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Mortgage arc attached hereto, marked Exhibit "A & B" respectively and mude a purt hereof by
reference thereto, It is noted that the Mortgage was recorded in and for the Office ofthe Recorder
of Deeds of Cumberland County in Mortgage Book 889, Page 493,
5, The said Defendants did fail or refuse to pay in a timely manner the monthly
installments due commencing July, August and September of 1997 and have failed and/or refuse to
thereafter make all full payments on the obligation since said date, It is noted that payments have
been received since that date although the obligation is presently in default for payments due January
I, 1998 and February J, 1998,
6, Pursuant to the terms of the Note, the full amount became due and payable July 2,
1997,
7, Thereafter, on or about September 17, 1997, Fulton Bank, did send the Defendants
Notice of Intention to Foreclose pursuant to Act 6 and Notice of Defendant's Rights Under the
Homeowner's Emergency Mortgage Assistance Program, A true and correct copy of said Notices
are attached hereto, collectively marked Exhibit "C" and made a part hereof by reference thereto,
8, There is presently due on said Note, the following amounts:
Principal $61,270.39
Interestthrough 2-19-98 $ 1,124,83
Expenses & Late Charges $ 44 50
Total Now Due $62,439,72
It is further noted that there is a per diem on said principal 01'$14,27 after February 19, 1998,
9, As provided in the Note, a reasonable attorneys fee of $1 ,500,00 is also demanded,
10, Fulton Bank did send to Defendants a further Demand Notice on December 12,
J 997 containing another copy of the September 17, 1997 Notice, A true and correct copy of said
further correspondence of December 12, 1997 is attached hereto, marked Exhibit "D" and made a
part hereof by reference thereto,
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EXHIBIT A
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ADJUSTABLE RATE NOTE
(I Yur Treasury Index-Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT, THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
DECEt>IBER 8
, 19 87
l..\NCASTER
ICily I
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PENNSYLVANIA 11070 /7vl( t--"
(Property Addres'l C;.J
PENNSYLVANIA
(5111e'
3114 YALE AVENUE, CANP HILL,
I. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U,S, S 69600.00 (lhis amount is called
.principal"), plus interest, to the order of the lender, The lender is FULTON BANK. P.O. BOX 4887,
LANCASTER, PENNSYLVANIA 17604
1 understand thatlhe lender may transfer this NOle. The lender or anyone who lakes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder,"
1. INTEREST
Interest will bg chefjled on unpaid principal until the full amount of principal has been paid, I will pay interest at a
yearly rate of . ;) %. The intercst rate I will pay will change in accordance with Section 4 of this Note,
The interest rate required by this Section 2 and Section 4 of this Note is lhe rale I will pay both before and arter any
default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place or Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the first day of each month beginning on FEBRUARY 01 .
19 88 I will make these payments every month until I have paid all of the principal and interesl and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If.
on JANUARY 1 . 2018, I still owe amounts under this Note, I will pay those amounts in full on lhat
date. which is called the "maturity date."
I will make my monthly paymenls at FULTON BANK
place if required by the Note Holder.
(B) Amount or My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U,S, S
(C) Monthly Payment Chanlles
Changes in my monthly payment will renect changes in the unpaid principal of my loan and in the i.nterest rale that I
must pay. The NOle Holder will delermine my new interesl rate and the changed amount of my monthly payment in
accordance with Section 4 of this Note. '
. or at a different
535. 1 i
This amount may change,
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Chlnge Dates
The interest rate I will pay may change on the first day of JtjNE ,19 89 ,and on that day
every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Dale. my inleresl rale will be based on an Index. The "Index" is the weekly average
yield on United Slates Treasury securities adjusted to a constant maturity of I year, as made available by the Federal
Reserve Board, The most recent Index figure available as of the date 4S days before each Change Date is called the
"Current Index."
ACCO~~ =:9031114453
MULTlSTATE ADJUSTABLE RATE NOTE-ARM 5-2-5in910 Family-Fannie Mae/Freddie Mac Uniform Inatrument
Form 3502 3/B5
~'8221870JI
VMP MORTGAGE FORMS' 43131293-8100 . 1800I!l21 1~91
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rr the Inde~ Is no longer av.".ble, Ihe Note Holder wil\'choose a new in ,which is based upon comparable
Inrormatlon. . The Note Holder will give me notice Jlr this <:holce, .
(C) Caleulallon or Chanlcs
Berore each Change Date, the Note H~ld5b.\"1II calculate my new interesl rate by adding 2.500
percentage points ( . ".t,) 10 Ihe Currenllnde~, The Note Holder willlhen round Ihe result
of thlsaddltlon to the nearest one-eighth or one percentage point (0,125%). Subjecl to the Iimlls stated in Section 4(0)
below, this rounded amount will be my new inleresl rale until the ne~1 Change Date.
The Note Holder will then determine the amount or the monthly paymenl that would be sulficient 10 repay the
unpaid prlncipallhal I am e~pected 10 owe allhe Change Date In rull on the malurlty date al my new interest rale In
substanllally equal payments, The result or Ihis calculation will be the new amount or my mo.nlhly paymenl,
( D) Limits on Inltresl Ralc Changcs
Td'eJBlrest rate I am required to pay at the first Change Date will not be greater than 10.500 % or less Ihan
. I) %, Therearter, my interesl rale will never be increased or decreased on any single Change Date by more
Ihan IwO percenlage points (2,0%) rrom Ihe1~t%8binterest I have been paying ror the preceding Iwelve monlhs, My
inleresl rale will never be grealer than . %,
(E) Elfcclhc Dalc or Changes
My new Intercsl rale will becomc effeclive on each Change Date. I will pay the amount or my new monlhly paymenl
beginning on the firsl monlhly paymenl date arter Ihe Change Date unlillhe amounl ~r my monlhly payment changes
again,
( F) Notlcc or Changes
The Note Holder will deliver or mail to me a notice or any changes in my interest rate and the amount or my monthly
paymenl berore the effective date or any change, The nOlice will include inrormation required by law to be given me and
also the litle and telephone number or a person who will answer any question I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have Ihe righl to make payments or principal at any time berore they arc due, A paymenl or principal only is
known as a .prepayment." When I make a prepayment, I will tell Ihe Note Holder in writing that I am doing so,
I may make a rull prepaymenl or partial prepaymenls without paying any prepayment charge, The Note Holder
will use all or my prepaymenls to reduce the amount or principal that I owe under this Note, If I make a partial
prepayment. there will be no changes in the due dates or my monthly payments unless the NOle Holder agrees in writing
to those changes, My parlial prepayment may reduce the amount or my monthly pay men Is arter the first Change Date
rollowing my parlial prepayment. However, any reduction due 10 my partial prepayment may be offsel by an interest
rate increase,
6. LOAN CHARGES
If a law, which applies to Ihis loan and which sets ma~imum loan charges. is finally interpreted so that the interest or
other loan charges collected or 10 be collected in conneclion wilh this loan e~ceed the permilled limits. Ihen: (i) any such
loan charge shall be reduced by the amount necessary to reduce Ihe charge 10 the permilled limit: and (iI) any sums
already collecled rrom me which e~ceeded permilled limits will be rerunded 10 me, The Note Holder may choose to
make this rerund by reducing Ihe principal I owe under this Note or by making a direct payment to me, Ir a rerund
reduces principal, the reduction will be treated as a partial prepayment,
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A I Late Charges ror Overdue Payments
FIFTEEN
If the Note Holder has not received Ihe rull amounl or any monthly paymenl by the end or
ca~n~erodays arter the dale it is due. I will pay a late charge to the Note Holder, The amounl or the charge will be
. % or my overdue payment or principal and interest, I will pay this late charge promptly but only once on each
late paymenl,
( B) Derault
If I do not pay the rull amount or each monthly payment on the date It is due, I will be in derault.
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(C) Notice or Deraull
Ir I am in derault, the Note Holder may send me a wrinen notice lelllng me Ihat ir I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay Immediately the rull amount or principal which has nol been
paid and all the inlerestthatl owe on that amount, That date must be at least 30 days arter the date on which the notice
is delivered or mailed to me.
( D) No Waher By Note Holder
Even ir, at a time when I am in derault, Ihe Note Holder does not require me to pay immedialely in full as described
above. the Note Holder will stili have the right to do so ir I am In derault at a later time,
( E) Payment or Note Holder's Costs and Expenses
(hhe Note Holder has required me to pay Immediately in rull as described above, the Note Holder will have the right
to be paid back by me ror all or its costs and expenses in enrorcingthis Note to the extent not prohibited by applicable law,
Those expenses include, ror example, reasonable anorneys' rees,
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing It by first class mail to me at the Property Address above or at a different address ir I give the
Note Holder a notice or my different address,
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address ir I am given a notice or that different
address,
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ir more than one person signs this Note, each person is rully and personally obligated to keep all orthe promises made
in this Note. including the promise to pay the rull amount owed, Any person who is a guarantor, surety or endorser ohhis
Note is also obligated to do these things, Any person who takes over these obligations. including the obligations or a
guarantor, surety or endorser or this Note, is also obligated to keep all or the promises made in this Note, The Note
Holder may enrorce its rights under this Note against each person individually or against all or us together, This means
that anyone or us may be required to pay all or the amounts owed under this Note,
10. WAIVERS
I and any other person who has obligations under this Note waive the rights or prcsentment and notice or dishonor.
"Presentment" means the right to require the Note Holder to demand payment or amounts due, "Notice or dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid,
11. UNIFORM SECURED NOTE
This Note is a unirorm instrument with limited variations In some jurisdictions, In addition to the protections given
to the Note Holder under this Note, a Mortgage. Deed or Trust or Security Dced (the "Security Instrument"). dated the
same date as this Note, protects the Note Holder rrom possible losses which might result ir I do not keep the promises
which I make in this Note, That Security Instrument describes how and under what conditions ( may be required to
make immediate payment in rull or all amounts I owe under this Note, Some or those conditions are described as rollows:
Transrer or the Property or a Beneficial Interest in Borrower, Ir all or any part or the Property or any
interest in it is sold or transrerred (or ir a beneficial interest in Borrower is sold or transrerred and Borrower is
not a natural person) without lender's prior wrinen consent, lender may. at its option, require immediate
payment in rull or all sums secured by this Security Instrument, However, this option shall not be exercised by
lender ir exercise is prohibited by rederallaw as or the date or this Security Instrumenl. lender also shall not
exercise this option ir: (a) Borrower causcs to be submined to lender inrormation required by lender to
evaluate the intended transreree as ir a new loan were being made to the transreree: and (b) lender reasonably
determines that lender's security will not be impaired by the loan assumption and that the risk or a breach or
any covenant or agreement in this Security Instrument Is acceptable to lcnder,
To the extent permined by applicable law, lender may charge a reasonable ree as a condition to lender's
consentto the loan assumption, lender may also require the transreree to sign an assumption agreement that is
acceptable to lender and that obligates the transreree to keep all the promises and agreements made in the Note
and in this Security Instramenl. Borrower will continue to be obligatcd under the Notc and this Sccurlty
Instrument unless lender releases Borrower in writing,
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Exhibit B
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ISp.ce Abo'fl Thl, L1n. 'or Rltordlnl D,I'I
MORTGAGE
TillS MORTGAGE ("S~J:utiIY h)str~.ment"lls gl'yen 11I\. llECEl'1BER 8'111
19 87 The IIIortgagor is mt;I"'EL ~, NEI.':iON, ' t. ANI> CYN'I1IIA ,\NN NEl..'lON,
I'ULTON BANIC C"norrower"), This Seeurily Inslnullenl is giyen In
, Il'hl~I.i!LllrJlartl.l:c_d and exlsling
ul~Uhe I~~tf TIlE STATE OF PENNSYl.vANIA ,and whose address is I',U, llOX '11l1l7,
CAS " PENNSYLVANIA 17604 C"L d "I
Uorl'i~l"owflfen~erthiirin~iils~mof SIXTY-NINE 'mOUSAND SIX HUNDRED AND OO/Ioo****i~*~**,
* *** ** *** ** * ** Dollars CU,S, $ 69600,00). This debl is eyideneed by norrower's nole
da!ed Ihe some dote os this SecurilJ,ffimwenlfJllffii'~' which provides for monlhly puymenls, with Ihe full dcbl, if not
paid earlier, due and payuble on I , ~ . This Seeurily Inslrument
secures 10 Lender: (0) Ihe repayment of Ihe debl eyldenced by Ihe Note, wilh inleresl, and ull renewuls, eXlensions alld
modi~calions; (b) Ihe payment of 011 other sums, wilh inleresl, udyunced under paragruph 7 10 prolectlhe seeurily oflhis
Securlly Inslrumenl; and Cc) Ihe performance of nor rower's coyellunls und agreemenls under Ihis Securily Inslrumenl and
Ihe NOle. For Ihis purpose, norrower does hereby morlgage, grunl und convey to Lender Ihe following described properly
I d' Wffirn~ .
oeale m Counly,I'ennsylyallla:
ALL 'I1IAT CBRTAIN tract or piece of land situate In the Borough of Camp Hill, Cumberland
County, Pennsylvania more particularly bounded and described as follows, to wit:
BEGINNING at a point on the NClrthern line of Yale Avenue, which point Is 210 feet West of
the Northwest corner of the Intersection of Yale Avenue and South 31st Street; thence South
86 degrees West and along the Northern lIne of Yale Avenue, a distance of 90 feet to a
point at the Eastern line of Lot No. 139 on Plan of Lots hereinafter mentioned, thence
North 04 degrees West and along the Eastern line of Lot No. 139 on Plan of Lots
hereinafter mentioned, a dis tance of 120 feet to a point on the Southern line of a 5 foot
alley; thence North 86 degrees East and along the Southern lIne of the aforesaid 5 foot
alley a distance of 90 feet to a point at the Western line of Lot No. 143 on the hereinafter
mentioned Plan of Lots; thence South 04 degrees East and along the Western line of Lot No.
143 on the hereinafter mentioned Plan of Lots, a distance of 120 feet to a point on the
Northern line of Yale Avenue, the point and place of BEGINNING.
BBING Lot Nos. 140, 141 and 142 on Plan of Lots known as Earllngton, said Plan being
recorded in Deed Book U, Volume 6, Page 600, Cumberland County Uecorder of Deeds
OCClce.
CONTINUBD ON EXHIBIT lA' ATTACHED HERETO AND MADE PART HEREOF BY
REFERENCE.
which has the address of 3114 YALE AVENUE
l;;>-ro'l7u1/ ~C
IZlp Cod.) (;t!
CAl'1P HILL
Pennsylyania
(Street)
C"Property Address");
(Cll,)
TOGETlIER WITH 011 the improvements now or hereafter erecled on the property, and all easemenls, righls,
appurlenances, renls, royalties, mineral, oil und gas righls and profils, WilIer righls IInd slock and 011 fiAtures now or
hereafler a port of the property. All replacemenls and additions shull also be covered by this Security Inslrumelll, All of the
foregoing is referred 10 in this Securily Inslrnment os the "Property."
BORROWER COVENANTS that norrower is lawfully seised of Ihe eslate hereby conveyed und has the righl to
mortgage, grant and convey the ProperlY and Ihat the ProperlY is unencumhered, e"cepl for encumbrances of record.
Borrower warranls und will defend generally the title 10 the I'roperty against ull c1uims und demands, subject to any
encumbrances of record.
TillS SECUP.ITY INSTRUMENT combines uniform covenants for nalional use and non-uniform COyenanls with
limited variations by jurisdiction loconslitule a uniform security instrumenl covering real property.
bOG~ Mm PAGE 4!J:J
PENNSYLVANIA-Single Famlly-FNMAlFHLMC UNIFORM INSTRUMENT
Form 3039 12/83
cD .6 fPAI 187041
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\1M" MORTOAGE fORMS' IJIJl19J 8100 . 160011:121.1291
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oUNlfOR'M CllVENANTS 1I0rrower ulld Lellder,euvella"J ulld a~ree os f'llluw" .
I, I'U)'menl or I'rlnclpal and Int~rest; Prepayment und LaIc Charges. Jlurrnwer shall prnmpII)' pay whell due
the prillclplll ufalld illleresl1111 Ihedehl evidellced hy Ihe Nllle lllld llll)' prepaYlIlell1 alld laic char~es due ullder Ihe NUle,
2, Funds rur Ta.es and Insurlln~e. SuhjecllII applicllhle IllW ur III a II rlllell wail er hy I.ellder, Illlrrllwer shall pa)'
III Lellder IIl1lhe day IIlUlllhl) pll)'lIlellls lire due ullder Ihe NUle, ulllillhe Nllle is paid ill 1',,11. II SUIIl ("hull"") equallu
olle.twellih IIf: (ll) yearl)' I".es ulld l"se"lIIellls which lIIay llllllill priuril) lI\er Ihis Security h"lrulllelll: (b) )'enrly
Jellsehold pll)lIIellls ur ~rnulld rellls 1lI1 Ihe I'ruperl)', if llllY; lei )'ellrl)' hl"ard it""rlIl1ce prellliulIls; lllld (d) )'ellrly
mnrlga~c in,uruncc flrcllliullh, ir UIl)'. Thc~c item, lire culled "c\"'row item,," I.clHll'r l11a~ c,lil1lUtc 1111..' ruml, due on Ihe
bu!ti!. ufcurrcl1l dUln tlml rcu\onuhlc c\.ilt1l1tc\ of J'UIUIt.' C\I,:rtIW lIell1\.
The FUlld, shllll he held ill 011 inslilulillulhe depusits or IIccolIlIlsofwhich IIn' illsllred III' ~lI11rnlllecd h)' a federnl or
stille ugelle)' (iududill~ Lellder if Lellller IS SUdlllll illSlillllioll), Lellder shllllllppll Ihe FlIlIl" 10 pa)' Ihe escrnw items,
Lellder IIIUY lIuI ehllr~e fur huhlill~ lllld upplyillg Ihe FUIIl", uUlll)'/UI~ Ihe llCL'llUlI1 ur \'eril)lII~ Ihe esernw ilellls, ullless
Lellder pays Ilurrnwer illleresl UII Ihe FUlIds lllld llPplicllhle IllW perlllits Lellder III IUa~e sudl II dlllr~e, Ilurrll\yer lllld
Leuder III11Y ll~ree ill \nilill~ Ihlll illleres' shllll he pllid Oil Ihe FUIIl". lIlIle" llll ll~leelllelll is lIl11de ur llPplicllhle luw
rccluircs Interest 10 he puhl. I.emler ,lIlIlIlIuI he requirelJl1I (lll)' lIurrnwcr UII)' illlcrcst IIr curnilllt, nil the Funds, l.ender
Nhllll ~i\'c In lIurfl,"'cr. wilhnut ellllf!!.C. nn tUlIlllnl uccuUlllillg Ilf Ihe Film), \lul\\'illl!. l.'n:dils urul dehil, In Ihe FUlIlb IIml Ihe
purpuse for which elleh dehillll the Fllllds WllS lII11de, The FUlld, ure pledged liS llddiliullal secllrity for the Slims seeurcd h)'
this Security 11I'lrulllelll.
Jrthe 1l1ll01l1l1 uflhe FUllds held hy Lellder, Ingelher wilh Ihe fUllIre IIIUlllhly paYlllclIl' of FUllds pllyuhle prior 10
Ihe due doles oflhe eseruw Itellls, Shllll e.eeed Ihe alllulIUI required III PllY Ihe escrow ilellls whell due, the e.cess shall be,
alllorrower's opliou, either prolllplly repuid In 1I0rrower ur credited 101l11rrnwer nlllllonlhly pllymellls of FUllds. If Ihe
amoulllof Ihe FUllds held by Lender is 1101 sufficiellllo puy the escruw ilellls whell due, lIurrnwer Shllll PllY 10 Lellder any
umounl necessary III mllke up Ihe deficiellcy illolle ur mure puymellls liS required hy Lellder.
UpOIl paymelll ill full of 011 SllIn, secured hy Ihis Securily Inslrulllelll, I.ender shull promplly refund 10 norrower
any Funds held hy Lender, If nnder puragraph 19 Ihe l'roperlY issold or ueqoired b)' Lender, Lender shull apply, no luler
thun immedialely prior 10 Ihe sule of Ihc I'roperlY or ils acquisilion by Lender, uny Funds held by Lender at Ihe lime of
application us u credit aguinsllhe sums secured by Ihis Securily Instrumerll,
3, Appllcallon of I'aymenls, Unless upplicable luw provides olherwise, ull pllymenls received by Lender under
paragraphs I und 2 shull he upplied: firSl, 10 lule charges due under Ihe Nole; second, 10 prepaymenl charges due under the
Note; Ihird, 10 amoullls puyubJe under purugraph 2; fnurlh, 10 inleresl due; und lasl, 10 principal due,
4, Charges; Liens. 1I0rrower sholl pay ulllu.es, assessmenls, churges, fincs and impositions allribulable 10 the
Properly which muy attain priorily oyer Ihis Securily Instrument, und lellsehold puymellls or ground rents, if any.
Borrower sholl puy Ihese obligulions in Ihe munner provided in parugruph 2, or if nUl paid in Ihalmanner, 1I0rrower sholl
puy Ihem on limc direclly 10lhe persollowed puymenl, lIurrower shull promplly fnrnish 10 I.endcr ull nOlice. ofumounls
to be puid under Ihis parugruph. If 1I0rrower mukes Ihese puymems direell)', lIorruwer shull promplly furnish 10 Lender
receipls evidencing the puyments,
norrower sholl promplly di,churge uny lien which hus priority oyer Ihi, SeeurilY Inslrumelll unless norrower: (01
agrces in writing 10 Ihe puymenl oflhc obligulion secured by Ihe lien in u muoner lIeeepluble In Lender: (b) conleSls in good
faith the lien by, or defends aguinst eoforeemenl of Ihe lien in, legul proceedin~' which in the I.ender's opinion operate 10
prevent the enforcemenl of the lien or fnrfcilure of any pari of the I'ruperl)'; or (cl secures frum Ihe holder of Ihe lien on
agreemenl sUlisfaclory 10 Lender subordinllling Ihe lien IOlhis Secnrily JllslrulIlenl, If I.ender del ermines Ihal any purl of
the Properly is subjecl III 0 lien which may ullain priority oYer Ihis Seeuril)' IO'lrumenl, Lender mu)' give norrower a
nOlice idelllifying the lien, Burrower shull salisfy Ihc lien or lakc one or more of lhe uClions sel forlh aboyc wilhin 10 days
of the giving of no lice,
5. Hazard Insurancc. norrower shull keep the improyemenls now eAisling or hereufler erecled on Ihe Properl)'
insured againsl Joss by fire, hazards included wilhin Ihe lerm "eAlended coveruge" und uny other huzurds for which Lender
requires insurancc. This insurance shull be muillluined in Ihe amounls and for Ihe periods Ihal Lender requires, The
insurance currier providing Ihe insurunce sholl be chosen by Borrower subjecl 10 I.ender's appruyul which sholl nOI be
unreasonably withheld.
All insurunce policies and renewals sholl be uccepluble 10 Lender and shull include u slundard mOrlgage clouse,
Lender sholl huye the righllo hold Ihc policies und renewu", If Lender requires, Burrower sholl promplly give to Lender
011 reccipts ofpuid premiums and renewul nOlices, In the evenl of loss, 1I0rrower shall give prompt nOlice 10 Ihe insurunce
carrier und Lender, Lender may make prnof of loss if nol mode promptly by norrower.
Unless I.ender and norrower olherwise lI~ree in wriling. in,urunce proceeds ,hull bc upplied 10 reslorution or repair
of Ihe I'roperly dumaged. if Ihe re'loralion or repair is econllmicully feusible und I.ender's securil)' is nOllesselled, If the
restoration or repair is 1101 economically feasible or lender's sccurily would be lessened. the insurunce proceeds shull b~
applied 10 Ihe sums secured by this Security InSlrumenl, whelher or 001 Ihen due, with un)' eAcess paid 10 1I0rrower. If
Uurruwcr uhandons the Properly. or docs nol answer within 30 duys u notice fwm Lemler IIHlt Ihe insurance carrier has
nni:rcd 10 sculc a claim. Ihell Lemler IIIUY cnllccllhc insurullcc proceeds. Lemler may use the proceeds 10 n:pair or restore
Ihe I'roperlY ur 10 puy sums secured hy Ihis Seeuril)' Inslrllmenl. whelher or nOlthen dlle, Thc 30,day period will begin
whenlhe nOlice is given.
Unless I.ender und 1I0rrower olherwise ugree in wriling, any uppliculion or proceeds 10 principal shall nol eAlend or
poslpone Ihe due dale oflhe monlhly puymenls referrcd 10 in paragraphs IlInd 2 or change Ihe umonnl oflhe paymenls. If
under parugraph 19 (he I'roperlY is ucquired by I.ender, 1I0rrower's righlln 11I\)' insurance policies und proceeds resulting
from damuge Illlhe I'roperlY prior 10 Ihe uequi,ition shull puss 10 I.ender tOlhe eAlenl oflhe sums secured by Ihis Secoril)'
InSlrnmenl immediulely prior 10 Ihe ucquisilion,
6. Jlrcscnutiun und 1\luintcnuncc uf Prupert)'; I.cuschnld!l. Ilnrrnwcr !<IhallllOl destroy, damage ur suhslUnliully
change Ihe Property. allm\' the ProperlY to deleriorule or commil \\'.Isle. If lhis Securily In!'llrument b on a leusehnld.
Borrower shall comply wilh Ihe provisions oflhe lease, and if Borrower ilcquircs rce lille 10 Ihe Properly,lhe leaschold ami
fee lille shull not merge unless Lemler agrces In Ihe mergcr in wrilill!=..
7. I'rutecllulI or Lender's IlIghts in the Propert)'; Murtguge losurllllee. If Ilnrrnwer fllils In perform Ihe
co\'cnanls ami agrcemenls conlained in this Securily Inslrumenl,llr Ihcre is illegul prncl:edin~ thai may sigl1ilicuully ufTccl
Lemler's righls in Ihe Properly (such U!ol a proceeding ill hankruph':)', prohale, fllr cUlldcmlHlliul1 or 10 enl~lrcc la\\'!ol or
rcltu)alions). thcn tender mil)' do and pa)' ror whalcver b necessar)' 111 prnleL't Ihe \'ollue or Ihc Property and Lender's righls
in Ihe Properl)', tender's uCliulIs milY include pu)'ing allY sums seL'ureu h)' 11 Iiell which hns priurit)' (l\'er Ihis Securit).
Inslrumenl, appearing in court, pu)'ing rcusonuhle utlurneys' rees nml enlering on lhe Propcrly In 111:1kc repairs, Allhnugh
tender may lakcucliun umlcr this parugraph 7, tcmlcr dnc!olnnl ha\'e lodo !tu,
An)' alllOUllls disbursed h)' I.emler under (his para!=.rnph 7 shull becumc mlditionul deht nf Burrower secured h)' Ihis
Security Instrumcnt, Unlcss Burrowcr ami Lender ugrce to uthctJcrll1!ol uf paymcnt, Ihesc unH1Unl!ol slmll bellr inlerest from
the dalc of disbur!otcll1cnl nl Ihc Note mle illld !othilll bc f'1il)'ublc, with illlerc"I, upon notiL'c from Lendcr In Burrower
rC4ucsting paymcnt.
bOll- hh~J l'AGf' 4!J4
~
,
.
.
,
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If Lender rcquircll morlgage insuruncc U!\ U cUllllitilll1 uf muking Ihe loan secured hy lhb Security Instrument,
IJnrrn\\'cr !olhull pay Ihe Itn:miurns required In maintain the insunlncc in em.'CI until Mleh lime liS lhe requiremenl Ihr 111I:
il1Mlntllcc lerminllles in uL'Clm,ll1lu:C with IJllrrnwcr's und ,-"cnder's wrilten ngrccmcnl llr .Ipplicuhlc law.
H. Inspectlun. I.ender Of ilS IIgenl 11I11)' make rcmmtlnblc cnlric!ol IIpun IIml inspections of the Prl1['1Crly. I.ender
shull gi\c IInrrn\\'cr IHllicc :lIthe lime ufor prior Illlln ill!lpcclinn specifying reasunahle l'UUl'lC fllf Ihe inspcclitHl.
9. CnndcmnutJun. The proceeds uf an)' nward or c1nirn fur dlll11ugcS. llire\.'l or consequelltial, ill connection wilh
un)' cnndcrnnlltiun IIr other Inking of nllY pari ur lhe Propcrt)', or tilr CUI1\'CYUIII.:C in licu of cnndeIHlI111iulI, urc hcreby
· assiglled IIl1d shllll he pllidlo Lellder,
III Ih~ eyelllol' II 10lallakillg nf Ih~ I'rop~r1Y, Ihe proceeds shllll hc applicdlolhe S1uns secllred hy Ihis Securily
IlIslrnm~nl, whelher or 1I01lhell due. wilh UIIY eAeess pllidloBorrow~r, IlIlhe eyenlol' II parliullllkillg nl' Ihe l'roperlY,
nllless Burrower IIl1d Lemler olherwise ugree in wriling, Ihe 5111I15 secllred hy Ihis Secnrity IlIslrulIlerll shllll he reduced by
Ihe IImounlol' Ihe proceeds lIlulliplied hy Ihe following fruclion: (II) Ihe Itllllllllmlulltor Ihe SlIms secured immedialely
berore Ihe IlIklng, diylded hy (b) Ihe rair IIlllrkel vulue of the l'roperlY immedilllely hernre Ihe laking. AllY blllllnce shllll be
paid III Borrower.
Irlhe I'roperlY is IIhundolled hy Burrower, ur if, arler oOlice hy Lemler 10 Burrower thllllhe condemllllr lllTers to
make un uward or sellle II cluim ror dllmuges. Borrower fuils 10 respolld 10 Lend~r within 30 dllYs lifter Ihe dale Ihe nolice is
given, Lender is uuthnrizedlo coll~cl aod upply Ihe proceeds, al ils oplioll. cilher 10 reslorulion or repllir orthe I'roperly or
to Ihe sums secured hy Ihis SeeurilY Instrumenl. whether ur not Ihen due,
Ullless lellder und Borrower olherwise ugree in writing, UIlY applicalion or proceeds 10 prineipal shall 1101 eAt end or
postpone Ihe due dole oflhe mOlllhly paymellls referred 10 in puragraphs IlInd 2 or change Ihe amounl or such paymenls,
10. norrower Nnt Releused; Forbearance Ily Lcnder Nnt 0 Walyer. EAlensioll or Ihe lime fnr paymenl or
modificalion of umortization nr Ihe sums secured by Ihis Security Instrllmenl grunled hy Lender 10 uny suceeSSllr in
imen:st of nor rower shull nol opc:rule In rei case Ihc liubilily of thc originul Borrower or Borrower's succe~~nrs in interesl.
Lender shall not be required 10 commence proceedings ugainst uny succc~sur in interes1 or refuse to extend time for
payment or otherwise modify arnorliZalion nrlhe SUIIlS secured by Ihis Securily Inslrumenl hy reason orany demund mode
by the original Borrower or norrower's successors in inleresl, Any forbearaoce by lender in exercising any righl or remedy
shull nol be 0 waiver of or preclude Ihe exercise ofuny righlor remedy,
II, Successors and Assigns nnund; Joint and Several L1abllily; Co.slgners. Thc covenanls and agree men IS of
Ihis Security InSlrumenl sholl bind und benefillhc successors und ussigns of Lender IInd Ilorrower, suhjeellolhe provisions
of parllgruph 17, Ilorrower's coven ollis and agreemenls sholl be joilll and seyeral, A ny Borrower who co-signs Ihis Security
InSlrument but does nol execule the Nllle: (a) Is co-signing this Secnrily InSlrumelll only 10 mortgage, grant and convey
that BurrOlyer's inlerest in the I'roperlY under Ihe lerms orthis Seeurily Inslrumenl; (b) is not persooally obligated to pay
Ihe sums secured by Ihis Security Inslrumenl; and (c) ugrees Ihal lellder and any olher norrower may agree 10 eAtend,
modify. forbear or make any aecommodulions wilh regard 10 the tcrms or Ihis Securily Inslrument or Ihe Note without
thai Borrower's consenl,
12. Loon Charges, If Ihe loon secured by this Securily Inslrumenl is subjecllo a law which sels maximum loon
charges, and that low is finully interpreled so Ihal Ihe inleresl or olher loon charges collecled or 10 be collecled in
conneelion wilh Ihe loon eAeeed the permilled Iimils. Ihen: (a) any such loun ehllrge sholl be reduced by Ihe amounl
necessary 10 reduce the charge 10 the permilled limit; und (b) any sums already colleeled from Borrower which eAceeded
permilled Iimils will be refunded 10 nor rower. Lender may choose to mllke this refund by reducing Ihe principul owed
under Ihe Nole or by making 0 direct payment to Bnrrower. Ira refund reduces principal, Ihe reduclion will be treated as a
partial prepayment withoul any prepaymelll charge under the Note,
13. Legislation Affecting Lender's Rlghls. If enaclment or cApirlllion of applicable Jaws has Ihe elTeet of
rendering any provision oflhe Notc or Ihis Security Instrument unenforceuble according 10 its lerms. Lender, 01 its option.
may require immediale paymenl in rull of ull sums secured by this Security Inslrumenl and may invoke any remcdies
permilled by paragraph 19. If lender eAercises Ihis oplion, Lender sholl lake the sleps specified in the second paragraph or
paragraph 17.
14. Notices. Any nolice to norrower provided for in this Security Inslrurnenl sholl be given by deliyering il or by
moiling it by first closs moil unless applicable low requires use or anolher melhod. The nolice shall be directed 10 the
Property Address or any olher address norrower designates by notice 10 leoder. Any nolice 10 Lender sholl be given by
first class mail to Lender's uddress stated herein or any Olher address leoder designates by oOlice to norrower. Any notice
provided for in Ihis Security InSlrumenl sholl be deemed to haye been given 10 norrower or Lender when given os provided
in this paragruph.
15. Goyernlng Low; Seyerabllity. This Security Inslrument shall be governed by fedemllaw and Ihe low of Ihe
jurisdiclion in which the Properly is loculed. In the event that IIny provision or clouse of this Security Instrumenl or the
Nole conflicts wilh applicable law, such cnnflict shalloot alTeel other provisions or this Securily Instrumenl or Ihe Nolc
which can be giyen elTcct wilhout the conflicting provision. To this end Ihe prO\'isions or Ihis S,'eurity Instrumenl and the
Note ore declared 10 be seyerable.
16. norrnwer's Copy. Borrower sholl be giyen one conform cd copy nr Ihe Nllle and of Ihis Securily Inslrumenl.
17. Transfer of the Prnperty or 0 Ilenellelallnterest In Ilnrrnwer. 11'1111 or any parlor the Property or any
interest in it is sold ur trun~rcrrcu (llr ifu bc.:llellciul interest ill U\)rrowcr is ~llld orlrull!'lrcrrc.:d l.Im!llurruwer is nut u muuru!
person) without Lender's prior written consenl, Lender may, al i1s (Jptiun, require immeuillte pll)'menl in full of all sums
secured by Ihis Securiry Instrumenl. However, this option shull nul he exercised by I.elluer if exercise is prohibited by
federal low os oflhe date of this SecurilY Instrument.
If Lender exercises lhis oplion, Lender shull givc norrowcr notice ufuccclcrnlioll. The notice shull provide u period
or not less than 30 days rrom Ihe dole the notice is deliyered or moiled wilhin which Borrower must pay all sums secured by
this Securily Instrument. If nurrower I'IIi1s 10 PllY Ihese sums prior to the eApiraliun oflhis period, Lender may inyuke any
remedies permined by Ihis Seeurily Inslrument wilhoul rurthcr nul ice or demlludunllurrlllver.
t8. Ilorrower's Right tn Reinstate. If Burrower mecls certain eonditiuns, Burrower sholl haye Ihe right to haye
cnforcemcnt or this Security Instrumenl discontinued al nny lime priur to the ellrlier ul': (a15 days (or such ulher periud liS
applicable low may speciry for reinstlllemenl) bcrnre slIle or Ihe ProperlY pursuant to any puwer of sole contllined iu this
Security Instrument; or (b) entry uf u judgmenl enforcing Ihis Security IlIstrumenl. Those conditions arc Ihat narrower:
(0) pays lender all sums which Ihen would be due uuder Ihis Securily Instrumenl lInd Ihe Note hod nUlleecleraliou
occurred; (b) cures uuy derault of lIny olher eoyenuuls or ugrecmeuls; (cl pays all espemes incurred iu enrurcing Ihis
Security Instrumenl, including, bul 110t Iimi1cu 10, reasonable uuorneys' fees; and (d) wkes such aclion as Lender may
reasonably require 10 assure that the lieu uf this Securily luslrumenl, I.ender's rights in the I'roperly and lIurrower's
obligation 10 pay the sums secured by this Security Instrument shall conlinue unchanged, Upnn rcinslalement by
norrower, Ihis Security Instrumenland Ihe ubligatiuns sccured herehy shall remaiu fully elTectil'e us if nu acccleraliun h;.d
occurred. Ilowc\'cr, lhis righllo rein'talc shall not appl)' in the case ul'uccclcralion unuer pilrugnlphs I J or 17.
bU~K hkU I'm 405
. .
NON,UNIFORM COVENANTS. norrower and Lender further coyenanlund agree as follows: ,
19, Accelerallon; Remedies. Lender sholl give' nollce io Borrower prior 10 accelerollon following Jlorrower's
breach ofany covenant or agreement In this Security Inslrument (but not prior to accelerallon under paragraphs 13 and 17
unless applicable low provides otherwise), l.ender sholl nollfy Jlorrower of, among olher things: (0' the default; (bl the
aellon required 10 cure the default; (e) when the defaull must be cured; and (d) thai fuilure to cure Ihe defaull as specified
may result In accelerullon of the sums secured by this Security Instrument, foreclosure by Judicial proceeding and sole of
the Property, Lender sholl furlher Inform Jlorrower of the right tn relnslale after accelerollon and the right to asserl in the
foreclosure proceeding the nnn.exlstence of 0 defaull or any other defense of Ilorrower 10 uccelerution and foreclosnre. If
the defuullls not cured os specified, l.ender 01 Its opllon may require Immedlule pa)'mentln fnll of 011 sums secured by this
Security Instrumenl wllhout further demand und may foreclnse this Securlt)' Instrument by Jndlclul proceeding, l.ender
sholl be entitled to collect all expenses Incurred In pursuing Ihc remedies provided In Ihl. paragraph 19, Including, hut not
limited to, ollorneys' fecund costs ortllle evidence to Ihe extent perm III cd by appllcuble law,
20, l.ender In Possession, Upon accelerulion under parugraph 19 nr ubundonmeol of Ihe l'roperlY, Lender (in
person, by agcnt or by jUdicially appoioted reeeiyer) shull be enlilled 10 enler upon, luke possession of und manuge the
ProperlY and 10 collcellhe renls of Ihe Properly including Ihose flusl due, Any renls eollecle~ hy J.ender nr Ihe reeeiyer
sholl be applied firsl 10 puymenl nf Ihe cosls of munagemenl of Ihe Properly und cnllcelion of renls, including, bUI not
limited to, reeeiyer's fees, premiums on receiver's bonds und reusonable allorneys' fees, und Ihen 10 Ihe sums secured by
this Security Instrumenl.
21. Releue, Upon payment of 011 sums secured by this Security Instrument, Lender sholl dlschurge this Security
Instrument withoul charge to norrower. Jlorrower sholl pay any recordation cosls,
22, ReInstatement Period, Borrower's lime 10 reinslale proylded in paragraph 18 sholl extend 10 one hour prior to
the cOll)mencemenl of bidding 01 0 sherill's sole or other sole pursuanlto this Security Instrument.
23, Purchase Money Mortgage,lfony of the debl secured by this Securily Inslrumenl is lenllo norrower 10 acquire
litle to the Property,lhls Security Inslrument sholl be 0 purchase money morlgage.
24. Inlerest Rale After Judgmenl, Borrower agrees thaI the interest rote payable afier 0 judgment is enlered on Ihe
Note or in on action of mortgage foreclosure sholl be the rote payable from time 10 timc under the Nole.
25. Riders 10 this Securlly Inslrument.lfone or more riders ore execuled by norrower and recorded together with
this Security Instrument, the coyenanlS and agreements of each such rider sholl be incorporaled into and sholl amend and
supplemenl the covenants and agreements of Ihis Security Instrument as if the rider(s) wcre 0 port of Ihis Security
Instrument. [Check applicable box(es)]
lXkAdjustable Role Rider
o Graduated Paymenl Rider
o Other(s) [specify]
,
o Condominium Rider
o Planned Unit Deyelopment
o 2-4 Family Rider
Rider
BY SIGNING BELOW, Borrower accepts aod agrees 10 the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded wilh it.
Wi~
Edmund G. l1yers, as to both
(Seal)
-Bo"ower
(Seal)
-Borrower
(Seal)
.Bouower
(Seal)
.Borrower
(Space Below this Line For Ackno'.ledement)
COMMONWEALTH OF PENNSYLVANIA,
,
CUMBERlAND
County ss:
My Commission expires:
DIANNE LENIG, Notary Public
MY Coaslsslon E.piras Dee. 21. 19a9
Lemo~o. PA Cumberlond County
day of December , 19 87 ,before me,
the undersigned officer, personally appeared mCHAEL S. NELSON". ?R.
AND CYN'I1UA ANN NELSON, known to me (orsatisfactQ~ly
proyen)lo be Ihe person ,; whose nome ,; subscribed to the vtithin inslrllment and acknowledg\;d,
thai th[~\' executed the same for the purposes herein contained, ":' "......".::'."'-1..
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Notary Public ..
IN WITNESS WIIEREOF, I hereunlo set my hand and official seal,
On this, the
8
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Tille 01 Oftl~r
I hereby certify that the precise address of l-'Drtgagee
is p. ~ Box ~~87, Lancaster, PA 17604.
~t~
Attorney for ('lortgagee
(
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~ODI. hkU I'AGE 4-,tj(:
~
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.
ADJUSTABLE RATE RIDER
(I Vur Trusury Index-Rale Caps)
THIS ADJUSTABLE RATE RIDER Is mode this 8111 day of DECFNUER ,19 H7 ,and is
Incorporated into and sholl be deemed to amend and supplement the Morlgage, Deed of Trust or Security Deed (the
"Security Instrument") of the some dote given by Ihe undersigned (Ihe "Uorrower") to secure Borrower's Adjuslable
Rate Note (the "Note") to I,'UI:I'ON nANIC, 1'.0, IlOX .IBIl7, I.ANCAS'J'E1t, PENNSYI.VANIA 17604
(the "Lender") or Ihe some dote and covering the properly described in
the Security Instrument and loeated at:
;
31101 YALE AVENUE, CANP IIIU.,
PENNSYLVANIA I~ f 7uTI '1--
I Properly Addr....1 /.',/
THE NOTE CONTAINS PROVISIONS AllOWING FOR CHANGES IN THE INTEREST RATE
AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BOR-
ROWER MUST PAY,
AOOITtONALCOVENANTS. In addition to the covenants and agreements mode in the Security Instrument, Borrower
and Lender further covenant and agree os follows:
A. INTERFST RATE AND MONTHLV PAVMENT CHANGES
The Note proYldes for an Initial interest rate or, 8.500%. The Note provides for changes in the interest rote and the
'. monthly payments, os follows:
04, INTERFST RATE AND MONTHLV PAVMENT CHANGES
(A) Chanle Dltes
The interest rate I will pay may change on the first day or JUNE , 19 89 ,and on that day
every 12th month thereafter. Each dote on which my Interest rote could change is called a "Change Dote."
(D) The Index
Beginning with the first Change Dote. my interest rate will be based on on Index. The "Inde~" is the weekly ayerage
yield on United States Treosury securities adjusted to a constant maturity of I year. os mode ayailable by the Federal
Reserve Boord. The most recent Inde~ figure ayailable os or the dote 45 days before each Change Date is called the
"Current Inde~."
If the Index is no longer aYailable, the Note Holder will choose 0 new index which is based upon comparable
Information. The Note Holder will give me notice of this choice.
(C) Calculation or Chanles
Before each Change Date, the Note Holder will calculate my new interest rate by adding 2.500
percentage points ( 2.500%) 10 the Currentlnde~. The Note Holder will then round the
result of thisoddition to the nearest one-eighth or one percentage point (0,125%). Subject to the limits stated in Section
4(D) below, this rounded amount will be my new interest rote until the neAt Change Dote.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I om expected to owe at the Change Dote in full on the maturity dote at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
I"
~
(D) Liml.. on Inluest Rate Changes
The Interest rote I am required to pay at the first Change Dote will not be greater than 10.500 %orless than
6.500 %. Thereafter, my interest rote will never be increased or decreased on any single Change Dote by more
than two percentage points (2.0%) from the rote or interest I haye been paying for the preceding twelve months. My
interest rate will never be greater than 13.500 %.
(E) Efl'ectl,e Date or Chanin
My new interest rote will become effective on each Change Dote. I will pay the amount or my new monthly payment
beginning on the first monthly payment dote arter the Change Dote until the amount of my monthly payment changes
again.
( F) Notice of Changn
The NOle Holder will deliyer or moil to mea notice of any changes in my inlerest rate and the amount of my monthly
payment berore the effective dale of any change. The nOliee will include information required by law to be giyen me and
0150 the title and telephone number of 0 person who will answer uny queslion 1 may haye regarding the notice.
B. TRANSFER OF TilE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Unirorm Covenant 17 or the Security Instrument is amended to read os rollows:
Transfer of lhe Properly or a Bcneficlallnlerestln Borrower, If 011 or uny part of the Properly or any interest in it is
sold or transferred (or if 0 beneficial interest in Borrower is sold or transrerred und Borrower is not 0 natural person)
without Lender's prior written consent, Lender may, at its option, require immediate payment in rull of 011 sums secured
.... by this Security Instrument. Howeyer, this oplion sholl not be exercised by Lender if exercise is prohibited by federal low
~ os or the dote of this Security Instrument. Lender also sholl not exercise Ihis oplion if: (a) Borrower causes 10 be
submitted to Lender information required by Lender to evaluate the inlended transrerce os if 0 new loan were being mode
to the transferee, and (b) Lender reasonably delermines Ihat Lender's security will not be impaired by the loon
assumption and that the risk or 0 breach of any covenant or agrcement in this Securily Instrument is acceptable to
Lender.
To the e~tent permitted by applicable low, Lender may charge a reasonable fee os 0 condition to Lender's consenlto
the loan assumption: Lender may also require the transreree to sign on assumplion agreement thaI is acceptable to
Lender and that obligates the transferee to keep 011 the promises and agreemenls mode in Ihe NOle und in Ihis Security
Instrument. Borrower will conlinue 10 be obligated under Ihe NOle and Ihis Security Instrument unless Lender releases
Borrower in writing.
0'3
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19
'"'
MULTISTATE ADJUSTABLE RATE RIDER-ARM 5-2-S'llQlu Fumlly-Fannla Maa/Freddle Mee Uniform Instrument
~.R'2AIRlnJI
Form 3111 3/B5
(UliUflo.:t 1l'I'" C"."'l'#>O ",,,I(~W ,...,'"
.'l5'''",1I00\l''''.fl.1r.oOhl
.!
Exhibit C
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.
Fulton Bank
People dedicated to your success,.
PO. BOX 4887 . LANCASTER. PA 17604
(717) 291-2459
September 17, 1997
Michael S. Nelson, Jr.
Cynthia Ann Nelson
3114 Yale Avenue
Camp Hill, PA 17011
RE: Mortgage Loan Account 903-1114453
TO: MICHAEL S. NELSON, JR., MiD CYNTHIA ANN NELSON
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
(FNMA/FllLMC MORTGAGE)
The MORTGAGE held by FULTON BANK (hereinafter, we, us, or oursl, on your
property located at 3114 Yale Avenue, Camp Hill, Pennsylvania, IS IN SERIOUS
DEFAULT, because you have not made Three (3) monthly payments of principal and
interest in the amount of $531.72 each, due for the months of July, August, and
September 1997; Three (3) monthly payments of escrow items in the amount of
$154.20 each, due for the months of July, August, and September 1997; plus late
charges of $62.62, which have accrued to this date. Total amount now required
to cure this default, or in other words, get caught up in your payments and other
obligations, as of the date of this letter, is $2,120.38.
You may cure this default within THIRTY (30) DAYS, of the date of this
letter, by paying to us the above amount of $2,120.38, plus the additional
monthly payment of $685.92, due October 1, 1997, plus a late charge of $21.26,
if that payment is not made by October 16, 1997. Such payment must be made
either by cash, cashier's check, certified check or money order and made at the
-Loan Review Department at Fulton Bank, 29 East King Street, Lancaster,
Pennsylvania.
If you do not cure this default within such THIRTY (30) DAYS, we intend to
exercise our right to accelerate the Mortgage payments. This means that whatever
is owing on the original amount borrowed will be considered due immediately and
you may lose the chance to payoff the original Mortgage in monthly installments.
If full payment of such amount of $2,120.38 plus the other items referred
to above is not made within such THIRTY (30) DAYS, we also intend to instruct our
attorneys to start a lawsuit to foreclose your mortgaged property by judicial
proceeding. You have the right to assert in the lawsuit the non-existence of a
default or any other defense you may have to acceleration and foreclosure. If
the Mortgage is foreclosed your mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If we refer your case to our attorneys, but you
cure the default before they begin legal proceedings against you, you will still
have to pay the reasonable attorneys' fee actually incurred. Any attorneys' fees
will be added to whatever you owe us, which may also include our reasonable
costs.
We may also sue you personally for the unpaid principal balance and all
other sums due under your Note and Mortgage. Such suit against you Dersonallv
may also result in your Mortgage being foreclosed and your mortgaged property
being sold at Sheriff's sale.
If you have not cured the default within the thirty day period and the
lawsuit referred to above has begun, you still have the right to cure the
default, reinstate the mortgage, and prevent the sale after acceleration at any
time up to one hour before commencement of bidding at the Sheriff's sale of your
mortgaged property. You may do so by paying the total amount of the unpaid
"""
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ACT LETTER MAILING NOTIFICATIONl
P 398 120 030
M;~tne~';: ~;I~on, Jr.
311{ Yale Ayenue
Camp Hill, PA 17011
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Cynthia Ann Nelson
3114 Yale Avenue I
CampHiII,PA 17011
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People dedicated to your success,.
ACT 91 NOTICE
IMPORT ANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ TIllS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WIllCR CAN SAVE YOUR ROME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
Date: September 17, 1997
RE: Account No.: 903-11 14453
TO: Michael S. Nelson, Jr.
Cynthia Ann Nelson
3114 Yale Ayenue
Camp HlIl, PA 17011
FROM: Fulton Bonk
29 East King Street
Lancaster, PA 17602
You may be eligl1Jle for financial" . '.nce that will preveut foreclosure ou your
mortgage if you comply with the provisiolll of the Homeowners' Emergeucy Mortgage
.....!dan4:e Act of 1983 (the "Act"). You may be eligible for -galq temporary
......ldan4:e if your default bas been caused by odl.".......ances beyond your control, you have
a reasonable prospect of resuming your -npge payments, and if you meet other
eligibility requirements established by the PmnsyIvania Housing flnance Agency, Please
read all of this Notice. It contains an apIa~ of your rights.
Under the Act, you ore entitled to a temporary stay of the foreclosure on your mongage for thirty (30) days
from the date of this Notice. During thOl time you must arrange and attend a 'face-to-face' meeting with a
representatiye of this lender, or with 0 designated COIlSl1lllCt' credit counseling agency. The purpose of this meeting
is to attempt to work out 0 repayment plan, or to otherwise settle your delinquency. This meeting must occur in
the next (30) days.
If you ottelId a face-to-face meeting with this lender, or with a consumer credit counseling agency identified
in this notice, no funher proceeding in mongage foreclosure may take place for thiny (30) days after the date of
this meeting, The oome, address and telephone number of our representative is:
James D. Manin
Fulton Bonk
P.O. Box 4887
Lancaster, PA 17604
Telephone No: 717/291-2459
The names and address of designated consumer credit counseling agencies ore shown on the attached sheet.
It is only necessary to schedule one face.to-face meeting, You should advise this lender immediately of your
intentions.
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397.
.,ttl.".,!n...o",.,..al,,,,/I,C.,,'O@
Exhibit 0
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Fulton Bank
(
"
People dedicated to your success,.
P,O. BOX 4887 . LANCASTER. PA 17604
(717) 291-2459
September 17, 1997
Michael S. Nelson, Jr.
Cynthia Ann Nelson
3114 Yale Avenue
Camp Hill, PA 17011
RE. Mortgage Loan Account 903-1114453
TO. MICHAEL S. NELSON, JR., AND c:mTHIA AJ/N NELSON
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
(FNHA/FHLMC MORTGAGE)
The MORTGAGE held by FULTON BANK (hereinafter, we, us, or ours), on your
property located at 3114 Yale Avenue, Camp Hill, Pennsylvania, IS IN SERIOUS
DEFAULT, because you have not made Three (3) monthly payments of principal and
interest in the amount of $531.72 each, due for the months of July, August, and
September 1997; Three (3) monthly payments of escrow items in the amount of
$154.20 each, due for the months of July, August, and September 1997; plus late
charges of $62.62, which have accrued to this date. Total amount now required
to cure this default, or in other words, get caught up in your payments and other
obligations, as of the date of this letter, is $2,120.38.
You may cure this default within THIRTY (30) DAYS, of the date of this
letter, by paying to us the above amount of $2,120.38, plus the additional
monthly payment of $685.92, due October 1, 1997, plus a late charge of $21.26,
if that payment is not made by October 16, 1997. Such payment must be made
either by cash, cashier's check, certified check or money order and made at the
,Loan Review Department at Fulton Bank, 29 East King Street, Lancaster,
Pennsylvania.
If you do not cure this default within such THIRTY (30) DAYS, we intend to
exercise our right to accelerate the Mortgage payments. This means that whatever
is owing on the original amount borrowed will be considered due immediately and
you may lose the chance to payoff the original Mortgage in monthly installments.
If full payment of such amount of $2,120.38 plus the other items referred
to above is not made within such THIRTY (30) DAYS, we also intend to instruct our
attorneys to start a lawsuit to foreclose your mortgaged property by judicial
proceeding. You have the right to assert in the lawsuit the non-existence of a
default or any other defense you may have to acceleration and foreclosure. If
the Mortgage is foreclosed your mortgaged property will be sold by the Sheriff
to payoff the mortgage debt. If we refer your case to our attorneys, but you
cure the default before they begin legal proceedings against you, you will still
have to pay the reasonable attomeys' fee actually incurred. Anyattomeys' fees
will be added to whatever you owe us, which may also include our reasonable
costs.
We may also sue you personally for the unpaid principal balance and all
other sums due under your Note and Mortgage. Such suit against you personallv
may also result in your Mortgage being foreclosed and your mortgaged property
being sold at Sheriff's sale.
If you have not cured the default within the thirty day period and the
lawsuit referred to above has begun, you still have the right to cure the
default. reinstate the mortgage, and prevent the sale after acceleration at any
time up to one hour before commencement of bidding at the Sheriff's sale of your
mortgaged property. '{ou may do so by paying the total amount of the unpaid
c."FultOllBank €
People dedicated 10 your success.-
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELlGmLE FOR FINANCIAL ASSISTANCE
wmCH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
. .
,..
Dale: September 17, 1997
RE: Account No,; 903-1114453
TO: Michael S. Nelson, Jr.
Cynthia Ann Nelson
3114 Yole Ayenue
Camp Hill, PA 17011
FROM: Fw~nB~
29 East King Street
Lancaster, PA 17602
You may be eligible for finaudal "".,;"'..nce that will prevent foreclosure ou your
mortgage if you comply with the provmOlU of the Homeowners' Emergency Mortgage
.4"";ctDnce Act of 1983 (the "Act"). You may be eligible for emergency temporary
.."";ctDnce if your default has been caused by a.. .....d..nces beyoud your control, you have
a reasonable prospect of resuming your IIIIIrtgage payments, IIDd if you meet other
eligibility requirements established by the PamsyIvania Housing Finance Agency. Please
read all of this Notice. It contains an exp1aDation of your rights.
Under the Act, you are entitled to a temporary stay of the foreclosure on your mOl1gage for thiny (30) days
from the dote of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a
representative of this lender, or with 0 designated consumer credit counseling agency. The purpose of this meeting
is to attempt to worle out 0 repaymenl plan, or to otherwise seltle your delinquency. This meeting must occur in
!he next (30) days.
If you attend a face-to-face meeting with !his lender. or wi!h a consumer credit counseling agency identified
in this notice, no funber proceeding in mOl1gage foreclosure may take place for !hiny (30) days after the dote of
this meeting. The name, address and telephone number of our representative is:
James D. Martin
Fullon B~
P.O. Box 4887
Lancaster, PA 17604
Telephone No: 717/291-2459
The names and address of designated consumer credit counseling agencies arc shown on the attached sheet.
[t is only necessary to schedule one faee,to-face mt'eting, You should advise this lender immediately of your
intenlions,
The Pennsylyania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397,