FILED
`9/10/2024 9:13 AM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
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`CAUSE NO.
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`CC-24-06557-B
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`IN THE COUNTY COURT
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`AT LAW NO.
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`DALLAS COUNTY, TEXAS
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`§
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`§ §
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`§ § §
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`§
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`EJIKE OKPA,
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`Plaintiff,
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`v.
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`JEAN ONUAGULUCHI,
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`Defendant.
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`PLAINTIFF’S ORIGINAL PETITION
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`TO THE HONORABLEJUDGE OF SAID COURT:
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`COMES NOW E&jike Okpa(“Plaintiff or “Ejike” herein), filing this his Original Petition
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`complaining of Jean Onuaguluchi (“Jean” or “Defendant’’) and for causes of action would
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`respectfully show the Court as follows:
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`DISCOVERY
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`1.
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`Plaintiff intends to conduct discovery under Texas Rules of Civil Procedure 190.3
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`(Level 2).
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`PARTIES
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`2.
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`Plaintiff is an individual who resides in Dallas County, Texas and may beserved
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`with process on the undersigned legal counsel.
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`3.
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`Jean Onuaguluchiis an individual whoresides in Illinois and may be served at 308
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`Wobum Lane, Schaumburg, IL 60173 or wherever she may be found.
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`JURISDICTION AND VENUE
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`4,
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`The Court has jurisdiction over Defendant because they are individuals who has a
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`purported ownership interest in real property located in Texas. The Court has jurisdiction over the
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`controversy because the damages are within the jurisdictional limits of the Court.
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`

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`5.
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`Venue is mandatory in Dallas County, Texas because the subject matter of the
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`lawsuit involvesreal property which is located in Dallas County, Texas. Further, all or a substantial
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`part of the events or omissions giving rise to Plaintiff's causes of action occurred in Dallas County,
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`Texas thus venue is proper under §15.002(a)(1) of the Texas Civil Practice and Remedies Code.
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`RELEVANT FACTS
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`6.
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`The subject matter of the lawsuit is the real property and the improvements thereon
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`located at 14403 Overview Drive, Dallas, Texas 75254 (the “Property”).
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`7.
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`In December of 1994, Plaintiff and his now ex-wife Jean Onuaguluchi (“Jean”)
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`began telling people in their community that they were married.
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`In February 1995, Jean and
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`Plaintiff began living together. Also in February 1995, Plaintiff and Jean applied for a marriage
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`license.
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`8.
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`Plaintiff and Jean signed a contract to purchase the Property around January 1995.
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`However, Plaintiff had to go to Africa on a business trip in April 1995, and while he was away,
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`Jean closed on the Property and only her name wasput on the Deed and loan documents. Jean was
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`granted a Deed to the Property on or about April 10, 1995, and in conjunction therewith executed
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`a Note in the amount of $140,400.00 (“Note”) and a Deed of Trust in which Sunbelt National
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`Mortgage Corporation (“Sunbelt”) was listed as the Lender (“Deed of Trust”). A true and correct
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`copy of the Deed of Trust attached to the Petition as Exhibit “A”. The Sunbelt Note and Deed of
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`Trust and accompanying documentsare referred to as the Loan.
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`9.
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`Plaintiff made the down payment for the purchase as well as began making the
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`monthly Loan payments on the Property. Plaintiff has resided at the Property as his homestead ever
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`since.
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`10.
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`On August 29, 2001 Plaintiff and Jean divorced. The County Court at Law No. 1 of
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`

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`Williamson County, Texas presided over the divorce proceeding styled “Jn the Matter of the
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`Marriage of Jean Onuagaluchi-Okpa and Ejike Edward Okpa and in the Interest of Ejike
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`Ekekwetere Okpa Adaora Nnenna Okpa, Children, under cause number 99-736-FC1.
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`11.
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`The court entered a Final Decree of Divorce awardingall right and title of the
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`Property to Plaintiff and divesting Jean of all right andtitle to the Property. A certified true and
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`correct copy of the Final Decree of Divorce was recorded in the real property records of Dallas
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`County, Texas on July 9, 2008, under document number 20080223714. A true and correct copy of
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`the Divorce Decreeis attached to the Petition as Exhibit “B”’.
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`12.
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`After the divorce, Plaintiff attempted to assume the Loan on the Property. Plaintiff's
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`efforts to assume the Loan or obtain a new loan and payoff the Loan had been thwarted by Jean.
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`13.
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`Eventually, Plaintiff obtained a separate loan on the Property and paid off the
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`Sunbelt Note and Deed of Trust. Plaintiff requested payoff figures from the owner/holder of the
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`Sunbelt Note and Deed of Trust, which was Bank of New York Mellon, as Trustee for the Bear
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`Stearns Asset Backed Securities Trust 2002-1 Asset-Backed Certificates, Series 2002-1 (“Mellon’’)
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`with Select Portfolio Servicing, Inc. (“SPS”) serving as the mortgage servicer for Mellon.
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`14.
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`Plaintiff received a payoff statement from SPS indicating that $295,703.88 was due
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`to payoff the lien through February 2024. Plaintiff wired $295,703.88 to SPS to satisfy Mellon’s
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`Sunbelt Note and Deed of Trust and obtain a release.
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`15.
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`However,in a letter dated April 10, 2024, SPS sent to Plaintiff indicated that to pay
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`off the loan between 2/13/24 to 3/13/24, the pay-off amount would be $260,689.66. A difference
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`ofjust over $35,000.
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`16.
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`Plaintiff then contacted SPS who informed him that
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`the overpayment of
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`approximately $35,000 had been sent to Jean Onuaguluchi, and not Plaintiff. To date, Jean has not
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`

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`sent the moneyto Plaintiff.
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`17.
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`Instead, on or about March 4, 2024, Jean executed a Texas General Warranty Deed,
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`purportedly conveying the Property to herself and Defendants Ejike Ekekwetere Okpa and Adaora
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`Nnenna Okpa, who are the minorchildren of Jean and Plaintiff (the “Jean Deed”). The Jean Deed
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`was recorded in the real property records of Dallas County, Texas under instrument number
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`202400054864. A true and correct copy of the Jean Deedis attached to this Petition as Exhibit C.
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`18.
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`At the time of the execution of the Jean Deed by Defendant Jean she had notitle
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`interest 1n the Property to convey.
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`CLAIM
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`AGENCY & RESPONDEAT SUPERIOR
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`19.
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`Whereverit is alleged that Defendants did anything, or failed to do anything,it is
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`meant that such conduct was done by Defendants’ employees, vice principals, agents, attorneys,
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`and/oraffiliated entities, in the normalor routine scopeoftheir authority, or ratified by Defendants,
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`or done with such apparent authority so as to cause Plaintiff to reasonably rely that such conduct
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`was within the scope oftheir authority. Plaintiff did rely to Plaintiff's detriment on Defendants’
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`representatives being vested with authority for their conduct. Defendants are vicariously liable for
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`the conduct of their employees, vice principals, agents, attorneys, affiliated entities, and
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`representatives of Defendants’ affiliated entities by virtue of respondeat superior, apparent
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`authority, and estoppel doctrines.
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`FIRST CAUSE OF ACTION:
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`DECLARATORY JUDGMENT
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`20.
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`To the extent not inconsistent herewith, Plaintiff incorporates by reference the
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`allegations made aboveasif set forth fully herein.
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`21.
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`Pursuant to Texas Civil Practice and Remedies Code Chapter 37, Plaintiff seeks a
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`declaratory judgment that the Jean Deed is void and should be stricken from the real property
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`records.
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`SECOND CAUSE OF ACTION:
`SUIT TO QUIET TITLE AND TRESPASS TO TRY TITLE
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`22.
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`To the extent not inconsistent herewith, Plaintiff incorporates by reference the
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`allegations made aboveasif set forth fully herein.
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`23,
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`The elements of a suit to quiet title are (1) plaintiff has an interest in a specific
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`property; (2) title to the property is affected by a claim by the defendant; and (3) the defendant's
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`claim, though facially valid, is invalid or unenforceable.” Wagner v. CitiMorigage, Inc., 995 F.
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`Supp. 2d 621, 626 (N.D. Tex. 2014).
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`24.
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`On the other hand, to prevail in a trespass totry title action, a plaintiff must usually
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`(1) prove a regular chain of conveyances from the sovereign; (2) establish superiortitle out of a
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`commonsource; (3) prove title by limitations; or (4) prove title by prior possession coupled with
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`proof that possession wasnot abandoned. Martin v. Amerman, 133 S.W.3d 262, 265 (Tex. 2004).
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`25.
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`Plaintiff has a title interest in the Property and resides there as his homestead.
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`Defendant Jean did not have title to the Property when she executed the Jean Deed andit is thus
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`void. The Jean Deedis a cloud on Plaintiff's title and should be stricken from the real property
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`records.
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`26.
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`Plaintiff seeks a judgment removing the Jean Deed and declaring the Plaintiff is the
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`fee simple title owner of the Property.
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`THIRD CAUSE OF ACTION:
`UNJUST ENRICHMENT
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`27.
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`To the extent not inconsistent herewith, Plaintiff incorporates by reference the
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`allegations made aboveasif set forth fully herein.
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`28.
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`Defendant Jean has been unjustly enriched through the money she wrongfully
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`received from SPSthat actually belonged to Plaintiff. That money waspaid by Plaintiff to SPS to
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`release its lien on his Property and any overage should have been returned to him, not Defendant
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`Jean.
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`29.
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`Plaintiff seeks the return of the approximately $35,000 Jean unjustly received.
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`FOURTH CAUSE OF ACTION:
`MONEY HAD AND RECEIVED
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`30.
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`To the extent not inconsistent herewith, Plaintiff incorporates by reference the
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`allegations made aboveasif set forth fully herein.
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`31.
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`A claim for money had and received seeks equitable relief. Stonebridge Life Ins.,
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`Co. v. Pitts, 236 S.W.3d 201, 203 n. 1 (Tex.2007) (per curiam); Edwards v. Mid-Continent Office
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`Distribs., L.P., 252 S.W.3d 833, 836 (Tex.App.-Dallas 2008, pet. denied). The claim “ ‘belongs
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`conceptually to the doctrine of unjust enrichment.’ ” Edwards, 252 S.W.3d at 837 (quoting Amoco
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`Prod. Co. v. Smith, 946 S.W.2d 162, 164 (Tex.App.-El Paso 1997, no writ)). To prove the claim, a
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`plaintiff must show that a defendant holds money which in equity and good conscience belongs to
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`him. /d. A cause of action for money had and receivedis “ ‘less restricted and fettered by technical
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`rules and formalities than any other form of action. It aims at the abstract justice of the case, and
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`looks solely to the inquiry, whether the defendant holds money, which... belongsto the plaintiff.’
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`” Id. (quoting Staats v. Miller, 150 Tex. 581, 243 S.W.2d 686, 687-88 (1951)). A cause of action
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`for moneyhadandreceived is not premised on wrongdoing. MGA Ins. Co. v. Charles R. Chesnutt,
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`P.C., 358 S.W.3d 808, 813 (Tex.App.-Dallas 2012, no pet.).
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`32.
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`Defendant Jean is holding the approximately $35,000 that belongs to Plaintiff.
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`Plaintiff is demanding a return of the money.
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`FIFTH CAUSE OF ACTION:
`FILING A FALSE CLAIM TO TITLE PURSUANT
`TO CHAPTER12 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE
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`33.
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`To the extent not inconsistent herewith, Plaintiff incorporates by reference the
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`allegations made aboveasif set forth fully herein.
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`34.
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`The acts of Defendant Jean described above constitute the filing of a false claim to
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`title or a false interest in real estate pursuant to Chapter 12 of the Texas Civil Practice and Remedies
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`Code, and are the producing cause of the actual damages sustained or incurred by Plaintiff.
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`35.
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`Defendant Jean was a party to the Divorce Proceedings and knew that she had been
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`divested oftitle as a result of the Divorce Decree that was entered and recordedin the real property
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`records of Dallas County, Texas.
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`36.
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`Despite that knowledge that the Property was not hers and wasin fact Plaintiffs,
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`Jean executed and recorded the Jean Deed and intendedthat the Jean Deed be given the samelegal
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`effect as a valid claim to title or an interest in the Property. Jean also intended that the recording of
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`the Jean Deed cause financial injury to Plaintiff, depriving him oftitle to his Property, and has thus
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`caused financial injury to Plaintiff.
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`37.
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`Plaintiff seeks a judgment declaring the Jean Deed constitutes a false claim totitle
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`or an interest in the subject Property in violation of Tex. Civ. Prac. & Rem. Code Section 12.002,
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`and award judgmentin favor of Plaintiff for the greater of actual damages or $10,000 andall costs
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`of court and attorney fees.
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`DAMAGES
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`38.
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`Plaintiff is entitled to recover actual damages from Defendant Jean for which
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`Plaintiff pleads in an amount which does not exceed the jurisdictional limits of this Court. Plaintiff
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`is also entitled to economic and statutory damages from Defendant Jean.
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`EXEMPLARY DAMAGES
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`39,
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`Plaintiff is entitled to exemplary damages pursuant to TEX. CIV. PRAC. & REM.
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`CODE § 12 as the acts committed by Defendant Jean were committed knowingly, willfully,
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`intentionally, and with actual awareness of the falsity thereof, and with the specific and pre-
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`determined intention of enriching herself at the expense of Plaintiff.
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`In order to punish Defendant
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`Jean for such outrageous and unconscionable overreaching conduct and to deter such conduct in
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`the future, Plaintiff seeks exemplary damages.
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`ATTORNEY FEES
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`40.
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`Plaintiff has retained representation to prosecute and defend this action and has
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`agreed to pay attorneys reasonable fees for necessary services. An award of attorneys’ fees to the
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`Plaintiff would be equitable and just and authorized by TEX. CIV. PRAC. & REM. CODE§§ 37,
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`38, as well as TEX. CIV. PRAC. & REM. CODE§ 12.
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`CONDITIONS PRECEDENT
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`41.
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`All conditions precedent to the Plaintiff's right to bring this cause of action have
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`been performed, have occurred, or have been waived.
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`PRAYER
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`WHEREFORE, PREMISES CONSIDERED,Plaintiff respectfully requests that:
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`A.
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`B.
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`Defendants be cited to appear and answerherein;
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`Upon final hearing or trial hereof, the Court order a judgment in favor of Plaintiff
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`against Defendants declaring the Jean Deed lien void andstriking it from the real property records,
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`a judgment for damages of economic,actual, statutory, and exemplary, that the filing of the Jean
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`Deedwasfalse claim oftitle or interest in property, attorney fees, costs of court, and such other and
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`further relief to which Plaintiff may be entitled.
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`

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`Respectfully submitted,
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`/s/ Jason A. LeBoeuf
`JASON A. LEBOEUF
`Texas Bar Number 24032662
`Email: jason@leboeuflawfirm.com
`LeBoeuf Law Firm, PLLC
`675 Town Square Blvd., Suite 200
`Building 1A
`Garland, Texas 75040
`Telephone:
`214.206.7423
`Facsimile:
`214.730.5944
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`ATTORNEY FOR PLAINTIFF
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`

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`EXHIBIT A
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`STNT /95300481/317/3. MCELHANEY
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`Return to:
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`SUNBELT NATIONAL. MORTGAGE CORPORATION
`2974 LB) FREEWAY, SUITE 200
`DALLAS, TEXAS 75234
`
`Loan Number 3364718
`
`
`
`cr [Space Above This Line For Recording Data) ——————-___—___-__-___---------
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`DEED OF TRUST
`
`THIS DEED OF TRUST("Security Instrument") is made on the 10TH day of APRIL, 1995.
`The grantor is JEAN ONUAGULUCHI
`, A SINGLE WOMAN ("Borrower"). The trustee is JAMES B, WITHEROW, whose
`address is 2974 LBJ FREEWAY, SUITE 200, DALLAS, TEXAS 75234 ("Trustee"). The beneficiary is SUNBELT NATIONAL
`MORTGAGE CORPORATION, A CORPORATION,which is organized and existing under the laws of the State of ILLINOIS,
`and whose address is 2974 LBJ FREEWAY, SUITE 200, DALLAS, TEXAS 75234 ("Lender"). Borrower owes Lender the
`principal sum of ONE HUNDRED FORTY THOUSAND FOUR HUNDRED AND 00/100ths Dollars (U.S. $140,400.00). This debt
`is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly
`payments, with the full debt,
`if not paid earlier, due and payable on MAY 1, 2025. This Security Instrument secures to
`Lender:
`(a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of
`the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security
`Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
`For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
`property located in DALLAS County, Texas:
`LOT 11 IN BILLOCK 3/8041 OF NORTHWOOD HILLS ADDITION, TWELFTH
`SECTION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY,
`TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN YOLUME
`68065, PAGE 1910, MAP RECORDS, DALLAS COUNTY, TEXAS.
`
`
`
`which has the address of
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`TEXAS
`
`14403 OVERVIEW PRIEVE, DALLAS,
`{Street}
`75240
`[Zip Code]
`
`("Property Address");
`
`[City]
`
`TOGETHER WITHall the improvements now or hereafter erected on the properly, and all easements, appurtenances, and
`fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
`Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
`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, Borrower warrants and will
`defend generally the title to the Property against all claims and demands, subject to any encumbrancesof record.
`THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
`variations by jurisdiction to constitate a uniform security instrument covering real property.
`UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
`1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
`principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
`2. Funds for Taxes and Insurance, Subject
`to applicable law or to a written waiver by Lender, Borrower shall pay to
`Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly
`taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold
`payments or ground rents on the Property,
`if any;
`(c) yearly hazard or property insurance premiums, (qd) yearly flood
`insurance premiums,
`if any;
`(c) yearly mortgage insurance premiums,
`if any; and (1) any sums payable by Borrowerto
`Lender,
`in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These
`items are called “Escrow Items.” Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
`amount a lender for a federally related mortgage loan may require for Borrawer's escrow account under the federal Real
`Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 ef seg. (TRESPA"), unless
`another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an
`amount not
`to exceed the lesser amount. Lender may 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.
`
`- ‘TEXAS-Single Pamily-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT
`
`Form 3044 8/90 (Page I of 5 Pages}
`
`95073 02103
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`The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
`(including Lender,
`if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
`the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
`account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender
`to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax
`reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement
`is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings
`on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for
`which each debit
`to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
`Instrument,
`If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
`for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
`time is not sufficient
`to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case
`Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no
`more than twelve monthly payments, at Lender's sole discretion.
`Upon payment
`in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
`Funds held by Lender.
`If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
`sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
`secured by this Security Instrament.
`3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
`paragraphs 1 and 2 shall be applied: first, to any prepayment charges duc under the Note; second, to amounts payable under
`paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
`4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
`which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
`these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time
`directly to the person owed payment. Borrower shall promptly furnish to Lenderall notices of amounts io be paid under this
`patagrapn. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the
`- payments.
`Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
`writing to the payment of the obligation secured by the hen in a manner acceptable to Lender; (b) contests in good faith the
`lien by, or defends agains! enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
`enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien
`to this Security Instrument.
`If Lender determines that any part of the Properly is subject to a Hien which may attain priority
`over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take
`one or more of the actions set forth above within 10 days of the giving of notice.
`§. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
`Property insured against loss by fire, hazards included within the term “extended coverage" and any other hazards, including
`floods or flooding,
`for which Lender requires insurance. This insurance shall be maintained in the amounts and for the
`periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
`approval which shail not be unreasonably withheld. lf Borrowerfails to maintain coverage described above, Lender may, at
`Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7,
`All
`insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
`shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lenderall receipts
`of paid premiums and renewal notices.
`In the event of loss, Borrower shall give prompt notice to the insurance carrier and
`Lender. Lender may make proof of loss if not made promptly by Borrower,
`Uniess Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
`Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration
`or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
`sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons
`the Property, or does not answer within 30 days a notice from Lenderthat the insurance carrier has offered to settle a claim,
`then Lender may collect the insurance proceeds. Lender may use the procecds to repair or restore the Property or (o pay sums
`secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
`Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
`postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
`under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
`from damage to the Property prior to the acquisition shall pass to ender to the extent of the sums secured by this Security
`Instrument immediately prior to the acquisition,
`6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
`_Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after
`the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence forat
`ic¢ast one year alter 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. Borrower shall not destroy,
`damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in
`default
`if any forfeiture action or procecding, whether civil or criminal, is begun that in Lender's good faith judgment could
`result
`in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's
`security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or
`proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's
`interest
`in the Property or other material
`impairment of the lien created by this Security Instrument or Lender's security
`interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate
`information of statements to Lender (or failed to provide Lender with any material information) in connection with the loan
`evidenced by the Note,
`including, but not limited to, representalions concerning Borrower's occupancy of the Property as a
`principal residence. 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.
`
`Form 3044 9/90 (Page 2 of 5 Pages)
`
`99075 02104
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`

`

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`*
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`7. Protection of Lender's Rights in the Property. If Borrowerfails to perform the covenants and agreements contained
`in this Security Instrument, or there is a legal procecding that may significantly affect Lender's rights in the Property (such as
`a proceeding in bankrupicy, probate, for condemnation or forfeiture or to enforce Jaws or regulations), then Lender may do
`and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions
`may include paying any sums secured by a lien which has priority over this security Instrument, appearing in court, paying
`reasonable attorneys’
`fees and entering on the Property to make repairs. Although Lender may take action underthis
`paragraph 7, Lender does not have to do so.
`Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
`Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
`date of disbursement at
`the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
`payment.
`8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
`Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
`mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shal! 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 morlgage insurer approved by Lender.
`If substantially equivalent mortgage insurance coverage is not available, Borrowershall pay to Lender each month a sum
`equal
`to one-twelfih of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed
`or ceased to be in effect, Lender will accept, use and retain these payments as a loss reserve in Heu of mortgage insurance.
`Loss reserve payments may no longer be required, at the option of Lender, if morigage insurance coverage (in the amount and
`for the period that Tender requires) provided by an insurer approved by Lender again becomes available and is obtained.
`Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the
`requirement for mortgage insurance ends in accordance with any writlen agrecment between Borrower and Lender or
`applicable law.
`9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
`Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
`10, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
`condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
`shall be paid to Lender.
`the proceeds shall be applied to the sums secured by this Security
`taking of the Property,
`In the event of a total
`then duc, with any excess paid to Borrower. In the event of a partial taking of the Property in
`Instrument, whether or not
`which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
`secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree In writing,
`the sums secured by this Security Instrument shall be reduced by the amountofthe proceeds multiplied by the following
`fraction:
`(a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the
`Property immediately before the taking. Any balance shall be paid to Borrower.
`In the event of a partial taking of the
`Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums
`secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law
`otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sumsare
`then due.
`If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnoroffers to make an
`award or settle a claim for damages, Borrowerfails to respond to Lender within 30 days after the date the notice is given,
`Lender is authorized to collect and apply the proceeds,at its option, either to restoration or repair of the Property or to the
`sums secured by this Security Instrument, whether or not then due.
`Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
`postpone the due date of the monthly payments referred to in paragraphs | and 2 or change the amount of such payments.
`11. 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 Lender to any successor in interest of Borrower
`shall not operate to release the liability of the ori