Answer of the Defendant McGinnis, Barbara (USAKS)
From: ks efile_noreply@kscourts.org
Sent: Thursday, August I,2024 8:54 AM
To: Keller, Russell (USAKS)
Cc: McGinnis, Barbara(USAKS)
Subject: [EXTERNAL] Received Notice: Your filing, Re: SA-2024-CV-000143 -CV Mortgage Foreclosure,was
received
To: Russell J Keller (russell.keller@usdoj.gov)
From: ks_efile_noreply@kscourts.org
Date: 08-01-2024 08:53:26 AM
Subject: Your electronic filing, Re: SA-2024-CV-000143 -CV Mortgage Foreclosure, was received by DISTRICT
COURTS.
Case Number: SA-2024-CV-000143
Case Type: CV Mortgage Foreclosure
Document Type: PLE: Answer
1
IN THE DISTRICT COURT OF SALINE COUNTY, KANSAS
PENNYMAC LOAN SERVICES,LLC,
Plaintiff,
vs. Case No. SA-2024-CV-000143
JENNIFER M. LUCIO, et al.,
Defendants.
ANSWER OF THE DEFENDANT UNITED STATES OF AMERICA ON BEHALF OF THE
UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
Defendant United States of America. on behalf of the United States Department of
Housing & Urban Development, by and through Kate E. Brubacher, United States Attorney for
the District of Kansas, and Russell J. Keller, Assistant United States Attorney, for its answer to
the Plaintiffs Petition, represents the following.
1. Defendant United States of America, on behalf of the United States Department
of Housing & Urban Development (HUD), is without sufficient knowledge or information to
form a belief as to the truth of the allegations contained therein, except as to the interest of the
gp
United States, and so denies the same until proven.
2. Defendant United States of America admits that it claims some right, title, interest
or lien in, on or to the real property by virtue of a mortgage executed by Defendant Jennifer M.
Lucio, a/k/a Jennifer Mari Lucio and recorded in the Office of the Register of Deeds of Saline
County, Kansas, on April 25, 2023, in Book 1424 at Page 929-933, which states it secures a debt
in the sum of$23,645.08, bearing no interest. A copy of this Mortgage and Promissory Note are
attached as Exhibits A and B
3. Defendant United States of America admits that it claims some right, title. interest
or lien in, on or to the real property by virtue of a mortgage executed by Defendant Jennifer M.
Lucio, a/k/a Jennifer Mari Lucio and recorded in the Office of the Register of Deeds of Saline
County, Kansas, on January 24, 2024, in Book 1434 at Page 1152-1 156, which states it secures a
debt in the sum of $14,957.12, bearing no interest. A copy of this Mortgage and Promissory
Note are attached as Exhibits C and D.
4. The Certificate of Indebtedness for the total of both mortgages is attached as
Exhibit E.
5. Defendant United States of America does not retain redemption rights in
connection with the subject real property.
WHEREFORE, Defendant United States of America respectfully requests that its right,
title, interest or lien be recognized as a valid and existing interest against the property that is the
subject of this action and that the proper priority be established and the proceeds of the judicial
sale be shared accordingly.
IT IS FURTHER requested that the sale of the premises described in the Petition be a
judicial sale and that the Defendant United States of America be given actual notice of the time
and place of any judicial sale conducted as a result of these proceedings.
2
Respectfully submitted,
KATE E. BRUBACHER
United States Attorney
District of Kansas
/s/ Russell J. Keller
RUSSELL J. KELLER
Assistant United States Attorney
Ks. S.Ct. No. 22564
290 Federal Bldg.
444 SE Quincy Street
Topeka, Kansas 66683
PH: (785) 295-2850
FX: (785) 295-2853
Email: russell.keller@usdoj.gov
Attorneys for the Defendant United States
CERTIFICATE OF SERVICE
I certify that on August 1, 2024, the foregoing was electronically uploaded with the
Clerk of Saline County District Court, Salina, Kansas, with the approved district court electronic
filing system, which will send a notice of electronic filing to the following:
Dwayne A. Duncan
dduncan@msfirm.com
Attorney for Plaintiff PennyMac Loan Services,LLC
I further certify that on August 1, 2024, the foregoing document and the notice
of electronic filing were properly addressed to the following non-CM/ECF participant(s)
and deposited in a United States Post Office Box with postage duly prepaid thereon.
Jennifer M.Lucio,a/k/a Jennifer Mari Lucio
602 Ralph Avenue
Salina.KS 67401
Pro Se Defendant
John Doe
602 Ralph Avenue
Salina,KS 67401
Pro Se Defendant
Jane Doe
602 Ralph Avenue
Salina,KS 67401
Pro Se Defendant
3
City of Salina
300 West Ash Street
Salina,KS 67401
Pro Se Defendant
Federal Home Loan Bank of Topeka
P.O.Box 176
Topeka,KS 66601-0176
Pro Se Defendant
/s/ Russell J. Keller
RUSSELL J. KELLER
Assistant United States Attorney
4
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REBECCA SEEMAN
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.,„..,,,.,REGISTER REGISTER OF DEEDS SALINE COUNTY KANSAS
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ti ..o<«3;; Book:_1424 Page:_929-933_
Receipt #: 146797 C'isi v Recording Fee: $89.00
Z Pages Recorded:5 Mortgage Amount: $23,645.08
Date Recorded: 4/25/2023 9:55:21 AM
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After recording please return to:
SERVICELINK
ATTN:LOAN MODIFICATION SOLUTIONS
3220 EL CAMINO REAL
IRVINE,CA 92602
[Space Above This Line For Recording Data]
�� O I-2:2--TLD q LOAN NO.:8-18955366
Investor Case No. 181-3266043 1
KANSAS MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on March 28, 2023. The Mortgagor is JENNIFER M.
LUCIO
Whose address is 602 RALPH AVENUE,SALINA,KS 67401
("Borrower"). 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. $23,645.08). 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, 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 HERETO AND MADE A PART HEREOF:
which has the address of 602 RALPH AVENUE,SALINA,KS 67401,("Property Address");
Kansas Mortgage-Single Family
Page 1 of S 19028KS 06/19
111111 11111 1111111111 11111 11111 11111 1111 1 11111 11111 1111 1111
Exhibit A
-
1•'
• t Book 1424 Page: 930
p 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
to covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property."
N 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 or record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant agree as follows:
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
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.
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 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 may agree to extend,
modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note
without that Borrower's consent.
4. 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: Department 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 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 be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
Kansas Mortgage-Single Family
Page 2 of 5 19028KS 06/19
1111111111 111111111111111 1111 11111 11111 11111 111 1111 1111
0 Book 1424 931
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6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
O Instrument.
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NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
O
w 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
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 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;
(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 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 party 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 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
of this Mortgage,of any default under the superior encumbrance and of any sale or other foreclosure action.
Kansas Mortgage-Single Family
Page 3 of 5 19028KS 06/19
1 11111111111 HIE 11111 11111 11111 111 11111 11111 Ell 1111 II II
mk 3424 Page: 932
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Z —NOTICE TO CONSUMER—
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w 1. Do not sign this agreement before you read it.
o 2. You are entitled to a copy of this agreement.
IV 3. You may prepay the unpaid balance at any time without penalty.
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BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and' y Rider executed by orrower and recorded with it. L�
(16–(.. 2' Date: 1 / j /
Borrower -JENNIFER M. UCIO
ACKNOWLEDGMENT
State of /6 (' §
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County of � c §
This instrument was acimowledged before me on AP(�(t( I I l/" by JENNIFER
M.LUCIO. ii
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Signature/ of Person Taking Acknowle ginent
Notary Public-State of Kansas i/ � ,/7 �( � e/25-7DANIEL RPrinted Name
®• •® My Appt.Exp.xp• 1/....-2.9_,.. eq. kkec
Title or Rank
(Seal) My Appointment Expires: Y-2'2—_2 ?,
Loan Originator Organization:PennyMac Loan Services,LLC,NMLSR ID:35953
Individual Loan Originator's Name NMLSR ID:N/A
Kansas Mortgage-Single Family
Page 4 of 5 19028KS 06/19
111111111111 111111111111111 11111 11111 11111 11111 11111 11111111
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Book 1424 Page: 933
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EXHIBIT A
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N BORROWER(S):JENNIFER M.LUCIO
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C.+.1 LOAN NUMBER:8-18955366
LEGAL DESCRIPTION:
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. APN 085-087-25-0-10-09-009.00-0
Parcel ID Number:087-25-0-10-09-009
ALSO KNOWN AS:602 RALPH AVENUE,SALINA,KS 67401
Kansas Mortgage-Single Family
Page 5 of 5 19028KS 06/19
11111 11111 11111 11111 11111 11111 131 11111 11111 11111 1111 Illi
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ORIGINAL
a LOAN NO.: 8-18955366
c FHA Case#: 181-3266043
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KANSAS NOTE
(Secondary Lien)
March 28,2023 SALINA KANSAS
[Date] [City] [State]
602 RALPH AVENUE,SALINA,KS 67401
[Property Address]
1.PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and
assigns. "Secretary" means the Secretary of Housing and Urban Development and its successors and
assigns.
2.BORROWER'S PROMISE TO PAY
In return for a loan received from Lender, Borrower promises to pay the principal sum of
Twenty Three Thousand Six Hundred Forty Five and 08/100ths Dollars (U.S. $23,645.08), to the
order of the Lender.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument
that is dated the same date as this Note and called the "Security Instrument." The Security Instrument
protects the Lender from losses,which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
The amount in Section 2 is due when any one of the following occurs first:
(i)June 1,2048,the maturity date of the primary loan guaranteed under the
Section 184A program;
(ii)Borrower's full prepayment of all amounts due under the primary Note and
related mortgage, deed of trust, or similar security instrument insured by the Secretary;
(iii)The primary Note and related mortgage, deed of trust, or similar security
instrument are no longer insured by the Secretary; or
(iv)When the property is no longer occupied by the Borrower.
KansasPartial ClaimNote—Single Family—Secondary Lien
Page 1 of 3 49330KS 06/19
I 11111111111 111111111111111 11111 11111 11111 11111 11111 11111111
Exhibit B
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(B)Method
0 Payment shall be made electronically through the Pay.gov portal (www.pay.gov)for the
c benefit of the U.S. Department of Housing and Urban Development, Office of Native
American Programs, (https://www.pay.gov/public/form/start/39404959).
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5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge
or penalty. If Borrower makes a partial prepayment, there will be no changes in the due date or in the
amount of the monthly payment unless Lender agrees in writing to those changes.
6. WAIVERS BY BORROWER
Borrower and any other person who has obligations under this Note waive the rights of
presentment and notice of dishonor. "Presentment" means the right to require Lender to demand
payment of amounts due. "Notice of dishonor"means the right to require Lender to give notice to other
persons that amounts due have not been paid.
7. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all
of the promises made in this Note, including the promise to pay the full amount owed. Any person who
is a guarantor, surety or endorser of this Note is also obligated to do these things.Any person who takes
over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note
against each person individually or against all signatories together. Any one person signing this Note
may be required to pay all the amounts owed under this Note.
KansasPartial ClaimNote—Single Family—Secondary Lien
Page 2 of 3 49330KS 06/19
I 111111 11111 11111 11111 11111 11111111111111111111111111111111
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NOTICE TO CONSUMER:
1. Do not sign this paper before you read it.
a 2. You are entitled to a copy of this paper.
c 3. You may prepay the unpaid balance at any time without penalty and may be entitled to
w receive a refund of unearned charges in accordance with law.
BY SI G BELOW, Borrower accepts and agrees to the tuns and covenants contained in
this Note. ` '
Date: `�t / I /
Borrower -JENNIFER M.LUCIO
Loan Originator Organization:PennyMac Loan Services,LLC,NMLSR ID:35953
Individual Loan Originator's Name NMLSR ID:N/A
KansasPartial ClaimNote—Single Family—Secondary Lien
Page 3 of 3 49330KS 06/19
11111111111 11111111111111 11111 1111111111 11111 11111 111111
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-1'IIIIIIII1111I11I IIII111111IIIIIII1111111111IIII IIIII IIIIIIIIII1IIII1111I11111(I
REBECCA SEEMAN
ITIS ,:„, ,, \\ REGISTER OF DEEDS SALINE COUNTY KANSAS
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-: Book 1434 Page: 1152-1
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Receipt #: 150736 , Recording Fee: $89.00
Z , '. Pages Recorded:5 Mortgage Amount: $14,957.12
Date Recorded: 1/24/2024 10:59:43 AM
3
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After recording please return to:
SERVICELINK
ATTN:LOAN MODIFICATION SOLUTIONS •
3220 EL CAMINO REAL
IRVINE,CA 92602
—[Space Above This Line For Recording Data)_
Investor Case No.181-3266043
2_ r)1221( LOAN NO.: 8-18955366
KANSAS MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on December 13, 2023. The Mortgagor is JENNIFER M.
LUCIO
Whose address is 602 RALPH AVENUE,SALINA,KS 67401
("Borrower"). 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
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 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,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 HERETO AND MADE APART HEREOF:
which has the address of 602 RALPH AVENUE,SALINA, 67401,("Property Address");
•
Kansas Mortgage-Single Family
Page 1 of 5 19028KS 06/19
111111111111 11111 11111IIIII 11111 11111 11111 11111 11111 1111 IHI
Exhibit C
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k,: 14a4 Page: 1153
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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. All of the foregoing is referred to in this Security Instrument as the"Property."
o 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 or record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use.and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant agree as follows:
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
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.
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 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 may agree to extend,
modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note
without that Borrower's consent.
4. Notices.Any notice to Borrower provided for in tl.is 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: Department 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 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 be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
Kansas Mortgage-Single Faintly
Page 2 of 5 19028KS 06/19
111111 11111 11111 11111 1111 IIIII 11111 1111 1111
1
0 Book 1434 Page: 1154
•
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6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
CO Instrument.
Z
N
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
N 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
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 Secretary under this paragraph,of.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;
(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 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 party 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 NOTf,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 a lien
which has priority over this Security Instrument to give notice to Lender, at Lender's address set forth on page one
of this Mortgage,of any default under the superior encumbrance and of any sale or other foreclosure action.
•
Kansas Mortgage-Single Family
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Z —NOTICE TO CONSUMER-
0
N 1. Do not sign this agreement before you read it.
(a 2. You are entitled to a copy of this agreement.
G3. You may prepay the unpaid balance at any time without penalty.
N
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and' Zider executed by Borrower/nd recorded with it.
/
Date:
AP 1 / 3 / 2
Borrower - ENNIFER M.LUCIO
ACKNOWLEDGMENT
State of ‘ G..N 56--S §
�G-(;t�PJ §
County of §
This instrument was acknowledged before me on `J a L+ by JENNIFER
M.LUCIO.
4-2-1/1112 . ..iij -
Signature of Person Taking Ac nowledgment
Notary Public-State of Kansas Pam` 0- L , Pk:
PAMELA L.PICKIPrinted Name
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MVP' My Appt.Exp.Jc� t�-c9r (/
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Title or Rank
(Seal) My Appointment Expires: 1 l'--,,g,Dio D.:7
Loan Originator Organization: PennyMac Loan Services,LLC,NMLSR ID:35953
Individual Loan Originator's Name NMLSR ID: N/A
Kansas Mortgage-Single Family
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Book 1434 Page: 1156
EXHIBIT A
O
BORROWER(S):JENNIFER M.LUCIO
LOAN NUMBER:8-18955366
LEGAL DESCRIPTION:
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:087-25-0-10-09-009.00
ALSO KNOWN AS:602 RALPH AVENUE,SALINA,KS 67401
Kansas Mortgage-Single Family
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Z LOAN NO.: 8-18955366
FHA Case#: 181-3266043
N
N KANSAS NOTE
(Secondary Lien)
December 13,2023 SALINA KANSAS
[Date] [City] [State]
602 RALPH AVENUE, SALINA,KS 67401
[Property Address]
1.PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and
assigns. "Secretary" means the Secretary of Housing and Urban Development and its successors and
assigns.
2.BORROWER'S PROMISE TO PAY
In return for a loan received from Lender, Borrower promises to pay the principal sum of
Fourteen Thousand Nine Hundred Fifty Seven and 12/100ths Dollars (U.S. $14,957.12), to the order
of the Lender.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument
that is dated the same date as this Note and called the "Security Instrument." The Security Instrument
protects the Lender from losses,which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A)Time
On,June 1,2048 or, if earlier,when the first of the following events occurs:
(i) Borrower has paid in full all amounts due under the primary Note and related
mortgage, deed of trust or similar Security Instruments insured by the Secretary,
or
(ii) The maturity date of the primary Note has been accelerated, or
KansasPartial ClaimNote—Single Family—Secondary Lien
Page 1 of 3 49330KS 06/19
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Exhibit D
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(iii) The primary Note and related mortgage, deed of trust or similar Security
Instrument are no longer insured by the Secretary.
(B)Place
Payment shall be made at the Office of Housing FHA-Comptroller, Director of Mortgage
Insurance Accounting and Servicing,451 Seventh Street, SW,Washington,DC 20410 or any
such other place as Lender may designate in writing by notice to Borrower.
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge
or penalty. If Borrower makes a partial prepayment, there will be no changes in the due date or in the
amount of the monthly payment unless Lender agrees in writing to those changes.
6. WAIVERS BY BORROWER
Borrower and any other person who has obligations under this Note waive the rights of
presentment and notice of dishonor. "Presentment"
means the q
right to require Lender to demand
g
payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other
persons that amounts due have not been paid.
7. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all
of the promises made in this Note, including the promise to pay the full amount owed. Any person who
is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes
over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note
against each person individually or against all signatories together. Any one person signing this Note
may be required to pay all the amounts owed under this Note.
KansasPartial ClaimNote—Single Family—Secondary Lien
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NOTICE TO CONSUMER:
1. Do not sign this paper before you read it.
2. You are entitled to a copy of this paper.
N 3. You may prepay the unpaid balance at any time without penalty and may be entitled to
N receive a refund of unearned charges in accordance with law.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenantscontained in
this Note.
Date: I / / 2 i�
Borrower N IFER M.LUCIO
Loan Originator Organization:PennyMac Loan Services,LLC,NMLSR ID:35953
Individual Loan Originator's Name NMLSR ID:N/A
KansasPartial ClaimNote—Single Family—Secondary Lien
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111111111111 11111111111111 11111 11111 131 11111 11111 11111111
ISN
U.S.DEPT.OF 1-IOUSING&URBAN DEVELOPMENT
CERTIFICATE OF INDEBTEDNESS
(PARTIAL CLAIM)
Date: 07/11/2024
Memorandum to: AUSA
Debtor's Name:JENNIFER M LUCIO
FHA Case No.: 181-3266043 Amount of Loan: $38,602.20
This indebtedness arose in connection with a loan made on the debtor's behalf by the Secretary of Housing and Urban
Development pursuant to the Federal Housing Administration's loss mitigation procedures for mortgage insurance(12
U.S.0 1701,et seq.,National Housing Act as amended by Section 407 of the Balanced Budget Downpayment Act 1 of
1996).Specifically,such loan was provided under 12 U.S.0 1715(u)(a)which allows payment by the Secretary to the
lender of a"Partial Claim"to cure a default by the debtors in payments due under a prior(or primary)mortgage insured
by F.H.A..24 C.F.R.203.371 and other relevant regulation specify the procedures for payment of such a partial claim and
provide for repayment by the debtors of any amounts loaned on their behalf as a partial claim.This repayment obligation
is represented by a promissory note and is secured by a subordinate mortgage or deed of trust. (See also Mortgagee
Letter 96-61 issued November 12, 1996,and forms for the note and security instrument promulgated via Mortgagee
Letter 97-17 issued May 1, 1997.)
I certify that there is$38,602.20 due on this account;bearing no interest,and payable according to its terms upon the first
occurrence of(1)payment in full or other cancellation or satisfaction of the primary mortgage;(2)the security property
ceases to be the debtor's primary residence;(3)cancellation of the mortgage insurance by F.H.A.on the primary
mortgage;or(4)acceleration of the primary mortgage. The above recited amount is currently due and no payments or
other credits have been accepted or otherwise accrued that have not been posted to this account.
I / TRAVIS LANE
ISN Corporation as Attorney-in-Fact for the Secretary of the U.S.Department of Housing
and Urban Development
STATE OF OKLAHOMA )
)SS.
COUNTY OF OKLAHOMA )
Acknowledged before me this Thursday,July 11,2024,Travis Lane,ISN Corporation,the Attorney-in-Fact for the
Secretary of the U.S.Department of Housing and Urban Development under authority and by virtue of a limited power of
attorney.
�) I I a� ' NOTq
My Commission Expires: ,� .JIOMPSON
SEAL
NOTARY
F'uy„c.-' STATEENNFER OKLAHOMA
Commission 11 2400 21 3 1F OKLAHOMA
Expires 02PUBLIC/14/28
of •public
ISN Corporation—Western Operations Center
2000 N Classen Blvd,Suite 3200
Oklahoma City,OK 73106
roti gree: r-si±-Jt —li LU
www.isncoro.com
Exhibit E