William Mark Payton
Bankruptcy Court Docket Sheet

Northern District of Alabama (Bankruptcy)

2:2015-bk-02001 (alnb)

Renewed Motion for Relief from Stay (related documents [51] Motion for Relief from Stay filed by WELLS FARGO BANK, N.A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET) Per Order Entered 04/08/2016 Filed by Creditor Wells Fargo Bank, N.A., As Servicing Agent For U.S. Bank National Association, As Trustee, For Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Se

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DIVISION OF ALABAMA SOUTHERN DIVISION In Re: Case No: 15 - 02001 - TOM William Mark Payton SSN: XXX - XX - 6301 Chapter: | 13 Debtor RENEWED MOTION FOR RELIEF FROM STAY PER ORDER ENTERED 04 / 08 / 2016 COMES NOW, WELLS FARGO BANK, N. A ., AS SERVICING AGENT FORU.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET - BACKED PASS THROUGH CERTIFICATES, SERIES 2006 - EMX4 (hereinafter " Creditor"), by and through its undersigned counsel of record, Sirote & Permutt, P. C ., and pursuant to this Court's Order dated,, requests this Honorable Court to schedule a hearing on its Motion for Relief from Automatic Stay. As grounds for said renewed Motion for Relief from Automatic Stay said Creditor shows the Court that the Debtor has failed to make the payments mandated by this Court's Order. Debtor (s) executed a promissory note secured by a mortgage or deed of trust. The promissory note is either made payable to Creditor or has been duly indorsed. Creditor, directly or through an agent, has possession of the promissory note. Creditor is the original mortgagee or beneficiary or the assignee of the mortgage or deed of trust. / s / Thomas G. Tutten, Jr. Thomas G. Tutten, Jr. (TUT - 003) Diane Murray (MUR - 048) VÉnslen Crowe (CRO - 098) G. Attorney for Creditor OF COUNSEL: Thomas G. Tutten, Jr. Sirote & Permutt, P. C. 2311 Highland Avenue South Birmingham, Alabama 35205 Telephone: 205 - 930 - 5325 / Fax: 205 - 212 - 3820 ttutten @ sirote. com Case 15 - 02001 - TOM13 Doc 69 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Main Document Page 1 of 6 CERTIFICATE OF SERVICE I hereby certify in accordance with Fed. R. Bankr. P. 4001 (a), 9014, and 7004 that a copy of the above and foregoing pleading was mailed, first class postage prepaid to the following: William Mark Payton 4672 Rosser Loop Drive Bessemer, AL 35022 and served via electronic case management to: Bradford W. Botes 600 University Park Place Suite 510 Birmingham, AL 35209 ecfbirmingham @ bondnbotes. com Bradford W. Caraway Chapter 13 Standing Trustee PO Box 10848 Birmingham, AL 35202 - 0848 ctmail @ ch13bham. com ao ICA On this the L6 day of, 2018. / s / Thomas G. Tutten, Jr. OF COUNSEL Case 15 - 02001 - TOM13 Doc 69 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Main Document Page 2 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In Re: Case No: 15 - 02001 - TOM William Mark Payton SSN: XXX - XX - 6301 Debtor ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY FILED BY WELLS FARGO BANK, N. A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FORU.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET BACKED PASS - THROUGH CERTIFICATES, SERIES 2006 - EMX4 This matter coming before the Court on the Motion for Relief from Automatic Stay filed by WELLS FARGO BANK, N. A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FORU.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET - BACKED PASS - THROUGH CERTIFICATES, SERIES 2006 - EMX4 (hereinafter " Creditor"), and this Court being informed of the agreement of the parties hereto, it is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. The Creditor shall file a claim for the post - petition mortgage arrearage through April 2016. The arrearage to be put into the plan is as follows: 3 payments @ $ 804. 42 for 01 / 16 to 03 / 16: $ 2, 413. 26 1 payment @ $ 802. 25 for 04 / 16: $ 802. 25 Less Suspense: ($ 794. 92) Total: $ 2, 420. 59 The Creditor is awarded a fixed monthly payment of $ 62. 00 to be paid at an interest rate of 8. 1 % 3. The Debtor's plan payments are increased to $ 800. 00 per month effective immediately. The Motion for Relief from Stay filed by WELLS FARGO BANK, N. A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FORU.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET - BACKED PASS - THROUGH CERTIFICATES, SERIES 2006 - EMX4 is hereby conditionally denied. However, should the Debtor default under the mortgage agreement between parties beginning May 2016, the Creditor has a right to request a rehearing on the Motion for Relief from Stay. Done this the 8th day of April, 2016. / s / Tamara 0. Mitchell Tamara O. Mitchell United States Bankruptcy Judge This document was prepared by: Thomas G. Tutten, Jr ., Esquire Sirote & Permutt, P. C. P. O. Box 55887 Birmingham, Alabama 35255 - 5887 Telephone: 205 - 930 - 5325 Version 1. 1 Case 15 - 02001 - TOM13 Doc 57 Filed 04 / 08 / 16 Entered 04 / 08 / 16 11: 53: 54 Desc Main Document Page 1 of 1 Case 15 - 02001 - TOM13 Doc 69 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Main Document Page 3 of 6 STATE OF South Carolina COUNTY OF York AFFIDAVIT BEFORE ME, the undersigned, Notary Public, personally appeared Ken Khounlivong, who is known to me and after being by me first duly sworn, deposes and says the following: My individual responsibility is to administer Wells Fargo Bank, N. A ., as servicing agent forU.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset - Backed Pass Through Certificates, Series 2006 - EMX4 mortgage loans in bankruptcy. Specifically, this includes monitoring loan payments. I hereby certify and state that said records were made in the regular course of business, and that it was in the regular course of said office for such records to be made at the time of the events, transactions, or occurrences to which they refer or within a reasonable time thereafter. Based on my review of said records, I have personal knowledge of this mortgage loan and hereby state the following: 1. Debtor: Bankruptcy Case No: 3. Property Description: 2. William Mark Payton 15 - 02001 - TOM - 13 804 Delta Street Bessemer, AL 35020 Delinquent Status as of 01 / 11 / 18: 5 payments of $ 800. 10 each for 09 / 01 / 17 through 01 / 01 / 18 Suspense Total $ 4, 000. 50 ($ 208. 54) $ 3, 791. 96 The facts stated herein are true. In verification of the same, I subscribed my signature hereto. Sworn to by me on this 22nd day of January 2018. Ken hom L / m Ken Khounlivong Vice President Loan Documentation Wells Fargo Bank, N. A as servicer forU.S. Bank National Association, as Trustee, for Residential Asset Securities Corporation, Home Equity Mortgage Asset Backed Pass - Through Certificates, Series 2006 - EMX4 State of South Carolina County of York Sworn / affirmed to and subscribed before me on this 22nd day of January, 2018. Personally known [ ] or produced identification [ x ] . Type of identification produced Driver's License. Canthug Neng (Signature of Notary Public) My commission expires Cynthia Solano State Of South Carolina My Commission Expires July 28, 2027 27 Notary seal Case 15 - 02001 - TOM13 Doc 69 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Main Document Page 4 of 6 Debtor name: WILLIAM MARK PAYTON Post Classified Petition Payment Date Funds Due Date Amount Duel Received Transaction Amount Received Classified Total Amount Applied Date Funds Applied 8 / 19 / 2015 $ 1, 608. 84 6 / 1 / 2015 7 / 1 / 2015 $ 804, 42 $ 804. 42 8 / 2012015 8 / 20 / 2015 $ 813. 92 $ 794. 92 Weener 10 / 30 / 2015 $ 1, 608. 84 11 / 21 / 2015 8 / 1 / 2015 9 / 1 / 2015 $ 804, 42 $ 804, 42 $ 813. 92 $ 794. 92 11 / 2 / 2015 $ 794. 92 12 / 31 / 2015 1 / 29 / 2016 $ 804. 42 10 / 1 / 2015 $ 804. 42 2 / 2 / 2016 $ 804. 42 2 / 29 / 2016 $ 804, 42 11 / 1 / 2015 $ 804. 42 3 / 1 / 2016 $ 804. 42 3 / 31 / 2016 $ 804, 42 12 / 1 / 2015 $ 804. 42 4 / 1 / 2016 $ 804. 42 4 / 12 / 2016 (S638. 90) 4 / 12 / 2016 $ 156. 02 Debtor Suspense Balance $ 0. 00 $ 1, 608. 84 $ 1, 608. 84 $ 0. 00 $ 0. 00 $ 1, 608. 84 $ 0. 00 $ 0. 00 $ 794. 92 $ 1, 599. 34 $ 794, 92 $ 1, 599. 34 $ 794. 92 $ 1, 599. 34 $ 794. 92 $ 156. 02 $ 0. 00 $ 64. 83 $ 0. 00 $ 802. 25 $ 802. 25 $ 0. 00 $ 804. 42 $ 2. 17 S804, 42 $ 2. 17 $ 804. 42 $ 2. 17 $ 806. 59 $ 4. 34 $ 806. 59 $ 4. 34 $ 806. 59 S4. 34 $ 806. 59 $ 4. 34 4 / 15 / 2016 $ 64. 83 2 FEELSESSELJE JE, GLERI 4 / 15 / 2016 $ 64. 83 S / 17 / 2016 S802. 25 5 / 1 / 2016 $ 802. 25 5 / 18 / 2016 $ 802. 25 6 / 30 / 2016 $ 804, 42 6 / 1 / 2016 $ 802. 25 7 / 1 / 2016 $ 802. 25 8 / 3 / 2016 $ 802. 25 7 / 1 / 2016 $ 802. 25 8 / 4 / 2016 $ 802. 25 9 / 2 / 2016 $ 802. 25 8 / 1 / 2016 $ 802. 25 9 / 6 / 2016 $ 802. 25 9 / 30 / 2016 $ 804. 42 9 / 1 / 2016 $ 802. 25 10 / 3 / 2016 $ 802. 25 11 / 3 / 2016 $ 802. 25 10 / 1 / 2016 $ 802. 25 11 / 4 / 2016 $ 802. 25 12 / 2 / 2016 $ 802. 25 11 / 1 / 2016 $ 802. 25 12 / 5 / 2016 $ 802. 25 12 / 30 / 2016 $ 802. 25 12 / 1 / 2016 $ 802. 25 1 / 4 / 2017 $ 802. 25 Case Number: 1502001 Page 1 of 2 Case 15 - 02001 - TOM13 Doc 69 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Main Document Page 5 of 6 Debtor name: WILLIAM MARK PAYTON | Classified Total Date Funds Amount Applied Applied Post Classified Petition Payment | Date Funds Due Date Amount Due Received 2 / 3 / 2017 1 / 1 / 2017 $ 802. 25 3 / 3 / 2017 2 / 1 / 2017 $ 802. 25 Transaction Amount Received $ 802. 25 2 / 6 / 2017 $ 802. 25 $ 802. 25 3 / 6 / 2017 $ 802. 25 4 / 3 / 2017 $ 802. 25 3 / 1 / 2017 $ 802. 25 4 / 4 / 2017 $ 802. 25 Debtor Suspense Balance $ 806. 59 $ 4. 34 $ 806. 59 $ 4. 34 S806. 59 $ 4. 34 $ 1, 004. 34 $ 204. 24 $ 1, 004. 34 $ 204. 24 $ 1, 004. 34 $ 204, 24 $ 1, 808. 74 $ 1, 008. 64 $ 208. 54 5 / 3 / 2017 $ 1, 000. 00 4 / 1 / 2017 S800. 10 5 / 4 / 2017 $ 800. 10 6 / 16 / 2017 $ 800. 10 5 / 1 / 2017 $ 800. 10 6 / 19 / 2017 $ 800. 10 7 / 31 / 2017 $ 800. 10 6 / 1 / 2017 $ 800. 10 8 / 1 / 2017 $ 800. 10 9 / 1 / 2017 $ 1, 604. 50 7 / 1 / 2017 9 / 5 / 2017 9 / 512017 $ 800. 10 $ 800. 10 8 / 1 / 2017 9 / 112017 10 / 1 / 2017 11 / 1 / 2017 12 / 1 / 2017 1 / 1 / 2018 $ 800. 10 $ 800. 10 $ 800. 10 $ 800. 10 $ 800. 10 $ 800. 10 $ 800. 10 Totals $ 22, 456. 69 $ 18, 885. 58 $ 18, 677. 04 Case Number: 1502001 Page 2 of 2 Case 15 - 02001 - TOM13 Doc 69 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Main Document Page 6 of 6

Note

NOTE GARDENDALE Alabama March 15, 2006 (Dale) 1City | (Sipiel 804 DELTA STREET, BESSEMER, AL 35020 (Propcny Address 1, BORROWER'S PROMISE TO PAY In rctunt ſor a loan uhat I have received, I promise to payU.S. $ 80, 000. 00 plus interest, to the order of the Lender, Thç Lender is MORTGAGE LENDERS NETWORK USA, INC. DBA LENDERS NETWORK (this amount is called " Principal"), I will makç all payınents under his Note in the fonn of cash, chcock or money order. I understand that the Lender may transfer his Notc. The Lender or anyone who takes this Noc by transfer and who is entitled to receivc payınçNIS 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 rac of 8. 1000 The interest ranc rcquircd by this Section 2 is the rate I will pay both before and aficr any dcfault describcd in Sccion 6 (B) of this Notc. % . 3, PAYMENTS (A) Time and place of Payments I will pay principal and interest by making a payment Cvery month. I will make my monthly payment on the 1st day of each month beginning on May 1, 2006. I will nmake these payments every month until I have paid all of the principal and interest and any other charges described below that I Inay owc under this Noc. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on April 1, 2036 „ I still owe amounts under this Note, I will pay hose amounts in full on hai date, which is called the " Malurily Date. " I will inakc niy monthly payments at 10 RESEARCH PARKWAY, WALLINGFORO, CT 06492 or at a different placc iſ required by the Noic Holder. (R) Amount of Munthly Payments My monthly payment will be in the amount ofU.S. $ 592. 60 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any umc before they are duc. A paymcni of Principal only is known as a " Prepaymcılı . " When I make a Prepayment, I will tell the Noc Holder in wriung that I am doing so. I may noi designac a psyMCNI as a Prepayment if I have not made all the monthly payments duc under the Now. I may make a full Prepayment or partial Prepayments without paying a Propayment charge. The Note Holder will use my Picpayments to reduce thç amount of Prirxipal uhai I owe under this Notc. Howcver, the Noc Hulder may apply my Prepayment to che accrucd and unpaid inicrest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Propayment, there will be no changes in the duc datic or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. * Except as set forth in the attached Prepayment Penalty Addendum. MULTISTATE FIXEO RATE NOTE. Single Family•Fonnlo Nao / Froddio Mac UNIFORM INSTRUMENT ME 5N (0207) Form 3200 1101 VMP MOATGAGE FOANS (800) 521 - 729. Pags 1 1 3 Instials; - LAP MIN Instials: Case 15 - 02001 - TOM13 Doc 69 - 1 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Note Page 1 of 4 5. LOAN CHARGES Iſ a law, which applies to this loan and which sels maximum loan charges, is finally interprticd so that the interest or other Ican charges collected or to be collected in connection with this loan cxcccd he permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limis and (b) any sums already collected from me which excccleal permitted limits will be refunded 10 me. The Note Holder may choose to make this reſund by reducing the Principal 1 OWC under this Noic or by making a direct payment to me. If a reſund reduces Principal, he reduction will be scaled as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Nore Holder has not received the full amount of any imonhly payment by the end of 10 calendar days after the daic it is due, I will pay a late charge to the Noic Holder. The amount of the charge will be 5. 0000 9 % of my overduc payment of principal and interest. I will pay this late charge prompuy but only once on each late payment (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will bc in default. (C) Notice of Default IC I am in default, the Noc Holder may send me a wriuen notice tclling 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 hal amount. That date must be at kast 30 days after the date on which the notice is mailed to me or delivered by other mcans. (D) No Waiver By Nute Holder Even iſ, at a time when I am in default, the Note Holder does not requirc me to pay immediately in full as described above, the Nole Holder will sull have the right to do so if I am in default at a later ime. (E) Payment of Note Holder's Costs and Expenses If the Noto Hokdor has required me to pay immediatcly in full as described above, the Notc Holder will have the right to be paid bitck by me for all of its costs and expenses in enforcing this Note to the exưnı not prohibited by applicable law. Those Cxp¢Iiscs include, for çxunplc, rCasonable attomeys ' fees. 7. GIVING OF NOTICES Unless applicable law requires a different inethod, any notice that must be given to MC under his Noic 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 noice of my different address. Any notice that must be given to the Noie Holder under this Nole will be given by delivering it or by mailing it by first class imail to the Note Holder at the address stated in Sccion 3 (A) above or al a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If han VIK person signs Lhis Nune, cuch person is fully und persunally obligated to kocp all of the promises made in this Nole, incluiting the promise to pay the full amount owcd. Any person who is a guarantor, surety or cndorser of his Note is also obligated to do these things Any person who lakes over hese obligations, including the obligations of a guaranior, surcly or endorscr of his Noe, is also obligated to keep all of the promises made in this Noe, The Noie Holder may cnforce its rights under this Notc 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 owcd under this Notc. 9. WAIVERS I and any other person who has obligations under his Noic waive the rights of Presenment and Noice of Dishonor. " Prescntmçnt " mcans the right to require the Noc Holder to demand payment of amounts duc. " Nouce of Dishonor " means the righe lo require die Nole Holder to give notice lo uher persons that amounts due have not been paid. Form 3200 1 / 01 Initiatrikuler UMP. 5N (0207) Page 2 or 3 Case 15 - 02001 - TOM13 Doc 69 - 1 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Note Page 2 of 4 10. UNIFORMI SECURED NOTE This Notc is a uniform instrumenĮ with liinited variajons in some jurisdicions. In addition to the protections given to the Noc Polder under this Noto, a Mortgage, Decd of Trust, or Security Decd (the " Security Instrument"), dated the same date as this Note, polects the Note Holder from possible losses which might result if I do not kcep the promises which I make in this Notc. 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 Noe. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Propeny is sold or transferred (or if Borrower is nol a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written conseni. Lender may require immediate payment in full of all sums secured by his Security Instrument. However, his option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises his option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 1 $ within which Borrower must pay all sums secured by this Security Instrument. Il Borrowar fails to pay these sums prior to the expiration of this period, Lender may invokc any remcdies permitted by this Security Instrum. cnt without further nouce or demand on BoTower. WITNESS THE HAND (S) AND SEAL (S) OF THE UNDERSIGNED. Wuen MenŁforiylar (Scal) WILLIAM MARK PAYTON (Scol) - BOHIowce - BorrowCI (Scal) - Borrower - РАНЕ onрдR OF L (Scal) EMAX FINANCIAL GROUP LLC - Borrower WITHOUT RECOURSE B. MORTGAGE LEIDERS NETWORK USA NC. dola LENDERS NETWORK - (Seal) Водw: - (Scal) STADJDNES VICE PRESIDENT •Bхtower - (Scal) •Ranower (Scal) - Borrower (Sign Original Onlył MD. 5N (0207) Page 3 of 3 Form 3200 1701 Case 15 - 02001 - TOM13 Doc 69 - 1 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Note Page 3 of 4 ALLONGE TO PROMISSORY NOTE FOR PURPOSES OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED NOTE, THIS ALLONGE IS AFFIXED AND BECOMES A PERMANENT PART OF SAID NOTE POOL: LOAN ID: NOTE DATE: 3 / 15 / 2006 LOAN AMOUNT: $ 80, 000. 00 BORROWER NAME: WILLIAM M PAYTON PROPERTY ADDRESS: 804 DELTA STREET, BESSEMER, AL 35020 WITHOUT RECOURSE PAY TO THE ORDER OF RESIDENTIAL FUNDING CORPORATION EMAX FINANCIAL GROUP, LLC By. Skega Name: John Hagebock Title: Assistant Vice President Residential Funding Corporation as Attorney in Fact for, EMAX FINANCIAL GROUP, LLC PAY TO THE ORDER OFU.S. Bank National Association as Tnustee WITHOUT RECOURSE Residential Funding Corporation BYLudley Fabu Juág Faber, Vice President Case 15 - 02001 - TOM13 Doc 69 - 1 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Note Page 4 of 4

Mortgage

Renum To: MORTGAGE LENDERS NETWORK USA, INC. DBA LENDERS NETWORK 213 COURT ST. MIDDLETOWN, CT 08457 İ Prepared by: Jeffrey A, DaMaso, Esquire 213 COURT STREET, MIDDLETOWN, CT 06457 20060403000251000 1 / 16 BK: LR200808 Pa: 8130 04 / 03 / 2008 02: 38: 44 PN _ TG Jollerton Co Judge ol Probat. A FIIed / Cartit iad Judge Mark Gaines HSpace Above This Lİne For Recording DataH MORTGAGE MIN DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) " Security Instrument " means this document, which is dated March 15, 2006 together with all Riders to this document. (B) " Borrower " is WILLIAN MARK PAYTON, an Inted an Borrower is the mortgagor under this Security Instrument. (C) " MERS " is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MBRS 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, Form 3001 1101. ALABAMA - Single Family•Fannie Mae / Freddie Mac UNIFORM INSTRUMENT WITH MERS uMP. - 6A (AL) (0005) Page 1 of 15 Iaitlata: yml VMP MORTGAGE FOAMS • (800) 521 - 7291 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 1 of 17 (D) " Lender " is MORTGAGE LENDERS NETWORK USA, INC. DBA LENDERS NETWORK Lender is a corporation or association organized and existing under the laws of Delaware Lender's address is 213 Court St. Middletown CT 06457 (E) " Note " means the promissory note signed by Borrower and dated March 15, 2006 The Note states that Borrower owes Lender Eighty Thousand and No / 100 - - mama - - - - - - - - - - - - - - - - - - - - - - Dollars (U. S. $ 80, 000. 00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2036 (F) " Property " means the property that is described below under the heading " Transfer of Rights in the Property. " (G) " Loan " means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) " Riders " means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [ check box as applicable): Adjustable Rate Rider Balloon Rider VA Rider Condominium Rider Second Home Rider Planned Unit Development Rider Q 1 - 4 Family Rider LJ Biweekly Payment Rider Other (s) [ specify) (I) " Applicable Law " means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (J) " Community Association Dues, Fees, and Assessments " means all dues, fees, assessments and other charges that are imposed on Borower or the Property by a condominium association, homeowners association or similar organization, (K) " Electronic Funds Transfer " means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an clectronic terminal, telephonic instrument, computer, or magnetic tapc so as to order, instruct, or authorize a financial institution to debit or credit an account. Such teron includes, but is not limited to, point - of - sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) " Escrow Items " means those items that are described in Section 3. (M) " Miscellaneous Proceeds " means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (0) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (ii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and / or condition of the Property, (N) " Mortgage Insurance " means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) " Periodic Payment " means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ü) any amounts under Section 3 of this Security Instrument. (P) " RESPA " means the Real Estate Seulement Procedures Act (12U.S. C. Section 2601 et seq .) and its implementing regulation, Regulation X (24 C. F. R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, " RESPA " refers to all requirements and restrictions that are imposed in regard to a " federally related mortgage loan " even if the Loan does not qualify as a " federally related mongage loan " under RÈSPA (Q) " Successor in Interest of Borrower " means any party that has taken title to the Property, whether or not that party has assumed BorIOwer's obligations under the Note and / or this Security Instrument. Inletals: utrp Inleials: vari 8ACAL) (0005 } Page 2 of 16 Form 3001 1701 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 2 of 17 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lendér: (1) the repayment of the Loan, and all renewals, cxtensions and modifications of the Note; and (ii) the performance of BorTOwer's Covenants and agreements under this Security Instrument and the Note. For this purpose, Bomower irrevocably mortgages, grants and conveys to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the COUNTY of JEFFERSON (Type of Recording Jurisdiction) [ Name of Recording Jurisdiction ] SEE ATTACHED SCHEDULE A Parcel ID Number: 38 - 204 - 009 - 022. 000 - RR which currently has the address of 804 DELTA STREET [ Street) BESSEMER [ City ], Alabama 35020 (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. Al replacements and additions shall also be covered by this Security Instrument. All of the forcgoing is referred to in this Security Instrument as the " Property. " Barrower 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 and canceling this Security Instrument. · BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the property is unencumbered, except for encumbrances of record, Bomower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform Covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering rcal property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. BorTOwer shall pay when duc the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and latc charges due under the Note. Barrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made inU.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Initials: W) UMP - 8A (AL) (2006) Page 3 of 16 Form 3001 1 / 01 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 3 of 17 Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's chack or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hokd such unapplied funds until Borower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to Borrower. If not applied carlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to cach Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Bonower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge duc, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Noto. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the " Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called " Escrow Items. " At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrOwed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower Initials: Me Inlials: VAMI - 6A (AL) (o006 } Page 4 ol 15 Form 3001 1701 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 4 of 17 shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. BooOwer's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instruments, as the phrase " covenant and agreement " is used in Section 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Bscrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Boower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Bormower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to BoTower for the excess funds in accordance with RESPA, If there is a shortage of Funds held in escrOw, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Barrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. BorTOwer shall pay all taxes, assessments, charges, fines, and impositions altributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any tien 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; ar (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Bomower shall satisfy the lien or take one or more of the actions set forth above in this section 4. innlah: WMP Intlab: can - OA (AL) (9006) Page 6 of 15 Form 3001 1101 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 5 of 17 Lender may require Borrower to pay a one - time charge for a real estate tax verification and / or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, bazards included within the term " extended coverage, " and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bonmower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one - time charge for flood zone determination, certification and tracking services; or (b) a one - time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Bomower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect BorTower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Londer under this section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lenkler as mortgagee and / or as an additional loss payce. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Iender as mortgagee and / or as an additional loss payee. In the event of loss, Bomower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and BoTower otherwise agrce in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or eamings on such proceeds. Fecs for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duc, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. Innlate: INE CMI •6A (AL) (0006) Page 8 of 15 Form 3001 1 / 01 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 6 of 17 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 - day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's righis (other than the right to any refund of unearmed premiums paid by BorTower) under all insurance policies covering the property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds cither to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then duc. 6. Occupancy, Borrower shall occupy, establish, and use the property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Bonower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, BorTOwer shall maintain the Property in onder to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8, Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Bomower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations inchxde, but are not limited to, representations concerning Borower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and / or rights under his Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and / or assessing the value of the Property, and securing and / or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable Intlalo: WYMP INI UMP - 6A (AL) { 0006) Page 7 ol 15 Form 3001 1101 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 7 of 17 attorneys ' fees to protect its interest in the Property and / or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this section 9, Lender does not have to do so and is not under any duty or obligation to do 80. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this section 9. Any amounts disbursed by Lender under this section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borower was required to make separately designated payments toward the premiums for Mortgage Insurance, BoTower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrowa shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will acceps, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay BorOwer any interest or earnings on such loss reserve. Lender can no longer require los8 reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Martgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are On terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums) . As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Bonower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiurns paid to the insurer, the arrangement is often termed " captive reinsurance. " Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Sach agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Intelale: wne CA - 8A (AL) 40006 } Page 8 of 16 Form 3001 1 / 01 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 8 of 17 (b) Any such agreements will not affect the rights Borrower has - if any · with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and or to receive a refood of any Mortgage Insurance premums that were unearned at the time of such cancellation or termination, 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold uch Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Bomower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before he partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless BoTower and Lender otherwisc agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to BoNower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, BooOwer fails to respond to Lender within 30 days after the date the notice is given, Lenda is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. " Opposing Party " means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award o claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. AU Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. Intials: WMP Lan - 8A (AL) 10005) Paga 9 of 16 Form 3001 1 / 01 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 9 of 17 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Ilender to BoTower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any SuccessOTS in Interest of Botower, Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Boower or any Successors in Interest of Borrowa, Any forbearancc by Lender in excrcising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, cntitics or Successors in Interest of Bomower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co - signers; Saccessors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Barrower who co - signs this Security Instrument but does not execute the Note (a " co - signer"): (a) is co - signing this Security Instrument only to mortgage, grant and convey the co - signar'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 Boower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Socurity Instrument or the Note without the co - signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Bomower who asumes BoIOwer's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bomower shall not be released from Borower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, | 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Barrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys ' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bomower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrowed. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note) . Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waivers of any right of action Barrower might have arising out of such overcharge. 15. Notices. Al notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's Dorice address iſ sent by other means. Notice to any one Bonmower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bomower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borower, Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. Intials: UMP en - 8A (AL) (0005) Page 10 of 16 Form 3001 1701 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 10 of 17 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the partias to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agrecment by contract. In the event that any provision or clause of this Security Instrument of the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mcan and include the plural and vice versa; and (c) the word " may " gives sole discretion without any obligation to take any action, 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18. Transfer of the Property or a Beneficial Interest in Borrower, As used in this section 18, " Interest in the Property " means any legal or bencficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bonower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give BOTOwer notice of acceleration. The notice shal provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomeys ' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument and (d) takes such action as Lenxter may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer, Upon reinstatement by BOTOwer, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occured. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the " Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law, There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borower will be given written notice of the change which will state the name and address of the new Loan Servicer, the Intlalo: _ WM / LIB - 6A (AL) (6006) Page 11 of 15 Form 3001 1101 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 11 of 17 address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, ar any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take conective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cime given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21, Hazardous Substances. As used in this section 21: (a) " Hazardous Substances " are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (6) " Environmental Law " means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) " Environmental Cleanup " includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an " Environmental Condition " means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products) . Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bomower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall carcate any obligation on Lender for an Environmental Cleanup. lallals: Wap van - 6A (AL) { 0005) Page 12 ot 15 Form 3001 1 / 01 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 12 of 17 NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedles. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise) . The notice shall specify: (a) the default; (b) the 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 cored; 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 and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. 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 invoke the power of sale and any other remedies permitted by Applicable Law, Lender shall be entitled to colect all expenses incurred in pursuing the remedies provided in this section 22, including, but not Hmited to, reasonable attorneys ' fees and costs of title evidence. Ir Lender invokes the power of sale, Lender shall give a copy of a notice to Borrower in the manner provided in Section 15. Lender shal publish the notice of sale once a week for three consecutive weeks in a newspaper published in JEFFERSON County, Alabama, and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Lender shall deliver to the purchaser Leader's deed conveying the property. Lender or its designee may purchase the Property at any sale. Borrower covenants and agrees that the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys ' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all surns secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. 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. 24. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. Intlas: umg anti - 6A (AL) (9006) Page 13 ol 15 Form 3001 1701 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 13 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it Witnesses: willim. Mall leak WILLIAM MARK PAYTON (Seal) · BoTower - (Seal) - Borrower wymru (Seal) - Borower - (Seal) . - Borrower - (Seal) •Borowca - (Seal) | - Borrower (Seal) - Borrower - (Seal) - Вохтоwer UMR - 6A (AL) 10095) Page 14 of 15 Farm 3001 1101 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 14 of 17 County ss: STATE OF ALABAMA, Jefferson On this 15th day of March 2006 Stephen Gimes a Notary Public in and for said county and in said state, hereby certify that WILLIAM MARK PAYTON whose name (s) is / are signed to the foregoing conveyance, and who isfare known to me, acknowledged before me that, being informed of the contents of the conveyance, he / shethey executed the same vohuntarily and as his / her / their act on the day the same bears date. Given under my hand and seal of office this 15th day of March 2006 My Commission Bxpires: 11 / 16 / 2006 Notary thalib Notaryblic Prepared By: MORTGAGE LENDERS NETWORK USA, INC. DBA LENDERS NETWORK Initiale: WIL UM - 6A (AL) (O006 } Pago 15 of 16 Form 3001 1 / 01 Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 15 of 17 SCHEDULE " A " LEGAL DESCRIPTION Lot 2, Block 16, according to the Survey of Tennessee Land Company's Eastern Valley Subdivision, as recorded in Map Book 2, page 63, in the Office of the Judge of Probate of Jefferson County, Alabama, Bessemer Division. Subject to any restrictions, easements and rights of way of record. WMP 20060403080251800 16 / 18 Bik: LR200606 Pg: 8130 04 / 03 / 2008 02: 30: 41 PM MTO Fos - 42. 00 Mortage TeX - S120. 00 Total of Faer and fixe3 - $ 182. 00 TYG Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 16 of 17 Recording Requested By: WELLS FARGO BANK, N. A. MIONVIENI NOVI IN NUAN NI ININ When Recorded Return To: 20120817000903220 BK: LR201263 Pg: 4571 Jefferson County, Alabama 11 certify this instrument filed o ! 08 / 17 / 2012 10: 31: 43 AM AS Judge of Probate - Alan L. King DEFAULT ASSIGNMENT WELLS FARGO BANK, N. A. MAC: X9999 - 018 PO BOX 1629 MINNEAPOLIS, MN 55440 - 9790 CORPORATE ASSIGNMENT OF MORTGAGE Jefferson (Birmingham Div .), Alabama " PAYTON " MERS #: Date of Assignment: August 13th, 2012 Assignor: MORTGAGE ÉLECTRONIC REGISTRATION SYSTEMS, INC ., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INCORPORATED, DOING BUSINESS AS LENDERS NETWORK, ITS SUCCESSORS AND ASSIGNS at BQX 2026 FLINT MI 48501, 1901 E VOORHEES ST STE C ., DANVILLE, IL 61834 Assignee:U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RASC 2006 - EMX4 at 60 LIVINGSTON AVE, ST. PAUL, MN 55107 Executed By: WILLIAM MARK PAYTON, AN UNMARRIED MAN TO: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC ., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INCORPORATED, DOING BUSINESS AS LENDERS NETWORK, ITS SUCCESSORS AND ASSIGNS Date of Mortgage: 03 / 15 / 2006 Recorded: 04 / 03 / 2006 in Book / Real / Liber: LR200606 Page / Folio: 8130 as Instrument No .: 20060403000251000 in the County of Jefferson (Birmingham Div .), State of Alabama. KNOW ALL MEN BY THESE PRESENTS, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the said Assignor hereby assigns unto the above - named Assignee, the said Mortgage having an original principal sum of $ 80, 000. 00 with interest, secured thereby, with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said Assignor hereby grants and conveys unto the said Assignee, the Assignor's beneficial interest under the Mortgage. TO HAVE AND TO HOLD the said Mortgage, and the sald property unto the said Assignee forever, subject to the terms contained in said Mortgage. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC ., AS NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INCORPORATED, DOING BUSINESS AS LENDERS NETWORK, ITS SUCCESSORS AND ASSIGNS On 23 lista By: Dore ' e balady. I Dereje D. Badada Assistant Secretary STATE OF Minnesota COUNTY OF Dakota On D 312L, before me, . Erick I. Soto La Notary Public in Dakota County in the State of Minnesota, personally appeared Dereie D Badada LAssistant Secretary, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) islare subscribed to the within instrument and acknowledged to me that he / shethey executed the same in his / her / their authorized capacity, and that by his / her / their signature on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal, ERICK I. SOTO SANOTARY PUBLIC - MINNESOTA San My Commission Expires vwwwwwww. January 31, 2017 (This area for notarial seal) Enck I Soto Notary Expires: 187 ora Prepared By: Wendy A Butler, WELLS FARGO BANK, N. A. 2701 WELLS FARGO WAY, MAC X9999 - 018, MINNEAPOLIS, MN 55467 - 8000 1 - 866 - 234 - 8271 201208 170o0903220 1711 Sk: LK201263° Pg: 4871 Jefferson County, Alabama 08 / 37 / 2012 10: 31, 43 AM AS Fee - $ 17, 00 Total of Fees and Taxes - $ 17. 00 MHBESS Case 15 - 02001 - TOM13 Doc 69 - 2 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 32: 39 Desc Mortgage Page 17 of 17

Fact Summary for a Motion for Relief from Stay Filed by Creditor Wells Fargo Bank, N.A., As Servicing Agent For U.S. Bank National Association, As Trustee, For Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Se (RE: related document(s)[69] Renewed Motion for Relief from Stay (related documents [51] Motion for Relief from Stay filed by WELLS FARGO BANK, N.A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET S).

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In Re: Chapter: 13 William Mark Payton Case No .: 15 - 02001 - TOM Debtor (s) FACT SUMMARY SHEET FOR MOTION FOR RELIEF FROM AUTOMATIC STAY OR FOR ADEQUATE PROTECTION IN CHAPTER 7 AND 13 CASES (Basis) Type of Loan / Credit Transaction: Mortgage and Note Date of Loan Credit / Transaction: 3 / 15 / 2006 Type of Collateral: Real Property P & I Per Note: $ 592. 60 Monthly Payment: $ 800. 10 Amount Financed: $ 80, 000. 00 APR or Interest Rate: 8. 10 % Term of Loan: months or 30 years Payoff Amount: $ 65, 770. 13 as of 1 / 11 / 2018 (date) Value of Collateral and Basis: $ 81, 500. 00 (Value) as of 5 / 19 / 2015 (Date) and Debtor's Schedules Address of Real Property: 804 Delta Street, Bessemer, AL 35020 Delinquent Pre - Petition Payments: What Month (s) ? 09 / 01 / 2014 to 05 / 01 / 2015 Amount ? $ 7, 151. 97 ($ 9, 469. 90 total claim) . Claim Filed ? X Yes Date Claim Filed: 7 / 30 / 2015 Claim Number 6 - 1 Number of Months of Pre - Petition Payment Default put into Debtor's Chapter 13 Plan: 9. Delinquent Post - Petition Payments: What Month (s) ? 9 / 1 / 2017 to 1 / 1 / 2018 Amount of Mortgage Payments ? $ 4, 000. 50 Late Charges ? Court Costs / Attorney's Fees ? Total Amount Due: $ 3. 791. 96 Claim Filed ? Yes X _ NO Date Claim Filed: Claim Number No Number of Post - Petition Payments Received (Not How Applied): 16 since prior order Number of Post - Petition Payments Held by Creditor but Not Applied to Debt: $ 208. 54 in suspense Number of Post - Petition Payments Returned by Creditor to Debtor: If Lease, Lease Expiration Date: N / A If Terminated, Lease Termination Date: N / A Insurer of Collateral: Unknown Term of Insurance: Unknown (Expiration Date) Prior Stay Order (s) Involving Movant, including Current Case: X Yes If Yes, give Case Number (s) and Date (s) of Order (s) Case No .: 15 - 02001 Date: 4 / 8 / 2016 Case No .: Date: Case No .: Date: No Debtors Statement of Intention: N / A Dates _ zszo1 8 Date: Submitted By: / s / Thomas G. Tutten, Jr. Thomas G. Tutten, Jr. (TUT - 003) Diane Murray (MUR - 048) Enslen Crowe (CRO - 098) Donald M. Wright (WRI - 021) Attorney for Creditor USI: 7972941v ] 402 - al Northern - VI Version 1. 1 Case 15 - 02001 - TOM13 Doc 70 Filed 01 / 23 / 18 Entered 01 / 23 / 18 14: 33: 22 Desc Main Document Page 1 of 1

Notice of Final Hearing on Renewed Motion for Relief from Stay filed by Wells Fargo Bank, N.A. (RE: related document(s)[69] Renewed Motion for Relief From Stay filed by Creditor Wells Fargo Bank, N.A., As Servicing Agent For U.S. Bank National Association, As Trustee, For Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Se). Hearing scheduled 2/22/2018 at 10:00 AM at Courtroom 3 (TOM) Birmingham.

Van−014 [Notice of Final Hearing] (Rev. 07/15) UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA, SOUTHERN DIVISION In re: Case No. 15−02001−TOM13 William Mark Payton Chapter 13 SSN: xxx−xx−6301 Debtor(s) RENEWED NOTICE OF FINAL HEARING Notice is hereby given that Tom Tutten, Attorney for Wells Fargo Bank, N.A., filed a Motion for Relief from Automatic Stay in the above−styled case. The preliminary hearing shall be consolidated with the final evidentiary hearing and parties are to be prepared for trial. The final hearing will be held to consider and act upon said Motion. Date: Thursday, February 22, 2018 Time: 10:00 AM Location: Robert S. Vance Federal Bldg, 1800 5th Ave No, Courtroom 3, Birmingham, AL 35203 Attendance is not required if a settlement has been reached as approved by all parties and filed with the Court by an attorney prior to the hearing date. Dated: January 24, 2018 By: Joseph E. Bulgarella, Clerk United States Bankruptcy Court klt Case 15-02001-TOM13 Doc 71 Filed 01/24/18 Entered 01/24/18 09:49:28 Desc Notice of Final Hearing Page 1 of 1

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Description
1
05/19/2015
Chapter 13 Voluntary Petition. Fee Amount $310 Filed by William Mark Payton
3
05/19/2015
Certificate of Credit Counseling for Debtor Filed Filed by Debtor William Mark Payton.
4
05/19/2015
Employee Income Records Filed by Debtor William Mark Payton.
05/19/2015
** INCORRECT NOTICE AS TO JUDGE ASSIGNMENT ** Meeting of Creditors with 341(a) meeting to be held on 06/17/2015 at 09:30 AM at Creditor Meeting Room Birmingham. Confirmation hearing to be held on 07/07/2015 at 11:00 AM at Courtroom 3 (TBB) Birmingham. Proof of Claim due by 09/15/2015. Government Proof of Claim due by 11/16/2015 Objection to Dischargeability of Certain Debts due by 08/17/2015. Modified on 5/20/2015 (Text entry; no document attached.)
5
05/19/2015
Chapter 13 Plan Filed by Debtor William Mark Payton.
6
05/19/2015
Tax Documents for the Year for 2014 Filed by Debtor William Mark Payton.
7
05/19/2015
Appraisal Filed by Debtor William Mark Payton.
05/19/2015
Receipt of Voluntary Petition (Chapter 13)(15-02001-13) [misc,volp13] (310.00) Filing Fee. Receipt number 18026110. Fee Amount 310.00 (re:Doc# 1) (U.S. Treasury) (Text entry; no document attached.)
8
05/19/2015
For cause, it is ordered that the foregoing case is to be reassigned and transferred from Judge Thomas B Bennett to Judge Tamara O Mitchell.
9
05/20/2015
Notice of Requirement to Complete Course in Financial Management. (Admin)
05/20/2015
Notice of Debtor's Prior Filings for debtor William Mark Payton Case Number 04-06931, Chapter 7 filed in Alabama Northern Bankruptcy Court on 08/10/2004, Standard Discharge on 01/25/2005.(Admin) (Text entry; no document attached.)
10
05/20/2015
Amended Meeting of Creditors 341(a) meeting to be held on 6/17/2015 at 09:30 AM at Creditor Meeting Room Birmingham.Objection to Dischargeability of Certain Debts Due 8/17/2015.Proofs of Claims due by 9/15/2015.Government Proof of Claim due by 11/16/2015.Confirmation hearing to be held on 7/9/2015 at 11:00 AM at Courtroom 3 (TOM) Birmingham.
11
05/20/2015
Composition Letter (plan proposes a pro rata share of $5,000.00 to unsecured creditors)
12
05/22/2015
BNC Certificate of Notice (RE: related document(s) 10 Meeting of Creditors Chapter 13). Notice Date 05/22/2015.
13
05/22/2015
BNC Certificate of Notice (RE: related document(s) 11 Letter). Notice Date 05/22/2015.
14
05/22/2015
BNC Certificate of Notice (RE: related document(s) 5 Chapter 13 Plan filed by Debtor William Mark Payton). Notice Date 05/22/2015.
15
05/22/2015
BNC Certificate of Notice (RE: related document(s) 9 Notice of Requirement to Complete Course in Financial Management). Notice Date 05/22/2015.
16
05/26/2015
Notice of Appearance and Request for Notice by Thomas G Tutten Filed by Creditor WELLS FARGO BANK, N.A.
17
06/17/2015
Trustee's Notice Continuance of Meeting of Creditors. 341(a) meeting to be held on 6/24/2015 at 01:30 PM at Creditor Meeting Room Birmingham.
18
06/24/2015
Meeting of Creditors Held 6/24/2015.
19
06/25/2015
Debtor's Objection to Claim 2 of creditor Internal Revenue Services in the amount of $29,002.30 Filed by Debtor William Mark Payton.
20
06/26/2015
Notice of Hearing on (RE: related document(s) 19 Objection to Claim filed by Debtor William Mark Payton). Hearing scheduled 7/30/2015 at 09:30 AM at Courtroom 3 (TOM) Birmingham.
21
06/28/2015
BNC Certificate of Notice (RE: related document(s) 20 Notice of Hearing). Notice Date 06/28/2015.
22
06/29/2015
Trustee's Objection to Confirmation of Chapter 13 Plan, Trustee's Motion to Dismiss.
23
06/29/2015
Notice of Hearing on (RE: related document(s) 22 Trustee's Objection to Confirmation of Plan, Trustee's Motion to Dismiss). Hearing scheduled 7/9/2015 at 11:00 AM at Courtroom 3 (TOM) Birmingham. (Insufficient Notice Time)
24
07/01/2015
BNC Certificate of Notice (RE: related document(s) 23 Notice of Hearing). Notice Date 07/01/2015.
25
07/06/2015
Amended Chapter 13 Plan Filed by Debtor William Mark Payton.
26
07/08/2015
Amended Schedule B, Amended Schedule C, Summary of Schedules, Statistical Summary of Certain Liabilities Filed by Debtor William Mark Payton.
27
07/08/2015
Motion to Avoid Non-Possessory, Non-Purchase Money Lien Filed by Debtor William Mark Payton
28
07/08/2015
Debtor's Objection to Claim 4 of creditor 1st Franklin Financial Corporation in the amount of $2,511.42 Filed by Debtor William Mark Payton.
29
07/09/2015
Notice of Hearing on (RE: related document(s) 28 Objection to Claim filed by Debtor William Mark Payton). Hearing scheduled 8/20/2015 at 09:30 AM at Courtroom 3 (TOM) Birmingham.
30
07/10/2015
Order and Notice of Hearing these matters are continued to July 30, 2015 at 11:15 AM in courtroom number 3 of the Robert S. Vance Federal Building, 1800 5th Avenue North, Birmingham, Alabama. Signed on 7/10/2015 (RE: related document(s) 10 Confirmation, 22 Trustee's Objection to Confirmation of Plan, Trustee's Motion to Dismiss).
31
07/11/2015
BNC Certificate of Notice (RE: related document(s) 29 Notice of Hearing). Notice Date 07/11/2015.
32
07/12/2015
BNC Certificate of Notice (RE: related document(s) 30 Notice and Order). Notice Date 07/12/2015.
33
07/13/2015
PDF with attached Audio File. Court Date & Time [ 7/9/2015 11:54:05 AM ]. File Size [ 205 KB ]. Run Time [ 00:00:34 ]. (RE: Doc #22; Trustee's Objection to Confirmation and Motion to Dismiss Case (insufficient notice time)). (adiuser).
34
07/29/2015
ORDER Withdrawing Signed on 07/29/2015 RE: Doc #19; Debtor's Objection to Claim #2 of Internal Revenue Service in the amount of $29,002.30.
35
07/31/2015
Bench Sheet from Confirmation Hearing
36
08/01/2015
BNC Certificate of Notice (RE: related document(s) 34 Order Withdrawing). Notice Date 08/01/2015.
37
08/17/2015
Order Granting Debtor's Motion to Avoid Non-Possessory, Non-Purchase Money Lien of 1st Franklin Financial Corporation (Related Doc # 27) Signed on 8/17/2015.
38
08/19/2015
BNC Certificate of Notice (RE: related document(s) 37 Order on Motion to Avoid Non-Possessory, Non-Purchase Money Lien). Notice Date 08/19/2015.
39
08/24/2015
Order Confirming Chapter 13 Plan. The Trustee's Objection to Confirmation is overruled and Motion to Dismiss is denied. Signed on 8/24/2015 (RE: related document(s) 10 Confirmation, 22 Trustee's Objection to Confirmation of Plan, Trustee's Motion to Dismiss, 25 Amended Chapter 13 Plan).
40
08/25/2015
Order the Debtor's Objection is Sustained and Claim #4 of 1st Franklin Financial Corporation shall be treated as a general unsecured claim. Signed on 8/25/2015 (RE: related document(s) 28 Objection to Claim filed by Debtor William Mark Payton).
41
08/26/2015
PDF with attached Audio File. Court Date & Time [ 8/20/2015 10:03:21 AM ]. File Size [ 103 KB ]. Run Time [ 00:00:17 ]. (RE: Doc #28; Debtor's Objection to Claim #4 of 1st Franklin Financial Corporation in the amount of $2,511.42). (adiuser).
42
08/26/2015
BNC Certificate of Notice (RE: related document(s) 39 Order Confirming Chapter 13 Plan). Notice Date 08/26/2015.
43
08/27/2015
BNC Certificate of Notice (RE: related document(s) 40 Order on Objection to Claim(s)). Notice Date 08/27/2015.
44
10/15/2015
Trustee Motion to Dismiss Case for Failure to Make Plan Payments.
45
10/16/2015
Notice of Hearing on Trustee's Motion to Dismiss (RE: related document(s) 44 Motion to Dismiss Case for Failure to Make Plan Payments). Hearing scheduled 11/12/2015 at 10:30 AM at Courtroom 3 (TOM) Birmingham.
46
10/18/2015
BNC Certificate of Notice (RE: related document(s) 45 Hearing on Trustee's Motion to Dismiss). Notice Date 10/18/2015.
47
11/10/2015
Consent to Action at Hearing on Trustee's Motion to Dismiss Filed by Debtor William Mark Payton (RE: related document(s) 44 Motion to Dismiss Case for Failure to Make Plan Payments).
48
11/13/2015
Bench Sheet: (RE: related document(s) 44 Motion to Dismiss Case for Failure to Make Plan Payments).
49
11/13/2015
Order Conditionally Denying Trustee's Motion to Dismiss Case for Failure to Make Plan Payments. Debtor's Consent is Approved. (Related Doc # 44 47) Signed on 11/13/2015.
50
11/15/2015
BNC Certificate of Notice (RE: related document(s) 49 Order on Motion to Dismiss Case for Failure to Make Plan Payments). Notice Date 11/15/2015.
51
03/10/2016
Motion for Relief from Stay, Fee Amount $176, Filed by Creditor WELLS FARGO BANK, N.A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET
1
AFFIDAVIT #
2
NOTE #
3
MORTGAGE #
4
POST PETITION PAY HISTORY #
5
POST PETITION FEE BREAKDOWN ADDENDUM
5 Attachments
52
03/10/2016
Fact Summary for a Motion for Relief from Stay Filed by Creditor WELLS FARGO BANK, N.A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET (RE: related document(s) 51 Motion for Relief from Stay, Fee Amount $176,).
03/10/2016
Receipt of Motion for Relief from Stay(15-02001-TOM13) [motion,mrlfsty] (176.00) Filing Fee. Receipt number 19149271. Fee Amount 176.00 (re:Doc# 51) (U.S. Treasury) (Text entry; no document attached.)
53
03/11/2016
Notice of Final Hearing on Motion for Relief from Stay filed by Thomas G. Tutten Jr., Attorney for Wells Fargo Bank, N.A. DBA America's Servicing Company (RE: related document(s) 51). Hearing scheduled 4/7/2016 at 10:00 AM at Courtroom 3 (TOM) Birmingham.
55
03/13/2016
BNC Certificate of Notice (RE: related document(s) 53 Hearing (Motion for Relief) Set). Notice Date 03/13/2016.
56
04/06/2016
Courtroom Deputy Notes (Based on agreement of the parties, this matter is settled; Tom Tutten to submit a separate order.) RE: Doc #51; Motion for Relief from Stay filed by Thomas Tutten, Attorney for Wells Fargo Bank, N.A.
57
04/08/2016
Order Conditionally Denying Motion For Relief From Stay. The Debtor's plan payments are increased to $800.00 per month effective immediately. (Related Doc # 51) Signed on 4/8/2016.
58
04/10/2016
BNC Certificate of Notice (RE: related document(s) 57 Order on Motion For Relief From Stay). Notice Date 04/10/2016.
59
12/22/2016
Notice of Change of Address PO Box 250, 718 Academy Drive, Suite 108, Bessemer, AL 35021 Filed by Creditor 1ST FRANKLIN FINANCIAL CORPORATION.
60
01/10/2017
Notice of Change of Address Filed by Debtor William Mark Payton.
61
11/21/2017
Trustee's Motion to Dismiss Case for Failure to Make Plan Payments. (Ch13troffice, ct)
62
11/22/2017
Notice of Hearing on Trustee's Motion to Dismiss (RE: related document(s) 61 Motion to Dismiss Case for Failure to Make Plan Payments). Hearing scheduled 1/4/2018 at 10:30 AM at Courtroom 3 (TOM) Birmingham.
63
11/24/2017
BNC Certificate of Notice (RE: related document(s) 62 Hearing on Trustee's Motion to Dismiss). Notice Date 11/24/2017.
64
01/03/2018
Consent to Action at Hearing on Trustee's Motion to Dismiss Filed by Debtor William Mark Payton (RE: related document(s) 61 Motion to Dismiss Case for Failure to Make Plan Payments).
65
01/04/2018
Hearing Scheduled (RE: related document(s) 64 Consent to Action at Hearing on Trustee's Motion to Dismiss filed by Debtor William Mark Payton). Hearing scheduled 1/4/2018 at 10:30 AM at Courtroom 3 (TOM) Birmingham.
66
01/04/2018
Bench Sheet: (RE: related document(s) 61 Motion to Dismiss Case for Failure to Make Plan Payments).
67
01/04/2018
Order Conditionally Denying Motion to Dismiss Case for Failure to Make Plan Payments. (Related Doc # 61) Signed on 1/4/2018.
68
01/06/2018
BNC Certificate of Notice (RE: related document(s) 67 Order on Motion to Dismiss Case for Failure to Make Plan Payments). Notice Date 01/06/2018.
69
01/23/2018
Renewed Motion for Relief from Stay (related documents [51] Motion for Relief from Stay filed by WELLS FARGO BANK, N.A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET SECURITIES CORPORATION, HOME EQUITY MORTGAGE ASSET) Per Order Entered 04/08/2016 Filed by Creditor Wells Fargo Bank, N.A., As Servicing Agent For U.S. Bank National Association, As Trustee, For Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Se
1
Note
2
Mortgage
2 Attachments
70
01/23/2018
Fact Summary for a Motion for Relief from Stay Filed by Creditor Wells Fargo Bank, N.A., As Servicing Agent For U.S. Bank National Association, As Trustee, For Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Se (RE: related document(s)[69] Renewed Motion for Relief from Stay (related documents [51] Motion for Relief from Stay filed by WELLS FARGO BANK, N.A. DBA AMERICA'S SERVICING COMPANY, AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESIDENTIAL ASSET S).
71
01/24/2018
Notice of Final Hearing on Renewed Motion for Relief from Stay filed by Wells Fargo Bank, N.A. (RE: related document(s)[69] Renewed Motion for Relief From Stay filed by Creditor Wells Fargo Bank, N.A., As Servicing Agent For U.S. Bank National Association, As Trustee, For Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Se). Hearing scheduled 2/22/2018 at 10:00 AM at Courtroom 3 (TOM) Birmingham.
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