. Page 2 of 3 F3200NOT 0107
F3200NOT(CLS)
11111/2016 09:59 AM PST
a
LOAN#:
Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the
expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
.e'' (Seal)
Jr A CHESTNUTT
Lender:Oltech Financial LLC
NMLS ID:1057
Loan Originator:Christopher Allen Sieminskl
NMLS ID:1015513 •
•
[Sign Original Only]
initials:
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1,01
Ellie Mae,Inc. Page 3 of 3 F3200NOT 0107
F3200NOT(CLSI
11/11/2018 09:59 AM PST
11
ALLONGE TO NOTE
Statement of Purpose: This Note Allonge is attached to and made a part of the Note,for the purpose of
Noteholder Endorsement to evidence a transfer of interest.
TERMS OF THE NOTE
Note Date 11/16/2016
Borrower(s): JIM A CHESTNUTT
Original Lender: Ditech Financial LLC
Original Loan Amount: $ 124889
Property Address: 1106 LOUISE LN,SALINA,KS 67401
Loan Number(s): Millill_//-//_'
Client/Investor. New Residential Mortgage LLC
PAY TO THE ORDER OF:
WITHOUT RECOURSE
Ditech Financial LLC
by: NewRez LLC d/b/a Shellpoint Mortgage Servicing,as attorney in fact
ICid9-----%
Cynthia M.Floyd,Vice President
NoroAiome 102023
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First American Title Company
Electronically Recorded Document
Ref 1
The attached document was recorded on your behalf by First American
Title Company via our electronic recording process.
We are returning your original document along with this cover page that
includes the post-recording information at the bottom. To view a full
image of the post-recorded document, please visit our website at
www.lendersadvantage.com.
Thank you for allowing First American Title Company to record your
documents.
Recorded Date/Time: 12/1/2016 12:07 PM
Instrument Number: 1321-1400
Book:
Page: •
County/State: Saline/KS
Borrower: JIM A. CHESTNUTT
Document Type: Mortgage
Document Seq: 1 •
Do not detach. This page is now a
permanent part of this document.
Please visit www.famprtoaoeservlces.com to view the entire Recorded document
1 100 Superior Ave
Cleveland,OH 44114
TEL: (216)241-1278
TOLL: (800)221-8683
<http://www.famortgagesery ice s.com>
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•
•
•
ttq•IENRRCORI)IiD,RETURN
FIRST AMERICAN 7777.E INSURANCE CO.
IMO SOL ANA BLVD,BLDG.6
WtS7LAIC.7X 76262
ATI7V:RECORDING •
•
Title Order No.:_ •
LOAN#:
[Space Above This Line For Recording Data]
MORTGAGE
MIN
MERS PHONE#:1-888-879-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11,13,18,20 and 21.Certain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Security Instrument"means this document,which is dated November 16,2016
together with all Riders to this document.
(B) "Borrower"is JIM A.CHESTNUTT AND KELLY J.CHESTNUTT,HUSBAND AND WIFE AS
JOINT TENANTS AND NOT AS TENANTS IN COMMON,WITH FULL RIGHTS OF
SURVIVORSHIP.
Borrower is the mortgagor under this Security Instrument.
(C) "MERS"is Mortgage Electronic Registration Systems,Inc.MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns.MERS is the mortgagee
under this Security Instrument.MERS is organized and existing under the laws of Delaware,and has
an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel.(888)679-MERS.
(D)"Lender"is Ditech Financial LLC
Lender is a Corporation, organized and existing
under the laws of Delaware.
Lender's address is 3000 Bayport Drive,Suite 880,Tampa,FL 33607.
K3c.
KANSAS--Single Family—Fannie MaeiFreddle Mac UNIFORM INSTRUMENT Form 3017 1101 Initials: ;72?-
Ellie Mae,Inc. Page 1 of 11 KSEDEED 0315
KSEDEED(CLS)
1111112018 09:59 AM PST
•
I
LOAN#:
(E) "Note"means the promissory note signed by Borrower and dated November 16,2016.
The Note states that Borrower owes Lender ONE HUNDRED TWENTY FOUR THOUSAND EIGHT
HUNDRED EIGHTY NINE AND NO/100 Dollars(U.S. $124,889.00
plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in full not later than December 1,2046.
(F) "Property"means the property that is described below under the heading"Transfer of Rights in the
Property.'
(G)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late
charges due under the Note,and all sums due under this Security Instrument,plus interest.
(H) "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following
Riders are to be executed by Borrower[check box as applicable):
❑Adjustable Rate Rider ❑Condominium Rider ❑ Second Home Rider
❑Balloon Rider ❑ Planned Unit Development Rider x❑Other(s)[specify)
0 1-4 Family Rider ❑Biweekly Payment Rider UCCC ELECTION RIDER
❑V.A.Rider
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(K) "Electronic Funds Transfer"means any transfer of funds,otherthan a transactionoriginated by check,
draft,or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument,
computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an
account. Such term includes,but is not limited to,point-of-sale transfers,automated teller machine
transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers.
(L) "Escrow Items"means those items that are described in Section 3.
(M)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds
paid by any third party(other than insurance proceeds paid under the coverages described in Section
5)for:(i)damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any part
of the Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as
to,the value and/or condition of the Property.
(N) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default
on,the Loan.
(0)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under
the Note,plus(ii)any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. §2601 et seq.)and its
implementing regulation,Regulation X(12 C.F.R.Part 1024),as they might be amended from time to
time,or any additional or successor legislation or regulation that governs the same subject matter.As
used in this Security Instrument,"RESPA'refers to all requirements and restrictions that are imposed
in regard to a"federally related mortgage loan'even if the Loan does not qualify as a"federally related
mortgage loan'under RESPA.
(0)"Successor in Interest of Borrower"means any party that has taken title to the Property,whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY •
This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions
and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under
this Security Instrument and the Note.For this purpose,Borrower mortgages and warrants to MERS
(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns
of MERS the following described property located in the County
[Type of Recording Jurisdiction]Of Saline [Name of Recording Jurisdiction]:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS"EXHIBIT A".
APN#: 094-19-0-30-11-003.00-0
)),J C.
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which currently has the address of 1106 Louise Lane,Salina,
[Street](Cay]
Kansas 67401 ("Property Address"):
IZip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements,appurtenances,and fixtures now or hereafter a part of the property.Ali replacements and
additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this
Security Instrument as the'Property.'Borrower understands and agrees that MERS holds only legal
title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law
or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right: to
exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the
Property;and to take any action required of Lender including,but not limited to,releasing and canceling
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage,grant and convey the Property and that the Property is unencumbered,except
for encumbrances of record,Borrower warrants and will defend generally the title to the Property against
all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1. Payment of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.
Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any
prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow
Items pursuant to Section 3.Payments due under the Note and this Security Instrument shall be made
in U.S.currency.However,it any check or other instrument received by Lender as payment under the
Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all
subsequent payments due under the Note and this Security Instrument be made in one or more of the
following forms,as selected by Lender:(a)cash;(b)money order;(c)certified check, bank check,
treasurer's check or cashier's check,provided any such check is drawn upon an institution whose
deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or
at such other location as may be designated by Lender in accordance with the notice provisions in
Section 15.Lender may return any payment or partial payment if the payment or partial payments are
insufficient to bring the Loan current.Lender may accept any payment or partial payment insufficient
to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future,but Lender is not obligated to apply such payments at the
time such payments are accepted.If each Periodic Payment is applied as of its scheduled due date,
then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until
Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable
period of time,Lender shall either apply such funds or return them to Borrower. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure.No offset or claim which Borrower might have now or in the future against Lender shall
relieve Borrower from making payments due under the Note and this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds.Except as otherwise described in this Section 2,all
payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest
due under the Note;(b)principal due under the Note;(c)amounts due under Section 3.Such payments
shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts
shall be applied first to late charges,second to any other amounts due under this Security Instrument,
and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and
the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be
paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
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3. Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due
under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due
for:(a)taxes and assessments and other items which can attain priority over this Security Instrument
as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if
any;(c)premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage
Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of
Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called
"Escrow Items."At origination or at any time during the term of the Loan,Lender may require that
Community Association Dues,Fees,and Assessments,if any,be escrowed by Borrower,and such
dues,fees and assessments shall be an Escrow Item.Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items
unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such
waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where
payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time
period as Lender may require.Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase"covenant and agreement'is used in Section 9.If Borrower is obligated to pay Escrow
Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender
may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount.Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,
Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply
the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can
require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or
in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than
the time specified under RESPA.Lender shall not charge Borrower for holding and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement
is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in
writing,however,that interest shall be paid on the Funds.Lender shall give to Borrower,without charge,
an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to
Borrower for the excess funds in accordance with RESPA,if there is a shortage of Funds held in escrow,
as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay
to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more
than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,
Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Llens.Borrower shall pay all taxes,assessments,charges,fines, and impositions
attributable to the Property which can attain priority over this Security Instrument,leasehold payments
or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if
any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided
in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the hen in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the
lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's
opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Security
Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which
that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above
in this Section 4.
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Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire,hazards included within the term*extended coverage,'and
any other hazards including, but not limited to, earthquakes and floods,for which Lender requires
insurance.This insurance shall be maintained in the amounts(including deductible levels)and for
the periods that Lender requires. What Lender requires pursuant to the preceding sentences can
change during the term of the Loan.The insurance carrier providing the insurance shall be chosen by
Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised
unreasonably.Lender may require Borrower to pay,in connection with this Loan,either:(a)a one-time
charge for flood zone determination,certification and tracking services;or(b)a one-time charge for
flood zone determination and certification services and subsequent charges each time remappings
or similar changes occur which reasonably might affect such determination or certification.Borrower
shall also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connectior with the review of any flood zone determination resulting from an objection by
Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage,at Lender's option and Borrower's expense.Lender is under no obligation to purchase any
particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might
not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect.Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost
of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section
5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and
renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices, If Borrower obtains any form of insurance coverage, not otherwise
required by Lender,for damage to,or destruction of,the Property,such policy shall include a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender
may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree
in writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,
shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible
and Lender's security is not lessened.During such repair and restoration period,Lender shall have the
right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment
or in a series of progress payments as the work is completed.Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required
to pay Borrower any interest or earnings on such proceeds.Fees for public adjusters,or other third
parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole
obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would
be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due,with the excess,if any,paid to Borrower.Such insurance proceeds shall be
applied in the order provided for in Section 2.
If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that
the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The
30-day period will begin when the notice is given. In either event, or if Lender acquires the Property
under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any
insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security
Instrument, and (b)any other of Borrower's rights(other than the right to any refund of unearned
premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights
are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair
or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether
or not then due.
6. Occupancy.Borrower shall occupy,establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date of occupancy,unless
Lender otherwise agrees in writing,which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
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7. Preservation,Maintenance and Protection of the Property;Inspections.Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property.Whether or not Borrower is residing in the Property,Borrower shall maintain the Property
in order to prevent the Property from deteriorating or decreasing in value due to its condition.Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a
series of progress payments as the work is completed.If the insurance or condemnation proceeds are
not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property.If it has
reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall
give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable
cause.
8. Borrower's Loan Application.Borrower shall be in default if, during the Loan application
process,Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false,misleading,or inaccurate information or statements to
Lender(or failed to provide Lender with material information)in connection with the Loan.Material
representations include,but are not limited to,representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument
If(a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,
(b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or
rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation
or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to
enforce laws or regulations), or(c)Borrower has abandoned the Property, then Lender may do and
pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights
under this Security Instrument, including protecting and/or assessing the value of the Property, and
securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying
any sums secured by a lien which has priority over this Security Instrument; (b) appearing in
court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights
under this Security Instrument, including its secured position in a bankruptcy proceeding.
Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code
violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action
under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so.
It is agreed that Lender incurs no liability for not taking any or all actions authorized under this
Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument.These amounts shall bear interest at the Note rate from the dale
of disbursement and shalt be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the
lease.Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or
cancel the ground lease. Borrower shall not,without the express written consent of Lender,alter or
amend the ground lease.If Borrower acquires fee title to the Property,the leasehold and the fee title
shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the
Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any
reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage
insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums
required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at
a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,
from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance
coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect.Lender will
accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in
full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.
Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and
for the period that Lender requires)provided by an insurer selected by Lender again becomes available,
is obtained,and Lender requires separately designated payments toward the premiums for Mortgage
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Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-
refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with
any written agreement between Borrower and Lender providing for such termination or until termination
is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest
at the rate provided in the Note.
Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses
it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and
may enter into agreements with other parties that share or modify their risk,or reduce losses.These
agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party
(or parties) to these agreements. These agreements may require the mortgage insurer to make
payments using any source of funds that the mortgage insurer may have available(which may include
funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing,may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage
Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such
agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a
share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."
Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the
amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(b) Any such agreements will not affect the rights Borrower has-if any-with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights
may include the right to receive certain disclosures,to request and obtain cancellation of the
Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive
a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation
or termination.
11. Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, if the restoration or repair is economically feasible and Lender's security is not
lessened. During such repair and restoration period, Lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken
promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed.Unless an agreement is made in writing or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not
economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if
any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument,whether or not then due,with the
excess,if any,paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking,destruction,or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction:(a)the total amount of the sums secured immediately before the
partial taking,destruction, or loss in value divided by(b)the fair market value of the Property
immediately before the partial taking, destruction, or loss in value.Any balance shall be paid to
Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking,destruction,or loss in value is less than the
amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless
Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the
sums secured by this Security Instrument whether or not the sums are then due.
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If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing
Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower
fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument,whether or not then due."Opposing Party'means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action
in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in
Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,
if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding
to be dismissed with a ruling that,In Lender's judgment,precludes forfeiture of the Property or other
material impairment of Lender's interest in the Property or rights under this Security Instrument.The
proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest
in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability
of Borrower or any Successors in Interest of Borrower.Lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to 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 any Successors in Interest of Borrower. Any
forbearance by Lender in exercising any right or remedy including, without limitation, Lender's
acceptance of payments from third persons,entities or Successors in Interest of Borrower or in
amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right
or remedy.
13. Joint and Several Liability;Co-signers;Successors andAssigns Bound.Borrowercovenants
and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower
who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing
this Security Instrument only to mortgage,grant and convey the co-signer's interest in 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 can agree to extend,
modify,forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without the co-signer's consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain
all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
in writing.The covenants and agreements of this Security Instrument shall bind(except as provided in
Section 20)and benefit the successors and assigns of Lender.
14. Loan Charges.Lender may charge Borrower fees for services performed in connection with
Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation
fees.In regard to any other fees,the absence of express authority in this Security Instrument to charge
a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.
Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable
Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with the Loan exceed
the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce
the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,
the reduction will be treated as a partial prepayment without any prepayment charge(whether or not
a prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made
by direct payment to Borrower will constitute a waiver_of any right of action Borrower might have arising
out of such overcharge.
15. Notices.All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed
to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means.Notice to any one Borrower shag constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise.The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
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promptly notify Lender of Borrower's change of address.If Lender specifies a procedure or repo ing
Borrower's change of address, then Borrower shall only report a change of address through that
specified procedure.There may be only one designated notice address under this Security Instrument
at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower.
Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender
until actually received by Lender.If any notice required by this Security Instrument is also required under
Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this
Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located.All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent,but such silence shall not be construed as a prohibition against agreement by contract.
In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a)words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and
include the plural and vice versa;and(c)the word'may'gives sole discretion without any obligation
to take any action.
17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument.
18.Transfer of the Property or a Beneficial Interest In Borrower.As used in this Section 18,
"Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited
to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract
or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior
written consent,Lender may require immediate payment in full of all sums secured by this Security
Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19.Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of:(a)five days before sale of the Property pursuant to Section 22 of this Security
Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or(c)entry of a judgment enforcing this Security Instrument.Those conditions are
that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and
the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not
limited to,reasonable attorneys'fees,property inspection and valuation fees,and other fees incurred
for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;
and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the
Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured
by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)
cash; (b)money order, (c)certified check, bank check,treasurer's check or cashier's check,provided
any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under
Section 18.
20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest
in the Note(together with this Security Instrument)can be sold one or more times without prior notice
to Borrower.A sale might result in a change in the entity(known as the"Loan Servicer')that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note,this Security Instrument,ane Applicable Law.There also might
be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of
the Loan Servicer,Borrower will be given written notice of the change which will state the name and
address of the new Loan Servicer,the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and
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thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage
loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a
successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by
the Note purchaser.
- Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an
individual litigant or the member of a class)that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of.or any duty owed
by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with
such notice given in compliance with the requirements of Section 15)of such alleged breach and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective
action.If Applicable Law provides a time period which must elapse before certain action can be taken,
that time period will be deemed to be reasonable for purposes of this paragraph.The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances.As used in this Section 21:(a)'Hazardous Substances"are those
substances defined as toxic or hazardous substances, pollutants,or wastes by Environmental Law
and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic
pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and
radioactive materials;(b)"Environmental Law"means federal laws and laws of the jurisdiction where
the Property is located that relate to health, safety or environmental protection; (c)`Environmental
Cleanup'includes any response action,remedial action,or removal action,as defined in Environmental
Law; and(d)an "Environmental Condition'means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances,or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation
of any Environmental Law,(b)which creates an Environmental Condition,or(c)which,due to the
presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value
of the Property.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 of the Property(including,but not limited to,hazardous
substances in consumer products).
Borrower shall promptly give Lender written notice of(a)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, (b) any
Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat
of release of any Hazardous Substance,and(c)any condition caused by the presence,use or release
of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is
notified by any governmental or regulatory authority,or any private party,that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly
take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create
any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
22.Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument(but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice
shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than
30 days from the date the notice is given to Borrower,by which the default must be cured;and
(d)that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding
and sale of the Property.The notice shall further inform Borrower of the right to reinstate after
acceleration and the right to assert in the foreclosure proceeding the non-existence of a default
or any other defense of Borrower to acceleration and foreclosure.If the default is not cured on
or before the date specified in the notice,Lender at its option may require immediate payment in
full of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22,including,but not limited to,costs
of title evidence.
Lender shall be entitled to collect all reasonable expenses incurred In pursuing the remedies
provided in this Section 22,including,but not limited to,reasonable attorneys'fees,to the extent
allowed by Applicable Law.
23. Release.Upon payment of all sums secured by this Security Instrument,Lender shall release
this Security Instrument.Lender may charge Borrower a fee for releasing this Security Instrument,but
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only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under
Applicable Law.
24. Waiver of Redemption. Borrower waives all rights of redemption to the extent allowed by
law.
BY SIGNING BELOW,Borrower accepts an. .. :es to the terms and covenants contained in this
Security ment
and in any Rider executed.y Borr•wer and recorded with it.
Ai "/Seal)
I A CHESTNUTT DATE
fur: DJ& (Seal)
KELLY .0 ESTNUTT 1, DATE
C
State of KANSAS
County of:SALINE
This instrument was acknowledged before me on NOVEMBER 16,2016(date)by JIM A
CHESTNUTT AND KELLY J.CHESTNUTT(name(s)of person(s)).
(Seal,if any) ry-N
MC6AFFIN / + �I�
Notary Public Title and Rank:� r,, ) C-
TOM
6/
Stile of Kansas �j
My Commission Expires . o; My Commission Expires:
ix/A7147/�
Lender:Ditech Financial LLC
NMLS ID:1057
Loan Originator:Christopher Allen Siominski
NMLS ID:1015513
•
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•ALL-PURPOSE•ACKNOWLEDGEMENT
STATE:OF:,
COUNTY OF: cfIi tie
On this i Y'it day dA/ t , r Zo/6, before.me,
/40At/4.44. dit ,allotary
Public, personally appeared
who proved to me on'the basis of satisfactoryevidence to be.the
.person(s):whose,name(s)islare subscribed to the within instrument and
acknowledged to me that he/She/they executed the same'in his/her/their
authorised capacity(ies),.and'that by his/her/their signatures)on.the
instrument theiperson(s).or the:entity upon behalf of which the person(s)
acted,executed the instrument.
Witness my hand.and official seal (Seal)
Signature: /•.• �at • ../
�i r
Printed tame: trrr� gAWL� 1 TOM MCGAffIN..
Mr i ommissien expitvs: LAtY _ Notary Public
State of Kansas ,�
My Commission Expires i �=�a
Description of attached document:
Title or type of document: v e` )
Document date: //��,/�0/6 Number of pages: 11
Signers other than the names above: it/Q Ke
EXHIBIT 'A'
File No.:
Property: 1106 Louise Lane, Salina, KS 67401
LOT TWO(2), BLOCK EIGHT(8), REPLAT OF LOT TWENTY-TWO (22), BLOCK THREE(3)AND
LOT NINE(9), BLOCK SIX(6), DOW ADDITION TO THE CITY OF SALINA,SALINE COUNTY,
KANSAS.
A.P.N. 094-19-0-30-11-003.00-0
CHESTNUTT
KS
FIRST AMERICAN ELS
MORTGAGE
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KANSAS UCCC ELECTION
RIDER
This Kansas Uniform Consumer Credit Code(the"KS UCCC")Election RIDER is made this 16th
day of November,2016 and is incorporated into and shall be deemed to amend and supplement
the Mortgage,Deed of Trust,or Security Deed(the'Security Instrument")of the same date given by the
undersigned(the"Borrower)to secure Borrower's Promissory Note,whether Fixed or Adjustable Rate
(the"Note')to Ditech Financial LLC
its successors and assigns(the"Lender"),of the same date and covering the property described in the
Security Instrument and located at:
1106 Louise Lane
Salina,KS 67401
ADDITIONAL COVENANTS.In addition to the covenants and agreements made in the Security Instru-
ment,Borrower and Lender further covenant and agree as follows:
1. UCCC Election:Borrower and Lender have elected to have the Note governed by sections 16a-
1-101 through 16a-9-102 of the KS UCCC(including the interest rates in section 16a-2-401).
2. Late Charge:In accordance with 16a-2-502 of the KS UCCC,the section of the Note that refers
to the Late Charge for Overdue Payments is modified to provide that a delinquency charge may
be assessed on any installment not paid in full within 10 days after its scheduled or deferred due
date in an amount not exceeding 5%of the unpaid amount of the installment or$25,whichever
is less.
3. Recovery of Reasonable Collection Costs:Pursuant to 16a-2-507 of the KS UCCC,Borrower
agrees that any provisions of the Note or Security Instrument relating to collection costs and attor-
neys'fees are modified to provide that the Borrower agrees to pay reasonable costs of collection,
including,but not limited to,court costs,attorneys'fees and collection agency fees,except that
such costs of collection:(1)May not include costs that were incurred by a salaried employee of
the creditor or its assignee;(2)may not include the recovery of both attorneys'fees and collection
agency fees;and(3)shall not be in excess of 15%of the unpaid debt after default.
By signing below,Borrower accepts and agrees to the terms and covenants contained in this Kansas UCCC
Election RIDER to Security Instrument.All other provisions of the Security Instrument are unchanged and
remain in full force and effect
Notice to Consumer:
a. Do not sign this agreement before you read it
i b. You are entitled to a copy of this agreement.
You may prepay the unpaid balanc:...- e without penalty.
/r. '- e i
/� '/ (soot)
-7A CHESTNUTT DATE
4 "btd- ��(� (Seal)K LY .Cy}ESTNUTT
DATE
(Seal)
Initials: 41C.,
Elle Mae.Inc. KSUCCCRDU 1212
KSUCCCRDU(CIS)
11111/2018 0959 AM PST
-4 4
1
1
1
.* s
110111111 IIIIIIII111111 1101 1111 111111111111111 11111111131
i•– - REBECCA SEEMAN
'',.. ...;-*---4\REGISTER OF DEEDS SALINE COUNTY KANSAS
, .,..t. ,
' . :; •••• -)Book:1434 Page: 88-88
C
11,{1...•„/
.. ;;:.,'Receipt*: 150444 Recording Fee: ;20.00
Pages Recorded: lc My
. .. Date Recorded: 1/2/2024 8:50:58 AM
, ..-
-,...
•
'• . ,, . ,,
Whenorded Return To:
Shell ns,Mortgage Servicing
pstr
C/O tia wide Title Clearing,LLC "•:. '''z-,,.. ..,"
210Q.A.19 North ,..
Palm Harbor,FL 34683
Loan Number
. -
ASSIGNMENT OF MORTGAGE
SEND ALL OTHER BORROWER OR LOAN RELATED CORRESPONDENCE TO: Shelipoint
Mortgage Servicing,P.O.Box 10826,Greenville,SC 29603-0826,Toil-free Phone:(800)365-7107
FOR GOOD AND VALUABLE CONSIDERATION,the sufficiency of which is hereby acknowledged.the
undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS
MORTGAGEE,AS NOMINEE FOR DITECH FINANCIAL LLC,ITS SUCCESSORS AND ASSIGNS,
(ASSIGNOR),(MERS Address:P.O.Box 2026,Flint,Michigan 48501-2026)by these presents does convey, --
grant,assign,transfer and set over the described Mortgage with all liens,and any rights due or to become due
thereon to NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING,WHOSE ADDRESS IS 11JI
VIRGINIA DR STE 125, FORT WASHINGTON, PA 19034, ITS SUCCESSORS AND ASSIG ,i
(ASSI9.
Said Mort a)-,..,
ii7lt Thea
is dated 11/16/2016,was executed by JIM A.CHESTNU1T AND KELLY J.CHES
MOR?
ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, Ayr .
FOR D CH FINANCIAL LLC,ITS SUCCESSORS AND ASSIGNS,and was recorded on I/2016 in
Bop1t_1321 and Pagc_1440 of the records of the Register of Deeds for SALINE County,Kana. A,, j
IT TWO(2).BLOCK EIGHT(8),REPLAT OF LOT TWENTY-TWO(22),BLOCK THREE(3)AND LOT
,.....,;,) NINE(9),BLOCK SIX(6).DOW ADDITION TO THE CITY OF SALINA,SALINE COUNTY,KANSAS.
...
Dated on IL/L.)--12023(MM/DD/YYYY).
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"),AS MORTGAGEE, AS
, NOMINEE FOR DITECH FINANCIAL LLC,ITS SUCCESSORS AND ASSIGNS
By g(ettt4.
,
,... Susan Hicks
VICE PRESIDENT
All persons whose signatures appear above have qualified authority to sign and have reviewed this document and
supporting documentation prior to signing.
STATE OF FLORIDA COUNTY OF PINELLAS
The foregoing in2nzent.jx2acknowledged before rit•Y‘pttans of (XI physical presence or I I online
notarization on 023(MM/DD/YYylVnAusan Hicks as VICE PRESIDENT of MORTGAGE
EL ''NW REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS NOMINEE FOR
DIT'4 INANCIAL LLC, ITS SUCCESSORS AND ASSIGNS, who, as such VICE PRESIDENT being
10111
(
aut . to do so,ex. ted/the fore,goiingigg truntist;..::::i..7.the pu‘;cKyorpwokRsetoccoyspueLtheyreicin contained. He/she/they is(are)
pers. • . known o me. t•
/ - • *: STATE OF FLORIDA
,1,1,,„‘..„44/j . ,,i, I— __,__ N..sez. COMMONN 328470
/ •.S'1,,... EXPIRES:12/180026
Vic McCoy/
Notary Public TATE OF FL''IDA
Commission expires:12/18/2026
SPTDA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.(MERS)
PRE-REFERRAL MIN MERS PH911E1-81313.679-6377 MERS Mailing Address:P.O.
Box 2026,Flint,MI 48501.2026 DOCR T192312.10:59:01[CII FRMKS I
J" ‘'-
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