Summons - Jennifer Lucior71A/E.
2f2 r M 23 Pill 2: 10
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-ViVI �
ELECTRONICALLY FILED
2024 Jun 26 PM 1:29
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA -2024 -CV -000143
PII COMPLIANT
Court: Saline County District Court
Case Number: SA -2024 -CV -000143
Case Title: PennyMac Loan Services, LLC vs. Jennifer M
Lucio, et al
Type: ORD: Summons - Filer Drafted summons City of
Salina
SO ORDERED,
/s/ Clerk of the District Court
Electronically signed on 2024-06-26 13:29:00
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.
— sheriff
page 1 of 2
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IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
CIVIL DEPARTMENT
PennyMac Loan Services, LLC
Plaintiff,
vs.
City of Salina
Serve at:
300 West Ash St
Salina, KS 67401
Defendants.
To the above-named defendant:
Case No.
Court No.
Title to Real Estate Involved
Pursuant to K.S.A. §60
SUMMONS
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)
Date: , 202_ By:
III � I III III I VIII IIII II I I I I II IIII II IIII
MS 202868.445623 KJFC
Clerk of the District Court
Deputy Clerk
ELECTRONICALLY FILED
2024 Jun 26 PM 12:40
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA -2024 -CV -000143
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
Plaintiff,
VS.
Jennifer M Lucio aka Jennifer Mari Lucio
Serve At:
602 Ralph Ave.
Salina, KS 67401
John Doe
Serve At:
602 Ralph Ave.
Salina, KS 67401
Jane Doe
Serve At:
602 Ralph Ave.
Salina, KS 67401
United States Secretary of Housing and
Urban Development
Serve At:
451 7th Street SW
Washington, DC 20410
And to:
United States Attorney's Office
950 Pennsylvania Ave.
Washington, DC 20530
And to:
United States Attorney's Office
1200 Epic Center 301 N Main
I III I II I III I III IIIII IIIII II I I III III I IIII I it llll lll�
MS File No. 202868.445623 KJFC
Cause No.
Court No.
Title to Real Estate Involved
Pursuant to K.S.A. §60
Wichita, KS 67202
City of Salina
Serve At:
300 West Ash St
Salina, KS 67401
Federal Home Loan Bank of Topeka
Serve At:
P.O. Box 176
Topeka, KS 66601-0176
And,
The Unknown Heirs, executors,
Administrators, devisees, trustees,
Creditors, and assigns of Any deceased
defendants; the unknown spouses of any
defendants; the unknown executors,
administrators, devisees, trustees, creditors,
successors and assigns of any defendants
that are or were partners or in partnership;
and the unknown guardians, conservators
and trustees of any defendants that are
minors or are under any legal disability and
all other person who are or may be
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, Jennifer M Lucio aka Jennifer Mari Lucio has an interest in the
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MS File No. 202868.445623 KJFC
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 602 Ralph Ave., Salina, KS 67401.
3. Defendant, Jane Doe may have 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 602 Ralph Ave., Salina, KS 67401.
4. Defendant, John Doe may have 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 602 Ralph Ave., Salina, KS 67401.
5. Defendant, City of Salina may have 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 West Ash St, Salina, KS 67401.
6. Defendant, Federal Home Loan Bank of Topeka may have 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 P.O. Box 176, Topeka, KS 66601-0176.
7. Defendant, United States Secretary of Housing and Urban Development may have
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 451 7th Street SW,
Washington, DC 20410, and to 950 Pennsylvania Ave., Washington, DC 20530, and to 1200
Epic Center 301 N Main, Wichita, KS 67202.
8. Plaintiff seeks to serve by publication all those known and unknown parties as set
forth in K.S.A. §60-307.
9. The Property which is the subject of this action ("Property") is known and
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MS File No. 202868.445623 KJFC
numbered as 602 Ralph Ave., Salina, KS 67401 and is legally described as follows:
LOT ONE (1), BLOCK FIVE (5), SOUTHERN VIEW ADDITION TO THE
CITY OF SALINA, SALINE COUNTY, KANSAS.
Parcel ID No. 085-087-25-0-10-09-009.00-0
10. On May 18, 2018, Jennifer M Lucio executed a Note ("Note") in exchange for
loaned funds in the principal sum of $129,222.00, 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.
11. On May 18, 2018, Jennifer M Lucio executed a Mortgage ("Mortgage") to
Mortgage Electronic Registration Systems, Inc. as nominee for Peoples National 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.
12. The Mortgage was recorded on May 18, 2018, in the Office of the Register of
Deeds for Saline County, in Book 1342 at Page 1212. The mortgage registration tax was paid in
full.
13. Said Mortgage was assigned to Plaintiff by the Assignment of Mortgage recorded
on June 3, 2019, in Book 1356 at Page 1421, 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.
14. 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.
15. 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
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MS File No. 202868.445623 KJFC
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.
16. Jennifer M Lucio aka Jennifer Mari Lucio has failed, neglected and refused to
make the payments due under the Note and Mortgage from February 1, 2024, 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.
17. As a result of the foregoing default, there is now due and owing the sum of
$122,108.54 together with interest thereon as stated in the Note until paid in full, and Plaintiffs
costs incurred herein, including but not limited to, title search expenses advanced by Plaintiff,
publication costs, taxes and any other sums which Plaintiff has or may hereafter advance and pay
under the terms and conditions of said Note and Mortgage, including reasonable attorney fees.
18. At the time of the default in the payment of Plaintiffs mortgage herein above
described, less than one-third of the original indebtedness secured by the Mortgage had been
paid and the defendant owner's right of redemption should be limited to three (3) months from
date of sale.
19. Jennifer M Lucio aka Jennifer Mari Lucio is the title owner of the Property. Any
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MS File No. 202868.445623 KJFC
such interest is subject to Plaintiff s first lien position.
20. Defendant, Jane Doe may have a possessory interest in the Property. Any such
interest is junior, inferior and subject to Plaintiffs first lien position.
21. Defendant, John Doe may have a possessory interest in the Property. Any such
interest is junior, inferior and subject to Plaintiff s first lien position.
22. Defendant, City of Salina may have an interest in the Property as a result of a
Notice of Pending Assessment recorded on October 13, 2023, in Book 1431 at Page 1160 in the
original amount of $326.00. Any such interest is junior, inferior and subject to Plaintiffs first
lien position.
23. Defendant, Federal Home Loan Bank of Topeka may have an interest in the
Property as a result of a lien recorded on May 18, 2018, in Book at 1342 Page 1222 in the
original amount of $5,000.00. Any such interest is junior, inferior, and subject to Plaintiffs first
lien position.
24. Defendant, United States Secretary of Housing and Urban Development may have
an interest in the Property as a result of a lien recorded on April 25, 2023, in Book 1424 at Page
929 in the original amount of $23,645.08, and a lien recorded on January 24, 2024, in Book 1434
at Page 1152 in the original amount of $14,957.12 Any such interest is junior, inferior and
subject to Plaintiffs first lien position.. A copy of said mortgages are attached hereto and
incorporated by this reference as Exhibit "D".
25. 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.
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MS File No. 202868.445623 KJFC
26. 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.
27. None of the Defendants are subject to the provisions of the Servicemembers Civil
Relief Act of 2004, as amended.
28. The Mortgage constitutes a first and prior lien against the Property, subject only
to any delinquent real estate taxes.
WHEREFORE, Plaintiff prays for an in personam judgment against Jennifer M Lucio
aka Jennifer Mari Lucio and an in rem judgment against her interest in and to the Property for
the sum of $122,108.54, together with interest thereon as stated in the Note until paid in full,
Plaintiff's costs incurred herein, including but not limited to, title expenses advanced by Plaintiff,
publication costs, taxes and any sums which Plaintiff has or may hereafter advance and pay
under the terms and conditions of said Note and Mortgage, including reasonable attorney fees.
Plaintiff further prays that the Mortgage of Plaintiff hereinabove described be decreed to
be a valid first and prior lien upon the Property and that the Mortgage be foreclosed and that the
Property be ordered sold according to the law and the proceeds of said sale be applied as follows:
FIRST: 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
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MS File No. 202868.445623 KJFC
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 Jennifer M Lucio aka Jennifer Mari Lucio, Jane Doe, John
Doe, City of Salina, Federal Home Loan Bank of Topeka, United States Secretary of Housing
and Urban Development 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
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 Sheriff's 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
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MS File No. 202868.445623 KJFC
just.
Respectfully submitted,
MILLSAP & SINGER, LLC
By:
Victor B. Finkelstein, #13410
vfinkelstein@msfirm.com
Chad R. Doornink, #23536
cdoornink@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
By: /s/ Dwayne A. Duncan
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.
9
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MS File No. 202868.445623 KJFC
EXHIBIT
A
LO
MIN
NOTE N
May 18, 2018 OVERLAND PARK, Kansas
[Date] [City] [State]
602 Ralph Ave, Salina, KS 67401
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S. $129,222.00 (this amount is called 'Principal'),
plus Interest, to the order of the Lender. The Lender is Peoples National Bank, a National Bank.
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who 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. I will pay interest at a
yearly rate of 4.500 %.
The interest rate required by this Section 2 is the rale I will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on July 1, 2018.
1 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 and any other items in the order described in the Security Instrument before Principal. If, on
June 1, 2048, 1 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
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $654.75.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only Is known
as a 'Prepayment.- When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate
a payment as a Prepayment if i have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any 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 Nate 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 4.000 % of my overdue
payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that If I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and
MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1101
Modified for FHA 9115 (rev. 2116)
Ellie Mae, Inc. Pagel O( 3 FHA3200NOT 0216
FHA3200NOT (CLS)
0511 7/201 8 09:00 AM PST
LOAN #
all the interest that 1 owe on that amount. That date must be at least 30 days after the date on whic t e notice rs mal
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 mail to me at the Property Address above or at a different address if I give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice
of that different address,
S. 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, surely or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations
of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
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.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some Jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument"), dated the same
date as this Note, protects the Note Holder from possible losses which might result If 1 do not keep the promises which I
make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
[Sign Original Only) .
MULTISTATE FIXED RATE NOTE -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Forth 3200 1101
Modified far FHA 9115 (rev. 2116)
Ellie Mae, Inc. Page 2 Of FHA3200NOT 0216
FHA3200NOT (CLS)
05/17/2618 09:00 AM PST
LOAN #
PAY TO THE ORDER OF: Pennym a Corp.
WITHOUT RECOURSE
Peoples National Bank, a National Bank
BY:
DIONNE DAVIS
TITLE: POST CLOSING SPECIALIST
(Sign Original Only]
MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 1101
Modified for FHA 9/15 (rev. 2116)
Ellie Mae. Inc. Page 3 of FHA3200NOT 0216
FHA3200NOT(CLS)
05117/2018 09:00 AM PST
ALLONGE TO NOTE
LOAN
PROPERTY ADDRESS: 602 RALPH AVE, SALINA, KS 67401
PRINCIPAL BALANCE: $129222
BORROWER: JENNIFER M LUCIO
CO -BORROWER:
PAY TO THE ORDER OF: PennyMac Loan Services, LLC
WITHOUT RECOURSE: PennyMac Corp.
BY
TITLE: Nicole Martz, Authorized Representative
ALLONGE TO NOTE
LOAN#
PROPERTY ADDRESS: 602 RALPH AVE, SALINA, KS 67401
PRINCIPAL BALANCE: $129222
BORROWER: JENNIFER M LUCIO
CO -BORROWER:
PAY TO THE ORDER OF:
WITHOUT RECOURSE: PennyMac Loan Services, LLC
BY L9
TITLE: Nicole Martz, Authorized Representative
LAND TITLE SERVICES, INC.
136 N. 7th Stre
Salina, KS 674
FILE #
When recorded, return to:
Peoples National Bank
Attn: Final Document Department
5175 North Academy Blvd
Colorado Springs, CO 80918
REBECCA SEEMAN
j�.,,, ;,REGISTER OF DEEDS SALINE COUNTY KANSAS
•t;;;,; .)Book: 1342 Page: 1212-1221
Receipt #: 116915N Recording Fee: #174.00
Mortgage #: 539 G Mortgage Ray Tax: $64.61
Pages Recorded:10 Mortgage Amount: 5129,222.00
Date Recorded: 5/18/2018 4:20:55 PM
LOAN #
[Space Above TNs Une For Recording Data] --
MORTGAGE FNa�r
DEFINITIONS MERE PHONE #:1.888.679-8377
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 10,12,17,19 and 21. Certain rules regarding the usage of words used in this document are
also provided In Section 15.
(A) "Security Instrument" means this document, which is dated May 18, 2018 together
with all Riders to this document.
(B) "Borrower' Is JENNIFER M LUCID, A SINGLE PERSON.
Borrower is the mortgagor under this Security Instrument.
(C) 'MERS' is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has
an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) 'Lender' Is Peoples National Bank.
Lender is a National Bank, organized and existing
under the laws of The United States of Amartca.
Lender's address is 5175 North Academy Blvd., Colorado Springs, CO 80918.
(E) "Note, means the promissory note signed by Borrower and dated May 18, 20%
The Note states that Borrower owes Lender ONE HUNDRED TWENTY NINE THOUSAND TWO
HUNDRED TWENTY TWO AND NO/100• • • • • - *"' • "' •' Dollars (U.S. $129,222.00
KANSAS - Single Family-Fannlo Mae/Freddle Mae UNIFORM INSTRUMENT Form X017 1101
Modified lar FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 1 of 10 KSEFHAISDE 0915
KSEDEED(CLS)
05/17!2018 09:D0 AM PST
EXHIBIT
B
Book 1342 Fuge: 1213
LOAN
plus interest. Borrower has promised to pay this debt in regular Periodic Paymen
in full not later than June 1, 2048.
(F) "Property" means the property that is described below under the heading 'Transfer of Rights in
the Property."
(G) "Loan' means the debt evidenced by the Note, plus interest, late charges due under the Note, and
all sums due under this Security Instrument, plus interest.
(H) 'Riders' means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Planned Unit Development Rider
El Other(s) [specify]
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non -appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and
other charges that are imposed on Borrower or the Property by a condominium association. homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine trans-
actions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) 'Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
paid by any third party (other than insurance proceeds paid under the coverages described in Section
5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of
the Property: (iii) conveyance in liou of condemnation; or (iv) misrepresentations of, or omissions as to,
the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default
on, the Loan.
(0) "Periodic Payment' means the regularly scheduled amount due for (i) principal and interest under
the Note, plus (ii) any amounts under SecLon 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and Its imple-
menting regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in
this Security Instrument. "RESPA" refers to all requirements and restrictions that are Imposed in regard
to a "federally related mortgage loan" even If the Loan does not qualify as a'federally related mortgage
loan" under RESPA.
(Q) 'Secretary" means the Secretary of the United States Department of Housing and Urban Develop-
ment or his designee.
(R) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions
and mod cations of the Note; and (ii) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower mortgages and warrants to MERS
(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS the following described property Iccated in the County
(Type of Recording Jurisd;ctlonl
of Saline
(Name of Recording Jurlsdictionl:
The Land referred to herein below is situated in the County of Saline, State of Kansas, and Is
described as follows: Lot One (1), Block Five (5), Southern View Addition to the City of Salina,
Saline County, Kansas.
APN #: 085-087-25-0-10-09-009.00-0
KANSAS -Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 1017 1101
Modeled for FHA 912014 HUD Handbook 4000.1)
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which currently has the address of 602 Ralph Ave, Salina,
(Street) (City)
Kansas 67401 ('Property Address")
(Zip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument. AD of the foregoing is referred to in this Security Instrument as
the 'Property," Borrower understands and agrees that MERS holds only legal title to the interests granted
by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee
for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests,
including, but not limited to, the right to foreclose and sell the Property; and to take any action required of
Lander including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform cov-
enants with limited variations byjurisdiction 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, and Late Charges. Borrower shall pay when
due the principal of, and interest on, the debt evidenced by the Note and late charges due under the
Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the
Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instru-
ment received by Lander as payment under the Note or this Security Instrument is returned to Lender
unpaid, Lender may require that any or all subsequent payments due under the Note and this Security
Instrument be made in one or more of the following forms, as selected by Lender; (a) cash; (b) money
order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
drawn upon an Institution whose deposits are Insured by a federal agency, instrumentality, or entity; or
(d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section
14. Lender may return any payment or partial payment If the payment or partial payments are Insufficient
to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments
are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not
pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment
to bring the Loan current. if Borrower does not do so within a reasonable period of time, Lender shall
either apply such funds or return them to Borrower, If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which
Borrower might have now or In the future against Lender shall relieve Borrower from making payments
due under the Note and this Security Instrument or performing the covenants and agreements secured
by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all pay-
ments accepted and applied by Lender shah be applied in the following order of priority:
First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge
by the Secretary instead of the monthly mortgage insurance premiums,
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and
other hazard insurance premiums, as required;
Third, to Interest due under the Note;
Fourth, to amortization of the principal of the Note; and,
Fifth, to late charges due under the Note.
Any application of payments, Insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the `Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other Items which can attain priority over this Security Instrument as
a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. If any;
(c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, to be paid by Lender to the Secretary or the monthly charge by the Secretary Instead of the
monthly Mortgage Insurance premiums. These items are called "Escrow ttems.' At origination ora[ any
time durtng the term of the Loan, Lender may require that Community Association Dues, Fees, andAssess-
ments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this Section, Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the
Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for
KANSAS - Skigle Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1101
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any or all Escrow Items at anytime. Any such waiver may only be in writing. In the
eve o c w ry
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts
evidencing such payment within such time period as Lender may require. Borrower's obligation to make
such payments and to provide receipts shaft for all purposes be deemed to be a covenant and agreement
contained in this Security instrument, as the phrase "covenant and agreement" is used In Section 9. if
Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount
and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may
revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
14 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 appy
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and rea-
sonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law,
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumental-
ity, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal
Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified
under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing
the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds
and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Bor-
rower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage In accordance with RESPA, but In no more than
12 monthly payments. t there is a deficiency of Funds held In escrow, as defined under RESPA, Lender
shag notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shag pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments
or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if
any. To the extent that these items are Escrow Items, Borrower shaft pay them in the manner provided
In Section 3.
Borrower shalt promptly discharge any lien which has priority over this Security instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner accept-
able to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in
good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion
operate to prevent the enforcement of the lien while those proceedings are pending, but only until such
proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any part of the Property
is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy
the lien or take one or more of the actions set forth above in this Section 4.
5. Property Insurance. Borrower shag keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term 'extended coverage," and
any other hazards inckiding, but not limited to, earthquakes and floods, for which Lender requires insur-
ance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods
that Lender requires. What Lender requires pursuant to the preceding sentences can change during the
term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender
may require Borrower to pay, In connection with this Loan, either. (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fags to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost
of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5
KANSAS -Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3017 1 rot
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shall become additional debt of.Borrower secured by this Security Instrument. The amour s a ear
interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon
notice from Lender to Borrower requesting payment.
AN Insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender ah receipts of paid premiums and
renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender,
shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible
and Lender's security is not lessened. During such repair and restoration period, Lender shall have the
right to hold such insurance proceeds until Lender has had an opportunity to Inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment
or In a series of progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds. Lender shall not be required to
pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. if the restoration or repair is not economically feasible or Lender's security would be lessened,
the Insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with the excess, If any, paid to Borrower. Such insurance proceeds shall be applied in the order
provided for In Section 2.
If Bormwer abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. 88orrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period
will begin when the notice is given. In either event, or if Lender acquires the Property under Section 24
or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other
of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under
all Insurance policies covering the Property, insofar as such rights are applicable to the coverage of the
Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts
unpaid under the Note or this Security Instrument, whether or not then due.
6, Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
determines that this requirement shall cause undue hardship for the Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control.
7, Preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Borrower shall maintain the Property In order to prevent the Property from deteriorating or decreasing
in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration
is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further
deterioration or damage. if Insurance or condemnation proceeds are paid in connection with damage
to the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has
released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration
in a single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of
Borrower's obligation for the completion of such repair or restoration.
If condemnation proceeds are paid in connection with the taking of the property, Lender shah apply
such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts, and then to payment of principal. Any application of the proceeds to the principal shall
not extend or postpone the due date of the monthly payments or change the amount of such payments.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has rea-
sonable cause, Lender may inspect the interior of the improvements on the Property. Lender shah give
Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application pro-
cess, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge
or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed
to provide Lender with material information) in connection with the Loan. Material representations include,
but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's
principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument,
(b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights
under this Security Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfei-
ture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws
KANSAS - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3017 1101
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or regulations), or (c) Borrower has abandoned the Property, then Lender may do an pay or w a ver
is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repair-
ing the Property. Lender's actions can Include, but are not limited to: (a) paying any sums segued by a
lien which has priority over this Security Instrument; (b) appearing In court; and (c) paying reasonable
attomeys' fees to protect its Interest in the Property and/or rights under this Security Instrument, indud-
ing its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited
to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain
water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities
turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so
and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
any or all actions authorized under this Section 9.
Any amounts disbursed by Lender underthis Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disburse-
ment and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel
the ground lease. Borrower shalt not, without the express written consent of Lender, atter or amend the
ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee fide shall not merge
unless Lender agrees to the merger in writing.
10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property. if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed
to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay
for the repairs and restoration in a single disbursement or in a series of progress payments as the work
is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on
such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Pro -
reeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Pro-
ceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums segued 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, destruc-
tion, or loss In value divided by (b) the fair market value of the Property immediately before the partial
taking, destruction, or k>ss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
fails to respond to Lender within 30 days after the date the notice Is given, Lender Is authorized to col-
lect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. 'Opposing Partin' means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action
in regard to Miscellaneous Proceeds.
Borrower shall be in default If any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment. could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 18, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's Judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shag be paid to Lender.
Ag Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied In the order provided for In Section 2.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for pay-
ment or modification of amortization of the sums secured by this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bom wer or
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cc Successors in Interest of Borrower. Candor shall not be required � commence procee wigs against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower
or any Successors In Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons. entities or Successors
in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude
the exercise of any right or remedy.
12. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower
who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 17, any Succassor In Interest of Borrower who assumes Bor-
rower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Securky Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 1 g) and benefit the successors and assigns of Lender.
13. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, Including, but not limited to, attorneys' fees, property inspection and valuation fees.
Lender may collect fees and charges auttorized by the Secretary. Lender may not charge fees that are
expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with the Loan exceed
the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,
the reduction will be treated as a partial prepayment with no changes in the due date or in the monthly
payment amount unless the Note holder agrees in writing to those changes. Borrower's acceptance of
any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bor-
rower might have arising out of such overcharge.
14. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shalt be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's 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
may be only one designated notice address under this Security Instrument at any one time. Any notice to
Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein
unless Lender has designated another address by notice to Borrower. Any notice in connection with this
Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.
If any notice required by this Security Instrument is also required under Applicable Law, the Applicable
Law requirement will satisfy the corresponding requirement under this Security Instrument.
15. Goveming Law; Severabllity; Rules of Construction. This Security Instrument shall be gov-
erned by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law,
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict
shall not affect other provisions of this Security Instrument or the Note which can be given effect without
the conflicting provision.
As used in this Security instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words In the singular shall mean and
include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to
take any action.
15. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument.
17. Transfer of the Property or a Beneficial interest In Borrower. As used in this Section 17,
"Interest in the Property" means any legal or beneficial interest In the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract
or escrow agreement, the Intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
KANSAS -Single Family - Fannie MaeXreddle Mae UNIFORM INSTRUMENT Farm 3017 1101
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Instrument. However, this option shall not be exercised by Lender if such exercise is pro r r e y
Applicable Law.
If Lender exercises this option, Lender shalt 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 14
within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bor-
rower shall have the right to reinstatement of a mortgage. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as 0 no accelera-
tion had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, Including, but not limited to, reasonable attorneys' fees,
property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender
may reasonably require to assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Security instrument, shall continue
unchanged. However, Lender is not required to reinstate if: (i) Lender has accepted reinstatement after
the commencement of foreclosure proceedings within two years immediately preceding the commence•
ment of a current foreclosure proceedings; (11) reinstatement will preclude foreclosure on different grounds
in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security
Instrument. Lender may require that Borrower pay such reinstatement sums and expenses In one or
more of the following forms, as selected by Lender; (a) cash; (b) money order; (c) certified check, bank
check, treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose
deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon
reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully
effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 17.
19. Sale of Note; Change of Loan Servicer; Notice of Grievance, The Note or a partial interest
in the Note (together with this Security Instrument) can be sold one or more times without prior notice
to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects
Periodic Payments due under the Note and this Security instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
Loan Servicer, Borrower will be given written notice of the change which will state the name and address
of the new Loan Servicer, the address to which payments should be made and any other information
RESPA requires in connection with a notice of transfer of servicing. It the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing
obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer
and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
20. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance rem-
burses Lander (or any entity that purchases the Note) for certain losses it may incur if Borrower does not
repay the Loan as agreed. Borrower acknowledges and agrees that the Borrower is not a third party ben-
eficiary to the contract of insurance between the Secretary and Lender, nor is Borrower antitied to enforce
any agreement between Lender and the Secretary, unless explicitly authorized to do so byApplicable Law.
21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those sub-
stances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b)'Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup' includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shell not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not
do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of
a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preced-
ing two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environ-
mental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release
of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazard-
ous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any
governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
KANSAS - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3017 1101
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Z2. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of
payment defaults, require Immediate payment in full of all sums secured by this Security Instrument if:
(1) Borrower defaults by failing to pay in full any monthly payment required by this Security Instru-
ment prior to or on the due date of the next monthly payment, or
(9) Borrower defaults by failing, for a period of thirty days, to perform any other obligations con-
tained in this Security Instrument
(b) Sale Without Credit Approval. Lender shall, 9 permitted by applicable law (including Section
341(d) of the Gam -St. Germain Depository Institutions Act of 1982, 12 U.S.C. 17010(d)) and with
the prior approval of the Secretary, require immediate payment in full of all sums secured by this
Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property,
is sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or
the purchaser or grantee does so occupy the Property but his or her credit has not been approved
In accordance with the requirements of the Secretary,
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lender does not waive Its rights with respect to
subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary
will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and
foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not
permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the date
hereof, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent
to 60 days from the data hereof, declining to insure this Security Instrument and the Note, shall be
deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be
exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a
mortgage insurance premium to the Secretary.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
23. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents
and revenues of the Property, Borrower authorizes Lender or Lender's agents to collect the rents and
revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents.
However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the
Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee
for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and
not an assignment for additional security only.
If lender gives notice of breach to Borrower. (a) all rents received by Borrower shall be held by Bor-
rower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument:
(b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of
the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand
to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any
act that would prevent Lender from exercising its rights under this Section 23.
Lender shall not be required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower, However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
24, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fol-
lowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior
to acceleration under Section 17 unless Applicable Law provides otherwise). The notice shall
specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice Is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding
and sale of the Property. The notice shall further Inform Borrower of the right, to reinstate after
acceleration and the right to assert in the foreclosure proceeding the non-existence of a default
or any other defense of Borrower to acceleration and foreclosure. if the default is not cured on
or before the date specified in the notice, Lender at its option may require immediate payment
in full of all sums secured by this Security Instrument without further demand and may foreclose
this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided In this Section 24, 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 24, including, but not limited to, reasonable attorneys' fees, to the extent
allowed by Applicable Law.
KANSAS - Singie Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3017 1101
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H the Lender's interest in this Security Instrument is held by the Secreta
requires Immediate payment In full under Section 22, the Secretary may Invoke the nonjudicial
power of sale provided In the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C.
3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence
foreclosure and to sell the Property as provided in the Act. Nothing In the preceding sentence
shall deprive the Secretary of any rights otherwise available to a Lender under this Section 24 or
applicable law.
25. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release
this Security Instrument. Lender may charge Borrower a fee for releasing this Security instrument, but
only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under
Applicable Law,
26. Waiver of Redemption. Borrower waives all rights of redemption to the extent allowed by law.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and In any Rider executed by Borrower and recorded with it.
(Seal)
State of KANSAS
County of: SALINE
This Instrument was acknowledged before me on MAY 18, 2018 (date) by JENNIFER M
LUCID (name(s) of person(s)).
(Seal, If any)
4SK
f�
Signature of tariai CNficer AuSt�� f1•P�c�
Title and Rank: Grvst 6M4 -
My Commission Expires:
KANSAS -Skgre Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fonn 3017 1101
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_�R_- EXHIBIT
/.•. , EBECSA INE COU
,,�,,, •':';REGISTER OF DEEDS SALINE COUNTY KANSAS
j.fBook:1356 Page: 1421-1421
`Receipt i7123203 Recording Fee: $20.00
Pages Recorded: 1ChlJ
Date Recorded: 6/3/2019 9:14:29 AM
When Recorded Return To:
PennyMac Loan Services, LLC
GO Nationwide Title Clearing, Inc.
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. AS NOMINEE FOR
PEOPLES NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS, (ASSIGNOR), (HERS Address: P.O.
Box 2026, Flint, Michigan 48501-2026) by these presorts does convey, grant, assign, transfer and set over the
described Mortgage with all interest secured thereby alt lints, and any rights due or to becronre due thereon to
PF.NNYMAC LOAN SERVICES, LLC, WHOSE ADDRESS IS 3043 TOWNSGATE ROAD STE 200,
WESTLAKE VILLAGE, CA 91361(800)777-4001, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE).
Said Mortgage is dated 05/18/2018, was executed by JENNIFER M LUCIO to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PEOPLES NATIONAL BANK, ITS
SUCCESSORS AND ASSIGNS, and was recorded on 05118/2018 in Book 1342 and Pays 1212 of the records of
the Register of Deeds for SAI, County, Kawa1.
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SALINE, STATE OF
KANSAS, AND IS DESCRIBED AS FOLLOWS: LOT ONE (1), BLOCK FIVE (5), SOUTHERN VIEW
ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
Dated on (MM/DD/YYYY).
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PEOPLES
NATIONAL BANK, ITS SUCCESSORS AND ASSIGNS
By--
Ercilia Green
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 on — 5 Z– /=9 (MM/DD/YYYY), by Ercilia
Green as VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR PEOPLES NATIONAL BANK. ITS SUCCESSORS AND ASSIGNS, who, as such VICE
PRESIDEN"£ being authorized to do so, executed the foregoing instrument for the purposes therein contained.
He/shchhey is (are) personally known to me.
t
VICKY
r MCCY
NOTA
NOTARY PUBLIC
STATE OF FLORIDA
COMW G0285301
Vicky McCo ° ,,,, EX Rft 12/10/4022
Notary Public - STATE OF FLORIDA
Commission expires: 12/18/2022
EXHIBIT
D
After recording please return to:
SERVICELINK
��ATTN: LOAN MODIFICATION SOLUTIONS
3220 EL CAMINO REAL
"IRVINE, CA 92602
'19
:v REBECCA SEEMAN
f`1'L*-"'-"..'i13
OF DEEDS SALINE COUNTY KANSAS
ook: 1424 Page: 929-933
' , ` f;7/ Receipt #: 146797 CN Recording Fee: $89.00
Pages Recorded:5 Mortgage Amount: $23,645.08
Date Recorded: 4/25/2023 9:55:21 AM
LOAN NO.�
Investor Case N
KANSAS MORTGAGE �'ZnA
THIS MORTGAGE ("Security Instrument") is given on March 28, 2023. The Mortgagor is JENNIFER M.
LUCID
(,Whose address is 602 RALPH AVENUE, SALINA, KS 67401
'Borrowcr'). This Security Instrument is given to the Secretary of Housing and Urban Development, and whose
address is 451 Seventh Street, SW, Washington, DC 20410 ("Lender"). Borrower owes Lender the principal sum of
Twenty Three Thousand Six Hundred Forty Five and 08/100ths Dollars (U.S. $23,64508). This debt is
evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for the full
debt, if not paid earlier, due and payable on June 1, 2048. This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the
payment of all other sums, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c)
the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this
purpose, Borrower does hereby mortgage, wan -ant, grant and convey; to the Lender, with the power of sale the
following described property located in SALINE County, Kansas:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF:
which has the address of 602 RALPH AVENUE, SALINA, KS 67401, ("Property Address");
Kansas Mortgage -Single Family
Page t ofS l90 t 9
41
• ,, Boric 2424 Page; 930
TOGETHER WITH all the improvemen , 0� or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument.-Akof; the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that 13bsrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and conve}r tbiperty and that the Property is unencumbered, except for encumbrances of record. .
Borrower warrants and wild clefendWgenerally the title to the Property against all claims and demands, subject to any
encumbrances or record.
THIS SECURITY INS'T'RUMENT combines uniform covenants for national use and non-uniform covenants with
}invited variationsµ +�pt"sdiction to constitute a uniform security instrument covering real property.
Botrttvtcrand Lender covenant agree as follows:
UNIFORM COVENANTS.
Payment of Principal. Borrower shall pay when due the principal of the debt
2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension
sums secured by this Security Instrument granted by Lender to any successor in it
operate to release the liability of the original Borrower or Borrower's successor i,
10 required to commence proceedings against any successor in interest or refuse o
otherwise modify amortization of the sums secured by this Security Instrument by re;
the original Borrower or Borrower's successors in interest. Any forbearance by Len(
remedy shall not be a waiver of or preclude the exercise of any right or remedy.
the"tune of payment of the
iorrower shall not
t. rider shall not be
coil time for payment or
i of any demand made by
in exercising any right or
3. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's
covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does
not execute tiie�N€>te: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers ,
interest iWtfte Propeity under the terms of this Security Instrument; (b) is not personally obligated to pay th " surds
secured,,, k y It;s Security Instrument; and (c) agrees that Lender and any other Borrower may agree tg,.
mod€hy, oft ar or make any accommodations with regard to the term of this Security Instrument F thilw' &e
i th Borrower's consent.
Notices. Any notice to Borrower provided for in this Security Instrument shall be given bydeli�erirtg it or
by`inailing it by first class mail unless applicable law requires use of another method. The notice shall &e directed to
the Property Address or any other address Borrower designates by notice to Lender. Any foti4 to Lender shall be
given by first class mail to: Department of Housing and Urban Development, Attention: Single Family Notes
Branch, 451 Seventh Street, SW, Washington, DC 20410 or any address Lender des idsby notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have beenata`kq-Borrower or Lender when
given as provided in this paragraph. �
f�
3. Governing Law; Severability. This Security Instrument shall,b
41orrtie!Cl by Federal law and the law of
the jurisdiction in which the Property is located. In the event that any p0ovisibo or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not afle&othe;'provisions of this Security Instrument
or the Note which can be given effect without the conflicting pr4isi To this end the provisions of this Security
Instrument and the Note are declared to be severable.
,Ww
Book 1424 Page: 931
r
6. Borrower's Copy. Borrower shalt `be given one conformed copy of the Note and of this Security
Instrument.
NON-UNIFOR'vl COVENANTS. Borrower and Lender further covenant and agree as follows:
7. Acceleration; Remedies. If the Lender's interest in this Security Instrument is held by the Secretary and
the Secretary requires immediate payment in full under Paragraph 4 of the Note, Secretary may invoke the _ n
nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. §
3751 et seq.) by requc�ting a foreclosure commissioner designated under the Act to commence foreclosure and to
sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any
rights otherwise available to a Secretary under this paragraph or applicable law.
Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any ,
covenant or agreement in the Note or this Security Instrument. The notice shall specify: (a) the default; 1"
(b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
specified in the notice may result in acceleration of the sums secured by this Security Instrumew, fGreclosure
,,;by judicial proceeding and sale of the Property. The notice shall further inform Borrower of tte right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default
or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the
date specified in the notice, Lender at its option may require immediate payment in full of all sums secured
by this Security Instrument without further demand and may foreclose this Security Instrument by judicial
proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
Section 7, 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 7, including, but not limited to, reasonable attorneys' fees, to the extent allowed by Applicable
Law.
8. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a
third parry for services rendered and the charging of the fee is permitted under Applicable Law,
9. Waiver of Redemption. Borrower waives all rights of redemption to the extent allowed by law.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR-
MORTGAGES
UPERIOR MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien
which has priority over this Security Instrument to give notice to Lender, at Lender's address set forth on page one
0.
of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action.
Kansas Mortgage.Stngle Family
Page 3 at!,.
)NI
— NO"TIC TO CONSUMER —
. � rn
1. Do not sign this agreement before you read it.
2. You are entitled toga 6pyuf this agreement.
3. You may prepay.,, ', unpaid balance at any time without penalty.
BY SIGNING
Instrument ands my F
Borrower
lZ I
�/ a4
8001C 3424 Page: 932
rower accepts and agrees to the terms and covenants contained in this Security ;. u
by and recorded with it.
rj r <4 Date: L4/� � /�
ACKNOWLEDGMENT
§
--County of
This instrument was acknowledged before me on ( ' by JENNIFER
M. LUCIO.01 y
x
Signature of Person Taking Ackno%0 gment
PiOtety Putt c - Sta1e of Kansas 1 l /rrM - Z ' 2�
�6C
1NlEL RQETS Printed�� Name 111
Title or Rank
PAN
(�5ew) My Appointment Expires:
Originator Organization: PennyMac Loan Services, LLC, NMLSR ID_
Individual Loan Originator's Name NMLSR IU_
C
BORROWER(S): JENNIFER M,
LOAN NUMBER
LEGAL *'-it
STATE OF.KANS, ^ COUNTY OF SALINE, AND DESCRIBED AS FOLLOWS:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SALINE, STATE
KANSAS, AND IS DESCRIBED AS FOLLOWS: LOT ONE (1), BLOCK FIVE (S), SOUTHERN VIEW
ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS. APN 085-087-25-4-10-04' .00-0
Parcel ID Number: 481.254)-10-09-409
ALSO KNOWN AS: 602 RALPH AVENUE, SALINA, KS 67441
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/7 After recording please return to:
SERVICELINK
ATTN: LOAN MODIFICATION SOLUTIONS
3220 EL CAMINO REAL
IRVINE, CA 92602
---[Space A
Investor Case No�
REBECCA SEEMAN n- "'
OF DEEDS SALINE COUkiY KANSAS
�-,,, ;,,:;•?Book: 1434 Page:
-i 6
Receipt #: 150736 Recording, Fee: $89.00
Pages Recorded:5 Mortgage Amount: $14,957.11
Date Recorded: 1/24/2024 10:59:43 AM
V
LOAN
KANSAS MORTGAGE
THIS MORTGAGE ("Security Instrument') is'jiv&r-bn December 13, 2023. The Mortgagor is JENNIFER M.
LUCID
Whose address is 602 RALPH AVENUES SALINA, KS 67401
("Borrower"). This Security Instrument `(,ven to the Secretary of Housing and Urban Development, and who
address is 451 Seventh Street, SW ton, DC 20410 ("Lender"). Borrower owes Lender the principal surio
Fourteen Thousand Nine Hundred Fifty Seven and 12/100ths Dollars (U.S. $14,957.12). This debt is evidenced
by Borrower's note dated the s#njfe as this Security Instrument ("Note"), which provides for the fuIV:4cbtjf'not
paid earlier, due and payable ,orJuir�e 1, 2W. This Security Instrument secures to Lender: (a) the repayment , of the
debt evidenced by the Note, etui 'all renewals, extensions and modifications of the Note; (b) the paymtfiiyf all other
sums, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of
Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does
hereby mortgage, warrant. grant and convey to the Lender, with the power of sale the following described property
located in SALINE County, Kansas:
SEE EXHIBIT "A" ATTACHED HE
which has the address of 602 RA
Kansas
4D MADE A PART HEREOF:
SALINA, K§ 67401, (-Property Address"),
Page I or
Book 1434 Page: 1153
4 .,
TOGETHER WITH pW The improvements now or hereafter erected on the property, and, 411 easements,
appurtenances, and frattues'now or hereafter a part of the property, All replacements and additions` shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Insirum{ntt as the "Property.,.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conve�ea and has the right to
mortgage, grapt and convey the Property and that the Property is unencumbered, except forrencumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumorces or record.
JS"SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
filtifted variations by jurisdiction to constitute a uniform security insttttrnen covering real property.
Borrower and mender covenant agree as follows:
C. UNIFORM COVENANTS.
1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note.
2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment of the
sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not
operateto release the liability of the original Borrower or Borrower's successorg'in interest. Lender shall not be
required to commence proceedings against any successor in interest or refuse to extend time for payment or
ise modify amortization of the sums secured by this Security Instrument.by reason of any demand made by
.original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or
�Jemedy shall not be a waiver of or preclude the exercise of any right of remedy.
. 3. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's
covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does
. not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's
interest in the Property wider the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (e) ate; that Lender and any other Borrower may agree to extend,
modify, forbear or make any accommodations wi4 regard to the term of this Security Instrument or the Note 0
without that Borrower's consent.
4. Notices. Any notice to Borrower,provided for in this Security Instilment shall be given by deli . N, , ,�
by mailing it by first class mail unless applicable law requires itse of another method. The notice shall be directcd`to'
the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be
given by first class mail to: Dcpartment of Housing and Urban Development, Attention: Single family Notes
Branch, 451 Seventh Street, SW, Washington, DC 20410 or any address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or lender when
given as provided in this paragraph.
5. Governing Law; Severability, This Security Instrument slurp be governed by Federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law""Ruch conflict shall not affect otter provisions of this Security Instrumen
or the Note which can be given effect v itltout the conflicting provision. To this end the provisions of this Securt
Instrument and the Note are declared to be severable.
Kansas Mortgage -Single Family
'; Page 2 of 5 ttS t1N14
Boole 1434 Page: 1154
6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of thkScurity
Instrument.
NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows
7. Acceleration; Remedies. If the Lender's interest in this Security Instrument is held by the Secretary and
the Secretary requires immediate payment in full under Paragraph 4 of the Note, ;Secretary may invoke the
nonjudieial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. §
3751 ct se.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to
sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any
ti weitherwise available to a Secretary under this paragraph or applicable law.
Lender shall give notice to Borrower prior to acceleration foilowing Borrower's breach of any
covenant or agreement in the Note or this Security Instrument. The notice shall specify: (a) the default;
(b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure
by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default
or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the
date specified In the notice, bender 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 7, 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 Ws Section 7, including, but not limited to, reasonable attorneys' fees, to the extent allowed by Applicable
> AW.
8. Release. Upon payment of all sums secured by this Sccurity Instrument, Lender shall release this Security
Instrument. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a
third party for services rendered and the charging of the fee is permitted under Applicable LawXNX.
9. Waiver of Redemption. Borrower waives all rights of redemption to the extent allowed by law.
REQUEST FOR NOT►CE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with
which has priority over this Securit=y Instrument to give notice to Lender, at Lender's address set forth on page ooe
of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action.
80016 1434 Pam 1155
ox (2-) %
—NOTICE TO CONSUMER—
1. Do tat sign this agreement before you read it.
2 Yow are entitled to* copy of this agreement.
You may prepay the unpaid balance at any time without penalty.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covens contained in this Security
Instrument and d der executed by Borrower d recorwith it
$te: / 3
borrower - ENNIFER M. LUCID
�M
- qy
ACKNOWLEMMENT
State of._
C §
County of
i his instrument was acknowledged before me on "�_ �{ by JENNIFER
M. LUCI0.
�q
Notary Punk - State of Kansas
(Seat) Q My Appointment Expires:1 t� -'aO a-"7
If
Loan Originator Organization: Penn yMac Loan Services, LLC, NMLSR IM
Individual Loan Originator's Name NMLSR ID: -
Book 1434 • 1156
:3 FOAL DESCRIPTION: W
STATE OF KANSAS, COUNTY OF SALINE, AND DESCRIBED AS FOLLOWS:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SALINE, STATE OF
KANSAS, AND IS DESCRIBED AS FOLLOWS: LOT ONE 1), BLOCK FIVE (5), SOUTHERN VIEW
ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
Parcel ID Number: 087-25-p-10-09-009.00
ALSO KNOWN AS: 602 RALPH AVENUE, SALINA, KS 67403
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