Mortgage Foreclosure - Shirley Rodriquez ELECTRONICALLY FILED
r r 7711 .7 2024 Mar 18 AM 9:53
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000057
1C214 !,� 9 Yi : 37
PII COMPLIANT
to
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Court: Saline County District Court
Case Number: SA-2024-CV-000057
Case Title: PennyMac Loan Services, LLC vs . Shirley K
Rodriquez (Deceased) , et al
Type: ORD: Summons - Filer Drafted Summons-City of
saliva
SO ORDERED,
/s/ Clerk of the District Court
Electronically signed on 2024-03-18 09:53:16 page 1 of 2
State of Kansas.County of Saline,S.S.
I hereby certify the within to be a
true copy of the original writ with the
endorsements thereof.
111'.#
ShFtriff
a
•
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
PennyMac Loan Services, LLC ) Case No.
Court No.
Plaintiff, )
) Title to Real Estate Involved
vs. )
) Pursuant to K.S.A. §60
City of Salina, Kansas )
Serve at: )
300 W Ash St )
Salina, KS 67402 )
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: Millsap & Singer, LLC, 8900 Indian Creek Parkway, Suite 180,
Overland Park, KS 66210 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 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
Date: , 202 By:
Deputy Clerk
11E11011 I I 11111 1111111111 III I 1 I 1111111111 111111
MS 217789 437101 KJFC
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it 1
A
ELECTRONICALLY FILED
2024 Mar 15 PM 4:13
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000057
PII COMPLIANT
Millsap& Singer, LLC
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
IN THE DISTRICT COURT OF SALINE COUNTY,KANSAS
CIVIL DEPARTMENT
PennyMac Loan Services, LLC ) Cause No.
Plaintiff, ) Court No.
)
vs. ) Title to Real Estate Involved
)
Shirley K. Rodriquez(Deceased) ) Pursuant to K.S.A. §60
Serve At: )
Publication Service )
)
John Doe )
Serve At: ) �.
1214 Crescent Dr ) i.
Salina, KS 67401 )
)
Jane Doe )
Serve At: )
1214 Crescent Dr )
Salina,KS 67401 )
)
Unknown Heirs of Shirley K. Rodriquez )
(Deceased) )
Serve At: )
2905 Nugget Rd )
Longford,KS 67458 )
And to: )
1214 Crescent Dr )
Salina, KS 67401 )
)
Felicia I-Iiggins )
Serve At: )
801 N Barber St )
McPherson, KS 67450 )
)
)
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MS File No.217789.437101 KJFC
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• is
1
Melissa Rodriquez ) 1
Serve At: )
1214 Crescent Dr )
Salina,KS 67401 )
)
Charolette Everhart )
Serve At: )
3203 Foxboro Dr )
Salina,KS 67401 )
)
Amanda Neef )
Serve At: )
720 Frey Dr )
Manhattan, KS 66502 )
)
Janet Jackson )
Serve At: )
601 Seitz Dr
Salina,KS 67401 )
And to: )
3123 Foxboro Dr )
Salina, KS 67401 )
Allan Baker )
Serve At: )
873 Willow Dr )
Salina, KS 67401 )
City of Salina, Kansas )
Serve At: ) •
300 W Ash St )
Salina, KS 67402 )
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 )
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and trustees of any defendants that are )
minors or are under any legal disability and )
all other person who are or may be )
concerned; )
)
Defendants. )
PETITION FOR MORTGAGE FORECLOSURE
COMES NOW Plaintiff, PennyMac Loan Services, LLC, by and through counsel,
Millsap & Singer, LLC, and for its cause of action against Defendants states and alleges as
follows:
1. Plaintiff is duly authorized by law to conduct business in the State of Kansas.
2. Defendant, Shirley K. Rodriquez (Deceased) has an interest in the underlying
Property that is the subject of this suit located in Saline County, Kansas and will be served by
publication.
3. Defendant, Unknown Heirs of Shirley K. Rodriquez (Deceased) 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 1214 Crescent Dr, Salina, KS 67401, and
to 2905 Nugget Rd, Longford, KS 67458.
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 1214 Crescent Dr, 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 1214 Crescent Dr, Salina, KS 67401.
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6. Defendant, Allan Baker 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 873 Willow Dr, Salina,KS 67401.
7. Defendant, Amanda Neef 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 720 Frey Dr,Manhattan, KS 66502.
8. Defendant, Charolette Everhart 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 3203 Foxboro Dr, Salina, KS 67401.
9. 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, Salina,KS 67402.
10. Defendant, Felicia Higgins 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 801 N Barber St,McPherson,KS 67450.
11. Defendant, Janel Jackson 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 601 Seitz Dr, Salina, KS 67401, and to 3123 Foxboro Dr, Salina, KS
67401.
12. Defendant, Melissa Rodriquez has an interest in the underlying Property that is
the subject of this suit located in Saline County, Kansas and will be served by publication.
13. PIaintiff seeks to serve by publication all those known and unknown parties as set
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forth in K.S.A. §60-307.
14. The Property which is the subject of this action ("Property") is known and
numbered as 1214 Crescent Dr, Salina, KS 67401 and is legally described as follows:
LOT TWENTY-FOUR (24), BLOCK FOUR (4) FOX RUN ADDITION TO
THE CITY OF SALINA, SALINE COUNTY,KANSAS.
Parcel ID No. 085-131-02-0-20-02-006.00-0
15. On June 28,2019, Shirley K. Rodriquez executed a Note ("Note") in exchange for
loaned funds in the principal sum of$64,000.00, 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.
16. On June 28, 2019, Shirley K. Rodriquez executed a Mortgage ("Mortgage") to
Mortgage Electronic Registration Systems, Inc. as nominee for NBH Bank to secure repayment
of the Note. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and
incorporated herein by reference.
17. The Mortgage was recorded on June 28, 2019 in the office of the Register of
Deeds for Saline County in Book 1358 on Page 96. The mortgage registration tax was paid in
full.
18. Said Mortgage was assigned to Plaintiff by an Assignment of Mortgage recorded
on November 1, 2023 in Book 1432 on Page 363 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.
19. Subsequent to the execution of the Note and Mortgage, Shirley K. Rodriquez
entered into a Loan Modification Agreement dated June 23, 2022, whereby the terms of
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repayment under the Note were modified and a new unpaid principal balance was agreed upon in
the amount of $64,180.52 together with interest. A copy of the 2022 Loan Modification is
attached hereto and incorporated by this reference as Exhibit"D".
20. 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.
21. The Mortgage provides that the mortgagor will promptly pay the principal and
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 mortgagor to the
mortgagee shall, at the option of the mortgagee, become immediately due and payable and that
the mortgagee shall have the right to foreclose on said Mortgage.
22. Shirley K. Rodriquez has failed, neglected and refused to make the payments due
under the Note and Mortgage from July 1, 2023, and is 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.
23. As a result of the foregoing default, there is now due and owing the sum of
$68,150.15 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,
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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.
i
24. At the time of the default in the payment of Plaintiff's 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.
25. The Unknown Heirs of Shirley K. Rodriquez (Deceased) is the title owner of the
Property. Any such interest is subject to Plaintiff's first lien position.
26. Defendant Jane Doe may have a possessory interest in the Property. Any such
interest is junior, inferior and subject to Plaintiffs first lien position.
27. Defendant John Doe may have a possessory interest in the Property. Any such
interest is junior, inferior and subject to Plaintiffs first lien position.
28. Defendant Allan Baker may have an interest in the Property as an heir. Any such
interest is junior, inferior and subject to Plaintiffs first lien position.
29. Defendant Amanda Neef may have an interest in the Property as an heir. Any
such interest is junior,inferior and subject to Plaintiffs first lien position.
30. Defendant Charolette Everhart may have an interest in the Property as an heir.
Any such interest is junior, inferior and subject to Plaintiffs first lien position.
31. Defendant City of Salina, Kansas may have an interest in the Property as a result
of a lien recorded on September 29, 2021, in Book 1401 on Page 613 in the original amount of
$151.00. Any such interest is junior,inferior and subject to Plaintiffs first lien position.
32. Defendant Felicia Higgins may have an interest in the Property as an heir. Any
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such interest is junior, inferior and subject to Plaintiffs first lien position.
33. Defendant Janel Jackson may have an interest in the Property as an heir. Any
such interest is junior,inferior and subject to Plaintiffs first lien position.
34. Defendant Melissa Rodriquez may have an interest in the Property as an heir.
Any such interest is junior, inferior and subject to Plaintiffs first lien position.
35. Unknown Heirs may assert some interest in the Property by virtue of their
occupancy of the Property but any such interest is inferior and subordinate to the lien of the
Plaintiff.
36. 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.
37. None of the Defendants are subject to the provisions of the Servicemembers Civil
Relief Act of 2004, as amended.
38. 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 rem judgment against Shirley K. Rodriquez and
her interest to the Property in the sum of$68,150.15, together with interest thereon as stated in
the Note until paid in full, Plaintiff's costs incurred herein, including but not limited to, title
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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: To the action payment of costs and accruing costs of this action;
SECOND: To the payment of any real property taxes that may be due and unpaid
upon the Property;
THIRD: To the payment of the indebtedness due this Plaintiff as hereinbefore set
forth;
FOURTH: The surplus to be paid in accordance with the order of the Court herein.
Plaintiff further prays that Shirley K. Rodriquez (Deceased), Unknown Heirs of Shirley
K. Rodriquez (Deceased), Jane Doe, John Doe, Allan Baker, Amanda Neef, Charolette Everhart,
City of Salina, Kansas, Felicia Higgins, Janel Jackson, Melissa Rodriquez 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 Sheriff's 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
Property is not redeemed within three (3)months from the date of Sheriff's Sale, the Sheriff shall
deliver to the holder of said certificate a good and sufficient Sheriff's Deed to the Property
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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 Sheriff's 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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Respectfully `bymitted
MILLSAP /jER, LLC
/ /. r
By:
Victor B. inkelstein,#13410
vfinkelstein@msfirm.com
Chad R. Doornink,#23536
cdoornink@msfirm.com
8900 Indian Creek Parkway, Suite 180 i
Overland Park,KS 66210
(913) 339-9132
(913) 339-9045 (fax) •
By:
Christina E. Carr, #27514 •
ccarr@msfum.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.217789.437101 KJFC
EXHIBIT
A LOAN f!
MIN:
NOTE
June 28,2019 Kansas City, Missouri
[Date] ]City] [State]
1214 Crescent Or,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. $64,000.00 (this amount is called"Principal'),
plus interest,to the order of the Lender.The Lender Is NBH Bank,
I will make all payments under this Note fn the form of cash,check or money order.
I understand that the Lender may transfer this Note,The Lender or anyone who takes 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.t will pay Interest at a
yearly rate of 4.625%,
The Interest rate required by this Section 21s the rate I will pay both before end 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 August 1,2019.
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 July 1,2049, 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 5175 North Academy Blvd.
Colorado Springs,CO 80918
•
orate different place if required by the Note Holder.
(B)Amount of Monthly Payments
My monthly payment will be In the amount of U.S. $329.05.
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.t 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 1 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
MULTISTATE FIXED RATE NOTE-Single FemllyFannle MeslFreddle Muc UNIFORM INSTRUMENT Form 3200 1101
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•
LOAN#:�
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 15 calendar
days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.000'A
of my overdue payment of principal and interest,I will pay this late charge promptly but only once on each tale 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 dale 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 time.
(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 to me under this Note will be given
by delivering It or by mailing It by first class mall 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 mall to the Note Holder at the address staled in Section 3(A)above or eta 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 full amount owed,Any person who is a guarantor,surety or endorser
of this Note Is also obligated to do these things.Any person who takes over these obligations,Including the obligations
of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note
Holder may enforce its rights under this Note against each person individually or against all of us together:This means
that any ono of us may be required to pay all of the amounts owed under this Note,
9. WAIVERS
I 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,
70,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 aro 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•
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•
•
LOAN#1111.1111111
Borrower must pay all sums secured by this Security Instrument.If Borrower falls 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 SEALS : • NDERSI l —"
(Seal)
SHI' EY/C:13' Z
Lender:NBH Ba - I
NMLS ID:MN=
Loan Ori inator:Nancy McElderry •
NMLS ID
PAY TO THE ORDER OF: Pelnaymac Corp.
WITHOUT RECOURSE
NBH Bank,a Colorado Corporation
BY:, .Gdrrfre... GQ«✓ , ' i.
TITLE: DIONNE DAVIS
POST CLOSING SPECIALIST
WITHOUT REQOURSE JS
PAY TO THE ORM OP V �A
(1
WE fir. LED !f/13�J0 1
BY •
IIL
JACKIE C.MUELLER,SENIOR VICE PRESIDENT •
010
•
PAYTOTHE ORDER I F: WELLS F GO BANK,N.A.
WITHOUT RECOURS
NBH Bank,a Colorado •rpor ion
J
BY: . . S . •,
DIONN *AVIS •
POST OSING SPECIAL ST
TITLE:
•
•
•
[Sign Original Only]
MULTISTATE FIXED RATE NOTE-Single Farnlly-Fannin MaofFroddla Mac UNIFORM INSTRUMENT Form 32001/01
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•
ALLONGE TO NOTE
LOANtt:
PROPERTY ADDRESS: 1214 CRESCENT DR,SAUNA, KS 67401
PRINCIPAL BALANCE: $64000
BORROWER:SHIRLEY K RODRIQUEZ
CO-BORROWER:
PAY TO THE ORDER OF:
WITHOUT RECOURSE:PennyMac Corp.
BY
TITLE: Rosemar Nisperos,Authoriz Representative
LAND TITLE SERVICES,INC,
136 N.7th Street ,..
REBECCA SEEMAN
Salina,KS 8740111111111111111 ...,/,.4....4.;...N
4;.''''''-z... '`.‘.,,,R EG I ST E R OF DEEDS SALINE COUNTY KANSAS
FILE# t, i.
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( ( ',',' )Book:' 1358 Page: 96-107
..... -
4 4— *;-; ,, Receipt#:123663 GIi.) Recording Fee:$125.00
•*1 '---- "'
Pages Recorded:12 Mortgage Amount: $64,000.00
Date Recorded: 6/28/2019 4:40:10 PM
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'NBH Bank
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1899 Woodmoor Drive
Monument,CO 80132
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Title OrX0(N64
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MERS PHONE#:11888-679-6377
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',,. • DEFINITIONS —.Words used in multiple sections of this document are defined below'4U' words are defined in
., .„
Sections 3, 11, 13, 18,20 and 21,Certain rules regarding the usage of,triaids used in this document
are also provided in Section 16.
(A) "Security Instrument"means this document,which Is datd Jiine 28,2019
together with all Riders to this document.
(B) "Borrower"is SHIRLEY K.RODRIQUEZ,A SINGLE PERSON.
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Borrower Is the mortgagor under this SeatIfity)nstrument.
(C) "MERS"is Mortgage Electronic'RegisIiiition Systems,Inc,MERS is a separate corporation that is
acting solely as a nominee for Lender 4i-id Lender's successors and assigns.MERS is the mortgagee
under this Security Instrumen1,,,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 NBH Bank.
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Lender is a Colorado Corporation, organized and existing
..
under the laws of The United States of America. 0.,,,,,
Lender's address is 5175 North Academy Blvd1pgibrado Springs,CO 80918.
I v
KANSAS-Single Fan-lily-Fannie MaelFredde Mai UNIFORM INSTRUMENT Form 3017 1101
Eine Mae,Inc. ''
Page 1 of 11 KSEDEED 0315
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(E) "Note"means the promissory note signed by Borrower and dated June 28,2019.
The Note states that Borrower ores Lender SIXTY FOUR THOUSAND AND NO/100'`""••"'
Dollars(U.S. $64,000.00 ) "`
plus interest.Borrower ties promised to pay this debt in regular Periodic Payments and to pay the debt ',+"`;
in full not later than July,12049. Si,."Y':
(F) "Property'ypaeans t)e property that Is described below under the heading Transfer of Rights in the i"
Property." f'' : f,+' .tire.„;.'
(G)"Loa,rye,:.ri'feans.:ihe debt evidenced by the Note,plus interest,any prepayment charges and fafa„,'��,, y
charges due under the Note,and all sums due under this Security Instrument,plus interest. 3. r. '
(H) "Rider;t_ 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): ,
.,,.=-7,4' Adjustable Rate Rider
CI Condominium Rider CI Second Home-Rider ti,,y
M''Balloon Rider ❑Planned Unit Development Rider 0 Other(s)[specify.)':ti'
„ .,;i''`"'0 1-0 Family Rider ❑Biweekly Payment Rider ,...,.,,:z17.1,;}
"4*.
?,� ❑V.A.Rider ``I.
"a ka (I) "Applicable Law"means all controlling applicable federal,state and-local 41atutes,regulations,
}•.;ate'kr' 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,other tha n a transaction originated by check,
draft,or similar paper instrument,which Is Initiated through an electronic terminal,telephonic instrument,
' I
computer,.o,r,njagnetic tape so as to order,Instruct,or authorize a financial institution to debit or credit ani,„,„
accounj1Such''term includes,but is not limited to,point-of-sale transfers,automated teller machine... ••:i,
transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers'i',. /
(L)••"Ecrrw Items"means those items that are described In Section 3.
(M)"Mlpcellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds
/ paid...by`any third party(other than insurance proceeds paid under the coverages describe'd in,Section
5);for:(i)damage to,or destruction of,the Property;(ii)condemnation or other taking of O,ll or any part
i, of the Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or drift slons as
....-:,„a to,the value and/or condition of the Property. .
61. (N)"Mortgage Insurance"means insurance protecting Lender against the nonayment 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 Instruments„"''
' i`': (P) "RESPA" means the Real Estate Settlement Procedures Act.(12 U•;S'C.§2601 et seq.)and Its
4.
3 implementing regulation,Regulation X(12 C.F.R.Part 1024),as:thtly might be amended from time to
time,or any additional or successor legislation or regulation thi,t governs the same subject matter.As
used in this Security Instrument,"RESPA"refers to all regUiren°ients'and restrictions that are imposed
In regard to a"federally related mortgage loan'even if thetLoan'tloes not qualify as a"federally related
mortgage loan"under RESPA.
(Q)"Successor In Interest of Borrower"means atty party that has taken title to the Property,whether
or not that party has assumed Borrower's obligatiorie'urider the Note and/or this Security Instrument.
'1.. i 4.,1'
TRANSFER OF RIGHTS IN THE PROPERWN, '
This Security Instrument secures to Lender:(i'the'tepayment of the Loan,and all renewals,extensions
and modifications of the Note;and(ii),the'perf 'mance of Borrower's covenants and agreements under
this Security Instrument and the Notb',`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 describeck,prop,etty located in the County
[Type of Recording Jurisdiction)of Salina' (Name of Recording Jurisdiction]:
Lot Twenty-four(24),Block Four(4)Fox Run Addition to the City of Salina,Saline County,
Kansas.
APN if: 085-131-02-0-20-02-006.00.0
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KANSAS—Single Family--Fante Mae/Freddie Mad UNIFORM INSTRUMENT Form 3017 1/01
Ellie Mae,Mc, Page 2 of 11 KSEOEED 0315
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¢`r. ti 06/2712019 08:39 AM PST :`
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Book 1358 Page: 98
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which currently has the address of 1214 Crescent Dr,Salina,
"r.. (street((City/
Kansas 67401 "a, ("Property Address"): '�
TOGETHE i,W1Tft]'all the Improvements now or hereafter erected on the property, and all 4 ..
easements,appurtenances,and fixtures now or hereafter a part of the property.All replacements and , ''; ""
additions.,shalt,also be covered by this Security Instrument.All of the foregoing is referred to in this 'tnYfr
Security:lnstry'tnent as the'Property:Borrower understands and agrees that MERS holds only legal 1.4
titleto the'intetests granted by Borrower In this Security Instrument,but,if necessary to comply with
or,,custom, MERS(as nominee for Lender and Lender's successors and assigns)has the.ylght:to
-Iti?:rerCisei any or all of those interests,including,but not limited to,the right to foreclose a.ndisell jhe
67r propfl ty;and to take any action required of Lender including,hut not limited to,releasing and cartibeling
^•1A"";this'Security Instrument. ;a `
-41
'y BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby'cpnyeyed 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 fe the Property against
''s•"`-) ' 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..,__-',
Borrot ui'shail`pay when due the principal of,and Interest on,the debt evidenced by the Note and arty
prepayment charges and late charges due under the Note,Borrower shall also pay funds for Escrow-
Item's'putsuant to Section 3,Payments due under the Note and this Security Instrument shalteeina$e,
(rv;U.S.Currency.However,If any check or other Instrument received by Lender as payment tipder(he
'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 i) moj;>3 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 upoman.'institution whose
.r� 1 deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Punds Transfer.
�' Payments are deemed received by Lender when received at the locatio.rj designated in the Note or
^, +s, at such other location as may be designated by Lender in accordance,,with:the police provisions in
Section 15.Lender may return any payment or partial payment if the payf%erit'or partial payments are
insufficient to bring the Loan current.Lender may accept any payment`,partial payment insufficient
. to bring the Loan current,without waiver of any rights hereunde.r,or:,preledfce 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 le,applied as of its scheduled due date,
then Lender need not pay interest on unapplied funds.Lyende(i 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'ofi 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 Rr,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 upder 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 fora 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,ptyment is applied to the full payment of one or
more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shaft
be applied first to any prepayment charges and then as described in the Note.
Any application of payments,insurance pcoceeds;,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.
KANSAS—SIngie Family—Fannie MaelFred,y,ie Mei UNIFORM INSTRUMENT Fern 3017 1/01
Eta Mae,Inc. - Page 3 of 11 HSEDEED 0315
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3. Funds for Escrow Iteins.bo,rrower shall pay to Lender on the day Periodic Payments are due
under the Note,until the Note Is,patd In full,a sum(the"Funds")to provide for payment of amounts due .61
for:(a)taxes and assessme;pts and other items which can attain priority over this Security Instrument ";
as a lien or encumbran e-bn the Property;(b)leasehold payments or ground rents on the Property,if r'iii-ale
any;(c)premiums fora�iy.and all insurance required by Lender under Section 5;and(d)Mortgage �;,,'..„
Insurance prerniums,if:any,or any sums payable by Borrower to Lender in lieu of the payment of •e.. 'rz
Mortgage Insuranc remlums in accordance with theprovisions of Section 10.These items are called �`""t„'''her
4 P 1.
"Escrow Itelri8,'At:'origination or at any time during the term of the Loan, Lender may require that;,,, •v,,, ,:5; •
Community Association Dues,Fees,and Assessments,if any,be escrowed by Borrower,and such s -
dues,fees,and assessments shall be an Escrow Item,Borrower shall promptly furnish to Lender alt-,„„•.:1'
netlees of amounts to be paid under this Section.Borrower shall pay Lender the Funds for EscroN Items
r,iritegs Lender waives Borrower's obligation to pay the Funds for arty or all Escrow Items.LPAder'ntay
Wait/ aBorrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any'such
• `• ÷,,walUer may only be In writing.In the event of such waiver,Borrower shah pay directly,whefl,andWhere
''-'4.%'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,.withiii such time
Af`•.•• '`•tic" period as Lender may require,Borrower's obligation to make such payments and_to`pfovide receipts
la'? `'''
h°� 'v shall for all purposes be deemed to be a covenant and agreement contalne(t.lh•thlsrSecurily Instrument,
'a,,e�•i 9 as the phrase"covenant and agreement is used in Section 9.If Borrowei.is•`obligated to pay Escrow I i
r•,:1' Items directly,pursuant to a waiver,and Borrower fails to pay the amount due fel en 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,:attt)e 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 end,
reasoiatile estimates of expenditures of future Escrow Items or otherwise In accordance IMO'
Appileable Law, ^"..,'<:� I,
The,Funds shall be held In an institution whose deposits are Insured by a federal ager y,
'Instrurrientality,or entity(including Lender,If Lender is an institution whose deposits are so nsured)or
In'any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow ttems,no lacer than
t "tile time specified under RESPA.Lender shall not charge Borrower for holding and ajlplyingthe Funds,
0,-,,,j,,,; annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower
i?I ,": 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 Ftinds;•,Lender shall not be
l'+..{ .y required to pay Borrower any interest or earnings on the Funds. Borrower'tirtd Lender can agree in •
't, yr'."'"' writing,however,that interest shall be paid on the Funds.Lender shall give,to'Bo'rrower,without charge, •
't. 'Ib an annual accounting of the Funds as required by RESPA.
If there Is a surplus of Funds held In escrow,as defined ueder`RESPA,Lender shall account to •
Borrower for the excess funds in accordance with RESPA.If the Is a,shortage of Funds held in escrow,
as defined under RESPA,Lender shall notify Borrower as requ7red bji 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 offundssheld In escrow,as defined under RESPA,
Lender shall notify Borrower as required by RES;)?A,.pnd Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordaliblivph RESPA, but in no more than 12 monthly
payments.
A'.7,,...•zF
Upon payment In full of all sums secureit„tiyithls Security Instrument,Lender shall promptly refund
to Borrower any Funds held by Lender.., 'k:.,'''
4. Charges;Liens.Borrower shall'p,ayyell taxes,assessments,charges,fines,and impositions
attributable to the Property which care ettair•priority over this Security Instrument,leasehold payments
or ground rents on the Property it'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 wrch has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien In a manner
acceptable to Lender, but only so long as Borrower Is performing such agreement; (b)contests the
lien In good faith by,or defends against enforcement of the lien in, legal proceedings which h Lender's •
opinion operate to prevent the enforcement of the lien wipe those proceedings are pending, but only
until such proceedings are concluded; or (c),,sebures from the holder of the lien an
agreement satisfactory to Lender subordinettn ;:.the lien to this Security Instrument, If Lender •
determines that any part of the Property is subject,to.e lien which can attain priority over this Security
Instrument,Lender may give Borrower a noticeidentifying the lien.Within 10 days of the date on which •
that notice Is given,Borrower shall satisfy th'e lien, r take one or more of the actions set forth above
In this Section 4. ��
KANSAS—Single Family—Fannlo Mae/Fredt9e Mac UNIFORM INSTRUMENT Form 3017 1101 •
Ellie Mae,Inc, Page Page 4 of 11 KSEDEED 0315
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0612712019 06:39 AM PST S'
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Lender may require Borf Iver to-.pay a one-time charge for a real estate tax verification and/or
reporting service used by L ndeS,in connection with this Loan, �"
5. Property Insurance,Borrower shall keep the improvements now existing or hereafter erected `' :
on the Property insuregl gehi t loss by fire,hazards included within the term'extended coverage,'and .-^
any other hazards inett:ding,but not limited to,earthquakes and floods,for which Lender requires
insurance.This,.lrisutayQre shall be maintained in the amounts(including deductible levels)and for ii
the periods tflat L'e�rinder requires,What Lender requires pursuant to the preceding sentences can ,ate..°�1,,.•'
change during'the,k�rm of the Loan.The insurance carrier providing the Insurance shall be chosen bw,r.r,.,._ _,,'
Borrowet,subject to Lender's right to disapprove Borrower's choice,which right shall not be exerclseyt1 '
unreason ibiyfLender may require Borrower to pay,In connection with this Loan,either;(a)a one-lime_ :i'
charge for flood zone determination,certification and tracking services;or(b)a one-time charge for
.flditd'zone determination and certification services and subsequent charges each time ren'rap Ings
> gj:;siriiilar changes occur which reasonably might affect such determination or certiflcatippt BorrbWer
5
xshellalsoberesponsibleforthepaymentofanyfeesimposedbytheFederalEmergeney,Mari ment
^.,Agency In connection with the review of any flood zone determination resulting from ark",objection by
'y, . Borrower, "„.- 4.t•
�;"` ~ ,• If Borrower fails to maintain any of the coverages described above,Lender p>ar:pbtaln Insurance
"�* coverage,at Lender's option and Borrower's expense.Lender is under no obli ton topurchase
-. �. 9 P P 9�!1, any
'•:�" p ` particular type or amount of coverage.Therefore,such coverage shall cov6r.bahltler,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 qt the Note rate from the date of disbursement and shall be payable,with such interest, ly
upon notice.frpm Lender to Borrower requesting payment.
AI iri'a'Uranoe policies required by Lender and renewals of such policies shall be subject to Lender'sr 'a;
right tti,disapprove such policies,shall Include a standard mortgage clause,and shall name Lender es'
nlortgaghp and/or as an additional loss payee.Lender shalt have the right to hold the pollcle'I.j*i
renewal certificates.If Lender requires, Borrower shall promptly give to Lender all receipts.of paid
j' premiums and renewal notices. if Borrower obtains any form of Insurance coverage, ttiot otperWise
`; required by Lender,for damage to,or destruction of,the Property,such policy shall inclutje a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss{ayes.'''''
F""`• In the event of loss,Borrower shall give prompt notice to the Insurance carr)er..arj t Lender.Lender
,�.�%;,• }y may make proof of loss if not made promptly by Borrower.Unless Lender and BO,,'rrower'bthenvise agree
>' ' , in writing,any insurance proceeds,whether or not the underlying Insurance was,.required by Lender,
r, * shall be applied to restoration or repair of the Property,if the restoration ogrgpahis economically feasible
y4 a, and Lender's security is not lessened.During such repair and restoratlen period;Lender shall have the
right to hold such Insurance proceeds until Lender has had an oppertunity to Inspect such Property to
Mr.I ensure the work has been completed to Lender's satisfaction,,pro.1dert,that such inspection shall be
undertaken promptly.Lender may disburse proceeds for the repairs Apd restoration in a single payment
or in a series of progress payments as the work is completed:Untesit 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 repairi9,not epeinomicaily feasible or Lender's security would
be lessened,the Insurance proceeds shall beappjied tb the sums secured by this Security Instrument,
whether or not then due,with the excess,if eny,,paid to Borrower.Such insurance proceeds shall be
applied in the order provided for In Section 2.
If Borrower abandons the ProPerty,Loader may fife,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 Ahe'nfltibe is given.to 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,arta,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 residencU fof tleast one year after the date of occupancy,unless
Lender otherwise agrees in writing,which'`Conserlt shall not be unreasonably withheld, or unless
extenuating circumstances exist which are•beyonrl Borrower's control.
•
V'„
7
KANSAS—Single Family—Fannie Mae/Fr.dllla Mac UNIFORM INSTRUMENT Form 3017 1101
Ellie Mae,Inc• '� Page 5 of 11 KSEDEED 0315
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7. Preservation,Mainte;fance'and Protectioh of the Property;Inspections.Borrower shall not
destroy,damage or impe(rihe'.Property,allow the Property to deteriorate or commit waste on the
Property.Whether or not Borroviet is residing in the Property,Borrower shall maintain the Property
in order to prevent the.f ri ert'F from deteriorating or decreasing In value due to its condition.Unless it is
determined pursuant to5eetlon 5 that repair or restoration Is not economically feasible,Borrower shall
promptly repail.,the'Property if damaged to avoid further deterioration or damage, If Insurance or "`'f1,. '
condemnauory proceeds are paid in connection with damage to,or the taking of,the Property,Borrower F•
shall be respo'ra ible:7or repairing or restoring the Property only If Lender has released proceeds for such-..,
purposes!,Lenlle'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 art2•,y
not.sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligationfot the
completion of such repair or restoration.
1s12ender or its agent may make reasonable entries upon and inspections of the Property Jf'1t Has
,A,easonable cause,Lender may Inspect the interior of the improvements on the Property'L,endet shall
give Borrower notice at the time of or prior to such an interior inspection specifying such,reasonable
•
„s`cause.
`=r 8. Borrower's Loan Application.Borrower shall be in default If,duringi thh¢,Loan application
•
process,Borrower or any persons or entitles acting at the direction of Bprrowet or with Borrower's
'4,
1' 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,ti•iis 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 ta ..
enforit,let)is or regulations),or(c)Borrower has abandoned the Property,then Lender may do=and„
pay`15rwhatever Is reasonable or appropriate to protect Lender's interest in the Property apd°rigti(s,
uf'ider this Security Instrument,Including protecting and/or assessing the value of the Propitty,aid
!'''securing and/or repairing the Property.Lender's actions can Include,but are not limited 1d'(a)''paying
arty sums secured by a lien which has priority over this Security Instrument; (b)'appearing In
cdurt; and (c) paying reasonable attorneys'fees to protect its Interest in the Progarty end/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'fepairs,change
�•, locks,replace or board up doors and windows,drain water from pipes,elimirtate'building or other code
�''•t violations or dangerous conditions,and have utilities turned on or off.AlthquOtt:J.ender may take action
under this Section 9,Lender does not have to do so and is not under ad 1y' obligation
?;, jt du or 'to do so,
It is agreed that Lender incurs no liability for not taking any or ell a"Gtjoits 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 shali.bearin,terest at the Note rate from the date
of disbursement and shall be payable,with such interest, upon notice from Lender to Borrower
requesting payment.
If this Security Instrument is on a leasehold,aorrewer shall comply with all the provisions of the
lease.Borrower shall not surrender the leasehoid;,estateAnd interests herein conveyed or terminate or
cancel the ground lease.Borrower shall not,.twithe 'tile express written consent of Lender,alter or
amend the ground lease.If Borrower acquites`feelitie to the Property,the leasehold and the fee title
shall not merge unless Lender agrees to,the mgsger In writing.
• 10.Mortgage Insurance.if Lender'r• gyired Mortgage Insurance as a condition of making the
Loan,Borrower shall pay the premlun s`req it`ed to maintain the Mortgage Insurance In effect.If,for any
reason,the Mortgage Insurance,novera a required by Lender ceases to be available from the mortgage
insurer that previously provide>,+asb'rh"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-refundab1 loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non-refundable,notwithstandlrig..the fact that the Loan is ultimately paid in
full,and Lender shall not be required to pay Borriwer~any interest or earnings on such loss reserve.
Lender can no longer require loss reserve paytpentsMortgage 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 separatetydesignated payments toward the premiums for Mortgage
KANSAS—Single Family—Fannie MaeiFred lle Mae UNIFORM INSTRUMENT Form 7917 1/e1
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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)equlred to maintain Mortgage Insurance In effect,or to provide a non-
refundable
loss reserverthtlf 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 ArmileebleLaw.Nothing In this Section 10 affects Borrower's obligation to pay interest ;./Ai
at the rate proAided•in the Note, p"
•
Mortgage'insufance reimburses Lender(or any entity that purchases the Note)for certain losses.,.,
ur if.Bdf`
It may lr rower does not repay the Loan as agreed.Borrower is not a party to the Mortgage .w
Insurance;,._•, i'
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"Ivlortgage Insurers evaluate their total risk on all such insurance in force from time to time,,and
..eit►e'enter into agreements with other parties that share or modify their risk,or reduce fosse ,::These
i , agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the oU.ter`"party
;,_( `parties)to these agreements,These agreements may require the mortgage insdrerfo'make
�'',. •`'' ments usinganysource of funds that the mortgage Insurer mayhave available which:Ma Include
ti �,PaY ( • Y
funds obtained from Mortgage Insurance premiums).
.r.`r As a result of these agreements, Lender, any purchaser of the Note, another insereiany reinsurer,
r• f�` any other entity,or any affiliate of any of the foregoing, may receive(directly-or lri,lkectiy)amounts that
-k••° derive from (or might be characterized as) a portion of Borrower's„payzrtents 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},n, ”. .o•:;, _
(b);.Any such agreements will not affect the rights Borrower has-If any-with respect to f hfr
Mprtgt+ge;Insurance under the Homeowners Protection Act of 1998 or any other law.These Pigf tS.
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
11. a refund of any Mortgage Insurance premiums that were unearned at the time of such`cancellation
or termination.
��.yt, 11. Assignment of Miscellaneous Proceeds;Forfeiture,All Miscellaneous:Preeds are hereby
• assigned to and shall be paid to Lender.
§.` If the Property is damaged,such Miscellaneous Proceeds shall be apptied9torestoratlon or repair
of the Property, If the restoration or repair is economically feasible. rd,'Lendder's security is not
o:.• '•'""-"w lessened. Duringsuch repair and restorationperiod,Lender shall•have`{he right to hold such
,f r, P g
z Miscellaneous Proceeds until Lender has had an opportunity to inspedtilch Property to ensure the
work has been completed to Lender's satisfaction,provided thet,su h;(r3sdectlon shall be undertaken
promptly.Lender may pay for the repairs and restoration in(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 Mlscellanf)ous`Ptaceeds.If the restoration or repair Is not
economically feasible or Lender's security would be'tessened,the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instruhtent-whether or not then due,with the excess,if
•
any,paid to Borrower.Such Miscellaneous Prpc`'beds`shall be applied in the order provided for in •
Section 2. '.,,
In the event of a total taking,destruction,Orlost In value of the Property,the Miscellaneous Proceeds
shall be applied to the sums secured by):his,Security Instrument,whether or not then due,with the
excess,If any,paid to Borrower. < z'
In the event of a partial takipg;•destt'uction,or loss in value of the Property in which the fair market
value of the Property immediatakbe(ote 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 less 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 fess than the
amount of the sums secured Immediately before the partial taking,destruction,or loss in value,unless
Borrower and Lender otherwise agree In writkng,the Miscellaneous Proceeds shall be applied to the
•
sums secured by this Security Instrumegt ithether.br not the sums are then due.
KANSAS—Single Family—Fannie MaelFreddle Mao-UNIVoRM INSTRUMENT Form 3017 1101
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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 nexcseritence)offers to make an award to settle a claim for damages,Borrower
falls to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect
,.. ,...
..,,,.,.
and apply the Miscellarieout'Proceeds either to restoration or repair of the Property or to the sums
.
secured by this SecuritOriStrument,whether or not then due,'Opposing Party"means the third party
_ : ',
that owes BorlowerNiScellaneous Proceeds or the party against whom Borrower has a right of action ,„,\.,
. , ,..
in regard to M scellaneous Proceeds,
..?.
Borrower sballibe In default if any action or proceeding,whether civil or criminal,is begun that,io,., ,,,,,,1
Lender'Oudgrpent,could result in forfeiture of the Property or other material impairment of Lender's ,,,,
int9t;est iri'the,Property or rights under this Security Instrument.Borrower can cure such a default ara.,,,,e
ikabseleration has occurred,reinstate as provided in Section 19,by causing the action or prodeeding
'to bq dismissed with a ruling that,in Lender's judgment precludes forfeiture of the Propertier'otber
,...,t442atprial Impairment of Lender's interest in the Property or rights under this Security IristruMenbThe
proceeds of any award or claim for damages that are attributable to the Impairment of Lerider'i'interest
' .11•1 the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of theTroperty shall be
'..,‘," .
,I-:.: applied In the order provided for in Section 2,
•
'i'-'''' i. 12.Borrower Not Released; Forbearance By Lender Not a Waiver:Extiinsion of the time for
`..'
payment or modification of amortization of the sums secured by this Security In'itrument granted by
Lender to Borrower or any Successor in Interest of Borrower shall not operat&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
acceptanteAt payments from third persons,entitles or Successors in Interest of Borrower or
amoupta less than the amount then due,shall not be a waiver of or preclude the exercise of any right,.
or reine.54. .....,
••,s. ;14.,joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrower covanants
.,,an,d agrees that Borrower's obligations and liability shall be Joint and several However,any BorroWer
y wbeto-signs this Security Instrument but does not execute the Note(a"co-signer):(ay is ce-signing
thi's Security Instrument only to mortgage,grant and convey the co-signer's Interest in,the Properly
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.cart;agree to extend,
modify,forbear or make any accommodations with regard to the terms of th16Secuilty Instrument or
4i., 'II,..‘;. the Note without the co-signer's consent.
• ',,,. Subject to the provisions of Section 18,any Successor in Intereget:porrawer who assumes
Borrower's obligations under this Security Instrument in writing,and is'aof)reved by Lender,shall obtain
i,,,'•,,,, ..
all of Borrower's rights and benefits under this Security Instrument.,Borroer'shall not be released from
Borrower's obligations and liability under this Security Instrumept uelese 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 Leptler. '
14. Loan Charges.Lender may charge Borrower fees for;services performed In connection with
Borrower's default,for the purpose of protecting Lep,der's interest in the Property and rights under this
Security instrument,including,but not limited to.,;-attprneys'fees,property inspection and valuation
fees.In regard to any other fees,the absence otexPiess'authority In this Security Instrument to charge
a specific fee to Borrower shall not be coristrtAbd.'as a prohibition on the charging of such fee.
Lender may not charge fees that are exprasstji.p.rohibited by this Security instrument or by Applicable
Law.
If the Loan is subject to a law which.Sals.,,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)anisuctijoan charge shall be reduced by the amount necessary to reduce
the charge to the permitted linilt:'god•(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
i 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
i must be in writing.Any notice to Borrower in connectton With this Security Instrument shall be deemed
to have been given to Borrower when mailed by fist class mall or when actually delivered to Borrower's
notice address if sent by other means.Notice,terany One Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requiresotberw10.The notice address shall be the Property Address
unless Borrower has designated a sub notice address by notice to Lender.Borrower shall
. ... :
KANSAS—Single Fam0y—Fannle MaelFreet8le Mir.a.UNIFORM INSTRUMENT Form 3017 1101
Eine Mae,Inc. Page 8 of 11 KSEDEED 0315
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promptly notify Lender of Borrdwer'change of address.if Lender specifies a procedure for reporting
Borrower's change of address then Borrower shall only report a change of address through that
specified procedure.There tray 6e only one designated notice address under this Security Instrument ` •
•
at any one time.Any fid cs'ol:Lender shall be given by delivering It or by mailing it by first class mall •
to Lender's address statedherein unless Lender has designated another address by notice to Borrower. ' '' •
Any notice In cognection,y+lth this Security Instrument shall not be deemed to have been given to Lender .
until actuallyrtaceived b Lender.If anynotice required bythis SecurityInstrument Is also required under
, , Y q q e' o�
Applicable,,iavl(,lhelApplicable Law requirement will satisfy the corresponding requirement under ih(sy.::;, _
Security •
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16.Governing Law; Severability; Rules of Construction. This Security Instrument shah
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 lim tatjons,of
Applibable Law.Applicable Law might explicitly or implicitly allow the parties to agree by,,pontrrek,.or it
might be silent,but such silence shall not be construed as a prohibition against agreement'hrebiltract.
a ,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 Alote which can be
'••a;,4`.•'` given effect without the conflicting provision. „
'
•
v�` As used in this Security Instrument:(a)words of the masculine gender:-ehat mean and include
.T �"i� ' corresponding neuter words or words of the feminine gender;(b)words in.the^sirs jular shall mean and
include the plural and vice versa;and(c)the word"may"gives sole discretian•Wilhout 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 escrowagreement,the Intent of which is the transfer of title by Borrower at a future date to a purchaser.:,:. ?;
If all,or,,,an'ypatt of the Property or any Interest In the Property is sold or transferred(or if Borrower:;,
is not a;naturaI person and a beneficial interest in Borrower is sold or transferred)without Lender's$riot-':
wrjttenconsent,Lender may require immediate payment in full of all sums secured by this•Sed • ,,
Idstruni§nt. However,this option shall not be exercised by Lender if such exercise is prohl�ited
i .q' ...P
:,•:APpbcable Law. -....
pIf Lender exercises this option,Lender shall give Borrower notice of acceleration.The,notiee shall
''provide a period of not less than 30 days from the date the notice is given In accordtlnce ivith'Section
1 15 within which Borrower must pay all sums secured by this Security Instrument.If•.Qo.[tower fails to pay
yyy ' these sums prior to the expiration of this period, Lender may Invoke any re of dies permitted by this
' Security Instrument without further notice or demand on Borrower. •
19, Borrower's Right to Reinstate After Acceleration.If Borroy'elpeets'certain conditions,
.6 Borrower shall have the right to have enforcement of this Security Instrufriq,rifdlscontinued at any time
prior to the earliest of:(a)five days before sale of the Property pursuant'to Section 22 of this Security
..,.y Instrument; (b)such other period as Applicable Law might specify,ler the termination of Borrower's
right to reinstate;or(c)entry of a Judgment enforcing this Seriteity`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,properly 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 rear pab iequire to assure that Lender's interest in the
Property and rights under this Security Instriirpieq(,end Borrower's obligation to pay the sums secured
by this Security Instrument,shall continue urichehged.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 c(,eck„bank check,treasurer's check or cashier's check,provided
any such check is drawn uporr'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 obligationsasecured hereby shall remain fuNy 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 entlty,_tiknown as the"Loan Service()that collects
Periodic Payments due under the Note and this Security_instrument and performs other mortgage loan
servicing obligations under the Note,this Securityinstrurliient,and Applicable Law.There also might
be one or more changes of the Loan Servicer unrelated to a sale of the Note.ff there is a change of
the Loan Servicer,Borrower will be given writtelt•.Obijce of the change which will state the name and
address of the new Loan Servicer,the address ta which payments should be made and any other
Information RESPA requires in connectigrrwith'a•rfotice of transfer of servicing:If the Note is sold and
ll •\
KANSAS—Single Famlly_Fannle Mao/Froddie Mae41.NI#ORM INSTRUMENT Form 3017 1/01
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thereafter the Loan Is servicplfby a Loan Servicer other than the purchaser of the Note,the mortgage i .
loan servicing obligations`'to"13orrower will remain with the Loan Servicer or be transferred to a i"
•
successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by
the Note purchaser. • "' ,,`1
Neither Borrower rbc Lender may commence,Join,or be joined to any Judicial action(as either an .' ''•,y
individual IitiganL91'•the flrember of a class)that arises from the other party's actions pursuant to this _ ''•>;, "ei
Security Instr.mentidor that alleges that the other party has breached any provision of,or any duty owed ,y'� '�'�'\
by reasora.of,this.Security Instrument,until such Borrower or Lender has notified the other party(wel.,k:y;, j'' .
such notice glyen in compliance with the requirements of Section 15)of such alleged breach and „,
afforded t}heother party hereto a reasonable period after the giving of such notice to take correctly
agtib�,.If Applicable Law provides a time period which must elapse before certain action can be'tal(en,
thatrtinie period will be deemed to be reasonable for purposes of this paragraph.The:rt4otfce,of
;..,,, cce1eration and opportunity to cure given to Borrower pursuant to Section 22 and.ihe,hetit:eof
•a*"'�;,siaieleration given to Borrower pursuant to Section 18 shall be deemed to satisfrffill:notice and
,•. '1;laopportunity to take corrective action provisions of this Section 20, r?�."_
"y, :,r21. Hazardous Substances.As used In this Section 21:(a)"Hazardous Substance.s�are those
�`'',;r '6• substances defined as toxic or hazardous substances, pollutants,or wastes liyoErlyAnMental Law
and the following substances:gasoline,kerosene,other flammable or toxlcipetrelaum products,toxic
'i pesticides and herbicides,volatile solvents,materials containing asbe.isto>-orzformaldehyde,and
•tom•• radioactive materials;(b)"Environmental Law"means federal laws and laws of the lurisdictlon 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.S,Ubstances,or threaten to release any Hazardous Substances, on or in the Property.,;
Borrowei''spali Trot 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 Witte"pre'sehpe;use,or release of a Hazardous Substance,creates a condition that adversely affects Jhfe ValUie,
of;.the Property.The preceding two sentences shall not apply to the presence,use,or storage on tyre
J'' rppefty of small quantities of Hazardous Substances that are generally recognized to be'appoprlate
'1,,• toarormal residential uses and to maintenance of the Property(including,but not limited'lq,hazardous •
'substances in consumer products). _
,..,,.;r;, Borrower shall promptly give Lender written notice of a any ,Investigation, Iai, demand,lawsuit
pr:; `! or other action by any governmental or regulatory agency or private party inv_f$tving the Property and
4 ,. any Hazardous Substance or Environmental Law of which Borrower has..'ctual,knowledge,(b)any
r „,i•ii '' Environmental Condition,including but not limited to,any spilling,leakin .d s'charge,release or threat
„ e,• of release of any Hazardous Substance,and(c)any condition caused try the presence,use or release
`•pa``.' of a Hazardous Substance which adversely affects the value of the,Property.If Borrower learns,or is
t,,,.a notified by any governmental or regulatory authority,or any privata"party,that any removal or other
remediation of any Hazardous Substance affecting the Properly is necessary,Borrower shall promptly
take all necessary remedial actions in accordance with Environmept81 Law,Nothing herein shall create
any obligation on Lender for an Environmental Cleanup. i ,3
NON-UNIFORM COVENANTS.Borrower and,Lender further covenant and agree as follows: •
22.Acceleration; Remedies.Lender sha[l' lve,.;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 actloneiqulred to cure the default;(e)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•n'r'before the date specified in the notice may result in
acceleration of the sums secUt'ed by Ihls Security Instrument,foreclosure by Judicial proceeding
and sale of the Property.The'notice''shatl further inform Borrower of the right to reinstate after
acceleration and the right to assail 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 sumsiysecurid by this Security Instrument,Lender shall release •
this Security Instrument.Lender may cher f'e Borrower a fee for releasing this Security Instrument,but
KANSAS—Single Family—Fannie Mae/Freddie Mie•UNIFORM INSTRUMENT Form 30171/01
Ellie Mae,Ina, S} Page 10 of 11 KSEOEED 0315
KSEOEED(CLS)
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only If the fee is paid to a thirdgarty far services rendered and the charging of the fee Is permitted under
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24.Waiver of RedemPtion.'Borrower waives all rights of redemption to the extent allowed by •,,,
law. "-4
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BY SIGNINIP_BEL5W,Borrower accepts and agrees to the terms and covenants contained in this
Security In In In any Rider executed by Borrower and recorded with it. C.
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This instrument was acknowledged before me on JUNE 28,2019(date)by SHIRLEY K. •
•?,...li RODRIQUEZ(name(s)of person(s)). ...,..
(Seal,If any)
,i ignature of Not I Officer
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44.,,,, j.:-'n;•::,. AUSTIN HOPPOCK Title and Rank: 1/051„
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NOWAY PUBUC /
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KANSAS—Single Family—Fannie Mae/Fredd(e MaC,UNIFORM INSTRUMENT Form 3017 1101
Ellie Mae,Inc. ',.1 Page 11 of 11 KSEDEED 0315
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• ....-• AFFIDAVIT
($125 FILING FEE CAPON.PRINCIPAL INDEBTEDNESS OF LESS THAN$75,000)
For Single Family Residence used as a Principal Residence. ..,5
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K.S.A.28-115 0)
STATE OF KANSAS ):'z...,
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COUNTY OF SALINE)-- .,.,-.1-;.,:'-'z.7,--"
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I,Austin Hoppocic ' ,do state that I have personal knowledge of
the statements and representations set forth In this Affidavit
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That a Mortgage granted toShirley K. Rodriquez
. . .,.
e County, Kansas
SAlln byNBH Bank
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in the amount of$67,000 , regarding the following Property.
-•',,,,, .0.Legal Description
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Lot Twenty-four(24), Block Four(4)Fox Run Addition to the City of Salina,Saline County,Kansas
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IS FOR A SINGLE FAMILY MORTGAGE USED AS A PRINCIPAL RESIDENCE ,:,-„:„.„,I.
AND THE PRINCIPAL DEBT IS$75,000 OR LESS
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Furtheraffiantsaith not:
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Sworn to before me this ••Z*. day of Li^e •:',..--- 201..1 ..
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.:, 2.,. . • Notary Typed Name
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'" :;:;” I THERESA E. McKINNEY
4.- kiligl?,:it NOTARY PUBLIC
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;�� REBECCASALINE SEEMAN
REGISTER OF DEEDS COUNTY KANSAS
•�`:;;)-Book:1432 Page: 363-363
Zw 1 Receipt#: 149644 Recording Fee:$20,00
Pages Recorded:1Crj V
Date Recorded: 11/1/2023 8:28:25 AM
EXHIBIT
C
When Recorded Return To;
PennyMac Loan Services,LLC •
CIO Nationwide Title Clearing.LLC
2100 Alt.19 North
Palm Harbor,FL 34683
ASSIGNMENT OF MORTGAGE
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 NBH BANK,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 duo thereon to
PENNYMAC LOAN SERVICES, LLC, WHOSE ADDRESS IS 3043 TOWNSGATE ROAD STE 200,
WESTLAKE VILLAGE,CA 91361(800)7774001,ITS SUCCESSORS AND ASSIGNS,(ASSIGNEE).
Said Mortgage is dated 06/28/2019, was executed by SHIRLEY K. RODRIQUEZ to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,INC.,AS MORTGAGEE,AS NOMINEE FOR NBH BANK,
ITS SUCCESSORS AND ASSIGNS,and was recorded on 06/28/2019 in Book 1358 and Page 96 of the records
of the Register of Deeds for SALINE County,jCnnsns.
LOT TWENTY-FOUR (24), BLOCK FOUR (4)FOX RUN ADDITION TO THE CITY OF SALINA,
SALINE COUNTY,KANSAS.
Dated on l0/ZS/2023(MM/DD/YYYY).
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS
NOMINEE
/FOR NBH BANK,ITS SUCCESSORS AND ASSIGNS
By t" `'4.
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 instrument was acknowledged before me by means of [X] physical presence or [ ) online
notarization on et') /7.S/2023(MM/DD/YYYY),by Susan Hicks as VICE PRESIDENT of MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,INC.("MERS"),AS MORTGAGEE,AS NOMINEE FOR NBH
BANK, ITS SUCCESSORS AND ASSIGNS, who, as such VICE PRESIDENT being authorized to do so,
executed the foregoing instrument for the purposes therein contained.He/she/they is(are)personally known to me.
TANNER DICKSON
---- 4,.....� NOTARY PUBLIC
Tanner DicksonSTATE OF FLORIDA
Notary Public-STATE OF FLORIDA "*', cows,HH 049515
EXPIRES:10/01/2024
Commission expires:10/01/2024
RTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.(MERS) MIN
MERS PHONE 1.888-679-6377 MERS Mulling Address:P.O.Box 2026,Flint,MI
48501-2026 DOCR-[C-I) FRMKSI
•
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•
•
EXHIBIT
D
•
After Recording Please Return To:
ServiceLink
Attn:Loan Modification Solutions
3220 El Camino Real
Irvine,CA 92602
[Space Above This Line For Recording Data]
Original Principal Amount$64,000.00
Unpaid Principal Amount$61,384.18 Loan No:
New Principal Amount$64,180.52 'MIN:
LOAN MODIFICATION AGREEMENT
(Providing for Fixed Interest Rate)
This Loan Modification Agreement ("Agreement"), made this 23rd day of June, 2022, between
SHIRLEY K. RODRIQUEZ ("Borrower"), PennyMac Loan Services, LLC ("Lender"), and Mortgage
Electronic Registration Systems, Inc. ("NIERS") ("Mortgagee"), amends and supplements (1) the Mortgage,
•Deed of Trust,or Security Deed(the"Security Instrument"),dated June 28,2019 and in the amount of$64,000.00
and recorded on June 28,2019 in Book,Volume,or Liber No. 1358,at Page 96(or as Instrument No.N/A),of the
Official Records of SALINE,KANSAS and (2) the Note bearing the same date us, and secured by, the Security
Instrument,which covers the real and personal property described in the Security Instrument and defined therein as
the"Property",located at:
MERS Phone:1-888-679-6377
Loan Modification Agreement—Single Family—Fannie Mac Uniform Instrument
Page 1 of 7 S 01/21
-;
• ••
I-:
1214 Crescent Dr,Salina,KS 67401
[Property Address] ;§
the real property described being set forth as follows:
SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF:
In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows
(notwithstanding anything to the contrary contained in the Note or Security Instrument):
1. As of August 1,2022,the amount payable under the Note and the Security Instrument(the
"Unpaid Principal Balance")is U.S.$64,180.52,consisting of the unpaid amount(s)loaned to
Borrower by Lender plus any interest and other amounts capitalized.
•
2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. •
Interest will be charged on the Unpaid Principal Balance at the yearly rate of 4.625%,from July 1,
2022. Borrower promises to make monthly payments of principal and interest of U.S. $293.71,
beginning on the 1st day of August, 2022, and continuing thereafter on the same day of each
succeeding month until principal and interest are paid in full. The yearly rate of 4.625% will
remain in effect until principal and interest are paid in full. If on July 1, 2062 (the "Maturity
Date"), Borrower still owes amounts under the Note and the Security Instrument,as amended by
this Agreement,Borrower will pay these amounts in full on the Maturity Date.
3. 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 the Security Instrument.
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 delivered or mailed
within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by the Security Instrument without further notice or demand on Borrower.
a) all terms and provisions of the Note and Security Instrument (if any) providing for,
implementing, or relating to, any change or adjustment in the rate of interest payable
under the Note,including;and
b) all terms and provisions of any adjustable rate rider,or other instrument or document that
is affixed to, wholly or partially incorporated into, or is part of, the Note or Security
Instrument and that contains any such terms and provisions as those referred to in (a)
above.
•
MERS Phone:1-888-679-6377
Loan Modification Agreement—Single Family—Fannie Mae Uniform instrument
Page 2 of 7
•
•
•
4. Borrower understands and agrees that: •
a) All the rights and remedies, stipulations, and conditions contained in the Security
Instrument relating to default in the making of payments under the Security Instrument
shall also apply to default in the making of the modified payments hereunder,
b) All covenants, agreements, stipulations, and conditions in the Note and Security •
Instrument shall be and remain in full force and effect, except as herein modified, and
none of the Borrower's obligations or liabilities under the Note and Security Instrument
shall be diminished or released by any provisions hereof,nor shall this Agreement in any
way impair,diminish,or affect any of Lender's rights under or remedies on the Note and
Security Instrument,whether such rights or remedies arise thereunder or by operation of •
law. Also, all rights of recourse to which Lender is presently entitled against any
property or any other persons in any way obligated for, or liable on, the Note and t..
Security instrument are expressly reserved by Lender.
•
c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release
in whole or in part of the Note and Security Instrument.
d) All costs and expenses incurred by Lender in connection with this Agreement, including
recording fees, title examination,and attorney's fees, shall be paid by the Borrower and
shall be secured by the Security Instrument,unless stipulated otherwise by Lender.
c) Borrower agrees to make and execute such other documents or papers as may be
necessary or required to effectuate the terms and conditions of this Agreement which, if
approved and accepted by Lender, shall bind and inure to the heirs, executors,
administrators,and assigns of the Borrower.
f) Borrower authorizes Lender, and Lender's successors and assigns, to share Borrower
information including, but not limited to (i) name, address, and telephone number, (ii)
Social Security Number, (iii)credit score, (iv) income,(v)payment history,(vi) account
balances and activity, including information about any modification or foreclosure relief
• programs, with Third Parties that can assist Lender and Borrower in obtaining a
foreclosure prevention alternative, or otherwise provide support services related to
Borrower's loan.For purposes of this section,Third Parties include a counseling agency,
state or local Housing Finance Agency or similar entity, any insurer, guarantor, or
servicer that insures, guarantees,or services Borrower's loan or any other mortgage loan •
secured by the Property on which Borrower is obligated, or to any companies that
perform support services to them in connection with Borrower's loan.
Borrower consents to being contacted by Lender or Third Parties concerning mortgage
assistance relating to Borrower's loan including the trial period plan to modify
Borrower's loan,at any telephone number, including mobile telephone number, or email
address Borrower has provided to Lender or Third Parties.
By checking this box,Borrower also consents to being contacted by text messaging❑.
g) "MERS" is Mortgage Electronic Registration Systems, inc. MERS is a separate
corporation that is acting solely as nominee for Lender and Lender's successors and
MERS Phone:1-888-679-6377
Loan Modification Agreement—Single Family—Fannie Mae Uniform Instrument
Page 3 of 7 SKS OI/21
assigns.MERS is the(Mortgagee)of record under the Security Instrument and this
Agreement. 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.
5. By this paragraph,Lender is notifying Borrower that any prior waiver by Lender of Borrower's
obligation to pay to Lender Funds for any or all Escrow Items is hereby revoked, and Borrower
has been advised of the amount needed to fully fund the Escrow Items.
6. That I will execute such other documents as may be reasonably necessary to either(i)consummate •
the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this
Agreement if an error is detected after execution of this Agreement. I understand that either a
corrected Agreement or a letter agreement containing the correction will be provided to me for my
signature. At Lender's option, this Agreement will be void and of no legal effect upon notice of
such error. If I elect not to sign any such corrective documentation,the terms of the original Loan
Documents shall continue in full force and effect, such terms will not be modified by this
A, -• • an. • -not be eligible for a modification,
• �
/ Date: 7 l21 l9-9--
Bono i' RLEY K.RODRIQUEZ
•
ACKNOWLEDGMENT
State of 14(jil S §
/7�� � § I
County of Ottfj, —
This instrument was acknowledged before me on 101 d� d� by SHIRLEY •
K,RODRIQUEZ.
Signature of Notarial Officer
Kit i1
Printed Names.
Title or Rank
F. STACY—KLgEIN
ret'L Notary Public• !/ 905?
ll� /0-ti
(Seal) My Appt Expires ( My Appointment Expires: 7
MFRS 1'honet 1-888-679-6377
Loan Modification Agreement—Single Family—Fannie Mac Uniform Instrument
Page 4of7 KS 01/21
� I
1
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•
ACCEPTED AND AGREED TO BY THE OWNER AND HOLDER OF SAID NOTE
PennyMac Loan Services,LLC Mortgage Electronic Registration Systems,Inc. •
• (Seal) • (Seal)
-Lender -MERS
Karen Denton Karen Denton
First Vice President Vice President
By: By:
Mortgage Electronic Registration System, Inc.,. as,
JUL 5 2 nominee for PennyMac Loan Services, LLC, its
successors and assigns
Date of Lender's Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
• , signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of
that document.
State of §
�I
I §
County of §
•
On before me, , Notary Public
personally appeared ,who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument,and acknowledged to me that he/she executed the
same in his/her authorized capacity on behalf of the corporation,and that by his/her signature on the instrument the
person,or the entity upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,
SEE ATTACHED.
Notary Public
Printed Name
(Seal) My Commission Expires:
MEitS['hone:1-888-679-6377
Loan Modification Agreement—Single Family—Fannie Mac Uniform Instrument C5 01!21
Page 5 of 7
4
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ACKNOWLEDGMENT .
A notary public or other officer completing this
certificate verifies only the identity of the individual j
who signed the document to which this certificate is i
attached, and not the truthfulness, accuracy, or
validity of that document. •
•
State of California County of Ventura )
On 07/25/2022 before me, Armon Booth, Notary Public •
•
(insert name and title of the officer)
personally appeared Karen Denton ,
who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. .
• i
•
WITNESS my hand and official seal. 41111.4...;,
ry ARFtON BOOTH
NotaryPub4ic CaU(ornia :
Ventura County
Commission a 2374565
My Comm.Expires Sep 11,2025
Signature (Seal)
•
,
i
.
't
411 6.
i
i
ACKNOWLEDGMENT
A notary public or other officer completing this •
certificate verifies only the Identity of the individual •
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or i
validity of that document.
State of California Ventura 1
County of- ) • '
On 07/25/2022 before me, Armon Booth, Notary Public
(insert name and title of the officer) •
personally appeared Karen Denton
• who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
• subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph istrue and correct.
WITNESS my hand and official seal. ra.......0. 6..,.......01
.,0,,. ARµON9o0TH
Notary Pubik'•Calf o r n i a i
1 i; = Yen[ura County
;.- c Commission 3 2374565
LMycornrn. ej2915
Signature6--... (Seal)
■11116.
•
•
MFRS Phone:1-888-679-6377
Loan Modiflcalton Agreement—Single Family—Fannie Mae Uniform Instrument
Page 6of7 KS01/21
•
i
EXHIBIT A
BORROWER(S):SHIRLEY K.RODRIQUEZ
LOAN NUMBER:
LEGAL DESCRIPTION:
STATE OF KANSAS,COUNTY OF SALINE,AND DESCRIBED AS FOLLOWS:
LOT TWENTY-FOUR (24), BLOCK FOUR (4) FOX RUN ADDITION TO THE CITY OF SALINA,
SALINE COUNTY,KANSAS.
APN#:085-131-02-0-20-02-006.00-0'
ALSO KNOWN AS: 1214 Crescent Dr,Salina,KS 67401
•
•
MERS Phone:1488-679-6377 •
Loan Modification Agrecment=SingIe Family--Fannie Mae Uniform Instrument
Page 7 of 7S 01121
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