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HomeMy WebLinkAbout07-0877McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Deutsche Bank National Trust Company Cumberland County 10790 Rancho Bernardo Road Court of Common Pleas San Diego, CA 92127 V. David W. Shoop 8 Ashton Avenue East Falouth, MA 02536 and Number - x'77 Jennifer L. Shoop 8 Ashton Avenue East Falouth, MA 02536 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 6'0't C?? Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere clue usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company 10790 Rancho Bernardo Road San Diego, CA 92127 V. David W. Shoop 8 Ashton Avenue East Falouth, MA 02536 and Jennifer L. Shoop 8 Ashton Avenue East Falouth, MA 02536 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 617 --(21 l CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Deutsche Bank National Trust Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is David W. Shoop, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 8 Ashton Avenue, East Falouth, MA 02536. 3. The Defendant is Jennifer L. Shoop, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 8 Ashton Avenue, East Falouth, MA 02536. 4. On 03/24/2005, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Wilmington Finance, a Division of AIG Federal Savings Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1901, Page 1091. 5. The aforesaid mortgage was thereafter assigned by Wilmington Finance, a Division of AIG Federal Savings Bank to Deutsche Bank National Trust Company, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known 5223 Eton Place, Mechanicsburg, PA 17055. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 130,269.44 Interest 06/01/2006 through 02/13/2007 $ 6,302.94 (Plus $ 24.43 per diem thereafter) Attorney's Fee $ 6,513.47 Late Charges $ 342.24 Escrow Advanace $ 682.42 Title Search $ 200.00 GRAND TOTAL $ 144,310.51 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $144,310.51, together with interest at the rate of $24.43 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBE AND CONWAY, P.C. BY: -Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION ? rr11 The undersigned, Esquire, hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE t.llQ.7G 11VllIG I- 111Q111.+G G/ 1/ V ! V JU Y!`91.7L' UI .213 4 • v 4V t1 e Prepared By.- Wilmington Finance. a division of AI6 Federal Savings Bank 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 1 %..L Su 1.1- Q.JI Toy i C-S. R"GERT P. ZIEGLER CCOrRDAER On-Fw DEEDS C'"ECCL/111 "`•Y'II '? ' Y005 NO Z$ H?1 8 53 Return To: Wilmington Finance, 16 a division of AI6 Federal Savings Bank 401 Plymouth Road, Suite 400 Plymouth Meeting. PA 19462 Parcel Number: 13-23-0561.056 16pace Abore This Lim For Recording Data] MORTGAGE LOan Number: A05022055 f >, DEPINMONS 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 24, 2005 together with all Riders to this document. (5) "Borrower" ia/ DAVID W. SNOOP ND JENNIFER L. SNOOP Borrower is the mortgagor under this Security Instrument. (C) "Linda" is Wilmington Finance, a division of AI6 Federal Savings Bank Lender is a Federal Savings Bank V?? APR 01'2005 lU? PMNSYLVAM - Single Family - Fannie MeeJFraddie Mao UNIFORM INSTRUMENT Form 3039 1101 6(PA) moat Irof II?"tr . P 10 T??tII{wt vMP MORTMal F000 -1:)52 91 ?'+? CD3iA2 A BK 1901 PG 1091 ExhIb'It orpnized and existing under the laws of United States of Amerl ca Lender's address is 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Lender is the mortgagee under this Security Iomument, (D) "Note" means the promissory note signal by Borrower and dated March 24, 2005 The Note stares that Borrower owes Lender One Hundred Thirty-One Thousand Mt no Hundred Twenty A 00/100 Dollars N.S. $131.920.00 ) plus interest. Borrower has promised to pay this debt in regular Paiodic Payments and to pay the debt in full not later than Apri 1 01. 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property.. (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and law charges due under the Note. and all scans due under this Security Ltsaumcnt. plus interest. (G) "Riders" means all Riders to this Security Instrument that ace executed by Borrower. The following Riders are to be executed by Borrower [check box as applicablel: © Adjustable Rate Rider ? Condominium Rider El Second Home Rider ? Balloon Rider ? Planned Unit Development Rider 1-4 Family Rider ? VA Rider 0 Biweekly Payment Rider ID Other(s) [specify) (l) "Applicable Lea" means all controlling applicable federal. state and local statutes, regulations, ordinances and administrative rWes and orders (that have the effect of law) as well as all spplicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Am essai nts" means all dues, fees. assessments and other charges that arc iniposed on Borrower or the Property by a condominium. association, homeowners association or similar organization. (J) "Electronic Fronds Tramafer" means any transfer of Rinds, other than a transaction originated by cheer. draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instranw, computer, or magi ttic tape so as to order, insaw, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated fella machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse [ranters. (K) "Escrow Items" means those items that are described in Section 3. (L) "Misedianeous 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 S) for; (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or oarissions as to, the value and/or condition of the Property. (hD "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. ft 2 PA) mmi P"o. s of to Form 31039 1101 DD&PA 8K1901PG1092 nignmr a.x t (O) "RLSPA" means the Real Estate Settlement Procedures Aux (12 U.S.C. Section 2601 at seq.) and its impihnentins regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to dim. 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 am imposed in regard to a 'federally related mortgage loan" even if the Loan does not qualify as a 'federally related rortgage loan' under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Secuity Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument saarres to Leader. (i) the rgnryment of the Lour. and all renewals, extensions and modifications of the Note; and (ii) the perforan = of Borrower's covenants and agreements under this Security Instivment and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following dewibed property located in the County f1h a of ltmrdies lorbaiaim] Of CtMERLAND IN&- of Reoordnj Jurbdkd=]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 5223 ETON PLACE MECHANICSBURG ("Property Address"): ISaeell (Ciel, Pemrsylvania 27055 CUP Cak1 TOGETHER WITH all the improvements now or hereafter ever ed on the property, and all easements. appurtu mxes. and futures 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 referrW to in this Security Instrument as the "Property.. 4k-NPA) wooer 00"M BOX( 1901PG1093 M9 P.e. 3 wt 1B Form 3038 Vol BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is uoeacurabered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. object to any wacumbranoes of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and son-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real ply. UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal, interest, Farrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on. the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay finds for Escrow Iterns pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Leader 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 edrecle, treamm's check or cashier's check, provided any such check Is drawn upon an institution whose deposits ant; insured by a federal agency. instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the locution designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section'15. Leader may rearm any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partiral payment insnfficie w 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 Larder sad not pay interest on unapplied funds. Leader may hold such uoapplied funds until Borrower makes payment to bring the Loaf, currant. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or remm them to Borrower. If not applied earlier, 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 pa*rming 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 Fender 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 each Periodic Payment in the order in which it became dire. Any remaining amounts shall be applied first to late charges, second to any other amounts due tender this Security Instrument, and then to reduce the principal balance of the Note. If Leader receives a payment (ran Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, 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 tNPA) mm M. + e1 s Fenn 31138 1101 DD"A2 8K 1901 PG 1094 0:30 Vain 1L/J"i nignm-r ax paid In lull. To the extant 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 ptepaytnents shall be applied first to any papaymtent charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Pmc w& 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 Ilecrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fill, 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 enctmabxance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insuratxoe required by Lender under Section 5: and (d) Mortgage Insurance pn nduma, if any, or any sums payable by Borrower to lender in lieu of the payment of Mortgage Iatttranee premiums in accordance with the provisions of Section 10. These items art: called "Escrow Items." At origination or at any tune deft the term of the Loan, Lender may require that Community Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such dens, fees and assessments shall be an Escrow Item. Borrower shall promptly fttrmish to Leader 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 Escrow Iran. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver any only be In writing. In the event of such waiver, Borrower shall pay directly, when and when payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Leader rind, if I mder requires, shall furnish to Lender receipts evidencing such payment within such time period as lender may require. Borrower's obligation to maybe such payments and to provide receipts shall for all purposes be decreed to be a covenant and agreement contained in this Security Instrument, 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 Leader any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 arid, upon such revocation, Borrower "I pay to Laufer all Funds, and in such amounts. that we then required under this Section 3. Lender may, at any time, collect and hold Funds in am amount (a) suffncicet to permit lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of currcat data and muontable estimates of expenditures of future Escrow Item or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits arc insured by a federal agency, instrumentality. or entity (inhaling Lem, 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 lam than the time specified under RESPA. Lender shall trot charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless tender pays Borrower interest on the Funds and Applicable Law permits Lewder 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 Furls. Borrower and Lender can agree in writing, however, that interest (OV PA1 =ou ww 6 of ,. Form 3039 1101 ooa.e+at 160% 1 -9 01 PG 10 9 5 igal P6a- an shall be paid on the Funds. Leander shall give to Borrower, without charge, an annual accounting of the Finds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrowa for the emtcesa funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender dm notify Borrower as required by RFSPA, and Borrower shall pay w 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 Punds 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 deficiency in accordance with RBSPA, 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. Borrower shall pay all farces, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Scanty Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees. and Assessments. if any. To the extern that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge soy lien which has priority over this Security Insnvment unless Borrower: (a) agrees in writing to the paynuxt of the obligation seared 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 Has in, legal prooeedings.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; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instromeat. 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, Borrower shall satisfy the lien or take one or more of the actions set fords above in this Section 4. Lender nay require Borrower to pay a one-time charge for a real estate in verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existiutg or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage,' and arty other hazards including, but not limited to, earthquatm and floods, for which Linder 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 tern of the I-am The insurance carrier providing the insurance shall be chosen by Borrower subject. to Lender's right to disapprove Borrower'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, ratification and tracking services: or (b) a ore-time charge for flood zone determination and certifica ion services and subsequent charges each time remappimgs or similar changes occur which reasonably might affect sect determination or certification. Borrower 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 mulling from an objection by Borrower. O`R ftWAI OWN rag e w ma Fenn 3038 trMt roam pKWHOIFG1096 If Borrower fails to maintain my of the coverages described above, [render may obtain insurance coverage, at Lender's option and Borrower's expensc. Lager is under no obligation to purchase any particular type no amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protea Borrower. 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. Borrower 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 Lender under this Section S Shan become additional debt of Borrower secured by this Security Instrument. These amounts sheen 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 Leader 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 Lender as mortgagee and/or as an additional loss payee. Larder shall have the right to hold the policies and renewal cer ifhcates. 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 requited by Lender, for damage to, or destruction of, the property. such policy shall include a standard mortgage clause and shall name leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance c adcr and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree 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 restonttion period, Lender shall have the right to hold such insuratxx proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Iender'a 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 paymetua 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 earnings on such proceeds, Fees 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 nwtorstion 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 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available ir>surana claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance terrier has offered to settle a claim, then L coder may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Fender 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 stmounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) 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 either to repair or restore the Property or to pay amounts unpaid under die Note or this Security instrument. whether or not than due. 4WPAI W Wo Pere 7 of 16 Form 3039 1101 00"AZ BK 1901 PG 1097 un.ase nome r inance G / 1 / U / rcigntir dx 6. Oceupwney. 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 Borrower's principal residence for at least one year after the data of occupancy, unless lender otherwise agrm in writing, which consent shall not be owasonably withheld, or unless ext=adttg cittuntstanoea exist which are beyond Borrower's control. 7. Presenstdon, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, dtmatge or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is deteru*wd pursuant to Section S that repair or restorWou is not economically feasible. Borrower sbali 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 orgy if Lender has released proceeds for such purposes. Leander may disburse proceeds for the repairs and restoration in a single payment or in a series of prow= payments as the work is convicted. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is rot relieved of Borrower's obligation for the completion of such repair or restoration. Leader 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 ad interior inspection specifying such reasonable cause.' S. 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 Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Leader (or failed to provide Under with material information) in connection with the Loan. Material tepresentations include. but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Proteetlan of Leader's h t vd in the Property cad throb Under this Security IaWaumeni. if (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) Were is a legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bsutluuptcy, 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, theft Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security irtatramnont, including protecting and/or assessing the value of the Property, and securing and/or repairing the hop". Lender's actions can include. but are not limited to: (a) paying any stuns soured by a lien which has priority over this Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrumeot,•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 door and windows, drain water from pipes, elimins building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may tako action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 41MVPA) OWN pw s or is Foram 3038 1/01 DO"Ai 8K!9.0.1PG1098 hightYax Any arnounts 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 payer. If this Security Instrument is on a Icaschold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee tide 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 man, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make sq mmdy designated payments toward the premiums for Mortgage Insurance, Borrower 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 Mort" Insurance previously, in effect, from an alternate mortgage usurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender die amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lender wig accept, use and retain time payments as a non-refixodable loss reserve in lieu of Mortgage Insurance. Such Iota reserve shall be nontrdundable, notwithstanding the fact that the Loan is ultimately paid in full. and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the period that Leader requires) provided by an insurer selected by Leaden again becomes available, is obtained, and Larder requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to maize 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 retphement for Mortgage Inanuce ands in accordance with any written agreement between Borrower and Lender providing for su& 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 Leader (or any entity that purchases the Note) for certain losses it may inert if Sorrows does not repay the Loan as agreed. Borrower is not a perry io the Mortgage Insurance. Mortgage insurers evahtate 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 Iona. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and die other party (or parties) to these agreements. These agreements may require the mortgage insurer to make is using any sour of funds that the mortgage insurer may have available (which may Include fiord obtained from Mortgage Insurance premiums). As a result of rinse agreacents, Leander, any purchaser of the Note, another insurer, any rebwarer, 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 Borrower's payments for Mortgage Insurance, in cxcbam for shiring or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a shim of the insurer's risk In exchange for a share of the premiums 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 Iusueanee, or any other terms of the Loan. Such agreements will not increase the amount Borrower will ova for Mortgage Insurance, and they will not entitle Borrower to any refund. WNS ®0-CPA) locos) pope of is Form 30M 1ro1 VWAr eK 1.901 PG 1099 c:nase (b) Any such agmements will not affect the rights Borrower bas - If are - with respect to the Mortp6e Insurance wider the Homeowners Pratectian Act of 1998 or my other law. I Mme rights may Include the right to receive retests disclosures, to request and obtain cancellation of the Mortgage Insinu oe, to have the Mortgage Insurance terminated automatically, and/or to receive a rdtind of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Asoig anent of blimcellancous Proceeds; Forfeiture. All Miscellaneous Proceeds ate 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 a economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shell have the right to hold such 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 repay is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the soma secured by this Security Instriums, whether or not then date, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total tatting, destruction, or loss in value of the Property, the Miscellaneous Pwcwb shall be applied to the saris 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 Borrower and Lender otherwise agree in writing, the sou secured by this Security Instrument sMali be reduced by the amount of the Miscellaneous Prootcds multiplied by the following function: (a) the total amount of the sums secured immediately before the partial tatting, destmction, 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 the partial taking, destitution, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value. unless Borrower and Lender ofrwise 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 Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower falls to respond to !.ender within 30 days after the date the notice is given, Lender is authorized to called 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 own Borrower Miscellaneous Pmoeeds 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 be lm 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, it acceleration has occurred, reinaaue as provided in Section 19, by causing the action or proceeding to be Ck-6IPAt moon ho. ion as Fo1en 3009 1101 00"A= .9K1901PG1100 unase home r finance Li 1/ U'! U : 3hi PAUE 18/38 xightr-ax dismissed with a ruling that, in Londa's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrutnent. The proceeds of anq award or claim for damages that arc attributable to rho impairment of Undoes interest in the Property ate hemby sniped and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Wakes. Extension of the time for payment or modification of arrortiration of the an= secured by this Security Instrument prod by lender w Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Succesaars in lowest of Borrower. 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 modll? amortization of the !auras secured by this Security Instnanew by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbm=m by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons. entities or Successors in Interest of Borrower 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; C944M s; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower 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. pant and convey the co-signer's unarest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pry the tarns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend. modify, forbear or make any accommodations with regard to the teams of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bormwe es obligations under ibis Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability tender this Security Instrument unless Lender agrees to such release in writing. The covenants and agreemerus of this Security instnunent shall bind (except as provided in Section 20) and benefit the tiuceesson and assigns of Lender. 14. Loan (MW. Lender may charge Borrower fees for services performed in connection with Borrower's default, fa the purpose of protaxing Lender's interest in the Property and rights under this Security Instnanent, including, but not limited to, attorneys' fees, property inspection and valuation fees. Im 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 darging 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 pemdued limits. then: (a) any such loran charge :loll be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. I.andea may choose to male this refund by reducing the principal owed under the Note or by making ¦ dices payment to Borrower. 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 waiver of any right of action Borrower might have arising out of such over------: 15. Notices. All rmticxs 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 demand to jt? qk-;IPA) io ) ray. 11 or is Font 3038 1101 DDa.?A2 BK 19 01 PG 1101, unase rtignt:r ax have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other awn. Notice to any one Borrower 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 shag promptly notify Lender of Borrower's change of address. If Lender specifin a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument a any are time. Any notice to Leader shall be given by delivering it or by tailing it by fast class mail to Leader's address stated herein udess Lender has designated another address by notice to Borrower. Any notice in connexion 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 regdred tinder Applicable Law, the Applicable Law regnirament will satisfy the corresponding requirement tinder this Security Instrument. 16. Gove mb g Law; SevemblUty; Rules of Construction. This Security Instrument shall be goverr" by federal law and the law of the jurisdiction in which the Pwpe ty is located. All rights and obligations contained in this Security Instrument ate subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the panties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that say provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument, (a) words of the masadine gender shall mean and include corresponding neuter words or words of the fe ninine gender; (b) words in the singular shall mean 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 Ow ]Property or a Bendkial Interest in Borrower. As used in this Section 18, 'Interest in the Property' means any legal or beneficial 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 Borrower at a future date to a purchaser. If all or any put of the Property or any Interest in the Property is sold or tea awed (or it Borrower is not a natural person and a beneficial interest in Borrower is add or transferred) without Larder's prior written consent, I.ader may require immodiate 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 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 15 within which Borrower must pay all rums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any tsmedits permitted by this Security Instrument without further notice or demand an Borrower. 19. Borrower's hiA& to Reinstate Allier 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 poww of note contained in this Security Instrument; (b) such other period as Applicable Law might specify for the terminadon of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. now conditions are that Borrower. (a) pays !.ender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) dares any default of any other covenants or 4?6" OVPAi mm fp" 1r W ms Faro 9038 1101 oe"u 81K 1901PG1102.. V 11Q.7 0 wpanents; (c) pays all expenses incurred in aforciug this Security Instrattent, including, but not limited to, reasonable attorneys' fees, property Inspection and valuation fees, and other fees incurred for the purpose of protecting I order's intact in the Property and rights under this Security lnspnnnem; and (d) takes such action u lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligatiott to pay the sums sewed by this Seatrity Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement stems and expeasea in one or morn of the following forms, as selected by Leader. (a) cash; (b) matey order. (c) certified chock, bank check, treasurer's check or cashier's cluck, 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 rciuststaaeat by Borrower, this Security Irutram m and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servlc r; 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 'Ion Service") that collects Periodic Payments due under the Note and this Severity Instru not and performs other mortgage loan servicing obligations under the Note, this Security lasnumeat, and Applicable Law. 7U m also might be one or mere changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Se:rvieer. Borrower will be given written Notice of the change which will state the nume and address of the new Loan Serviccr, the address to which payments should be made and any other information PMSPA regtdm in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loess is serviced by a Lose Services 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 5ervicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may oortaneoco, join, or be joined to any judicial action (as either an individual litigant or the nnanber 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, or any duty owed by reason of. this Security Imminent, until such Borrower or Lander has notified the other party (with such notice givers in compliance with the requinxnems of Section M of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deeand to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to care given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be defined to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hasardons Sub . As used to this Section 21: (a) "Hxmdous Substances" are those substances defined as toxic or ba zdm substances, pollutants, or wastes by Envitournental Law and she following substances: gasoline, kerosene, other fla n nable or toxic petroleum products. toxic pesticides and herbicides. volatile solvents. materials containing asbestos or fomaaldehyde, and radioactive materials; (b) ."Environnremal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Enviromuntal Cleretntp' includes any response action, remedial action, or rernoval action, as defined in Environmental Law; and (d) in 'Environments] Condition' means a condition that can cause, contribute to, or otherwise trigger an Envirommental Cleanup. -O(PA) moan r r 12 a to iq%-ef Finn 3039 1101 ooa.?,2 BK1901PG 1103, Borrower shall not cause or permit the presence, use. disposal. storage, or release of any Hazardous Substances. or threaten; to release OW Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone on to do, anything affecting the property (a) thu is in violation of any Environmental Law. (b) which creates an Environmental Condition, or (c) which, due to the prose=, use, or release of a Hazardous Substance. creates a condition that adversely affects the value of the Property. The prtoedittg two setteaces 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 (includes, 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 Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to. any spilling, leaking, discharge, release or threw 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 govcrrimeatai or regulatc?y authority, or any private patty, tbat any removal or other remodiation of any HaaNow Sit afhcting the Property is necessary, Borrower shall promptly take all necessary reaiedhal actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Clewrop. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Aeedeeation; Remedles. Lender shall give notice to Borrower prior to acederatloo following Borrower's breach of any covenant or agreement in this Security lmbreanent (but not prior to acceleration sender Section 15 unless Applicable Law provides otherwise). Lender dwo no ft Borrower of, among other things: (a) the ark; (b) the action required to core the deradt; (e) when the default roust be cured; and (d) that fhnmre to cure the ddW& as specified may remit In umbration of the smm Secured by this Security Instrument, foreclosure by Judidal proceeding and sub of the Property. Lender dual further lufbroa Borrower of the right to reinstate after acceleration and the right to assent In the foreclosure proceeding the non-existence of a default to any other defense of Borrower to accderatian and fore losture. If the default is not cared as speafied, Lmder at its option may require gate payment in full of au sums secured by this security lostrument without finrthcr demand and may foreclose this Security Instrument by Judicial proceeding. Linder shall be entitled to collect an e:pentws incurred In pursdog the remedes provided in this Secdon 22, including, but not limited to, attorneys' free and coats of title evidence to the extent permitted by Appnanble Law. 23. Release. Upon payment of all suns secured by this Security Instrument. this Security Imo nnan and the estate conveyed shall terminate and become void. After such occurrence, lender shall discharge and satisfy this Security Instrument. Borrower shell pay say recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third pasty for services rendered said the charging of the fee is permitted under Applicable Law. 24. Waivers. Bormwer, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefut of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale. and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security bstrome t. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage. 27. Iailerasl Rate After Judgment. Borrower agrees that the interest rate payable after a 'tudgitsent is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from to time under the Note. ft IPA) cocoa an 1401 If Form 3039 1101 ooe.r?? 01%] 90 .t PG 1 10 4 ?. aiaac ilv?ilG T 111Q111iC G/ 1/ V / O : a o emuz GG/ a "I nignzrax BY SIGNING BELOW, Borrower acocM and Wees to the terms and covesmu contained in this Sem ity Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: i (sal) OAVIO W. SHOOP 1? L. OOP -(Seal) (Sed) -smro" ` .BM"Wa - (Sal) - (Sed) -Borrower (Sell) (SM) 41onowa 430nower evPA) mm DD"A; hse in of is Form 3039 1101 BK-190 1 PG 110 5 Ca incate o7 2mddmm- . i, ?,?, lam. , do hereby certify that the correct o the within-os A Mo yon" «.X 40 Witness hand this of 07yo Aa t A oas?? J9Y?O YU46-9- APP OMOM8969 COMMONWEALTH OF PENNSYLVANIA, Coooty S: On this, the C;0?0?4K day of IWAA-iC A V o o s before me, the undersigned officer, personally appeared lmown to the (or satisfactorily proven) to be the person(s) whose mate(s) is/am subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I her mm set my hand and official seal. My Commission Expires: NOTARIAL SEAL VICKIE R WELKER. Notary Pubic Camp Hill Dom., Cwbalami Cpwty My Commission Expires March 4, 2007 nigh t.r ax First Amadc an Title Insurance Company Commitment Number: 05055 SCHEDULE C PROPERTY DESCRIPTION The land referred 10 In this Commitrnent is described as follows: ALL THAT CERTAIN piece or parcel of land situate in Lower Alton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northerly side of Eton Piece, which potr?t is 377 feet in a westerly direction from the northwest comer of Cambridge Drive and Eton Place at the dividing Ilne between Lot Nos. 4 and 5, Block L, on the hereinafter mentioned Plan; thence by Eton Place South 80 degrees 20 minutes West 77.14 feet to a point; thence continuing along Eton Place, by an are curving to the left having a raduis of 520 feet, an arc distance of 286 feet to a point sit the dividing One between Lot Nos. 5 and 6, Block L of the Plan; thence by said &MIng line North 09 degrees 58 minutes 55 seconds West 105.01 feet to a point at the dividing line between Lot No. 5, Block L of the Plan and Lot No. 18, Block L. Windsor Park, North 80 degrees 20 minutes East 80.58 fast lo a point at the dividing line between Lot Nos. 4 and 5, Boook L of the Plan; thence by said dMding line South 09 degrees 40 minutes East 105 feet to a point on the northerly side of Eton Place, the place of BEGINNING. BEING all of Lot No. 5, Block L, Plan 7, Orchard Crest Manor, alkle Windsor Park, which plan is recorded In the Cumberland County Recorder's Office in Plan Book 20, Page 25. HAVING thereon erected a two story brick and aluminum siding dwelling with attached one car garage known and numbered as 5223 Eton Place, Mechanicsburg, PA. BEING THE SAME PREMISES which Margaret A. Hepfer, Ma Magnet A. Richards and Benjamin E. Hepfer, wife and husband, be deed dated July 2, 1985 and recorded July 15, 1985 In the Cumberland County Recorder of Deeds Office in Deed Book 7, Volume 31, Page 226, granted and conveyed unto Suzanne H. Graham. The said Suzanne H. Graham has become Intermarried with Donald I. Gonser, who joins in this conveyance. ALTA Conn twt Schedule C (05055/050MO) SKI 901 PG 1107 IJ . i _CZ) r- C71 "TI co ?5m SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00877 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHOOP DAVID W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHOOP DAVID W but was unable to locate Him in his bailiwick. He therefore returns the /Y hffT T T TTTT TR(1DT vnuv the within named DEFENDANT 5223 ETON PLACE MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. DEFENDANT LIVES IN MA. Sheriff's Costs: Docketing 18.00 Service 8.80 Not Found 5.00 Surcharge 10.00 .00 31b?IOr1?" ? 41.80 SHOOP DAVID W , NOT FOUND , as to So answ R. Thom Sheriff of Cumberland County MCCABE WEISBERG CONWAY 02/26/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00877 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHOOP DAVID W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHOOP JENNIFER L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SHOOP JENNIFER L 5223 ETON PLACE MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. DEFENDANT LIVE IN MA. Sheriff's Costs: So answe S Docketing 6.00 Service .00 / -? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 3) o8?e 1 ? 21.00 MCCABE WE I SBERG CONWAY 4- 02/26/2007 Sworn and Subscribed to before me this day of A. D.