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DANIEL M. HORRIGAN 2111 0 SEP I 0 P~il2: if 4

SUMMIT COUNTl CLERK OF COUFiTS

COURT OF COMMON PLEAS

201032331 (sa)

SUMMIT COUNTY, OHIO

~. . iOl0 09 6184

: Case No.

I

GMAC Mortgage, LLC 1100 Virginia Drive

Fort Washington, PA 19034

Plaintiff

I COMPLAINT IN FORECLOSURE

I ~--

vs.

Michael Pickard aka Michael S.

Permanent Parcel No. 1902753

Pickard

174 Polonia Avenue Akron, OH 44319

Angela Difiore aka Angela M Difiore

2890 Wigeon Way Apt 309 Akron, OH 44319

John Doe, name unknown, spouse of Angela Difiore aka Angela M. Difiore

2890 Wigeon Way Apt 309 Akron, OH 44319

Defendants

COMPLAINT

COUNT ONE

1. Plaintiff is the holder of a note, a copy of which is

attached hereto as Exhibit 'A'. By reason of default under the

11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111

LSR20103233IDI57P1300C9

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terms of the note and the mortgage securing same, plaintiff has declared the debt evidenced by said note due, and there is due thereon from the defendants, Michael Pickard aka Michael S. Pickard and Angela Difiore aka Angela M Difiore, $123,361.60, together with interest at the rate of 6.0000% per year from March 1, 2010, and as may be subsequently adjusted pursuant to the terms of the Note, plus court costs, advances, and other charges, as allowed by law.

COUNT TWO

2. Plaintiff incorporates the allegations of Count One and further states that the aforesaid note is secured by a mortgage, a copy of which is attached hereto as Exhibit 'B', and that said mortgage constitutes a valid first lien upon the real estate described therein.

3. The mortgage was filed for record on January 14, 2009, in Volume 55595280, of the county recorder's records and it was

assigned to the plaintiff herein.

The conditions of defeasance

contained therein have been broken; plaintiff has complied with all conditions precedent; and plaintiff is entitled to have said mortgage foreclosed. A copy of said Assignment is attached hereto as Exhibi t' C' .

4. Plaintiff says that the defendant, John Doe, name unknown, spouse of Angela Difiore aka Angela M. Difiore, may claim an interest in the subject property as the current spouse

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of the defendant-titleholder, Angela Difiore aka Angela M.

Difiore. Plaintiff states that it cannot currently discover the

real name of said defendant.

WHEREFORE, plaintiff prays for judgment against defendants,

Michael Pickard aka Michael S. Pickard and Angela Difiore aka

Angela M Difiore, in the amount of $123,361.60, together with

interest at the rate of 6.0000% per year from March I, 2010, and

as may be subsequently adjusted pursuant to the terms of the Note,

plus court costs, advances, and other charges, as allowed by law;

that plaintiff's mortgage be adjudged a valid first lien upon the

real estate described herein,

and that said mortgage be

foreclosed; that said real property may be ordered sold, and that

plaintiff be paid out of the proceeds of such sale; for such other

relief, legal and equitable, as may be proper and necessary; and

that all the other defendants herein be required to set up their

liens or interests

T ial Counsel Reg. #0081798 ROTHFUSS Attorneys for GMAC Mortgage, LLC P.O. Box 5480

Cincinnati, OH 45201-5480 (513) 241-3100

(513) 241-4094 Fax

(877) 661-7891 Toll Free Fax (Fax) attyemail@lsrlaw.com

asserting same.

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Multlstate

NOTE

412-6067930-703

December 23~d, 200e Loan ff: 2807B93

[Dcre]

2847 N. BENDER AVE, AKRON, OM 44319 Il'rllprrl" AJ.!r~.~J

I. PARnt:S

"Borrower" m .... ans each person signing at the end uf this ~o'e. and the person's successors and assigns, "Lender" means BI~MINGiiAM BMi:CORP r~OR'NAGE CORPORATION

and its successors and assigns,

2, ROKKOWt:R'S PRO:\IISt: TO P,"'; I~TERt:ST

In Mum for a loan r,\:~iwJ trom LCII&:r, l3Qrrllwer promises 10 pay the principal sum of O:1e Hundred Twe!'lty Five Thousand One Hund:-ed S1xt}' Four and nO/100.

Dollars (1.;.5, S 125,164.00 ), pins interest, to the order or Lender, Interest will be charged on unpaid principal.

from the date of disbursement or the loan proceeds by Lender, at the rate of Six

percent f 6 . 000 %) PCI' ~'e31 unri I th~ full :U1IOUnt of principal h:LS been pard,

3. PROMISE TO P,W St:Cl'IU:U

Borrower' s promise to pay is secured by a mortgage, d~'I.'I.I of trust or similar securiry instrument that is dated rhe same dale :.IS this Note :lJld called the "Security Instrumcm. II The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note.

4. MANNI::N. 0 ... fA \'!\1[~T

tA) Tlme

llorrulwf ~h:11I make a payment loll' prilll'ipal and interest to Lender on the first day uf each month beginning lin

Feb~'u8 ty 1st 2009. Any principal and imerest remaining 011 the first ,Jay of January

;: 039 , will he due on that dare, which is called the "Maturity Date."

(8) Plat!.'

Paymeru shall bc madc at 6230 ORCHARD LAKE: ROAD SUl'l'E 280, WE:ST BLOOfolFTELD, m ~B322

ur at ~1.I\!h place as Lender mJY designate in wriling

by notice III Borrower. (C) Amount

Each monthly paymem vI' principal lind interest will be in the amount of U.S. S 750.43. This nmount

Will be part ofa larger monthly paym~nt required by the Security Instrument, trull shall be applied to principal, interest und other items in the order described in the Security Instrument,

(I) AllulIl!c 10 Ibis Nutf for payment adjustments

If an allonge providing fur payment adjustllll.'llts is executed by Borrower tOY('lher with this NOll', the COVCn311ts of rhe allonge shall be inccrporatcd into and shall amend WId supplement the covenants of this NOlI: as if the allonge were a part of Ihi~ Note. [Check applicable box]

O('r:lduat.:d P:1YIRl'nl Allungl' Dr,mwing Equity AII~tflgl' OOthl:r [specify] 5. BORROWf.R'S RIGIIT TO PREPA v

Borrower has the right Iv pay the: debt evidenced by this Sote. in whole or in pan, without charge or penalty, on the first day "I' any month. Lender shall accept prepayment on other U;')'S provided that Borrower pays interest on the amount prepaid tor the rem .. in d cr of the month to the: I:,~lcnt required by Lender ~11\1 permitted by regulations of the Secretary. If Borrower makes" partial prepayment, there will be nil changes in the due dare or in the amount of the monthly payment unless Lender agrees in wriling \" th"sc changes.

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6. R()JjRmIER's F,\ILl:IU: TO fA v

?A) Late Charge for Overdue Pa)ment~

If Lemler has not received the full monthly pa)'IlI~~t required by Ihl: Security Instrument. as described in Paragraph 41 C) Ilf Ihis ~l)h'. by t he ~nd of !ifl~'l:n c:l'~lldar iliIys aft~r the paymenl ill due, Lender may cullcct a Ii"e charge in Ihc lI1110unl uf Four percent ( 4. 000 %) of the: overdue amoum of each payment. (HI IMault

If Borrower defaults by falling to pay in full any monthly payment, then Lender 11111)", except as limited by n:guJalions of Ihe Secretary ill the' case of payment dl'r.,uhs, require immediate payment in full of the principal balance rcmainmg due and ;)11 accrued interest. Lender may choose not to exercise this option without waiving its rights in the even; of any subsequent dCf.1I1It. In many circumstances regulations issued by the Secretary will limit Lender' 5 righls to require immediate payment in full in Ihe !:;ISC of payl\\~n\ d.:f;ml\s. Thi s Nutl: ~\\'I!S not <luthor;zt al:~ckr~\i\)n ..... hen not permiued by Ht;D rcgul:.llions, A.s used in this Nair, "Secretary" means the Secretary-of Housing and lirban Development or his or her designee.

(e) Paym~nf or COifs lind F.xptrtses

If Lender has required inunediarc peymcru in I\JlI, :IS described obove, Lender m:ly require Borrower to pay costs and expenses in!:luJing reasonable and customary attorneys' fees for enflln:ing thi> Note to the extent not prohibited by applicable law, Such fees and costs shal) bear interest Irorn rho dOll' lIf disbursement m the same rare us the principal \)1' this Note.

7. WAI\'[RS

Borrower and any other person who has obligaiions under tfns r-;ole waive the rights uf prescnrrnenr ami notice (It' dishonor. "Presentment' means the right to require Lender to demand payment 'If amounts due. "\'/oti,,\) of dishonor" means the right 10 rt'4UIfI:: l.cnder to give notice to other persons thai amounts due have nut been paid.

K. G'\,I~G Of NOTICES

L1J1"'.~s :ll'plkabll' law requires a different method, any notice that must be J,:ivl'ttlo Borrower under this NOI~ will be given b~ lielivering it er by m~iling It by first class m;.lil \,1 Homlwcr at the I1Ttlpcny address ahove or at a dincrct1t uddress if Uorruwcr has given l.endcr a notice of Borrower's different address.

Any notice thai must be given I~' Lender under thi~ Note will Me l;jVCR by first class n13il to Lender ar fhc address stated in [>ar:lgrnph .t(1l) or at 0 diOt'rclII 3ddrC's~ if Borruwcr is given 3 nonec of that different address.

9, OBLIGATIONS OF PERSONS U~I)ER THIS ~OI'E

If more than UIII! person signs this NOlc, each person is fully and ~rsonall)" obligated to keep all of the promises made in this Note, includieg the promise to pay the full amount owed. Any person who is a guarantor, surelY or endorser of this ~')t~ is also IIblig,llt'd tu do thl'Sl,' things. Any person whit lakes over these obligations, including till: obligations of a guaranrer, surety or endorser of'rhis Note, is also obligated to keep nil of the promises mud" in Ihis I':utc. Lender may enforce its rights under this Note ag:linst C:t~h person individually or ugoinst ull signatories together, Anyone person signing this ~ole may be required to ray ,Ill of lhe amounts owed under this Not" .

• " :~;70W' 7~7~ ts ar ><1 azrces 10 the terms anu c '.,."'":-

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MICHAEL ?rCI'".A~() -Ueorru .... cr

PAYTOlHfOURCJ

(Scal)

________________ (Sc~1)

.. UurfLJ\\l'f

'MlHOIJT RECOURSE

B~NGIWt\IWICOI' tGtGAGE ~ac

~o:r1'-

Amber Pratt) (I~

__________________ (~ea\)

(Scali

_______________ (Scal)

-fioITO wer

•

________________ (Sc .. l)

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(PAge 2 of 10)

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does hereby mortgage, grant and convey 10 MERS (solely as nominee for Lender and Lender's SUCCCSlOU a.ru1 assigns) and to the successors and assigns of MERS. the followin!: described property located in

Sunun1 t County, Ohio:

LAND SIrUTATED IN THE TOWNSHIP OC COVENTRY, COUNTY OF SUMMIT, STATE OF OHIO AND DESCRIBBD AS FOLLOWS:

SHE ATTACHMENT FOR LEGAL DESCRIPTION.

Parcel 10 Number: 1902753 which has tbe address of AKRON

2847 N. BENDER AVE ICilYl. Ohio 44319

[Slrcell [Zip Codel ("Property Address"):

TOGETHER WITH all the improvements now or hl:feaner erected 00 the property. and all easements, appurt<''IIanCC$ and fixNtrs now or hereafter a part of the property. All replacements and additions shall also be covered by tbis Security Instrument. All of the foregoing is referred 10 in lhi, Security III$Irumcnt as the "Property." Borrower Wl«rSlands and agrees that MERS holda only legal title to !he interests grllOted by Borrower in this Security In!llnlrnent; but, if necessary to comply with law or custom. MERS, (as nominee for Lender and Lalder's successors and assisns), 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 Ihis Security Instrument.

BORROWER COVENANTS that Borrower is lawfully sclled of the estate hereby conveyed and has the right to mortgage, grDnt lind convey the Property end that the Property is unencumbered, CKCept 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.

TillS SECURITY INSTRUMENT combines uniform co\'enant~ for notional 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:

UNIFOR.'d COVENANTS.

I. Payment of Principal, Jnfert3t and Late Charge. Borrower shall pay when due the principal of. and interest un, the debt evidenced by the Note lind late charges dUI: under the ~ote.

2. Monthly Paymenl of Taxet, Insuranee and Other Chllges. Borrower shull include in each monlhly payment, together with the principal and interest as seC forth in the Note and lilly latc charges, a sum for (a) taxes and special assessments levied or to be levied IISa.inst the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under pal1lgraph 4. In any year in which the Lender must pay II mortgage insurance premium 10 the Secretary of Housing and Urban Development ("Secretary"), or in any yellt in which such premium would have been required if Lender still held the Security Instrument, each monthly paymen1 shall also include either: (iJ a sum for the annual mortgage insurance premium to be paid by Lender 10 the Secretary, or (ii) II monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. ~xcept for the monthly charge by the Secretary, these

items arc called "Escrow Items" and the sums paid to Lender ere called "Escrow Funds." . jJrr)

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(Pago 3 of 10)

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Lender may, at any time, collect and hold &I1lOWlIS for Escrow Items in an aggrcplc amount not to exceed the mMimum amount that may be requited for Borrower', escrow account under the Real Estate Settlement Procedures Act of 1974. 12 U.S.C. Section 2601 e/ seq. and implementins regulations. 24 CFR Part 3500. as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESfJA for unanticipated disbursements or disbursements before the Borrower' $ payments life available in the account may not be based on amounts due for the mortgage insurance premium.

If the amounts held by Lender for Escrow Items e~cccd tbe amounts permitted to be held by RESPA, Leader shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as pcnnined by RESPA.

The ES4.TOW Ftmds arc pledged as addilional security for iii! sums secured by this Security Instrument. If Harrower renders to Lender the full payment of all such sums, Borrower' s eccount shall be credited with the balance remaining for all installment items (a). (b). and (c) and any mortgage insurance premium installmcntthat Lender has not become obligated to pay to Ihe Secretary, and Lender shall promptly refund any excess funds 10 Borrower. Immediately prior to a foreclosure SIIle of the Propttty or its acquisition by Lender, Burrowcr's account shall be credited with any balance remaining for all installments for items (a), (b). and (c).

3. Application of hyment •. All payments under paragraphs I and 2 shall be: applied by Lender as follows: f.iu1. 10 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;

~. to any taxes, special assessments, Ic.'lschold payments or ground rents. and fire. flood and other hazard

insurance premiums, as required;

!hi!9, 10 interest due under the Note;

Fourth, til amortization of the principal or the Note;. and Fifth, to late charges tiU1: under Ihe Note.

4. FIre. flood and Other Hazard Inlut'llnee. Borrower Shall insure all improvements on the Property. whether now in existence or subsequently erected, against any hazards, casualties, aad comingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amowtts and for the periods that Lender requires. Borrower shall also Insure 1111 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 be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable

clauses in fovor of. and in II form acceptable to, Lender, .

In the event of loss. Borrower sholl give I.ender immediate notice by mail. Lender may make proof of loss ifnot made promptly by Borrower. Each insurance company concerned is hereby authoriled and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any patt of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of me indebtedness under the Note and this Securuy Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) (IJ 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 10 pay all nutstanding indebtedness under the Note and thi~ Security Instrument shall be paid to the entity legally entitled thereto.

In the event of foreclosure of this Security Instrument or other trdll$rer 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.

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I~NII~II~llmm~"~I~1 ~~~~~~,

John A DonofriO, S~~it ~isc~1 Orfic.~ 92.00

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S, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loin Applicadon; Ltasebolds. Borrower shall occupy, establish, and usc the Property 11., Borrower's principal residence within sixty days after tbe execution of this Security Instrument (or within sixty days of D later sale or transfer of the Properly) and shall continue to occupy the Properly as Borrower'! principal residence (or at Icast one year after the date of occupancy. WIles! Lender determines that requirement will cause undue hardship for Borrower, UJ unlc:ss extenuating circumslanocs exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circwnstanc:es. Borrower .shall not conunit 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 OJ abandoned or the loan is in default. Lender may take reasonable action to protect and preserve sueh vacant or abandoned Property, Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or slateml.:nls to Lender (or faillld to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property lIS a principal residence. If this Security lnst~m~t is on 8 leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee 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 ccndemnauon, are hereby Il5signed and shall' be paid to Lender to the extent of the full amount 'of the indebtedneliS that remains unpaid under the NOle and this Security Instrument. l.ender shall apply such proceeds to the reduction of the indebtedness under the Notc lind this Security Instrument, first to Illy delinquent amounts u ppli~ 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 du~ date of the monthly payments, which lire referred to in paragraph 2, or change the cunounl of such payments. Any excess proceeds over an amount required to pay .111 ouutanding indebtedness under the Notr: and this Scalrity Instrument shoJI be paid to the: CRtity legally entitled thereto.

7; Cbargrs to Borrower and Protection or Lmdcr's RighlJ in the Property. Borrower shall pay all governmental or mWlicipal ctwges, fines and impOS'itiol\$ that are Dot included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. Jf failure to pay would adversely affect Lender's interest in the Property, upun Lender's request Borrower shall promptly furnish' to Lender receipts evidencing th(.'ic payments.

If Borrower fails to make these payments or the payments required by pW'agraph 2. or fails to perform any orher COVCll3llts WId agreements contained in this Security Instrument, or there is a legal proceeding that may signifiC6l\tly 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 an<! Lender' 5 rights in the Property. including payment of taxes, h0rd insurance and other items mentioned in paragraph 2.

Any amounts disbursed by Lender under this poragraph shall become an additional debt of Borrower arut be secured by Ihis Security lnstrumellt. These amounts shall bear interest from the date of disbursement, 01 the Note rate, and al the option of Lender, shall be immedialely duc and payable.

Borrower shall promptly discharge uny lien ..... hich has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the ubligution secured by the lien in D manner acceptable to Lender; (b) contests in gaud faith the lien by, or defends agorinst enforcement of the lien in, legal proceedings which in the Le:nd~'T' s opinion operate to prevent the enforcement of the lien; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien 10 this Socuriry Inseument, If Lender determines that any part

., the Pro"", " su bjec to , lien wh'do may M~'" .,''''iOY over this Securit ''''"'::' E' "'f1Y rO

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Borrower a notice identifying tbe lien. Borrower shall satisfy the lien or talce one or more of the actions SCI forth above within 10 days uf the giving of notice.

S. Fees. Lender may collect fees and charges IlUthorizcd by the Secretary.

9. Ground. for Acceleradon of Debt.

(a) Default. Lender may. except as limhN by regulations issued by the Scadar)" in the case of payment defauJts, require immediate payment in full of all $Urns seeured 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 defaulls by failing, for 8 period of thirty days, to perform any other obligations conrained in this Security Instrument.

(b) Sale Without Credit Approval. Lender shall, if permiued by applicable law (including Secuon 341 (d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 170Ij-3(d» and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security InstrulllC1lt if:

(i) All or part of the Property. nr a beneficial interest in a trust owning all or part of the Propcny. is sold or otherwise transferred (other than by devise or descent). and

(ii) The Property i~ not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does $0 occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary.

«') ~o Walvfr. If circumstMccS occur thai would permit Lender to require immediate payment in fun, bun Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulaffons of HUI> Se~retary. 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 1'101 permitted by regulations

or the Secretary, .

(e) Mortgage (liot Inlurrd. Borrower agrees that if Ihis Security Instrument and the Note are 1'101 determined to be eligible for insurance under the National Housing Act within 60 days from the dote hereof, Lender may, at hs option, require immediate payment in full of 1111 sum, secured by this Security Instrument. A written statemenr of any authorized ligen! of the Secretary dilled subsequent to 60 days from the date hereof, dcclining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Nutwithstanding the for~Qing, this option may not be exercised by Lender when the unllvQil~bility of insurance is solely due to Lender' 5 failure to remit a mongagc insurance premium to the Secretary.

10. Reinstatement. Borrower has a rillhl 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 tbls 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 Burrower' 5 ncccun: current including. to the extent they Me obligations of Borrower under this Security Instrument, foreclosure <:05t5 and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower. this Security Insnumentand the obligations that it secures shall remain in effecl es if Lender had not required immediate payment in full. However. Lender is not required to permit reinstntemen! if: (i) iA.'Ildcr has accepted reinstatement after the commencement IIf foreclosure proceedings within two years immedilltely preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future. or (iii)

reinstatement will adversely affect the: rriorily or the lien created by this Security Instrument. ~

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I I, Borrower Net. Released; Forbearance By Lender Not a Waiver. E"lension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any sUCQCSsor in interest of Borrower shull not operate 10 release the liability of Ihe original Borrower or Borrower's successor in interest. Lmder shall nol be required to commence proceedings aglin51 any successor in inlCrcst or refuse to extend lime: for paymenl or otherwise modify amortization of the sums secured by this Security Insmllnent by reason uf 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 II WAiver of or preclude the exercise of any right or remedy.

11. SU«e1IlOn and Assllns Bound; Joint and Sevenl Liability; Co-SliDer .. 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' 5 covenants III1d agreements shall be joint and several. Any Borrower who co-signs this ~urilY Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage. grtmt and convey that Borrower', interest in the Pmpe"y under tho terms of this Security lnstrument; (b) is not personally obligated to pay the sums secured by this Sec~ity Instrumeru; and (c) agrees that Lender and any other Borrower may agree to clIlend. modify. forbClll or mike any accommodations with regard to the terms of this Sceurity Instrument or the Note without that Borrower's consent.

13, Notices. Any notice to Borrower provided for in this Security I.nstnunect sball be given by delivering il 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 chw mail 10 Lender's address stated herein or any address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be decmoo to have been given to Borrower or Lender when Biven as provided in this paragraph.

14. (;overnlag Lawj SeverllblUty. 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 Instrumellt or the NOle conflicts with applicable law, such conflict shall Dot affect uther provisions of this Security Instrument or the t\ote which CIUl be given effect wilhout the conflicting provision, To this end the provisions of this Security

Instrument and the Note lire declared to be seversble. . .

15. Borrower'. Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.

16. Hlnrdou. Subs.an« •. Borrower shall nOI cause or pennit the presence, usc, disposal, storage, or release of any Hazardous Substances on or in the Properly. Borrower shall not do, nor allow anyone else 10 do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the: presence, usc, or storage on the Property of small quantities of Hazardous Substances thot ore generally rccogmzed to be approprhl1c to normal residential uses and to maintenance of tbe Property.

Borrower shall promptly give Lender written notice of any investigation, clalm, demand. lawsui' or other action by allY governmental or rCl,'Ulatory agency or private party involving the Property and any Hazardous Substance: or environmental Law of which Borrower has actual knowledge, rr Borrower learns, or is notified by an)' governmental or regulatory authority, that any removal or other remediation of any Hazardou., Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.

As used in this paragraph t6, "H;uardou5 Substances" IU'c those substances defined as toxic or hazardous suhstances by Environmental Law and the following substances: gasoline. kerosene, other f1anunabl~ or to"ic petroleum products, toxic pesticides and herbicides, volatile SOlvCI1ts, materials containing asbestos or forrnaldehydc. and radioactive materials. ,\$ used in this paragraph 16. "f.nyironmental Law" means federal laws and Jaws of the jurisdiction where the Property is located (hat relate to health, safety or environmental protection. 1m

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vMpto-4N(OH) (04D51 Dl P09. e .r. 1

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NON-UNIFORM COVENANTS. Borrower and Lender further covenalll and agree as follows:

17. Alsignmenl of Renta. Borrower unconditionally assigns and transfer, 10 Lender all Ihe rents and revenues of the Propeny. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs c:ach tenant of the Property to pay the rents to lender or lender's agents, However, prior to Lender's notice to Burrower of Borrower's breach of any covenant or agreement in the S«urity Instrument, Borrower shall collect and receive all rents and revenues of tlll: Property as trustee for the benefit of Lender and Borrower. Thi5 assignment of rents constitutes an absolute ossignment and not un lUSignmcnt for additiolllll security only.

If Lender giv~ notice of breach 10 Borrower: (a) all rents received by Borrower sball be held by Borrower as trustee for benefit of Lender only. to be applied to the surns secured by the Security Instrument; (b) Lender shall be entitled 10 collect and receive all of ihe rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid 10 Lender or Lender' 5 D!,'eII1 on Lender' 5 wrinen demand to the tenant.

Borrower has not execured any prior a~'Signmcnt of ihe rents and has not and will not perform uny act thllt would prevent Lender from exercising its rights under this paragraph 17.

Lender shall not be required to enter upon. take conlrol of or maintain the Property before: or after giving notice of breRCh 10 Borrower. However. Lender or a judicially appointed receiver may do so at any time there is 11 breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignmenl of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full,

IR. Foreclosure Procedure. If Lender require. Immediate payment In full under par.~raph !I, Lendrr may foreclose Ihls .s~rlly Instrument by Judicial proceeding. Leader shall be entitled to collect all expenSfl Incurred In punuiae the remedies provided in this paragraph IB, including, but not limited to, COIh of title

evidence. . .

If tbe Lender's Interest In thh Security Instrument Is held by the Seeretar)' and the Seeretary requires immediate payment In lUll under ran,nph !I, the Sead8r)' may Invoke the 'nonjudlcial POWfT or sale provided In the Single Family 1\1011&11:1: Foreclosure Act or 1994 ("Act'') (12 U.S.C. 37S1 er seq.) by requcstlng I roreelosure commissioner de$lgnated under the Aet to commence roreclosuN! Bnd to Iell the Property a. provided In tbe Act. Nothing In the preeediog sentence shall deprive the SCfretary or lOY riebt. 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 discharge thill Security Instrument wilhl)ut chlVge to Borrower, Borrower shall pay any recordation costs.

20. Advances to Protect SfCUr1ty. This Security Instrument shall secure the unpaid balance of advances made by Lender. with respect to the Property, for the payment of taxes, assessments. insurance premiums IU'Id costs incurred for the protection of the Property.

21. Ridn'1 to Ihi. Security IUitrumt'nt. If one or more riders are executed by Borrower and recorded togetber 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 II.'J if the rider(5) were a part of this Security Instrument. [Check applicablc bOll(es»).

B Condominium Rider

Planned Unit Development Rider

o Growing Equity Rider

o GradualCd Payment Rider

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BY SIGNING BELOW, Borrower a'CCI>ls and agrees to the terms contained in this Security Instrument and in any ridcr(s) CII~ut~ by Borrower and recorded with il.

Witnesses:

_____________ (Seal) -Borrower

_____________ (Seal)

.Borro"~,

_____________ (ScaJ)

·DorIO"".'

VMP II~ N(OH) 1~405)ol

MICHAEL PICKARD

-Borrower

-_..::::~~~Y...::.4\------ (Selll)

·BorrowCl

_____________ (SCal) -Borrower

_____________ (Scal)

·Borro ..... r

_~ (Seal)

-Berrower

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EXHIBIT A - LEGAL DESCRIPTION

Tax 10 Number(s): 1902753

Land situated in the Township of Coventry in the County of Summit in the State of OH Known as being Lot No. 75 In the LAKEWOOD HEIGHTS SUB-OMSION NO.2, recorded In Plat Book 32, Pages 76 to 78, Summit County Records of Plata.

Commonly known as: 2847 N Bender Ave, Akron, OH 44319

Imal.IIII.11

.U90-424022.

137i 1/8/2009 75361285/1

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LS&R No.: 201032331

ASSIGNMENT OF MORTGAGE

KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Mortgage Electronic Registration Systems, Inc., as nominee for Birmingham Bancorp Mortgage Corporation, its successors and assigns, whose address is 3300 SW 34th Ave., Suite 101, Ocala, FL 34474, does hereby assign to GMAC Mortgage, LLC, whose address is 1100 Virginia Drive, Fort Washington, PA 19034, all of its interest in that certain mortgage from Michael Pickard, a single man and Angela Difiore, a single woman, to Mortgage Electronic Registration Systems, Inc., as nominee for Birmingham Bancorp Mortgage Corporation, its successors and assigns, dated December 23,2008, recorded January 14, 2009, in Instrument No. 55595280, in the office of the Summit County Recorder, and secured by the following real estate:

LEGAL DESCRIPTION

LAND SITUATED IN THE TOWNSHIP OF COVENTRY, IN THE COUNTY OF SUMMIT, IN THE STATE OF OHIO:

KNOWN AS BEING LOT NO. 75 IN THE LAKEWOOD HEIGHTS SUB-DIVISION NO. 2, RECORDED IN PLAT BOOK 32, PAGES 76 TO 78, SUMMIT COUNTY RECORDS OF PLATS.

PROPERTY ADDRESS: 2847 NORTH BENDER AVENUE, AKRON, OH 44319

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IN WITNESS WHEREOF, Mortgage Electronic Registration Systems, Inc., as nominee for Birmingham Bancorp Mortgage Corporation, its successors and assigns has set its hand on the date set forth below.

Mortgage Electronic Registration Systems, Inc., as nominee for Birmingham Bancorp Mortgage Corporation, its successors and assigns

STATE OF

P,A.

SS.

COUNTYOF~~~~~~

Slate c:r ~\~A~ before, me personally appeared ,

\j \Qe. mc;.,doot , personally known to me (or proved to me on the asis 0 satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

This instrument was prepared by; LERNER, SAMPSON & ROTHFUSS A Legal Professional Association' P.O. Box 5480

Cincinnati, OH 4520 }·5480

Notary Public COMMONWE.\L

My Commission Expires' Nor=~SYLVANIA

Cindy A Stewan, Notary Pub!' Upper Dublin Twp, MOlItgomety cou~~ '1l.commis!iol1 expire, October 19, 2013