PPH Mortgage v D. Lee ELECTRONICALLY FILED
2024 Jul 18 PM 5:03
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000159
PII COMPLIANT
IN THE 28th JUDICIAL DISTRICT
DISTRICT COURT OF SALINE COUNTY, KANSAS
PHH Mortgage Corporation, )
Plaintiff,
V ) Case No. SA-2024-CV-000159
Dorothea Lee (Deceased) et.)
al.,
Defendant.
Defendant's Name and Address:
The City of Salina,Kansas
Nikki Goding, City Clerk
300 W Ash St., Room 206
Salina, KS 67401
Proceeding Pursuant to K.S.A. Chapter 60
SUMMONS
To: The City of Salina, Kansas
(Defendant's name)
A civil lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you
received it), you must serve on the plaintiff an answer to the attached petition or a motion
under K.S.A. 60-212. Under Kansas Supreme Court Rule 113, you may seek from the
clerk of the court an extension of up to 14 additional days to serve and to file an answer
ora K.S.A. 60-212 motion.
If you fail within 21 days to serve and to file an answer or a K.S.A. 60-212 motion or
obtain a Rule 113 extension,the court may enter default judgment against you for the relief
State of Kansas,County of Saline,S.S.
I hereby certify the within to be a
true copy of the original writ with the
Rev. 12/2022 KSJC 1 endorsements thereof.
Sheriff
demanded in the petition. If you were served outside of Kansas, however, the court may
not enter default judgment against you until at least 30 days after service of this summons.
The answer or K.S.A. 60-212 motion must be served on the plaintiffs attorney, or
the plaintiff if plaintiff has no attorney, at the following address:
Aaron Michael Schuckman
(Attorney's name or Plaintiffs name)
612 Spirit Drive
Chesterfield, MO 63005
(Attorney's address or Plaintiffs address)
You also must file your answer or K.S.A. 60-212 motion with the court.
When you file an answer, you must state as a counterclaim(s) any related claim(s)
that you may have against the plaintiff. If you fail to do so, you will thereafter be barred
from making such claim(s) in any other action.
t ';.
Clerk of the District Court.
By Terri Clarkson
Clerk or Deputy
Documents to be served with the Summons
PLE: Petition Petition-Petition for Mortgage Foreclosure
2
Rev. 12/2022 KSJC
ELECTRONICALLY FILED
2024 Jul 18 PM 5:03
CLERK OF THE SALINE COUNTY DISTRICT COURT
CASE NUMBER: SA-2024-CV-000159
P11 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
PHH Mortgage Corporation ) Cause No.
Plaintiff, ) Court No.
)
vs. ) Title to Real Estate Involved
)
Dorothea M. Lee (Deceased) ) Pursuant to K.S.A. §60
Serve At: )
Publication Service )
)
John Doe )
Serve At: )
1510 Arapahoe Ave )
Salina, KS 67401 )
)
Jane Doe )
Serve At: )
1510 Arapahoe Ave )
Salina, KS 67401 )
)
Unknown Spouse of Dorothea M. Lee )
Serve At: )
1510 Arapahoe Ave )
Salina, KS 67401 )
)
Larry B. Minnich )
Serve At: )
Publication Service )
)
Donnie E. Lee )
Serve At: )
1220 N 3rd St. )
Salina, KS 67401 )
And to: )
1510 Arapahoe Ave )
1
IIIIIIIIIII11111111I1NIIIII11111III1 II 1E11111111
MS File No.222325.445592 KJFC
Salina, KS 67401 )
)
Shawn R. Lee )
Serve At: )
1510 Arapahoe Ave )
Salina, KS 67401 )
)
The City of Salina, Kansas )
Serve At:
Nikki Goding, City Clerk )
300 W Ash St., Room 206 )
Salina, KS 67401 )
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 REFORMATION, QUIET TITLE,AND MORTGAGE
FORECLOSURE
COMES NOW Plaintiff, PHH Mortgage Corporation, 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, Dorothea M. Lee (Deceased) has an interest in the underlying
Property that is the subject of this suit located in Saline County, Kansas and will be served by
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MS File No.222325.445592 KJFC
publication.
3. Defendant, Donnie E. Lee has an interest in the underlying Property that is the
subject of this suit located in Saline County, Kansas and may be served by delivery of the
petition and summons to 1510 Arapahoe Ave Salina, KS 67401, and to 1220 N 3rd St., Salina,
p Sa na,
KS 67401.
4. Defendant, Shawn R. Lee has an interest in the underlying Property that is the
subject of this suit located in Saline County, Kansas and may be served by delivery of the
petition and summons to 1510 Arapahoe Ave, Salina, KS 67401.
5. Defendant, Jane Doe has an interest in the underlying Property that is the subject
of this suit located in Saline County, Kansas and may be served by delivery of the petition and
summons to 1510 Arapahoe Ave, Salina, KS 67401.
6. Defendant, John Doe has an interest in the underlying Property that is the subject
of this suit located in Saline County, Kansas and may be served by delivery of the petition and
summons to 1510 Arapahoe Ave, Salina, KS 67401.
7. Defendant, Larry B. Minnich has an interest in the underlying Property that is the
subject of this suit located in Saline County, Kansas and will be served by publication.
8. Defendant, The City of Salina, Kansas has an interest in the underlying Property
that is the subject of this suit located in Saline County, Kansas and may be served by delivery of
the petition and summons to Nikki Goding, City Clerk, 300 W Ash St. Room 206, Salina, KS
67401.
9. Defendant,Unknown Spouse of Dorothea M. Lee has an interest in the underlying
Property that is the subject of this suit located in Saline County, Kansas and may be served by
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MS File No.222325.445592 KJFC
delivery of the petition and summons to 1510 Arapahoe Ave, Salina, KS 67401.
10. Plaintiff seeks to serve by publication all those known and unknown parties as set
forth in K.S.A. §60-307.
11. The Property which is the subject of this action ("Property") is known and
numbered as 1510 Arapahoe Ave, Salina, KS 67401 and is legally described as follows:
LOT TWENTY-THREE (23), BLOCK ONE (1), LIKINS-FOSTER ADDITION
TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
Parcel ID No. 086-23-0-30-07-023
12. Title to the subject Property was conveyed to Dorothea M Lee by Warranty Deed
dated July 21, 2009, recorded July 24, 2009, in Book 1198 Page 365. A copy of said Deed is
attached hereto as Exhibit"A" and incorporated herein by reference.
13. On April 6, 2015, Dorothea M. Lee executed a Note ("Note") in exchange for
loaned funds in the principal sum of$78,656.00, 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"B"and incorporated herein by reference.
14. On April 6, 2015, Dorothea M. Lee executed a Mortgage ("Mortgage") to
Mortgage Electronic Registration Systems, Inc. as nominee for Freedom Mortgage Corporation
to secure repayment of the Note. A true and correct copy of the Mortgage is attached hereto as
Exhibit"C"and incorporated herein by reference.
15. The Mortgage was recorded on May 8, 2015, in the office of the Register of
Deeds for Saline County in Book 1295 Page 1987. The mortgage registration tax was paid in
full.
16. Said Mortgage was assigned to Plaintiff by an Assignment of Mortgage recorded
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MS File No.222325.445592 KJFC
on April 10, 2024, in Book 1437 Page 423 in the office of the Register of Deeds for Saline
County. A true and correct copy of said Assignment is attached hereto as Exhibit "D" and
incorporated herein by reference.
17. 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 and bring its other claims
based thereon through this suit.
COUNT I-REFORMATION
18. Paragraphs 1-17 are incorporated herein by reference as if fully stated herein.
19. On April 18, 2009, Robert P. Brightbill and Terry L. Brightbill, husband and wife,
executed a Warranty deed, conveying interest in the subject Property to Dorothea M. Lee. Said
Warranty Deed was recorded July 24, 2009, in Book 1198 Page 365.
20. As set forth in Paragraphs 14 and 15, Dorothea M. Lee later executed a Mortgage
in exchange for loaned funds in the original principal amount of$78,656.00.
21. The Mortgage was made with the intent that the entirety of the Property be
pledged as security for the Note.
22. By mistake or inadvertence, the marital status of Dorothea M. Lee was not
identified on the Mortgage.
23. Upon information and belief, Dorothea M. Lee was a single person at the time the
Mortgage was executed.
24. It is necessary to reform the Mortgage to reflect the marital status of the grantor
more accurately as of the time the Mortgage was executed.
25. The Mortgage should be reformed to reflect the mortgagors as "Dorothea M. Lee,
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MS File No.222325.445592 KJFC
a single person."
WHEREFORE, Plaintiff prays this Court enter judgment in its favor reforming the
subject Mortgage to properly identify the mortgagors as follows: "Dorothea M. Lee, a single
person."
Plaintiff further prays this Court enter judgment in its favor holding that the mortgage
recorded May 8, 2015, in the Office of the Register of Deeds for Saline County in Book 1295
Page 1987 be deemed a perfected lien against the subject property, with no other individual or
entity having a greater interest therein other than as stated below.
COUNT II-QUIET TITLE
26. Paragraphs 1-25 are incorporated by reference as if fully stated herein.
27. By deed recorded on May 27, 1971, George Romney, Secretary of Housing and
Urban Development, of Washington, D.C., acting by and through the Federal Housing
Commisioner, executed a Joint Tenancy Warranty Deed, conveying HUD's interest in the
subject Property to Larry B. Minnich and Kathleen A. Minnich, husband and wife. Said Joint
Tenancy Warranty Deed was recorded in Book 290, Page 69. A copy of the same is attached
hereto as Exhibit"E" and incorporated herein by reference.
28. By subsequent deed recorded on February 25, 1999, in Book 386, Page 127, the
same Property was conveyed by Edward Dinkel and Kathleen A. Dinkel (fka Kathleen A.
Minnich)to Robert P. Brightbill and Terry L. Brightbill. See Exhibit"F" and"G" attached hereto.
29. The Brightbills thereafter conveyed the Property to Dorothea M. Lee by the deed
identified in Paragraph 19 herein.
30. On information and belief, any interest previously held by Larry B. Minnich was
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MS File No.222325.445592 KJFC
conveyed or otherwise transferred to Kathleen A. Minnich nka Kathleen A. Dinkel at some point
in time between the recordation of the deeds described in Paragraphs 28 and 29 herein.
31. Upon information and belief, Larry B. Minnich no longer holds any right, title, or
interest in the Property.
32. The potential outstanding interest of Larry B. Minnich creates a cloud on the
chain of title and threatens the lien priority of the Mortgage in and to the subject Property.
WHEREFORE, Plaintiff prays this Court enter judgment in its favor declaring that all
right, title, and interest in the Property held by Larry B. Minnich be deemed fully conveyed and
extinguished of record.
Plaintiff further prays this Court quiet title to the Property in favor of Dorothea M Lee,
subject to Plaintiff's perfected mortgage lien as reformed herein, and hold that no other
individual or entity has a greater interest other than as set forth below.
COUNT III-MORTGAGE FORECLOSURE
33. Paragraphs 1-32 are incorporated by reference as if fully stated herein.
34. The Mortgage provides that the mortgagor will promptly pay the principal and
interest of the indebtedness evidenced by the Note at the same time and in the same manner
therein provided and if there shall be a default in any of the terms, conditions or covenants of the
Mortgage or of the Note secured thereby, then any sums owing by the mortgagor to the
mortgagee shall, at the option of the mortgagee, become immediately due and payable and that
the mortgagee shall have the right to foreclose on said Mortgage.
35. Dorothea M. Lee 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
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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.
36. As a result of the foregoing default, there is now due and owing the sum of
$68,048.66 together with interest thereon as stated in the Note until paid in full, and Plaintiff's
costs incurred herein, including but not limited to, title search expenses advanced by Plaintiff,
publication costs, taxes and any other sums which Plaintiff has or may hereafter advance and pay
under the terms and conditions of said Note and Mortgage, including reasonable attorney fees.
37. At the time of the default in the payment of Plaintiff's mortgage herein above
described, less than one-third of the original indebtedness secured by the Mortgage had been
paid and the defendant owner's right of redemption should be limited to three (3) months from
date of sale.
38. Shawn R. Lee and Donnie E. Lee are the title owners of the Property. Any such
interest is subject to Plaintiff's mortgage.
39. Defendant Donnie E. Lee may have an interest in the Property as an heir. Any
such interest is junior, inferior, and subject to Plaintiffs mortgage lien.
40. Defendant Shawn R. Lee may have an interest in the Property as an heir. Any
such interest is junior, inferior, and subject to Plaintiffs mortgage lien.
41. Defendant Jane Doe may have a possessory interest in the Property. Any such
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MS File No.222325.445592 KJFC
interest is junior, inferior, and subject to Plaintiffs mortgage lien.
42. Defendant John Doe may have a possessory interest in the Property. Any such
interest is junior, inferior, and subject to Plaintiffs mortgage lien.
43. Defendant The City of Salina, Kansas may have an interest in the Property as a
Notice of Pending Assessment recorded on April 1, 2024 in Book 1436 Page 1889 in the original
amount of$160.00. On information and belief, said assessment is senior and prior in interest to
Plaintiff's mortgage.
44. Defendant Unknown Spouse of Dorothea M. Lee may have an interest in the
Property. Any such interest in the Property is junior, inferior, and subject to Plaintiffs mortgage
lien.
45. 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.
46. 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.
47. None of the Defendants are subject to the provisions of the Servicemembers Civil
Relief Act of 2004, as amended.
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MS File No.222325.445592 KJFC
48. The Mortgage constitutes a superior and prior lien against the Property, other than
with respect to the interest of the City of Salina as identified hereinabove and otherwise subject
only to any delinquent real estate taxes.
WHEREFORE, Plaintiff prays for an in rem judgment against the Property in the sum of
$68,048.66, 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
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 Dorothea M. Lee (Deceased), Donnie E. Lee, Shawn R. Lee,
Jane Doe, John Doe, The City of Salina, Kansas, Unknown Spouse of Dorothea M. Lee 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.
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MS File No.222325.445592 KJFC
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
just.
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MS File No.222325.445592 KJFC
Respectfully submitted,
MILLSAP & SINGER, LLC
By:
Victor B. Finkelstein,#13410
vfinkelstein@msfirm.com
8900 Indian Creek Parkway, Suite 180
Overland Park, KS 66210
(913) 339-9132
(913) 339-9045 (fax)
By: /s/Aaron M. Schuckman
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.
IIIILI III 1111111 I1 IIIA VIII IIII Il 1111 VIII HI I VIII Illi IIII
MS File No.222325.445592 KJFC
EXHIBIT
•
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WARRANTY DEED Land Title Services, !nc.
(Kansas Statutory Form) T109-18790
This f 5t day of -
Robert P.Brightbill and Terry L.Brightbill,husband and wife
CONVEY(S)AND WARRANT(S)TO
Dorothea M.Lee
all the following described REAL ESTA'T'E in the County of Saline and the State of Kansas,to-wit:
Lot Twenty-three (23), Block One (1), Ltkins-Foster Addition to the City of Salina, Saline
County.Kansas
for the sum of One Dollar($1.00)and other good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,
EXCEPT AND SUBJECT TO: Easements and Restrictions of Record,If AnyAsitrAillr
err
obert P.E3righ . I
Terry L. Brig tbill
STATE OF KANSAS
COUNTY OF SALINE )SS.
BE IT REMEMBERED, That on this .2(S)' day of , 20°`, before me a Notary in and for the
County and State aforesaid,came Robert P.Brightbill and Terry Lrghtbill who is/are personally known to to
be the same person(s) who executed the within instrument of writing and such person(s) duly acknowledged the
execution of the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal,the day and year last above written.
Notary ublic IUMBERLYJ.MOWERY
Commission expires: _ arypubiic-st Of arses
Ry*# ExPirrl 3.
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EXHIBIT
•
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. MIN
MERS Telephone:
Note
FHA Case No.
April 6, 2015 Aliquippa PA
[Dare] [City] [State]
1510 Arapahoe Ave
Salina, KS 67401
[Property Address] .
1. BORROWERS PROMISE TO PAY
In return for a loan that I have received,I promise to pay U.S.$78,656.00 (this amount is called"Principal"),
plus interest to the order of the Lender.The Lender is Freedom Mortgage Corporation
I will make all payments under this Note in the form of cash,check or money order.
I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the"Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate
of 3.750%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of
this Note.
3. PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on June 1, 2015 .I will make
these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe
under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest and other items
in the order described in the Security Instrument before Principal. If,on May 1, 2045 ,I still owe amounts under this
Note,I will pay those amounts in full on that date,which is called the"Maturity Date."
I will make my monthly payments at Attn: Payment Processing, PO Box 9001719, Louisville, KY
40290-1719 or at a different place if required by the Note Holder.
(B)Amount of Monthly Payments
My monthly payment will be in the amount of U.S.$ 369.27
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
any 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.
1115
111 SY ®Note VM%R(1611)1
Wdlara Kluwer RnanOW Senka Page 1 014
•
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 Note or by making a direct payment to me.If a refund reduces Principal,the reduction will be treated as
a partial Prepayment.
6. BORROWERS 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 4.0 ON of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B)Default the lesser of $25.00 or 9.00% of the unpaid installment
* See Kansas Addendum to Note
If I do not pay the full amount of each monthly payment on the date it is due,I will be in default.
(C)Notice of Default
If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D)No Waiver By Note Holder
Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later 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.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this
Note,including the promise:o pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note is also
obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or
endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under
this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of
the amounts owed under this Note.
Fate Note 1H6
•
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Wolter;Kluwer Flrwrcial Servloa Pape 2 el 4
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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:o the
Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this
Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note.Some of those conditions are described as follows:
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:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment,ar
(ii) Borrower defaults by failing,for a period of thirty days,to perform any other obligations .
contained in this Security Instrument.
(b) Sale Without Credit Approval.Lender shall,if permitted by applicable law(including Section
341(d)of the Garp-St.Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(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:mmediate 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 date hereof,declining to insure this Security Instrumen: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.
idle Note 1/1a
9ankera atemW4 VMP® VMPIR(1411).00
Woltere K er Rnerrclel Swlw Page 3 of 4
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
/1%. (Seal) (Seal)
Dorothea M Lee -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
❑ Refer to the attached Signature Addendum for additional parties and signatures.
Loan origination organization Freedom Mortgage Corporation
NMLS ID_
Loan origins or
NMLS ID_
Pay to the order of Homeward ResldentiaLlnc.
without recourse this( _flay of20,41). •
Freedom MaFtgage Corporation pa tc the Order
V
Stanley C.Middleman ,out eec u
PresidenVChief Executive Officer By:Home
Patty-Taylor,Vice President
Fate Nota 1(15
limikeo Syot o0 VMP® VMP1R(1411).00
WoOen Kluwer Flnencal aervleek Fege 4 o14
•
•
•
LOAN#
KANSAS ADDENDUM TO NOTE
This addendum is made this 6th day of April, 2015 ,and is attached to and
made a part of the Note executed this same day.
Uniform Consumer Credit Code Provision
Borrower and Lender agree that the loan transaction evidenced by this Note is subject to the
provisions of Kansas Uniform Consumer Credit Code(K.S.A. 16a-1-101 through 16a 9-102)
applying to consumer credit transactions.
Late Charge Provision
This loan is subject to the provisions of K.S.A. 16a-1-101 through 16a 9-102.If the Note Holder
has not received the full amount of any monthly payment by the end of 15 calendar days after the
date payment is due,the Note Holder may charge a late charge. For Conventional loans,the late
charge I will pay will be the lesser of 5.00%of the payment amount or S25.00.For Government
loans,the late charge I will pay will be the lesser of 4.00%of the payment amount or$25.00.
Notice to Consumer
1) Do not sign this agreement before you read it.
2) You are entitled to a copy of this agreement
3) You may prepay the unpaid balance at any time without penalty
kvt-
Borrower Borrower
Dorothea M Lee
Borrower Borrower
•
Borrower Borrower
Borrower Borrower
•
11111111111
to Note(rev.01/11) Page 1 of 1 Cust-KS-add
t
ALLONGE
LOAN NUMBER:
BORROWER (S): Dorothea M Lee
PROPERTY ADDRESS: 1510 Arapahoe Ave
Salina, KS 67401
NOTE/LOAN AMOUNT: $78,656.00
NOTE/LOAN DATE: 4/6/2015
PAY TO THE ORDER OF:
OCWEN LOAN SERVICING, LLC
WITHOUT RECOURSE
¶ME WARD RESIDENTIAL, INC.
Jkkt/' j`inA
Valarie McDowell
Authorized Signer
•
ALLONGE
LOAN NUMBER:
BORROWER (S): Dorothea M Lee
PROPERTY ADDRESS: 1510 Arapahoe Ave
Salina, KS 67401
NOTE/LOAN AMOUNT: $78,656.00
NOTE/LOAN DATE: 4/6/2015
PAY TO THE ORDER OF:
WITHOUT RECOURSE
CWEN LOAN SERVICING, LLC
ON-) J-- 1,vi
Valarie McDowell
Authorized Signer
EXHIBIT
' �C L"•,, RE BECCr1 SEE�IAN
;a •,.ti
•
��r REGISTER OF DEEDS SALINE C V1'1'KANSAS
c�°o;�4R Book: 1295 Page: t)
Receipt#: 102247 Recording Fee:$84.00
a K;,;St•5,,`� Mortgage N:618 Mortgage Amount:$78,656,00
"""' Pages Recorded: 10 Registration'lax:$157.3111
•
.1• Rebecca f evrnafrt�
Date Recorded: 5/8/2015 9:46:06 AM
[ELECTRONICALLY FILED)
L12.f2.
11.1111111. .
Return To:Freedom Mortgage Corporation, Attn: Final Documents
P.O. Box 8001, Fishers, IN 46030-8001
B .
90Pleasant ey Avenue,Suite 3
• Mount Laurel NJ 08054
lila line For Recording Data]
MORTGAGE 11115232111111.1111
MI
THIS MORTGAGE("Security Instrument")is given on Apr i ,
The Mortgagor is Dorothea M Lee. •
('Borrower'). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc.
('MERS"),(solely as nominee for Lender,as hereinafter defined, and Lender's successors and assigns),as
mortgagee.MERS is organized and existing under the lows of Delaware,and has an address and telephone
number of P.O.Box 2026,Flint,MI 48501-2026,tel.(888)679-MERS.
Freedom Mortgage Corporation
("Lender")is organized and existing under the laws of The State of New Jersey ,and
has an address of 907 Pleasant Valley Av Ste 3, Mount Laurel, NJ 08054
.Borrnwer owes Lender the principal sum of
Seventy Eight Thousand Six Hundred Fifty Six and 00/100
Dollars(U.S.$78,656.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument(*Note"),which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
May 1, 2045 .This Security Instrument secures to Lender:(a)the repayment of the debt
evidenced by the Note, with interest,and all renewals,extensions and modifications of the Note; (h)the
a ent of all other sums, with interest, advanced under paragraph 7 to rotect the sects' of thi
I.Mortgage with MESS-4/96
Wolters Kluwer Rnancial Services
VMPe 4NIKS)(1302).00 Amended 2/01
Ppa 1 DID IMtn► `
•
Return To:Freedom Mortgage Corporation, Attn: Final Documents
P.O. Box 8001, Fishers, IN 46038-8001
907 Pleasant Valley Avenue,Suite 3
Mount Laurel,NJ 08054
:his Line For Recording DatsI
MORTGAGE 11121315
MI
THIS MORTGAGE("Security Instrument")is given on Apri
The Mortgagor is Dorothea M Lee.
("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc.
("MFRS"),(solely as nominee for Lender,as hereinafter defined, and Lender's successors and assigns),as
mortgagee. 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.
Freedom Mortgage Corporation
("Lender")is organized and existing under the laws of The State of New Jersey ,and
has an address of 907 Pleasant valley Av Ste 3, Mount Laurel, NJ 08059
. Borrower owes Lender the principal suns of
Seventy Fight Thousand Six Hundred Fifty Six and 00/100
Dollars(U.S.$78,656.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"),which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
May 1, 2045 . This Security Instrument secures to(..ender:(a)the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b)the
payment of all other sums, with interest, advanced under paragraph 7 to rotect the sccuri of this
s Mnrtgsge with MFRS-4/96
Wolters Kluwer Financial Services
VMP:8-4N(KS)(13021.00 Amended 2/01
Page 1 of 9 Imtlals� _
•
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Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS
(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of
MERS,the following described property located in Saline
County,Kansas:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Parcel ID Number:066-23-0-30-07-023 •
which has the address of 1510 Arapahoe Ave IStreeq
Salina 'City],Kansas 67901 !zip Code]
("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
casements, appurtenances and fixtures now or hereafter a part of the property. All replacements and
additions shall also he covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or
custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise
any or all of those interests, including, but not limited to, the right to foreclose and sell the Property;and
to take any action required of Lender including, but not limited to, releasing or canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands,subject to any encumbrances of record.
THIS SECURI'T'Y INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on,the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges,a
sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold
payments or ground rents on the Property, and(c)premiums for insurance required under paragraph 4. In
any year in which the Lender must pay a mortgage insurance premium to the Secretary of housing and
Urban Development ("Secretary"), or in any year in which such premium would have been required if
Lender still held the Security Instrument, each monthly payment shall also include either: (i)a sum for the
annual mortgage insurance premium to he paid by Lender to the Secretary,or(ii)a monthly charge instead
of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable
VM P®dN(KS)(1302).00 Page 2 0?9
]
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amount to be determined by the Secretary. Except for the monthly charge by the Secretary,these items arc
called"Escrow Items"and the sums paid to Lender are called"Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to
exceed the maximum amount that may he required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 12
C.F.R. Part 1024, as they stay be amended from time to time ("RESPA"), except that the cushion or
reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's
payments are available in the account may not he based on amounts due for the mortgage insurance
premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to he held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held
by (.ender at any time are not sufficient to pay the Escrow Items when due, (.ender may notify the
Borrower and require Borrower to stake up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.
If Borrower tenders to(.ender the full payment of all such sums,Borrower's account shall be credited with
the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that Lender has not become obligated to pay to the Secretary,and Lender shall promptly refund
any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by
Lender,Borrower's account shall he credited with any balance remaining for all installments for items(a),
(b),and(c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as
follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;
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.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the
Property, whether now in existence or subsequently erected, against .any hazards, casualties, and
contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in
the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the
Property, whether now in existence or subsequently erected, against loss by floods to the extent required
by the Secretary. All insurance shall he carried wills companies approved by Lender. The insurance •
policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in
a form acceptable to,Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly.
All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts
applied in the order in paragraph 3,and then to prepayment of principal,or(b)to the restoration or repair
of the damaged Property. Any aPPlication of the proceeds to the principal shall not extend or postpone the
due date of the monthly payments which are referred to in paragraph 2, or change the amount of such
payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness
under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness,all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser..
S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
r • .ithin sixty days after the execution of this Security Instrument(or withi ix days of a later
[ /
V M Ph'_4 NIKS)(1302).00 Page 3 015
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sale or transfer of the Property) 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 requirement will
cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not
commit waste or destroy,damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned
or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender(Or failed to provide Lender with
any material information)in connection with the loan evidenced by the Note, including, hut not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires
fcc title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger
in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property,or for conveyance in place
of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3,and then to prepayment of principal. Any
application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall he paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property.Borrower shall pay all
governmental or municipal charges, fines and impositions that arc not included in paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish
to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to
perform any other covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is
necessary to protect the value of the Property and Lender's rights in the Property, including payment of
taxes,hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shalt hear interest from the date of
disbursement,at the Note rate,and at the option of Lender, shall he immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or(c)secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority
• over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall
satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees.Lender may collect fees and charges authorized by the Secretary.
9. 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:
(i)Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment,or
(ii)Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
VMP1aort.00 Page aora
1
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including
Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C.
1701j-3(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 he eligible for insurance under the National Housing Act within 60 days from the
date hereof, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to insure this Security Instrument and 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.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment
in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,
to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and
reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had not required immediate payment in full. However, Lender is not required to
permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (u) 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.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or
Borrower's successor in interest. Lender shall not be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver
of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and
Borrower,subject to the provisions of paragraph 9(b). Borrower's covenants and agreements 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 under the terms of this.Security Instrument; (b) is not personally obligated to pay the suns
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without that Borrower's consent.
1111111111
VMPxdN(KS)(1a02).ss Pale 5 of e
•
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any
address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall
he deemed to have been given to Borrower or Lender when given as provided inthis paragraph.
14. Governing Law; Severability. This Security Instrument shall 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, such conflict shall not affect other provisions
of this Security Instrument or the Note which can he given effect without the conflicting provision. To this
end the provisions of this Security Instrument and the Note are declared to he severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage,
or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.
Borrower shall.promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,
or is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16,
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health,safety or environmental protection.
NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
17. 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
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (h)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 front exercising its rights under this paragraph 17.
Lender shall not he 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.
:
VMPS_4N(KS)0302)5o Page 6 or a
•
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all reasonable expenses incurred in pursuing the remedies provided in this paragraph 18,
including,but not limited In,reasonable attorney fees,to the extent allowed by applicable law.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 9, 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 el 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 Paragraph 18 or
applicable law.
•
19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this
Security Instrument without charge to Borrower.
20.waiver of Redemption. Borrower waives all rights of redemption to the extent allowed by law.
21. Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument,the covenants of each such rider shall be incorporated into
and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. [Check applicable box(es)].
Condominium Rider I I Growing Equity Rider 1 I Other[specify]
I-1 Planned Unit Development Rider I I Graduated Payment Rider
VM-302t oo P 9e r of 9
•
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security
Instrument and in any rider(s)executed by Borrower and recorded with it.
Witnesses:
e r
I/ ' /I i, i /�..r 0KJ �A�1�._i1, (Seal)
Dorothea M Lee -Borrower
(Seal)
.Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Horrowr,
U3I.00 Page Rot 0 -
STATE OF KANSAS, \r61.1.,..0—) County ss:
BE IT REMEMBERED,that on this 144`.• day ofi 1 aDjj
before me,the undersigned,a Notary Public in and for the County a d State aforesaid,personally appeared
Dorothea M Lee.
•
to me personally known to be the same person(s) who executed the above and foregoing instrument of
writing,and duly acknowledged the execution of same.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal on the day and year last
above written.
•
�
My Commission Expires9;234DL f I /A 1'1S'0. ,AI YC t
Notary Public 411
/
MARCIA L.FREEMAN MCLAUGHLIN • TyName
Notary Public
State at Kansa5_,23.:c25
s��g�q r�
My Commission Expires—�e�Q a;J
Loan origin. organization Freedom Mortgage corporation
NMLS ID
Loan origina or
NMI.S ID
VMFAL4 MKS)—1302).00 Page 9 of 9
Order No.:
Loan No.:
Exhibit A
The following described property:
Lot Twenty-three (23), Block One (1), Likins-Foster Addition to the City of Salina, Saline
County, Kansas.
Assessor's Parcel No: 086-23-0-30-07-023
EXHIBIT - REBECCA SEEM•
/_J«,,,,,_.REGISTER OF DEEDS SALINE COUNTY KANSAS
D t.:.,,::,•� Book:1437 Page: 423-423
'--,!,�.�i Receipt #: 151957 " � Recording Fee: $20.00
Pages Recorded: 1 Q,p v
Date Recorded: 4/10/2024 2:57:32 PM
When Recorded Return To:
PHH Mortgage
•
C/O Nationwide Title Clearing,LLC
2100 Alt. 19 North
Palm Harbor,FL 34683
ASSIGNMENT OF MORTGAGE
FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the
undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS
MORTGAGEE, AS NOMINEE FOR FREEDOM MORTGAGE CORPORATION, ITS SUCCESSORS
AND ASSIGNS, (ASSIGNOR), (MERS Address: P.O. Box 2026, Flint, Michigan 48501-2026) by these
presents does convey;grant,assign,transfer and set over the described Mortgage with all liens,and any rights due
or to become due thereon to PHH MORTGAGE CORPORATION, A NEW JERSEY CORPORATION,
WHOSE ADDRESS IS 5720 PREMIER PARK DRIVE, WEST PALM BEACH, FL 33407 (800)449-8767,
ITS SUCCESSORS AND ASSIGNS,(ASSIGNEE).
Said Mortgage is dated 04/06/2015, was executed by DOROTHEA M. LEE to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR FREEDOM MORTGAGE
CORPORATION, ITS SUCCESSORS AND ASSIGNS, and was recorded on 05/08/20I5 in Jlook 1295 and
Page 1987 of the records of the Register of Deeds for SALINE County,Kansas.
THE FOLLOWING DESCRIBED PROPERTY: LOT TWENTY-THREE (23), BLOCK ONE (I),
LIKINS-FOSTR ADDITION TO THE CITY OF SALINA,SALINE COUNTY,KANSAS.
Dated on / S /2024(MM/DD/YYYY).
MORTGAGEELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS
NOMINEE FOR/ FREEDOM MORTGAGE CORPORATION,ITS SUCCESSORS AND ASSIGNS
By C�`%if.e .—
Susan Hicks
VICE PRESIDENT
All persons whose signatures appear above have qualified authority to sign and have reviewed this document and
supporting documentation prior to signing.
STATE OF FLORIDA COUNTY OF PINELLAS
The foregoing instru lent s acknowledged before me by means of [XJ physical presence or [ J online
notarization on / '/2024 (MM/DD/YYYY), by Susan Hicks as VICE PRESIDENT of MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS MORTGAGEE, AS NOMINEE FOR
FREEDOM ORTGAGE CORPORATION, ITS SUCCESSORS AND ASSIGNS, who, as such VICE
PRESID ' .eing authorized to do so, executed the foregoing instrument for the purposes therein contained.
He/ he/t (arc)p song y known to me.
_ :.41::-., NOTARY PUBLIC
'r. STATE OF FLORIDA
Vic', cCoy/ =.3:i41'.:'.`t � COMM#HH 328470
Notary Public STATE OF FlIPFDA '' EXPIRES:12/18/2026
Commission expires: I2/18/2026
PH HO. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.(MERS)
OCWEN-NV LER MI NEIMERS Mailing Address: P.O.
Box 2026,Flint,MI 48501-2026 DOCK C-1 FRMKSI
•
abseja
'
EXHIBIT
E..- - -- :._a
Deed Book pe Paii0
Deed for Kansas - Joint Tenants FHA CASE NO: 918-01590-, 1E11-065002-203
THIS INDENTURE, Made May 19, 1-97' , between GEORGE ROMNEY
Secretary of Housing and Urban Development, of Washington, D. C., acting by
and through the Federal Housing Commissioner, party of the first part, and
LARRY S. MINNICFI AND KATHLEEN A, MINNICH, HUSBAND AND WIFE,
parties of the second part;
WITNESSETH That the said party of the first part, for and in considera-
tion of the sum of ONE DOLLAR ($1.00) and other valuable considerations, the
receipt of which is hereby acknowledged, has Sold and by these presents does
grant, convey and confirm unto the said parties of the second part, as joint
tenants, and not as tenants in common, with the express.right of survivorship,
all of the following described real estate Situated in the County of Saline
State of•Kansas, to wit:
Lot 23, Block 1, Linins-Foster Addition, Saline County, Kansas
i
I I1
BEING the same'property acquired by the party of the first part pursuant
to the provisions of the National Housing Act, as amended (12 USC 1701 et seq.) !,
and the Department of Housing and Urban Development Act. (79 Stat. 667). Ir
TO HAVE AND TO HOLD THE SAME, unto the said parties of the second part, as I'
joint tenants and not as tenants in common, with the express right of surVivor-
ship, together with all and singular the tenements, hereditaments and appur-
tenances thereunto
ppur-tenances. thereunto belonging or in anywise appertaining forever. yTy1U"?r` • 1;
SUBJECT TO ALL-covenants, restrictions, reservations, easements, °,.
and rights appearing of' record; and, SUBJECT to any state of facts an accurate ,-
survey would shrew,
AND THE SAID PARTY of the first part, for himself, his successors and as-
signs, does hereby covenant and agree to and with the said parties of the F'
second pert, that at the time of the execution and delivery of these presents
he is lawfully seized of said premises, that he has good right and lawful au-
thority to convey the same, and does hereby covenant to'WARRANT and DEFEND
the said premises against the lawful claims of all persons claiming by,through
and under the said party of the first part. ,.
r%
IN WITNESS WHEREOF the undersigned on this 19th day of May, 1971 i,
has set his hand and seal as Field Office Assistant To The Direcrb'r. , FHA i;
Field Office, Topeka, Kansas, for and on behalf of the said Secretary of
Housing and Urban Development, under authority and by virtue of the Code of
Federal Regulations, Title 24, Chapter II, Part, 200, Subpart h. a
"Witnesses: GEORGE ROMNEY
I.[' Secretary of Housing and Urban Development
KAl2Gr1ItFT MCGINNIS By: Fede Horsing^Co loner
/sa,ode r7r.•s'" c r ldC l✓��-
.x AWE STE1NBOCIC BY L�Y j (SEAL)
JCN F. PATTIE
Field 0 Lice AsS"'S'YANr TO THE?, DIRECTOR
,1 FHA Field Office, Topeka, Kansas 1'.
STATE OF KANSAS ss d
COUNTY OF SHAWNEE a
oBe it remembered, that on ray 19, 1971 , before me, the under- p
P signed, a Notary Public in and for the County of Shawnee, elate of Kansas, 0i
personally appeared John F. Pattie , who is personally well known
T to me andknown to me to be the duly appointed Field OfficeAssistant To The Director
FHA Field Office, Topeka, Kansas, and the person who executed the foregoing
t instrument, bearing date of May 19, 1971 , by virtue of the authority
a vestedoatn,,him by the Code of Federal Regulations, Title 24, Chapter II,Part
2.0d1 .,8bb % D, and duly acknowledged the execution of same as Field Office „ti r,
tot '. 4 -Director , for and on behalf of' GEORGE ROMNEY RO 1
iv s �`' I - using and Urban Development.
m carina• s:,whereof, I have hereunto set my'hand and Notarial Seal on the
-.4'an yeah ci6ove written.
r
/1 "-. m $1,01Tikzpires 3-29-74 t'•-,�.c,a C t\� 0 4 rn..c.Q,1.or+..
�f �^ Notary Public, County of Shawnee, State
- li4'.'.110'1,\•\,k Turosa I. Debacker of Kansas
�,:44lif ltitl
•
•
Deed Book A.?c, PAge 7e)
•
STATE OF KANSAS
COUNTY OF SALINE s: ' •
FILED FOR RECORD IN MY OFFICE
ON M,GY 271971 AT
J,i/,,.O'CLOCKtM.AND L RECtIRDEO
jpy�0 . 7 QE.rn�_AT PACE-a7- if
(IQal� 'tr)71 REG,OF DEE.!;::
Ratnr'.]Iq'PrduMlK Tietunl to mY nC[sce,ti1+.• ••S�`•^
�.�r L11 ...
•
•
••
f 1�
Deed Book 90 P,l~ o
•
I
EXI_I Irani Title Services,too. ryry •
t?Rf NT iftl. CY WARRANTY DEED(Following Kansas Statutory Warranty''rocm) Dent 0. 4'L...,, Py, 49Pei
1
F<_ This 25th day of Aufuat , 19 93
-Y Kathleen A. Dinkel (fka Kathleen A. liinnich) and Edward Dinkel,
_p ° wife and husband
CONVEY AND WAPRANT, To
E d r
e I• Kathleen A. Dinkel ((Ica Kathleen A. Minnich) and Edward Dinkel, ••
-o wife and husband
oc o, it JOINT TENANTS and not as tenants in cornmon, with full rights of survivorship, the whale
go,
tv vest ir, the survivor in the event of the death of either, all the following described REAL ,
,` ESTATE in the County of Saline ''
o and the State of Kansas, to-wit: t .
c
u''�;b,��'", " `Sd Lot Twenty-Three (23). Block One (1), LAKINS-FOSTER
• ;' s'Z•.7. ADDITION to the City of Salina, Saline County, Kansas.
i C1 '�
:ham
No Certificate of Value Required, Statute KSA 1991 Supp. 79-1437e, as
t. amended by Senate 11i11 595, new Section (9)
•
for the sum of One ($1.00)- - - - and no/LOQ Dollars and other valuable considerations
• EXCEPT AND SUBJECT TO: Easements and restrictions of record, if any
s
ie•a•C#u..0 41, 0i. a'?.31,Ad5
Kathleen A. Dinkel (fka Kathleen A.
il STATE OF KANSAS, SALINE COUNTY, ss Mlnnieh)
BE IT REMEMBERED,That on this25th day aftlft .11,; r
A.D. 19 93 before me, the undersigned,a notary public • warr Di. t;�
in and for the County and Slate aforesaid, came -- .
•
Kathleen A. Dinkel (fka Kathleen A. 1llinnich)
and Edward Rinkel. wife and husband STATE OF. ..j.11..-,„..a..4.4./1 -
• ( ) ss.(l1.1
4.1„ County. .
This instrument was filed for record on the
40...a/day of __,t dt i .A.D., 19�,
,' whoa,ra personally known to me to he the sane persons who atl A.TP o'clock 4.
4' M. and duly
recorded
executed the within instrctnent of writing and such person__ duly in book 3�7 of ../> 4 --�-
erf.ncrwfcdged the execution of the same. ,
at page�2--• .
IN WITNE:SS'Wf4EREOE, I have hereunto set my hand and affixed
my seat, the day and year last above written r , ./ a,„
I/ I �^ Register of Deeds.
., l.//)".4. ), C,,6Y7�lr'c f
Linda C. Andrew Notary Public. 0 . Deputy.
term eKpiies _.
November 16 17 9& tees, 1.0
'" 'ifNart a.nrl0tEw �.
4, - .N yp.•, e
- "•1po1Kama* Land Title Services, Inc.
L
--
TnTNT'TENANCI[jifjER&d, "T f arapsa ajaftStatutoryWarrantyForm)TheCW Lynn Abstract Company,Inc. Otaee&t7'°A,.. P9„„ 7
COMPANY, INC.
• 121 N. 7th
S;:ins, Knps to 874C1
tt q —
,,{ This 8th day'of February,1999,Edward Dinkel and Kathleen A.Dinkel.husband and wife CONVEY
a
AND WARRANT TO Robert P.Brightbill and Terry L.Brightbill,husband and nife as JOINT TENANTS
and not as tenants in common,with full rights of survivorship,the whole estate to Vest in the survivor in the event
o u
�t,trrrre„ of the death of either,di the following described REAL ESTATE in the County of Saline and the State of Kansas.
ro �fir•' ,.
P ' �2 _
°� EXHIBIT
:
...,
_
G
I rryHrf 4r,4OH*,taw
C
Lot Twr ntv three(23),Block One(1),Llkins-Fnster Addition to the City of Salina,Saline County, Kansas
for the sum of One and 401100 DOLLAR and other valuable consideration.
EXCEPT AND SUBJECT TO:EASENttENTS.RESERVATIONS AND RESTRICTIONS OF RECORD
Jt
Dam 8tti day of February, 1999
E�wardD' I
t.
Kathleen A.Dinkel ;
STATE OF KANSAS,Saline COUNTY,ss
• RE IT REMEMBERED,That on this t 2. day of -e-h• ,199 q ,before me.the undersigned,a Notary Public in
and for the County and State aforesaid,came
Edward Dinkel and Kathleen A. Dinkel, husband and wife who are
personally known to me to be the same persons who executed the within STATE OFA a-._ )
instrument of writing,and such persons duiy acknowledged the execution of the
sante. )$s'N
County,)
IN WITNESS WHEREOF,Ihave hereunto set myhand and affiz,:dnrmyofficial Thta instrttoes"fited for record on the
seal on the day and year last above written.
o�,gizday A.D., '!99?'
/'. ,
at o•ctcck „l_4., and duty recorded
in books' oft-./?
Page
Notary Pu`t c / *Or -_ Rey ater o t:
I AIME HAYDEN
Tenn expires: �R T NorAT£p�c �ARY tt Deputy.
g
,TIUI'.�nt ST
frets, S6
,•T•a:''.t't•17 1.,t-aF-.T,-= b'rfrlritr aZ.TrZar°''4.'"i7Wre er7NEW•'t"tro, wticfr'it4;" 1.1fMndo."''AkrVirPV G intY