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Home My WebLink About98-03134 TOGETHER Willi alllhe improven",,,,, "OW or hereaher ereeled 011 Ihe propeny. alld all easemelllS. al'punewmees. and fix lures 1I0W or hercafler a pari of the Ilroperll'. All replaeemems and addillnns .""111 also he covered hy Ihls SceLlrhy ht1lrulnem. AII'of Ihe foregoing Is referred 10 illlhis S,'eLlrIIY hJ.1!nunenlas Ihc "ProperlY." BORIWWER COVENANTS Ihal Borrower is IIIWlidly .elsed of Ihe eSllue herehy wllveyed and has Ihe righl to mOrlgage. gram IIl1d convey Ihe ProperlY alld Ihul Ihe Properly Is ullenelullheled. exec pi fllr eneumhranees /)1' recllrd, Borrower warlam. and will defend generally Ihe Iille 10 Ihe Propeny aglllnSl all cllllJlls and demllnds. sllhjecl 10 any encumbrance. of rccOl'd. THIS SECURITY INSTRUMENT comhlnes unifnrm euvcrulms 1'01' lIallolloll use and nOIl-unihlllll eovenanls wilh IJmiced varlalion. hy jurisdlellon 10 consllnue a uniform sccurily inMrUmenl eovcrlng I'eal properly. UNIFORM COVENANTS. Borrower and Lender COVOllJfI1 and agre" as fnllows: 1. Paymenl of Prlnclllal and IlIleresll Prepayment alld Lale CliarMes. Borrower shall promplly pay whell due Ihe principat of and Inlere,'1 olllhe debl "videlleed hy Ihe Nole alld any prepaymenl and hue charges due ullder Ihe NOle. Z. Funds fllr Tax.. and Imurance. Suhjecl 10 appllcahle law or 10 a wrillell waiver hy Lellder. Borrower shall pay 10 lAnder on Ihe day monlhly pay men" arc due under Ihe NOle. Ulllillhe NOlc is paid ill full. a sum ("Fullds") for: (a) yearly laxe. and u.essmem. which may allain prlorily oVer Ihls Securily InSInUnenlas a lieu ou Ihe Properly; (h) yearly leasehold paymenl' or gfCIund rems on Ihe ProperlY. if allY; (c) yearly hazard or propeny insurance premiums; (d) yearly flood IllJurance premiums. if any: (e) yearly mortgage Insurance premiums. if any; and (0 any sums pnyable by Borrower 10 Lender. In accordance wilh Ihe provision.. of paragraph R. in lieu of Ihe paymem of mongage insurance premiums. These lIems are called "Escrow hems." Lender Imy. al any lime. collecl and hold Funds In auamonmnOI10 e.ceed lIIe ma.lmum amoum a lender for a federally relaled mortgage loan nlJY require for Borrower's escrow nccoum under lIIe federal Reul Eslale Senlemem Procedures ACI of 1974 as amended from lime 10 lime. 12 \l.S.C. ~ 2601 it Sil!. ("RESPA"), unless anolller law Ihal applies 10 die Funds selS a lesser amounl. If so. lAnder may, al any lime. collecl and hold Funds In an amount nOI 10 exceed Ihe lesser amounl. Lender nlJY eslimalc lIIe a",oum of Funds due on Ihe basis of currenl dala and reasonable eSllmales of expendllures of fUlure Escrow Ilems or otherwise in accordance wilh applicable law. The Funds shall be held in an Inslitullon whose deposits are insured by a federal IIgency. inSlmmemallly. or emily (Including Lender. If Lender is such an inSlilullon) 01 in any Federal Home Loan Bank. Lender shall apply Ihe Funds 10 pllY the Escrow hems, Lender may nOI charge Borrower for holding and applylug the Funds. annually analyzing Ihe escrow accoum. or verifying the Escrow hems. unless lAnder pays Borrower imere.!! on Ihe Funds and applicable law permils Lender to make such a charge, However, Lender may require Borrower 10 pay II one-lime charge for an Independem real eSlale laX reponing service used by lAnder In conneclion with this loan. unless applicable law provides olherwisc. Unless an agreemem Is made or appllcahle law requires inleresl to be paid. Lender SI1.111 nol be required 10 pay Borrower any hueresl or earnings on die Funds. Borrower and lAnder may agrec In wrlllng. however. lIIal Imeresl shall be paid on the Funds. Lender shall give 10 Borrower. withoul charge, an annaal accouming of Ihe Funds. showing credils and debhs to the Funds and the purpo.e fo\' which each debh 10 the Funds WIlS made. The FundI are pledged as addillonal securily for ail sums secured by this Security InslfUmem. If the Funds held by Lender exceed the amoums permined 10 be held by applicable law. lAnder shail accoum 10 Borrower for the excess Funds In nccordanre with the requlremems of applicable law. If the amoum of the Funds held by Lender at any lime Is not safflclem 10 pay the Escrow hems when due. lAnder 1Th1Y so 1I0tify Borrower In wrlllng, and. In such ClUe Borrower shail pay 10 Lender Ihe amoum necessary 10 make up Ihe deticlency. Borrower shall make up the deticlency In no more than Iwelve monthiy p"ymenl.. al Lender's sole discretion. Upon paymem In full of all sum. secured by Ihls Security Inslrumem, Lender shall prompliy refund 10 Borrower any Fund. held hy Lender, If, under paragraph 21. lAnder shall IIcqulre or sell Ihe ProperlY. Lender. prior 10 the aequislllon or sale of the ProperlY, shall apply any Funds held by Lender al lIIe lime of acqulsilion or sale as a credit agallt'l the SUlllS secured by this Security Imlrumem. 3. Applleatloll of Payments. Unle.s applicable law provides otherwise. all paymems received by lAnder under paragraph. I and 2 sball he applied: flrsl. 10 any prepaymem charge. due under lIIe NOle; second, 10 amounlS payable under paragraph 2: third. 10 Imeresl due; fourth. 10 principal due; and la'l. 10 any laic charge. due under the NOle, 4. Charges; L1ell8. Borrower shail pay all laxes. asses.menlS, charges. tines and imposilions aurlbulabte 10 Ihe Property whkh may allair. priority over Ihls Security Inslrumem. and leasehold paymems or ground rem.. If any. Borrower shail pay dlese ohligallom In the manner provided in paragraph 2. or If nol paid in Ihal manner. Borrower shall pay Ihem on lime dlreclly 10 the person owed paymenl. Borrower shall promplly fumlsh 10 lAnder all notices of amoum. 10 be paid under this paragraph. If Borrower makes Ihese paymems direclly. Borrower shall promplly furnish 10 lAnder recelpls evidencing the paymem.. Borrower shall promplly discharge any Iiell which has priorily over this Securiry Inslmmem unless Borrower: (a) IIgree. in writing 10 the paymem of Ihe ohligalior, secured hy Ihe lien In a IImnner acceplable 10 lAnder; (b) comes IS in good faith Ihe lien by, or defends agaln.'1 enforcemem of Ihe lien In. legal proceedings which in Ihe lAnder's opinion operale 10 prevem Ihe enforcemem of Ihe lien; or (c) secures from Ihe holder of Ihe lien an agreemem salisfaclory 10 Lender subordinallng Ihe lien 10 Ihis~ecurily In..lnmlenl. If Lender delermines Ihal any pari of Ihe ProperlY Is subjecl 10 a lien which may anain priority over Illis Security Inslrumem. lAnder may give Borrower a nolice Idemifylng the lien. Borrower shall .alisfy lIIe lien or lake one or more of Ihe acllons set forth above wilhin 10 days of Ihe giving of nOlice. S. Hazard or Property In.urance. Borrower shall keel' the Improvemems now ".Isling 01' hereafler erecled on Ihe Property insured against IllS! hy I1re, hazards included wilhln Ihe lerm "e.[ended coverage" and any olher hazards. including flootIs or flooding. for which Lender requires insurnnce. TIlls Imurance shall he mainlalned In dIe alllounlS and ITEl.! HISOL'? (92t II Ooold 00000009404 noox 1325 PAGE. fjJ .'onn 3039 9/90 (I'/(Ilt 1 (Jf (j f'/.,:t." arut L,il" DUlin." form.. 1M . ToOlflue.1I t,lllO'S30.gJ9J [JFAX 618.191-113' ACCH 100064741 fI'r lhe periods dIal Lender require.. 'Ole IrL.urance carrier providing Ihe insurance shall hc chosen hy Borrower subJecI 10 Lender's approval which shall nol be unreasonahly whhheld. If !Iorrower fails 10 mairu.lin coverage descrihed ahove, Lende! may, al Lender's of III on, ohlain coverage 10 prolecl Lcnder's rlghl' in dIe ProperlY in accordance wilh paragraph 7. AlllnsullInce polkles and renewah shall he acceptahle 10 Lender and shall include a slandard mOrl.gage clause, Lender shall have Ihe rlghl 10 hold Ihe policle, and renewal.. If Lender requires, Borrower shall promplly give to Lender all receipts of paid premiums and renewal notices, In lhe evenl of loss. Borrower shall give prompl nOllee 10 dIe insurance carrier and Lender. Lender nUlY nu.kc proof of loss if nOlmade promplly hy Borrower. Unless Lender and Borrower olherwise agree in wrhlng, insurance proceed. shall he applied 10 restorallon or repair of dIe ProperlY danlllged, If Ihe reSlorallon or repair Is economically feasible and Lender's securhy i. nOI lessened. If Ihe reslorallon or repair is nOI economically feaslhle or Lender's secorhy would be lessened. Ihc insurance proceeds shall he applied 10 Ihe sums sceured by Ihis Securhy Inslroment, whelher or nOl Ihen due, whh any excess paid 10 Borrower, If Borrower abandon.. Ihe ProperlY. or does not an..wer whhln 30 days a nOllce f!Om Lender Ihal Ihe in..uranc" carrier has offered 10 sollie a ctalm. then Lender nlllY collecl lho Insurance proceeds, Lender may use Ihe proceed. 10 repair or reslore lhe ProperlY or 10 pay SUlILI secured hy Ihls Securhy Inslromenl, whedler or nol dlen due, 11le 3D-day period will begin when the notice Is given. Unlen Lender and Borrower olherwlse agree in wrillng, any appllcalion of proceed.. 10 principal shall nol eXlend or postpone Ihe due dale of the monthly paymenls referred 10 in paragraph.. I and 2 or change Ihe amount of the paymellls, If under paragraph 21 lhe Properly is acquired by Lender, DOrl'ower's rlghl to any insurance policies and proceeds resulling from damage 10 the Property prior 10 Ihe acquisition shall pass 10 Lender 10 Ihe eXlenl of die sums secured by dlis Securhy In.llrument immedialely prior 10 lhe acqulshion. 6. Occupancy, Pre,ervntlon, Mnlntennnee and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy. establish. and use lhe Prnperty as Borrower's principal residence whhln slxly days after lhe exeeurlon of l'ilS Securhy Inslrumelll and shall continue 10 occupy lhe Properly as Borrower's principal residence for al leas I one year after Ihe dale of occupancy. unless Lender olherwise agrees in wrhing, which conselll shall nOI he unreasonably withheld, or unless e'tenualing circutmtances exlsl which are beyond Borrower', comrol. Borrower shall nol destroy, damage or Impair lhe Property, allow dIe Property to deleriorale, or cornrnll wasle on lhe Property, Borrower shall be in defaull if any forfeiture action or proceeding. whether civil or crirnlnal. is begun lhat In Lender's good failh Judgmem could resull In forfeiture of die Properly or olherwise materially Impair lhe lien crealed by lhls Securlly 1n.llromem or Lender securily Imeresl. Borrower may cure such a defaull and reinSlale, as provided In paragraph 18, by causing lhe action or proceeding to be dismissed wldl a roling dIal, In Lender's good failh delerminatlon. precludes forfeiture of Ihe Borrowcr's imerest in lhe Property or olher lnaterlal I.npalrmenl of lhe lien crealed by lhls Securlty Inslromem or Lender's securily Inleresl, Borrower shall also be in defaulllf Borrower, during lhe loan application process. gave malerially false or lnaccurale Information or stalemems 10 Lender (or failed 10 provide Lender with any material Information) in connecllon wilh lhe loan evidenced by lhe NOle, InclUding, but nOllirnlted 10. representalions concerning Borrower's OCcupancy of lhe Property as a principal residence, If lhis Securiry Inslrument Is on a leasehold. Borrower ..hall comply wllh alllhe provisions of the lease. If Borrower acquires fee tille 10 lhe Property, lhe leasehold and lhe fee Iltle shall nol merge unless Lender agrees to lhe merger in writing, 7. Protection of Lender's Rights In the Property. If Borrower falls 10 perform lhe coverWlls and agreemems contained In lhis Securlly Inslrumem, or lhere is a legal proceeding lhat may significantly affecI Lender's r1ghls In lhe Property (such as a proceeding In bankruptcy, probale. for condemnation or forfellure or 10 enforce laws or regulations), lhen Lender may do and pay for whalever is necessary to proleel lhe value of lhe Property and Lender's rights In lhe Properly. Lender's actions may Include payiog any sums secured by a lien which has priorlly over lhis Securlly Inslrument. appearing in court. paying reasonahle attorneys' fees and emerlng on lhe Property to make repairs. Allhough Lender mal' take action WIder lhis paragraph 7. Lender does nol have to do so, Any amoums disbursed by Lender under rhis paragraph 7 shall become additional debl of Borrower secured by this Seeurily Inslrumem, Unless Borrower and Lender agree 1<' olher terms of paymem. lhese amoums shall bear imerest from lhe dale of dlsbursemem al Ihe NOle rare and shall be payable. wilh imeresl. upon notice from Lender 10 Borrower requesling paymem, 8, Mortgage 1n.1urance. If Lender required morlgage Insurance as a condilion of making lhe loan secured by lhis Seeurily Inslrumelll, Borrower shall pay lhe prernlums required to maimain lhe mortgage insurance In effect. If. for any reason, lhe mortgage insurance coverage required by Lender lapses or ceases to be In effect. Borrower shall pay lhe prernlutm required 10 oblain coverage substantially equlvalem 10 lhe mongage Insurance previously In effecl, at a cost sUbstamially equivalem 10 lhe cost 10 Borrower of lhe mOflgagl~ In..urance previously in cffecI. from an alternale morlgage Insurer approved by Lender, If sUbstamlally equlvalem morlgage insurance coverage Is nOI available, Borrower shall pay 10 Lender each momh a sum equal 10 one-Iwelfth of lhe yearly mortgage Insurance premium being paid by Borrower when lhe insurance coveragc lapsed or ceased to be In effect. Lender will accepl. use and retain lhese paymems as a loss reserve in Iicu of mortgllge Insurance, Loss reserve paymems may no longer be requircd, ar Ihe opllon of Lender, If morlgage In..urance covcrage (in rhe amount and for lhe period lhar Lender requires) provided by an insurer approved by Lender again becomes availabte and is oblalned. Borrower shall pay lhe premiums required 10 mainrain mort6age In..urance In effeel, or 10 provide a loss reserve. umil lhe requiremem for mortgage insurance ends in accordance with any wrltlen agreemem belween Borrower and Lender or applicahle law, 9. Inspection. Lender or its agem may rmke reasonable emrles upon and Inspecllons of Ihe Property, Lender shall give Borrower nOllce allhe lime of or prior to an Inspeclion specifying reasonahle cause for Ihe inspecllon. 10. Condemnation. TIre proceeds of any award or claim for damagcs. direct or consequemlal. In connection wldl ITEM IO!:iOL3 (9211) DOl;ld 00000009.. Fom, 3039 9/90 (pagt J o!f.i /JURI.,' Cl'''IL'~''811'In''''o'm..lnl:, . To OrdlfCIIl I'.OO.S30.IlJt3 UFAX IlI.tti.1131 ACCTH 100064741 BOOK 1325 PAct, 68 any condemnallon or oll1er laking of any part of dIe Propeny, or for conveyance In lien of condemnallon, are hcrchy assigned and shall hc paid to Lender. In Ihe evont of a lotal laking of lI1e Propeny, Ihe proceeds shall he applied 10 Ihe snms secured hy this Securhy Instrument, whelher or not Ihen due, will1 any excess paid 10 Borrower, In Ihe event of a paniallaklng of the Propeny In which die lair markel value of Ihe Propeny inunedialely heforc lI1e laking is e'lUallo or greater than Ihe amount of Ihe sums secured hy this Securhy lo.~lrument Immedialely before lI1e laking. unle!s Borrower and Lender olhcrwlse agree In writing, the sums secured hy lI1is Securiry Instrument shall be reduced hy the amoum of Ihe procceds mulliplled hy the following fraction: (a) Ihe t01a1 amount of the sum~ secllled Imntediately he fore Ihe HIking, divided hy (h) Ihe fair markcl value of Ihe Properry immediately before the laking, Any hillance shall be paid 10 Borrower. In Ihe evenl of a partial laking of the Property in which the fair markel value of the P"'I,eny Immediately he fore Ihe taking Is less thiln Ihe i1motUlI uf the sums secured immediately before the laking. unless Borrower and Lender otherwise i1grce in wrlllng or unless i1pplicahle law otherwise provides. the proceeds shall be al'plied 10 the snms secllled hy this Secnrity Inslrumenl whether or not dIe sutn.! are then due, If 111. Property Is abandoned by Borrower. or if, after nOlice hy Lender 10 Borrower Ihilt the condemnor offers 10 make an award or Stute a claim for damages. Borrower falls 10 respond 10 Lender within 30 days afler the dale the nOlice is giveu. lender Is authorized 10 collect and apply the proceeds. at Its oplion, either to resloration or repair of Ihe Propeny or to Ihe sums secured by this Securiry Instrument. whether or not Ihen due. Unless Lender and Borrower otherwise agree In writing. any applicallon of proceeds \0 principal slmll nol eXlend or poslpone the due dale of the monlhly payments referred to in paragraphs I and 2 or change Ihe amount of SUGh payments. 11. Borrower Not Releastd; Forbearance By Lender Not a Waiver. EXlension of the time for payment or modification of amortizalion of the swns secllled by dlls Securiry Instrument granted by Lender to any successor in interesl of Borrower shall not ope,ate 10 release the Iiabillry of the origifllll Borrower or Borrower's successo," in interesl. Lender shall nol be required 10 commence proceedings againsl any successor in imeresl or refuse 10 extend lime for paymem or otherwise modify amonizalion of the sums secured by dlis Security Inslrumem hy reason of any demand made by the original Borrower or Borrower's successors in imeresl. Any forbearance by Lender in exercising any righl or remedy shail not be a waiver of or preclude die exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co.slgners. TIle covenanlS and agreemems of Ihis Se\'uriry Instrument shall hind and benefil Ihe successors and a!Sigo.l of Lender and Borrower, subject to Ihe provisions of paragraph 17, Borrower's covenants and agreements shall be joint and several, Any Borrower who co-sign., this Securiry Instrument bul does not execute the Nole: (a) Is co-siglllng this Security Inslrument only 10 mortgage, gram and convey that Borrower's interest In the Propel1y under the temlS of this Seeurhy Inslrument; (b) is nol personaily obllgaled to pay the S\II11.! secured by this Securiry Instrument; and (c) agrees that Lender and any other Borrower may agree 10 extend. modify. forbear or make any accommodations with regard 10 the terms of this Security Instrument or the Note without thaI Borrower's consenl, 13. Loan Charges. If the loan secured by lids Securlry Inslntment is subjecI to a law which sels maximum loan charges, and that law is finally Interpreled so thaI the Interesl or other loan charges collecled or 10 be coilected in conneclion with Ihe loan exceed the permitted limits. then: (a) any such loan charge shail be reduced by the amount necessary 10 reduce the charge 10 the permitted IImll; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded 10 Borrower, Lender may choose 10 make Ihis refund by reducing the principal owed under the NOle ur by maklng a direct payment to Borrower. If a refund reduces principal. the reduction wiil be Ireated as a partial prepayment without any prepaymenl charge under the Note, 14. Notices. Any notice tu Borrower provided for in this Security Io.!trument shall be given by delivering it or by mailing it by f:rst class mall unless applicable law requires use of another method, The notice shall be directed to the Propeny Address or any other address Borrower designales by notice 10 Lender, Any notice to Lender shall be glveu hy first class mail 10 Lender's address stated herein or any other address Lender designates by nOlice to Borrower, Any notice provided for in Ihls Securlry Instrument shall be: deemed to have been given to Borrower or Lender when given as provided in thls paragraph. 15. Governing Law; Severability. This Security Inslrument shall be governed by federal law 100d the law of die jurisdiction In which the Properry is localed, In the event Ihat any provision or clause of this Security Instrument or the NOle conflicts with applicable law, such conflicl shall nol affecI other provisions of this Securlry InSlrument or the NOle which can be given effect without the conflicting provision. To lilis end the provisions of this Security Instrument and the NOle are declared 10 be severable, 16. Bnrrower's Copy. Borrower shall be given one conformed copy of the Note and of Ihis Security Inslrument, 17. Transfer or lhe Property or a Benenclallnterest In Borrower, If all or any pan of the Properry or any interest in it is sold or lransferred (or if a beneficial Interest in Borrower Is sold or Iransferred and Borrower is not a nalural person) without Lender's prior written consenl. Lender IThlY, al its oplion, require immediate payment in full of all sums secured by this Security Inslntment, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of Ihe date of this Securily Instrument. If Lender exercises this opllon, Lender shall give Borrower oolice of accelerallon, The noticc shall provide a period of nol less than 30 days from the dale the nOlice is delivered or mailed within which Borrower must pay all sums secured by this Security Inslntment, If Bonower falls 10 pay lI1ese sums prior 10 the explralion of this period, Lender may Invuke any remedies permiued by dl'S Seeuriry Inslrument without funher nOlice or demand on Borrower, 18, Borrower's Right 10 Reln,tale. If Borrower meets cenain cnnditions. Borrower shall have the righl to have enforcement of Ihis Security Instntment discominued al any lime prior 10 Ihe earlier of: (al 5 days (ur such olher period as ITEM 111!O1.4 l1l211) Doold 00000009,H form 3039 9/90 (pagt 4 of 6 PURU) GruIL.k..Ollllll...fOlml,lnQ, . TDOrdftr C.II: l'IOO'~30'\l:JDJ [If AX 811.111.1131 ACCTH 100064741 BOOk 1325 PAGE. 69 applicable law n~lY specify (or rehLSlalclllcnC) before sale of Ihe PropcrlY pursulun 10 any powcr of sale conlalned in thl. Securhy Instrurnem; or (Il) enlry of a jndgmem enforcing Ihls Security InMrulllenl. Those condhion. arc Ihal Borrower: (a) pays lender all sum., Which Ihen wonld be: due nnder Ihl. Sccurlty frLllrUllIenl and Ihe Nllle as If nil acce!erallon had occurred, (b) cures any de(ault of any olher covenants or agreelllenlS, (c) pays all expen,c. Incurrcd in enforcing this Securhy InSlrumenl, Including, bUI nol 1I1l111ed 10. r.asonahlc anorncys' fees; and (d) lakcs such aClion lIS Lcnder Illay reasonably require 10 assure Ihal Ihe lien of dlls Secnrhy Insmllllenl, Lender's rlglns In tlte l'roperlY and Borrower's obllgadon 10 pay the sums secured by Ihls Secnrhy Inslrumenl shall cOnllnne unchanged. Upon relUSlalement hy Borrower, tWs Security loslrumenl and dIe ohllgadons secnred herebl' ,hall remain fully "ffecllve a, If no accclenlllon hml occurred, However. dlls rlghllo reins tale shall not apply In dIe c,,'c of acccleralloll under paragraph 17. 19. Sale of Note; Change of Loan Servicei'. 'nlt Now or a partial Inlere'l in tlte NolC (Iogedler with Ihi, SecurilY InslrUmenl) may be sold one or more limes without prior nollce 10 Borrower, A sale n~1Y re,ult In a chahge in the emhy (known as the "Loan Servlcer") Ihat eollecls ,"unddy paymenls due under the Nole and this Securhy InSlnllnem, TIlere also may be one or more changes of Ihe Loan Servlcer unrelaled 10 a ,ale of Ihe NOle, If Ihere I, a change of dIe Loan Servicer, Borrower will be given wriuen nOlice of Ihe change in accordance with paragraph 14 ahove and applicable law, TIle nolice will stale the name and address of the new Loan Servicer and Ihe address 10 whleh paymem, ,hould be made, The notice will also contain any other informal Ion required hy applicable law, 20. lIazardollJ Sub'lances. Borrower ,hall nol cause or pcrmltlhe pre,ence, u'e. dl'posal, slOragc, or rclcase of any Hazardous Substances on or in the Property, Borrower shall nOI do. nor allow anyone elsc 10 do. anyd.ing affccling Ihe ProperlY thai i, in violation of any Environmen~ll Law, The preceding two semenees shall not apply 10 Ihe pre'ence. use, or S10rage on Ihe Property of small quamitles of lIazardous Substanccs lhal are generally recognized to he appropriale 10 normal resldemial uses and to maintenance of the ProperlY, Borrower ,hall promptly give Lender wrillen notice of any Investigalion. claim. demand, lawsuil or odler aclion hy any governmental or regulalory agency or privale party involving Ihe ProperlY and any Hazardou, Substance or Envlronmemal Law of which Borrower has actuat knowledge. If Borrower learns, or is nOlified by any govemmemal or regulatory authority, lhat any removal or olher remediation of any Hazardous Subs lance affccling the ProperlY i, necessary, Borrower shall promptly take all nccessary remedial actions in accordance with Environmental Law, As used in this paragraph 20, "Hazardous Suhstance," are those substances defined as loxic or hazardous ,ub'tances by Environmental Law and Ihe following substances: ga,oline. kerosene. other flammable or toxic pelroleum products. toxic pesticides and herbicides. volatile solvent', materials containing asbeslos or formaldchyde. and radioactive malerial" As used in tW.s paragraph 20, "Environmental Law" mean, federal laws and laws of the jurisdiclion where the Property i, located that relate to health. safety or environmental prolcctlon, NON-UNIFORM COVENANTS, Borrower and Lcnder further covenant and agree as follows: 21. Acceleration; Remedies. Lender ,hall give nollee to Borrower prior to aceeleratlon following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides othcrwlse). Lender shall MlIfy Borrower of, among other lhlngs: (a) the default; (b) the action required to CUfft the default; (c) when the dcrault musl be cured; and (d) that failure to eure the default as specJned may result In acceleration of the sums secul'Cd by this Security Instrument, foreclosure by jUdicial proceedlng and sale of the Property. Lcnder shall further Inform Borrower of the right to rellLstate arter acceleration and the right to assert In the foreclosure proceeding the non-exbtence of a default or any olher defense of Borrower to acceleration and foreclosure. If the default Is not cured as 'pecined, Lender at Its option may require Immediate payment In full of all sums seeured by lhls Security Instrument without fnrther demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing lhe remedies provided In this paragraph 21, Ineludlng, but not limited to, attorneys' fees and cosls of lIt1e evidence to the extent perl11ltted by applicable law. 22. Release. Upon paymem of all sums secured by Ihis Security In'trumem. thl, Security Inslrumem and the estate conveyed shall lerminate and become void. After ,uch occurrence. Lender shall discharge and salisfy Ihis Security Instrumem without charge 10 Borrower, Borrower shall pay any recordation costs, 23. Waivers. Borrower. 10 tI.e eXlem permllled by applicable taw. waives and releases any error or defects in proceedings to enforce this Security Inslrumem. and hereby waives Ihe benefit of any present or future laws providing for stay of execulion. extension o( lime. exemplion from allachmem. levy and sate. and homestead exemption, 24. Reinstatement Period. Borrower', lime to reinstate provided in paragraph 18 shall extend 10 one hour prior to the commencement of bidding at a sheriff's sale or other ,ale pursuanlto this Security Instrument, 25. Purchase Money Mortgage. If any of Ihe debl secured by tWs Securhy Instrurnem Is lem 10 Borrower 10 acquire thle to the Property. this Security Instrument ,hall be a purchase money mortgage, 26. Inlerest Rate Arter Judgment. Borrower agrees thaI the Imerest rate payable after a judgment is entered on the Note or in an aCdon of mOrlgage foreclosure ,hall be the rate payahle from lime 10 time under the Note, ITEM 18&OLS (9211) Doqld 'looooooa"" Bood325 PAGE. 70 Fo"" 3039 9/90 (pagt 5 'if 6 paR"1 Qrul L.ku BlI'ln...Forrnl,llICl. . To Old,r 0.11: '..OO.530.IJI:] LlFAX "&.711'1131 ACCT# 100064741 27. Riders to thl. Seeurlly In...rulneul, If one or more riders arc execuled by Borrower aud recorded logether with lhJs Security Inslrumelll, lite cove naill' and agreemelll' of each ,uch rider ,hall be Incorponlled Inlo and ,hall amend and ,upplement dIe covenanlS and agreemem' of Ihls Security In,Crumelll a, If Ihe rider(s) were a pari of dtis Security Inslrumelll, [Check applicable box(e')f [I AdJnslable Rale Rider [I Condominium Rider [J 1-4 Family Rider [/ Gradualed Paymelll Rider [) Planned Unit Developmelll Rider ["I Biweekly Paymenl Rider 0 Balloon Rider ['-I Rale Improvemem Rider [] Second Home Rider [gl Ollter(,) ('pecifyl RIDER TO PARAGRAPH 18 AND ADDENDUM BY SIGNING BELOW, Borrower accepts and agree' 10 lite lenos and covenalll' COlulllned In page' Ilhrough 6 of litis Securlly In.crument and In any rider(,) execuled by Borrower and recorded wllh II, Witnesses: II : / 1-' __~!~'J ~ _~________________ (; . /' ~~ ".." I NBAUGH .Borrower ---____ (Seal) -Borrower (Seal) .Bortowef COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND Coullly ss: On chJs. lite 5i-L day of ..-1 t,L,l<-L-- . before me. Ibe undersigned officer, personally appeared CATHY E HEINBAUGH and DAVID A HEINBAUGH SR, AS TENANTS BY THE ENTIRETY known 10 me (or sallsfaelorily proven) 10 be Ibe person 5 whose name a re subscribed IU Ibe whhin lustrumelll and acknow,ledged thai they execuled Ibe samc for the purpose herein eonlalned, .- ",'"\JIl..; :'. .' ,j\.. .,) IN WITNESS WHEREOF, I hereunto sel my hand and Off~seaI. ". , ,.:;:,ii'/. i.',:, 1/" My Co NP~T'ARIAL SEAL r---L"'y '\A' (t;~frl).~':\~: I!' DENISE SNIDER, NOTARY PUBLIC '-------..:: ~ ':; ..' --'-T CARLISLE BORO, CUMBERLAND COUNTY _."(:'/),.;. ,,''. ",.';." MY COMMISSION EXPIRES OCT. 18, In9G __ . .;0 Till; ;;r offl&.r. Member, Pennlylvanla Alllellli.n If Nmrles .. '. ;",:,,'>' _' CERTIFICATE OF RESIDENCE I, do hereby centfy dlalChe COrrect address of Ibe wllbln named lender Is 101 South George Street, PO Box 15068, York, PA 17405-7068 Witness my hand ibis day of' Agene of Lender ITEM IVSOl8 (~2' II Doold 0000000944 Bood325 rAoi 71 "'onn 3039 9/90 (pugt 6 ,,/ is PI'NfS) QtUll.kU 8111In... rfHml. file. rODld"C.II: \.IOO,53o.t3U OFAX '11.191'1l31 ACCTH 100064741 NOTE JUtlE 5,1996 CARLI SLE (Citvl PENNSYLVANIA IStu~1 n5 OLll Mill. ROAD, CAIHISLE, f'A 11013 lI'lllflEIIY AII,Ir'"1 I. 1I0RROWI':R'S I'HOMISE '1'0 I'h V III return fur a 101111 lhnl I IUlVC rccclvt'll. I "ftJlllt~e II' fIllY IJ,S.~ 78,000.00 (thl'! amount 1'1 cllllcd "llrillclllal"), pllJ'Illllt'fe'll. to thc tIIller ur the l.cnd",. Th~ I.cllder 1'1 VOf'k fed.lra I Sail I ngs and loan Association, 101 South Goorgo St.'oot, PO Rox 15069, YOI'k, PA 17405..7069 . 'u",lcumntl ulIn lhel.endcr may 11lUUrer lhi, Nnlc. The I.cllIle, CIt 11111 \ It! whl) lukt,' Ihi'! Nillo by IrllIl'l(cr Dlld who h cnUtlcd to fecolve 1I1lymcllt. Ul1tlN thl. Nolo 1'1 cnllcd lh~ "NCIIO 11t11t1M," I, INTERF.ST IlIlert'll will hc chargell on 1I01'"i<l Ilfilltlll,,1 uutjltho 11111 llllllllllll 1'( I'lilU'lllitlllll'l br.oll pnltt I will (lIlY IIIICre,'IllIt It yrnrly HUe or 7,500%, 'nlC~ 111lCIC'IIIRI(llclIulred by 1111.'1 Sct:tlull 7. I~ tho 'llle I wlllllll'y bolh bdore ami aher nil)' ddauh llcscrlhcd In Scellon 6(0) Ilf Iht. Notr!. 3, 111\ \' "U:NTS (A) 1'llIIt IIlId I'htct or PAynunU I will pay prim::lllal aud Inlctc." by making paymenu oVllr)' monlh, I will mllke my monthly 1'lJymenl' on Ihe 1ST tlltY or r.ach I1lnrHh heglllnlng on AUGUST 1 1996 I will make the~e payment. CV<Hy month unlill havo p!tid nil or Ule l'rlncll'alnnd Inlerul anll nny olhor chnrgc:\ de!cribed below that 1 may owcundcr Ihls NolO. My fllOFllhly payments will he op"lIcd 10 Inlcrc.n hermo prlnelpnl. 1(, Oil JUl Y 11 2026 ,I ,till owe IUlIOUI\l1 undo, this Noto, I will (loy tho:le amoulll.'lln rull on Ihnt dnlc, which Is called Ihe "malllrlly Illlle." I will 010" my mOlllhlyp.ymcnl"l YORK fEDERAl. SAVINGS AND l.OAN ASSOC, 101 SOUTII GEORGE STREET, YORK, PA 17401 ornludlffClcntplacclfrcqulJcdbythcNOIclloldcr. (8) Amount or Monthly ra)'ltIelll~ My monthly payment will 00 In Ihe llmOUlll or U,S.S 545.39 4, nORROWF.H'S HlllllT 'I'll rH.:I'h V I have the rlshlto make payments or principal al any time befme thoy ato due. ^ paymenl or principal only is known... a "prepayment" When I make a prepaymenl, 1 wllltelllho Note Holder In wrhlnfllhet I am dolo, so, I may mAke a (ull prepaymenl or partial prepaymenl' wlthoUl paying any prepaymenl ehMKe, The NOle Holdor will use all or my prepaymcllls 10 reduce ilie amounl or prinCipal that I owe under thl~ Note. H ( make a pnrlial prepaymenl, Ihert. will be no ehanKe~ In the title dalc (lr In lhe amount or my monlhly "aymenl unleu the Note Holder dgree~ In wrltinR 10 lhme change." !, l.OhN CIIARClF.S Ir a law, which lljlplle~ 10 lht. 10lln and which sel~ mllxlmum loall charge!, is filially lnlcrprctcd so thllllhc lnterc.~t or mher loan charges collected or to be collected In connection with Ihl~ lonn exceed the JlCrmitlt.~lllil1lil', then: (I) any such loall charge shall he reduced hy lhe amount nrcessary to reduce the charge to lhe penl1l11cd Iimil; and (il) any sums alroady collectcd horn me which exceeded JlCnnlucd limits will be rcCunded lU me. The Note Holder may chomc to make thl'i rerund hy reducing the principal I owe tlntler Ihl'i Note or by making a dlrec1llayment to me. Ir a reCuml rcduces principal, the reduction will he trented 1.1 a partial prepayment. 6, 1I0RHOWF.It'S FAII.UHF. TO r,\ V hS ItJo:QlJlREIl (A) tall! charRI! ror Overdue l'aymeuU Ir lhe Note Holder ha., nOlleceived lhe rull amounl or IDlY momhly payment by the Ilnd or FIFTEEN"" calendar day!! arler the date 1\ ,-, due, I will pay alate chlU'lIc 10 the Note Holder. The amount or lhe chusc will be 5,00 % of my overdue paymcl1t o( prlllclpaJ and i1l1eres!. I will pay ~l!llate chugc pwmplly hut ooly ollce on ench laic paymont. (II) 11.I.ull lC I do not pay the full amount of cach monthly payment on the dale II is due, I will be In derault. (C) Notice of Oeel1ull Ir I Rill III tlefault, the Nole Holder may send me a wrl!lcllllotlcc lelllllg mc that If I do nOI pay the overdue Rmoullt hy a cert.11n dale, the Note Holiler may require me 10 pay Immediately the full amount of principal which ha.~ not been paid and all the Interullhat I owe on thai amOllnt. Thai date must he al IUMI 30 day'i after lhe date on which the notice l'i delive'lld or mailed to me. (0) No W.lnr 11)' Note lIolder l!'1en IC, at a tJme when I am III defnuh, Ihe Nole Holder doe!lllOI require me to IIay Immediately In full Bsllescritled ahove, Ule Note llolller will stili have thc llsllt 10 do so I( I am III derau" at a later time, (F.) 'lAymen' or Note nolder', COlt' and E~ptn~u If the NOle HaIdet IlIt! ri!qulred me to pay Immediatoly In full a. de!lcrlbed above, the Note Holder will have dlC right to be paid back by me ror all (I( II.! CO~l" and expenses In cn(orclng this Note 10 the exlcn' nol prohibited by applicable law, 'Ollue oX(Xln!cJ Include, ror example, rea..onable attorneys' ree!. 7. OIVINCl OF NOTlCF.S llnlcs!llll'Jlllctlhl~ law r<lllllllCS a dUCcrcnt method, any noLlcc thai muSI be Mlven 10 me under this NOlO will be given hy deU'IerlllM it or hy lIlalllnlllt hy flnl clau mall to lIIe allhe Property Addrc~s above or al a dUferclll addreu If I give Ule Note Ilnltlcr l\ n\ltlce or my dUfercnt address, Any l10llce Ulat 1111l~t he given 10 the Noto Ilolder under this Note will be gl'len by mailing II by flut cia.... mail to the Note Ilulder lit the adtlre,~s ~lllted in Section 3(A) ab(we or III II dlfCerent addreulC I am gl'lcn a nollee of lllal dlUercnl atltlrcn. 1~:~AiI.--... ..Cf.H:._ L: Inllllll Inilllh MULTISTATe"FIXED RATE NOTE. Slnol. F.mll, . FNMAIFNLMO UNIFORM INSTOUMENT Fo.m 3200 121" fo)lm '''flll (..,~) Plql' oil (lo)~l~ 00000001" n"llll.tI h,hlltl 'Ol!ll'. lilt . uu HOlHnO~ct D 1M 1,'QUS"'tOlJ In ltl.1-I11,IUl 'By initialing, the Dorrower(!I) acknowledgc(s) that thl! pagc I!! pase 1 of 2 III 0" Mull;'Ia" Fi"d Ra" No..:' ACCTI 100064741 (0) -"" ',- ~ t~" f~Z ,..:1 ~ ,:,... 0', " <I: ~'i ,f_-'_l :,-,;' ~IJ" 'K' I .> ,'f ~2C:, It :,: ~.:l (","j " CI}(~)' ..;,' ' ~.,-~ I,', ()' , , (:,-:,1:- if'" ..-,.' I i'~ ')..1 ~. ,,~ .'t_. U-rl_ :..:.1 i'.I'...... ,-- -") ~) ~ cO 0' (.) ~ ~ ~ 1.0 ":t re ^lIVJ.ONOHI0~d ..,............,.... ..~~'r~nmV:L~(;;~~". gb'6l/...o....,,~.;t..6).".~.r... r<1 ~ ,,:, o d"' .3 .J 1t c(, 11 .J J ~ eo .... II':' b ... ,L:.. f.. S;2 ~3 ~~s ,....., 1'5:'; f'(' ~.:: (.)~'1:.' .~: :1 ~I": ;'1 i')r, In ',tl~~ f}lJ. !.IL. I ,:I:Z ~JlIi (D '1llD ti. 'I ::) f(\r.l. F ..., -..';: ", \5 co .J r:.r' <..) fk, f cl -f- t j t1J ~ ~ ~ 0 .-I -s.. r6 L.... ..... (") .3 -t ir; ~ 0 ! .. 8 c- i .(. ,€) HI. C~J (-,I' -:j::j ---I 1=1 f ~ . I.'. ':1 (ii, 1-; CJ j " .'-', ,:-,) I" fl.;' 'fII ': , ) I' I I (,.., I " U (j U', '- (q f.--' r- .. '\~ \ , , t " <....j , Cl , , r ~ '_ j', L) i I C , I}! , ('~j r._.1 I , !- '-, u "',~.; I cn i , , C'\ t) J.', ,,_(1 (7,\.1,,". 'V t(~, (' i/\-I e_ I I I ;,':~ t,_ CC 'I l_' u. .> o o \() j ~ ~ 0 n> r i'I 'f1 j ~ }crtk> . l' :fl " r-L ~ .~. ~ri'i .g itamid -s. 1J~ 11_ -s.. .4. 1- t Q 080.901,:) () l() (L()~ ..... t.O I.() cT H> ~ _Ill Cf -:1" It) ~ f/J ~ " lJ.. cO 1 o i <V ~ ? -0 tJ -0 J .J "1" J j g ~ 0 . - ~ LD !Ji IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No, 98-3134-Civil vs, CATHY E. HEINBAUGH DAVID A, HEINBAUGH, SR. Defendants Action in Mortgage Foreclosure ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded anti described in accordance with a survey prepared by Wilbur H, Clifton, RS., dated August 9, 1980, as follows, to wit: BEGINNING at a point in the centerline of L.R 21004, said point being 262,75 feet South of the property line of Paul A. Sollenberger and Melvin L. Fry; thence along Lot No.3 on the above mentioned Plan, North 75 degrees 24 minutes 40 seconds East 328.90 feet to an Iron pin; thence along lands of Melvin L.. Fry, South 14 degrees 35 minutes 20 seconds East 103,15 feet to an Iron pin; thence still along lands of Melvin L. Fry, South 75 degrees 24 minutes 40 seconds West 310,00 feet to a point in the centerline of L,R 21004; thence along the centerline of L.R 21004, North 27 degrees 00 minutes 35 seconds West 71.35 feet to a point; thence still along L.R. 21004, North 20 degrees 36 minutes 08 seconds West 33,55 feet to a point, the Place of BEGINNING, CONT.A.lNING 0,760 acres more or less and being Lot No, 2, as recorded in Cumberland County Plan Book 47, Page 94, BEING the same premises which Melvin L. Fry and Margaret J, Fry, by their Deed dated April 15, 1985, and recorded on April 16, 1985, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 31-E, Page 1057, granted and conveyed unto David A, Heinbaugh and Cathy E, Heinbaugh, the Mortgagors herein, BEING designated as Tax 1.0, #14-6-27-8B, SEIZED IN EXECUTION as the property of Cathy E. Heinbaugh and David A, Heinbaugh, Sr., as Judgment No, 98-3134-Civll, Property is a tan modular, ranch style, single family home, NOTICE is further given to all parties in interest and claimants, A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania on January 8, 1999, and that distribution of said proceeds will be made In accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter, EXHIBIT A ." , THE NAME OF THE OWNER or REPUTED OWNER OF THIS PROPERTY IS: CATHY A, HEINBAUGH DAVID A. HEINBAUGH, SR. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale In accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to It within ten (10) days of the date it Is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF Ttlf SALE OF YOUR PROPERTY, It has been Issued because there Is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR rgLEPHONE THE OFFICE SET FORTH BELOW 1'0 FIND OUT WHERE YOU CAN ~ET FREE LEGAL ADVICE;: THE LEGAL RIGHTS YOU MAY HAVE ARE: I, You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file a petition with the same Court If you are aware of a legal defer.t in the obligation or the procedure used against you. 2, After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause, This petition must be filed before the Sheriff's Deed is delivered, ~-' . i"'~ i , r,'i' , t_-;- (":J uJ [ " ?~ , .1 [L. , (-1_' , , tI \' r.<J , '! {iJ , ~;~ i , 1 (t:- il.;,.. , , c"-:") "'j l,."' 0' () , , ,... , , r~ I "" , '" r;~~J (::1 i': , , L , L) I I C I C: 1-' (-",) Ul b , c..'.! I t-' I ;',0) :L 1lIi,( tL < ,~ U en . > , ~ , >" [~ ~ f~ , LI " , f ~ ( , . ) !J::' (.~i ift (j , -- l.I,! i I~ <-,_I I ~_" i.1 , , , , ~:i U, (~ -~) (J Li~ b ;" I ~, f. i'.", !i; " ; I :1. ~ " IU' ! I ! -., e~1 '(to, . .. ., ': : U.I' () \\ i(:)'l~ 'of;! \ . :\ 1:,,; , i , , c!) p.. c;" C:.) , York Fedel'lll Suvings und I,oun Association -vs.. Cathy E, Ileinbuugh und Duvid A, Heinhllugh In the Coutt of Co 111m on I'lells of Cumberland County, I'ennsylvllnia No. 98-3134 Civil Teran Kuthy .I, Clarke, Dcputy Sherin~ who bcing duly sworn according to law, says on October 7, 1998 ut6:S3 o'clock I',M, E, I), S, '1'" she posted a copy of real Estate Writ Notiel) Postcr and Description on the property located at 335 Old Mill Road. Curlisle, Cumberlund County, Pennsylvuniu uceording to luw, Kathy .I, Clarke, Deputy Shcriff, who bcing duly SWOI'l1 according to law, SlIYS on October 7, 1998 ut8:ll6 o'clock I',M, E, D, S, '1'.. she served a true copy of Rcal Estate Writ Notice Poster and Description in the ubove entilled uetion upon one ofthc withinnumed defendunts to wit: David Ileinbaugh by muking knownunlo David Hcinbaugh ut 35 Spring Road. Apt # I, Carlisle, Cumberland County, Pcnnsylvllniu, its contents and ut the sumc time handing to him personally the said true und ullested copies of thc same, R, Tholl1us Kline, Sheriff, who being duly sworn according to law, suys he made diligent search and inquiry for one of the within named defendants to wit: Kathy E. Heinbaugh, but was unable to locute her in his builiwiek, He therefore deputized the Sheriff of Jeflj)rson County to servc the within Real Estate Writ Notice Postel' and Description according to law, JEFFERSON COUNTY RETURN: Now October 6,1998 at 7:45 o'clock k P.M, served the within Notice of Sheriffs Sale of Rcal Property Pursuant To Pa Rules of Civil Procedure 3129,1 upon Cathy E, Heinbaugh, Defendunt at hcr residence, 56 Crestwood Tmiler Court. Borough of Brookvillc, .Jefferson County, PA by handing to her personally a true copy of the original Notice and made known unto her the eontents thereof. So Answers: Thomas A Demko, Sheriff Jefferson County, PA, R, Thomas Kline Sheriff, who being duly sworn according to law, says hc scrved the within Real Estatl: Writ Notice Postel' and Description in the above entitled action in the following manner: The Sheriff mailed a notice of the pendcney of the action to one of the within defcndants to wit: Cathy E, Heinbaugh by Certified Mail Ketul'll Receipt Requested Restricted Delivery Deliver 10 Addressee Only, This lettcr was mailed under the date of September 30,1998 and received by Cathy Heinbuugh on October 6,1998 the Return Receipt card signcd by Cathy E. Heinbaugh on October 6, 1998, The Rcturn Receipt Card is hereto attached, R, Thomas Klinc. Sheriff who being duly sworn according to law, says he served the within Real Estlltl: Writ Notice Postel' and Description in the following manner: The Sheriff mailcd a notice of the pcndeney of the aetion by regular mail to one of the within named defendants to wit: David A, Heinhaugh to his last known address 335 Spring Road Apt # I, Carlisle, Pennsylvania. This Letter was mailed under the dale of October 8, 1998 and never returned to the Sheriffs Of!1cc, R, Thomas Kline, Sheriff, who being duly SWOI'l1 according to law, says he served the within Real Estate Writ Noticc Postel' and Description in the following manner: The Shcriff mailed a notice of the pendency to one ofthc within namcd defendants to wit: Cathy E, Heinbaugh by regular mllilto her last known address 56 Crcstwood Trailer Court, Brookville, PA This letter was mailcd under the date of October 26, 1998 lInd never returned to the Sheriffs Office, iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No, 98-3134-Civil vs. CATHY E. HEINBAUGH DAVID A, HEINBAUGH, SR. Defendants Action in Mortgage Foreclosure ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a sUlvey prepared by Wilbur H, Clifton, RS" dated August 9,1980, as follows, to wit: BEGINNING at a point in the centerline of L.R 21004, said point being 262,75 feet South of the property line of Paul A. Sollenberger and Melvin L. Fry: thf'nce along Lot No, 3 on the above mentioned Plan, North 75 degrees 24 minutes 40 seconds East 328.90 feet to an Iron pin; thence along lands of Melvin L, Fry, South 14 degrees 35 minutes 20 seconds East 103,15 feet to an iron pin; thence still along lands of Melvin L. Fry, South 75 degrees 24 minutes 40 seconds West 310,00 feet to a point in the centerline of L.R. 21004; thence along the centerline of L.R. 21004, North 27 degrees 00 minutes 35 seconds West 71,35 feet to a point; thence still along L.R. 21004, North 20 degrees 36 minutes 08 seconds West 33.55 feet to a point, the Place of BEGINNING, CONTAINING 0,760 acres more or less and being Lot No, 2, as recorded in Cumberland County Plan Book 47, Page 94, BEING the same premises which Melvin L. FlY and Margaret J, Fry, by their Deed dated April 15, 1985, and recorded on April 16, 1985, In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Deed Book 31..E, Page 1057, granted and conveyed unto David A. Heinbaugh and Cathy E. Heinbaugh, the Mortgagors herein, BEING designated as Tax 1.0, #14-6-27-8B, SEIZED IN EXECUTION as the property of Cathy E, Heinbaugh and David A. Heinbaugh, Sr" as Judgment No, 98-3134-Civll. Property is a tan modular, ranch style, single family home, NOTICE is further given to all parties in interest and claimants, A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania on January 8, 1999, and that distribution of said proceeds will be made In accordance with said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. EXHIBIT A ... THE NAME OF THE OWNER or REPUTED OWNER OF THIS PROPERTY IS: CATHY E, HEINBAUGH DAVID A. HEINBAUGH, SR. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and muniCipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a Judgment against you, It may cause your property to be held to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being sold or taken to pay the JUdgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly, YOU SHOULD TAKE THIS PAPER TO YOUR LAwYER AT ONCE. GO TO OR IELEPHONE THE OFFICE S1=T FORTH BELOW_TO FIND OUT WHEBE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered Judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the Obligation or the procedure used against you, 2, After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause, This petition must be filed before the Sheriffs Deed is delivered, "-.) THE NAME OF THE OWNER or REPUTED OWNER OF THIS PROPERTY IS: CATHY A, HEINBAUGH DAVID A. HEINBAUGH, SR. A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities 01' agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, In fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date It is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover & High Streets, Carlisle, Pennsylvania, THIS PAPER IS A NOJICE OF THE TIME AND PLACE qF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you, It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SeT FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I, You may file a Petition with the Court of Common Pleas of Cumberland County to open the JUdgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2, After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause, This petition must be filed before the Sheriffs Deed is delivered, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. _~'IO~,Jl~.4..,.~._.__ CIVIL MX'I'eml CIVil ACTION. lAW TO THE SHERIFF OF . O.lnber.l.and COUNTY: To satisfy the debt, Intorest and costs duo .. Yqr~...'yedj:l!'i!15.i!y.i.Qg~.9Q(L[panl\flflQ<:l~tJ,~!Q..... ,.'pLAINTIFF(S) from _...s;<.l~hl_F:._IIE!Inl>au.9.h_al1<l.lklv .-i(LfI,_I!~n_l>~J9!1!..~E'________m. ... .-.-------------------_____'_____________.___...._________...DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell__E~:eas_e see J~il!...c:JescriptiQn ......_~.~---- ,...---.------ -.-.. -_.._-~~----.-...-.._---,~~---_..-.---_.__. u___._.________.__._.._ .h....___________.., __ _. _.u________ .... ..--'-'-..--.~-._--_~_..__~_r (2) You are also directed 10 attach the property of the defendant(s) not levied upon In tho possession of __ ~-------_.._+-_._._--_.._---._._,.__......_---_._.__._~ ---_._------~_._---.~_.__.__._------~------_._-.~-------- -----_h...._._~_______._______......_H_~___~._~_.._.__.. ---_.._-----_._._--~--~_.-..-..._~._------_....._._~.- GARNISHEE(S) as follows: and to notify the garnlshee(s) that: (a) an attachment has been Issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the dofendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment Is found in the possession of anyone other than a named garnishee, you are direcled to notify him/her Ihat he/she has boen added as agarnishee and is enjoined as above stated, Amount Due_.,~.91. 61Q,lJL._._..__.....______ L.L. $.50 Interest fran 50QL2Lt.brough 12j9I,!~_~3, 07~. 34 Due Prothy _Ji.h9.D Atly~r8~lli'~~:}~$15~_~412 of_~__~Jielll.._..._____ Other Costs Late eharqes fran 5/30/98 throuqh 1.2/9/98 AttyPald _,$.l..2.l~_,____. (inclusive) at $27.~r IIDnth $163.56 and Plalntitt Paid Escrow De ,cit" .4 'Ii Dale: _._~~st 24. 1998 REQUESTING PARTY: Name __ Belliarnin F. Rig~ Jr" Esq. Address: ..JQLS.,-~Q_!"~J?.treet L--R:? BOX 15068 York, PA 17405-7068 -~-._-_.-.--- Attorney for: .,. Pl~i.~tif.!..______________, Telephone:_ll.~~~877~..Ext.._..}}0~___,___ Supreme Court 10 No, _1.2..0}0____._....._____..... Deputy **with interest frQn 12/10/98 at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $15.9412 per dIem. late charges from 12/10/98 at 5% of the nonthly payment amc~nt, currently $27.26 per IIDnth, escrow charges fnxn 12/10/98, currently $141.22 per IIDnth. attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate.