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HomeMy WebLinkAbout01-1110 FX , _J' .,,' , >--, 1.." , ,'"n- ,"-~_ , I..,,,,, . c'."'" ,,-- ,-- ".;..~.I,_, 0i .1 ,_c.,,-'. --,;, 'L~;';;;;; . ~;..,-,~ "~- ,'. "\;', r I t . " , Spear & Hoffman, P.A. BY: ROBERT W, CUSICK Attorney LD, No, 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No, : 0801315490 , 'y (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO, 01 - /110 C (l",'(-r~ vs, SA VERlO R, PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 DEFENDANTS COMPLAINT - CIVIL ACTION COMPLAlNT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 -~ . ,-__;0',-, .~,.__" ;-" - -. -'--_C'<~-'_"J_,' , ^l.". .,. ~'" ~"L.;; -~-.,;:'..,+""-,.:,.,,,...;,,_.:.'J~c;_;_d-";1{~~,_;";;;;;;;-,<~";;_~;-,'-,_:;_,___;' ~___. '-__"'^>><,j f l , ,-< A VISO Le han demandado a usted en la corte, Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion, Race falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandadas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion, Ademas, la corte puede decidir a favor del demandato y requiere que liSted cumpla con todas las provisiones de esta demanda, Usted puede perder dinero 0 sus propiedades 0 otros dereches importantes para usted, LLEVEESTADEMANDAA UN ABOGADO INMEDIATAMENTE, SINOTIENEABOGADO0 SINO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUJR ASISTENCIAL LEGAL, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 ., , -. :.-,. "~ .~ ".", - - - ~~ -- ~ -- , , '-.j' - . , < ~ - - , "",' b~J;.. :;ie"_,. 'd~ I<.,;;,.~:- .;' ;":,: '" .'~" > ~,. _'>;';'';'","" <_~~",_., ,'-.i t " - , Spear & Hoffman, P,A. -.. BY: ROBERT W, CUSICK Attorney LD, No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No, : 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO, vs, SA VERlO R, PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff is (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, with its principal place of business located at ONE RAMLAND ROAD, ORANGEBURG, NY 10962, 2, The names and last known addresses ofthe Defendants are: SA VERlO R, PELLEGRINO, 1524 E, DERRY ROAD, HERSHEY, PA 17033, 3, The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both, 4, On or about NOVEMBER 20,1998, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to ALLIANCE FUNDING COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: NOVEMBER 20,1998 DATE RECORDED: NOVEMBER 25,1998 BOOK: 1500 PAGE: 658 The Mortgage is a matter of public record and is incorporated herein as provided by Pa, R,C.P, 1019(g), A 1 { , - -,'" ,'-' .,,"', ,,',,""--. 1,'n._' ~-~- ' . ''-..<;4' - ~~, ",,-.1 ~--s_, . d ,-,'- <. >:-.' ,-"' .-'",", ,-,-, ,-"'-.~_ .0' :,---, , -~I , true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by '\ reference. 5, On or about NOVEMBER 20,1998, in consideration of their indebtedness to ALLIANCE FUNDING COMPANY, SA VERlO R, PELLEGRINO made, executed and delivered to ALLIANCE FUNDING COMPANY their promissory Note in the original principal amount of $171 ,000,00, A copy <:if said Note is attached hereto as Exhibit "B" and incorporated herein by reference, The Note is referenced herein only insofar as the terms ofthe Note are incorporated into the Mortgage, 6, Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: ASSIGNEE: ALLIANCE FUNDING COMPANY (326) LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 11/1/98, SERIES 1998-4 N/A DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7, The Mortgage is secured by property located at 510 SOUTH MARKET STREET, MECHANICBURG, P A 17055, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference, 8, The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JUNE 6, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees, 9, The following amounts are due on the Mortgage: Principal Balance $169,436,57 PER NOTE% interest from MAY 6, 2000 to January 31,2001 at $52,56 per day $12,425,96 $581.25 Accrued Late Charges 2 -1 J _ '.,.-' --"-.~ ,"-"'", ,0.'.0_---' - - ~, . _.~"_-~ ;I,; -.,1:.. ,"".'__ _I:;:'M'~;_ - .:,. ,_,'_~;';:_~-'~____;"'\;~_~""~';"_-~_;_ '~ . Property fuspections $205,00 '\ Estimated Attorney's Fees $3,600,00 TOTAL AMOUNT DUE $186,248,78 futerest continues to accrue at the per diem rate of$52.56 for every day after January 31,2001 that the debt remains unpaid, 10, The original principal balance of the Mortgage is in excess of $50,000,00 and therefore, Notice offutention to Foreclose Mortgage, pursuant to Act 6, 41 P,S, ~403 is not applicable, 11. Pursuant to the notice provisions of Act 91, 35 P,S, ~1680.403(c), notice was sent to Defendants, dated AUGUST 18, 2000, Copies of the notices to the defendants are attached as Exhibit "D", Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency, 12, Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E", WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises, DATE 2-- \ \ ~ \ 01 SPEAR & HOFFMAN, P,A, RO~ 3 t"'- II ~, .~_~, I ....".,_~ .J < t ""';':-! Jan 18 Dl 11:34a \' L p,7 , , " VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her infonnation, knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa,C.S,A, Section 4904, relating to unsworn falsification to authorities, Date: V. 1200/ , ~ /lc/; /f5;f}~ C{)~/I' --' c:/-'P' UREEN P. TOAL Foreclosure Specialist ( Exhibit "A" -"~~" ~~.\" . .le.- .,- L" .Lh';"; -" 1r"n.c , " :,:'0;1! ~ :,: '~(;;~~'t'ji i)r ~~lDS '!..-Slh!....~i:J COIJNTY- f"A '98 NOU 25 PI'I 2 25 [Space Abovc:This UIIIl ForRecordingDllbI] Prepared by: CRYSTAL RADER. -\CCOUNT#: 0801115490 IL )Jl MORTGAGE THIS MORTGAGE("Security Instrument") is given on NOVEMBER 20, 1998 . Themortgagor ;, SAVERIO R PELLEGRINO ("Borrower"). This Security Instrument is given to Alliance Funding Company. Division of Superior Bank FSB which is organized and e.>dsling under the laws of The United States . and whose address is /135 CHESTNUT RIDGE ROAD, MONTVALE. NJ 07645 ("Lender"). Borrower owes Lender the principal sum of ONE mJNDRED SEVENTY-ONE THOUSAND AND NO/100 Dollars (U.S., $ 171,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrumentf'Note"), which provides for monthly paymen1s, with the full debt. iroot paid earlier, due and payable on DECEMBER 01, 2028. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, witb interest, advanced under paragraph 7 to protect the setlurity of tbis Security Instrument; and (c) the performance of Borrower's covenants and agreementS unde( this Security Instrument and the Note. For this Purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERIAND County, Pennsylvania: [2;1 If this box: is checked see Schedule A annexed hereto and made a part hereof. which has the address of 510 SOUTH HARKET STREET MECHANICSBURG [city] ISkeet] ,Pennsylvania 17055 {ZiI'COlle] C'Property Address''); AilID J'E:(NSVLVA.'1IA..sin~lc Familr_Faaale Mae/'Fredle :l-Ia< UNIFORM INSTRVfI1E1o.i MGJIlJ'1A.J'AM {IJR 2121II8) FORMJlll99/90~1'f'JHlJ'P) 80011500 piG! 1658 ",,'" ";';'t' ~~ ,~ ,-. - "'~ '-"~ -1MWo .'",-, j,{,~,'i . , TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument a<; the "Propert)'." BORROWER COVENANTS tbat Borrower is lawfully seised of lhe estate hereby conveyed and has the right to mortgage, grant and convey the Property and Ihat the ProperlY is unencumbered, except for encumbraneesof record. Borrowerwarrants and will defend generally the title to the Property against aU claims and demands, subject 10 any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for; (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold pa}'ments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, al any time. collect and 110ld Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Senlement Procedures Act of 1974 as amended from time to time. 12 U.S.C. Section 2601 et seq. ("RESPA "), unless another law that applies to the Funds sels a lesser amount. If so. Lender may. at any time, collect and hold Funds in an amount not to exceed the lesser amoutlt. Lender may estimate the amotmt of Funds due on the basis of current data and reasonable estimates of expenditures of future ~row l1ems or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may nol charge Borrower for holding and applyi.ng the funds, lU\t\Ua.1ty analyzing the e~fQW 8.<:<:'3unt, or verifying the Escrow Item-.;, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borro\Verto pay a one-time charge for an independentrea1 estate laX reporting service used by Lender in con~tion with this loan, unless applicable law provides otherwise. Unless an agreemenl is made or applicable law rct!.uites interest to be paid, Lender shan not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however. that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds WllS made. The Funds are pledged as additional security for aU sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts pennitted to be held by applicable law, Lender shall aecount1o Borrower for the excess Funds in accordance with the requirements of applicable law. Ifthe amount of the Funds held by Lender at any time is not sufficient to pay the Escrow llems when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no mote than twelve monthly payments, at Lender's sole discretion. . n;NNSYLV;loNl"'-Singlc'l'wmy.'I'_;.,l't~MRw.ilFOl\M>>lSTI\\.~ !I-IGlll39A.PAMII1R2Il/98) LOAN 1D: 0801315490 ALMV F01\M3ll-3'Jm9~2qf"parp} ,8Gd500 PIGE l659 1,,- 'i'_ { Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the lime of acquisition or sale as a credit against the sums socured by this Security Instrument 3. Application or Payments. Unless applicable law provides otherwise, all payments received by Lender under puagraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second. to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Chargesj liens. Borrower shall pay all laxes. assessments, charges, fines and impositions attributable to the Property which may attain priority over this Secmity Instrument, and leasehold payments or ground rents. ifany. Borrower shall pay these obligations in the manner provided in paragraph 2, or ifnot paid ill that manner, Borrower sha\\ pay tllem on time direc1.1y to the person owed payment Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligalion secured by the lien in a manner acceplable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings wbich in the Lender's opinion operate to prevent the enforcement of the lien; or (0) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Socurity Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Securily Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain covefllge to protect Lender's rights in the Property in accorolUlce with paragraph 7. All insurance policies and renewals shall be acceptableto Lender and shall include astandardmortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the evento[ loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower othetwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lenoer's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender th~ the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may llse the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writiog, any application ofproceeds to principal shall not extend or postpone the due date of the monlhly payments referred to in paragraphs 1 and 2 or chango the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. PEfI":'<SYLVANIA-8inglo Family.Fun;., M.e/Fredle r.J.. (jNlFORM lNSTRl1MENT MG3OJ9A.PAM(IIR211198) LOAN 1D: 0801315490 ALMW' FORM3OJ99191t{,l:>apJof9pagu} .Bood500 PACE <660 , ~' , ;li1 '-- -,I .J I~~ -.".-., 1.~!~ I I 6. Occupancy, Preservation, Mllinl' nance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall oc upy, establish, and use the Property as Borrower's principal residence within sixty days after the executio of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence fo at least one year after the date of occupancy, \IJIless Lcnder otherwise agrees in writing, which consent shall not be unreasonably withheld, or \IJIless extenuating circumstances exist which are beyond Borrow r's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any fOItbiture action or proceeding, whether c vii or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or therwise materially impair the lien created by this Security Instrument or Lender's security interest. Bo ower may cure such II default and reinstate, as provided in paragraph 18, by causing the action or preece ing to be dismissed wilh a ruling that, in Lender's good fanh determination, precludes forfeiture of the Borr wer's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest Borrower shall also be in default if Borrower, during the loan application process gave materiaUy false or inaccurate information or statements to Lender (or failed to provide Lender with a y material intonnation) in connection with the loan evidenced by the Note. including, but not limited to, rep esentations concerning Borrower's occupancy of the Property as a principal residence. If this S~urity Ins ent is on a leasehold, Borrower shall comply with all the provisions of tbe lease. If Borrower acquires e title to the Property, the leasehold and tbe fee title shall not merge unless Lender agrees to the merger in .ting. 7. Protection of Lender's Rights in he Propert)'. If Borrower faUs to perfonn the covenants and agreements contained in this Security Jnslrum nt, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate. for condemnation or forfeiture or to enforce laws or regulations), then Lended may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Prdperty. Lender's actions may include paying any sums secured by a lien which has priority over this Security lr.~ment, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. XthOUgh Lender may take action under this paragraph 7, Lender does not have to do so. Any amoWlts disbursed by Lender un er this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless orrower and Lender agree to other terms of payment, these BnIOWlts shall bear interest from the date of di bursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower request ng payment. 8. Mortgage IlI!urance. If Lender uired mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrow r shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mo gage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premi ms required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at cost substaJ1tially equivalent to the cost to Borrower of the mortgage insurance previously in effect, fr m an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance co erage is not available, Borrower shall pay to Lender each month a sum equal to one~twelfth of the yearly m gage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in ecl. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss erve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in th amount and for the period that Lender requires) provided by an insurer approved by Lender again becom available and is obtained. Borrower shall pay the premiums required ,to maintain mortgage insurance in ,ffect, or to provide a loss reserve, until the requirement for ~:~gage ''''"''''''' ond, in """"don"with on}" written og'..",ontbetw"n Borrow" ond Lond"o, .ppli"bl, 9. Inspection. Lender or its agent ma make reasonable entries upon and inspections of the Property. ~ender.shall give Borrower notice at the time f or prior to an inspection specifying reasonable cause for the Inspection. I I PENNSYLVA"'JA.Si"llle family-Fannie MaolFndie:\l"" UNU!OilM I\liSTll1IlI-1ENT MGlll39A.PAJ\1(1IRV1I9II) I I I I I LOAN ID: 0801315490 ALMX FOil'\{ 31139 9190 (poge- ~ r.f9J'<'t"") eood500 rAGE .661 r'~'''''~'''~ ~, " L'.I,-,i ~>~ I ~'~j 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid tD Lender. In the event of a total taking Df the Property, the proceeds shall be applied to the sums secured by this Security Ins1rument, wbetheror not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of tbe Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, 1he sums secured by this Security lnstrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking. divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event ofa partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shan be applied to the sums secured by this Security Instrwnent whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 3<l days after the (late the llotice \s gWeil, Lender h authotized1o collect and apply 'the proceeds, at i\s option, either to restoration or repair of the Property or to the swns secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shaU not extend or postpone the due date oflhe monthly payments referred to in paragraphs land 2 or change the amount of such payments. 11. Borrower Not Released; Forbearanee By Lender Not B Waiver. Extension of the time for payment or modification of amortization of the sums secured by tbis Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modifY amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy sball not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Huand; Joint and Several Uability; CO-lIignen. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements sball be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard 10 the terms of this Security Instrument or the Note without that Borrower's consent. 13, Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the per mined limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. PE~NSYLVi\NI'\.Singl. Family.hnio ~bo/Ii'rrdie M.. UXIF()RII,IINSTRlJM!NT MGJ1I39A.J'AI\I(1IK2I1I98) LOAN 1D: 0801315490 Al.MY fORM 303' '$0 (pugI' J "./9 pogu) Bo0K!5Co{) p~ l662 ,''0''----- --- ,'~" ,_<, .'~ '<I 'w L...;.;; ,,-, - --~ .i-c' f,~, 14. Notices. Any noHce to Borrower provided for in this Security Instnunent shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method.' The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or dause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions ofthis Security Instrument or the Note :which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared 10 be sevemble. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer orthe Property ,or a Beneficial Interest in Borrower. If all or any part of1he Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sumsjsecured by this Security Instrument. However, this option shall 1I0t be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 da};s from the date the notice is delivered or mailed within which Borrower must pay all sums SlX:ured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted "by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to ReiDlltate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Nole as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including. but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonnbly require to assure that the lien of this Security Instrume~t, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrurrlent shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However. this tight to reinst'ate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice 10 Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security lnstrument There also may be one or more changes ofthe Loan Servicer unrelated to a sale of the Note. If there is a change of the L!l3n Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above allii applicable law. The notice will state the name and address of the new Loan Serviccr and the address to which payments should be made. The notice will also contain any other infonnation required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else 10 do, anything affecting the PropertY that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal resideotial uses and to maintenance of the Property. 1'ENf>."SYLV ANIA.Single fl!mlly.F~QRie lI-~ndi~ :'Ill. tlNIFORM INSTRUJl.IENT MG:J039A.PAM(IIRVlI93) LOAN 10: 0801315490 AUfZ FORMJllJ99BD(poge/ioj9page<) w1l15~O rAGE ~63 '>--1'- --.- "' ~-I-~', _._, 'IT' "" I Borrower shall promptly give Lender Written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Propel1y is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Propel1y is located that relate to health, safety or environmental protection. NON.UNlFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Aceelerationj Remedies. Lender sball give notlce to Borrowerprior to aceelerntioD following Borrower's breach of any connant or agreemeot i:o this Security Instrument (but not prior to acceleration under paragraph 17 uole8S applicable law provides otberwise).Lender shall notify Borrower o~ among otber things: (a) the default; (b) the aetion required to cure the dtfaultj (e) when the default must be cured; and (d) tbat failure to cure the default as specified may resultin acceleration of the sums secured by this Security Instrument, foretosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after a~e1eration and the right to H8Sert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by tbis Security Instrument without fnrther demand and may foreclose this Security Instrument by judicial proceeding. Lender sball be entitled to eolleet all eqH!DlIes incurred in pursuing the remedies provided In tbis paragraph 21,lnduding, hut Dot limited to, attorneys' fees and costs of title evidence to the extent -permJtted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. ReiDlltatementPeriod. Borrower's time to reinstate provided in paragraph 18 shall extend to Qne hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security [nstnlmenl 25. Purcbase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Inslrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 17. Riders to this Security Instrument. If one or more riders are executed by Borrower Bud recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s} were a part of this Security Instrument. PE~~SVLVAN"'..s;ngl. F"",~y.F..n;e :\II_Ie Mac UNIFORM IXSTRUMENT MG303'A.PAM(llR212J!18} LOAN ID:0601315490 ALNA FORMJDJ~9J9IICJ>a#~pf'~) Bod5\!O PAGE Ji64 ' . b'::""~~,;; I I " . [Check applicable box(es)] IX] Adjustable Rate Rider D D 00 Graduated Payment Rider Balloon Rider Other(s) [specify] ADDENDUM(S) ~ ~ ,- -'L_C c'l ~ k. o Condominium Rider D D o 1-4 Family Rider Planned Unit Development Rider D 8iweekly Payment Rider o Second Home Rider Rate Improvement Rider BY STGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: '-t!{l)1Al W.4.tfllA", }r/C' ~~ SAVERIO R PE 0 I~ ""~- (5..1) HDmlwcr (Soal) BUR11m'r (Seal) -- (Seal) Borrower (SuI) ""~ Cel1ificateof Rcsidcnce _/ ) 1 tt-l1~ (lYld~ll{)l(~gl&L .doherebycertifythatthe correct addrff~ of the within-nFed ortgag>> is hFmrh/:J1";t;t;;~~~,tD'J(1J..I5 , Wi."" my hand 'hi, 02 doy of 71)))f'. I q q i , '-I.RL/..lAJ..i.;J .Lta.~' Agent of Mortgagee P[l(NSYI.VA~IA.Single Famil}~Fanttlt MaeIl'rtd~)hI: UNJFOJmllNsrRt~~'Vt )JG'JIl3!IA..I'AM{11R2nJ!Ill) LOAN ID:0801315490 AlNB FORM Jt39 """ (page ~ 'ifP pogt1J) Bood500PAGE .665 ,~,,;.,;: ,. . "~k_: j"'~' '~. - , J, , '~ LJ . ,CJ .:, ~~ ..~. ,;" i ~>-~-!:-l "~',,- < COMMONWEALmOF PENNSYLVANIA, ~ounty ss: On th". the .2.0 lI-lJ,y f '-1I..Jnr } known to me (or satisfactorily prove to be the person(s) whose narne(s) J...,Q subscribed to the within instrument and acknowledged that \......A j executed the same for the purposes herein contained. , before me, the undersigned offh:er, personally appeared IN WITNESS WHEREOF. I hereunto set my hand and official seal. My Commission expires: NolalialSeal Vaierle S. Staclmlck. Notary Publlo SbiremanstOl'>'I' 6oro. C~rnbetland COI1Il1y M)I Commln!or> E.~;:OIl"S Nov. 30. 2000 Member. peollSy\~ama'AsSOCialion 01 Notaries L./JtJJ....Uu...U ,J,Lt a~c.JL --fU..tCUUJ p ~ c.-' Tille of Officer AFfER RECORDING RETURN TO: SUPERIOR BANK FSB 135 CHESTNUT RIDGE ROAD MONTVALE NJ 07645 ATTN: RECORDED DOCUMENTS DEPT. PI:::"JNS\'LV"-NIA-Siogle Family.Y:mnle IUaelFm:llc)bo VXJFOR:\I INSTRUMJ:N'r MGJIt39A.PAM(JJR1J1I98) LOAN 1D:0801315490 ALNC FORM3I.IJ9M10~9r>j91"'tP) BooK1500 rAGE .666 '.,,-= ~~ "~, , --~ 1-. '01- "'. ii\b,Cf~ ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of CUmberland, State of pennsylvania, being on the West side of South Market Street, and known as No. 510, the improvements consisting of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center of a twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (SO) feet to a point, the corner of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz one hundred and sixty-nine (169) feet to the center line of Market Street; thence northward along the said center line of South Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNING. BEING THE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by their deed dated November 17, 1995 and recorded November 21, 1995 in the office of the Recorder of Deeds for Cumberland,County in Deed Book 131, Page 701 granted and conveyed to Saverior R. Pellegrino, single man. State of Perm ...a~~d1 86 6ads COUllty ot cumb e for the recording of 0 Recorded ill the 0, b nd County. Pa. ect. in and for Cum Vol. Page_ \1l_aoo~~~dSEn'J totticeof 19_ w\tnessmV, of__ Cerl\sle,pA\hIS-- R. de< B1l9II15!lOm Jf,87 ...~~ , k,~. -~"~J. ACCOUNT#:0801315490 ADDENDUM TO MORTGAGElDEED OF ,T/ DEEl['rO SECURE DEBT/SECURITY DEED This ADDENDUM TO MORTGAGFJDEED OF TRUSTIDEED TO SECURE DEBT/SECURITY DEED (also known as "Security Instrument") is made this 20th day of NOVEMBER , 1998 , and is incorporated into and amends the Security Instrument of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to Alliance Funding Company. Division of Superior Bank FSB (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 510 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 (Property Address) In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further agree as follows: . 1. The paragraph of the Security Instrument entitled, "Applil:BtioD of Borrower's Payments" or alternately "Application of Payments," is dl:leted in its entirety and the application of payments is governed by the Note. 2. Unless prohibited by applicable law, the paragraph afthe Security Instrument entitled, ~Aeeeleration; Remedles~ or alternately "Lender's Rigbts if Borrower Fails to Keep Promises and Agreements, M is supplemented by adding the following provisions: "Additionally, Lender may require immediate payment in full of the entire amount remaining unpaid under the Note and this Security Instrument, if: (I) On application of Lender, two or more insurance companies licensed to do business in the State in which the Property is located, refuse to issue policies insuring the buildings and improvements on the Property; " (2) Borrower rails to make any payment required by a senior mortgage, deed of trust, deed to secure debt or other security instrument encumbering or affecting the Property or fails to keep any other promise or agreement in any senior mortgage, deed oftrust, deed to secure debt ar other security instrument encumbering or affecting the Property; or (3) Any representation made or information given to Lender by Borrower in connection with Borrower's application for the (oan evidenced by Ihe. Note is false or misleading in any material respect; or (4) Borrower allows the Property to be used in connection with any illegal activity." AMeN MllLTISTATE ADDlOO>tIM TO ISTI2ND Fl\"'MA/FHLMC SECURITY INSTRUMENT SUPI!RlOR (~8J' SHORT FORM PAOE10FS AMGOI4B.USM aoDK1500 PAGE l66B ~-"- '_.~fl. '. ,.j ~-"" .~~ 3. For a loan secured by Iowa real property: a. The following sentence is added to the end of the paragraph of the Security Instrument entitled, "Release" or alternately "Redemption Period:" "Borrower shall pay any recordation and/or official costs in connection with this mortgage b. Language is added to the Security Instrument as follows: "NOTICE TO BORROWER I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNlNG THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR TInS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE." 4. The paragrapb of the Security Instrument entilled, ftTransfer of the Properly or a Beneficial Interest in Borrower," is amended by changing the notice of default or acceleration to be at least 60 days if the loan is secured by a secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured by a lien on real property in the State of Oklahoma. 5. for a loan secured by Kansas real property, if the Security Instrument is form 3017, the last sentence in the paragraph entitled, "Acceleration; Remedies," is deleted and replaced with the following: "Lender shall be entitled to coIled all reallonable tapenllell incurred in pursuing the remedies provided in tbls paragraph, induding but nol limited to, reasonable attorneys' Cees, to the e:deDt allowed by appUcable law." In addition, the paragraph entitled, "Attorneys'. Fees," is deleted in its entirety. 6. For a loan secured hy Ohio real property, the following language is added after Ihe legal description section of the Security Instrument: "This mortgage is given upon the statutory condition. "Statutory Condition" is defined in Section 5302.14 of the Revisl;id Code and provides generally that if Borrower pays the indebtedness and perfonns the other obligations secured by this mortgage, pays all taxesand assessments, maintains insurance against fire and other hazards.and does not commit or pennlt waste, then Ihis mortgage will become null and void." MULTlSTATEADDENDUM TO lSTI2ND FNMAlFHt..NC SECORlTY IN$11l.UMENT SUPERIOR. (4i3lWII) . SHORT FORM LOAN 10#:0801315490 PAOE 1. OF ~ MCO AMOO141UJSId BioK1500PAGE l669 ,-, " 7, For a loan 5ei;ured by South Carolina real property: If the Security Instrument is Form 3041, the second sentence of the paragrpph entitled. "WaIvers," is deleted. If the Security Instrument is Form 3841 the paragraph entitled, "Waj\'er of Right of Appraisal," is deleted. 8, The paragraph of the Security Instrument entitled, "Law Tbat GoVerns This Security InstrumentIMortgage" or alternately "Governing LaWj Severablllty." is amended by deleting the first sentence and replacing it with the following language: "This Security Instrument shall be governed by federal law and, to the extent not inconsistent with or more restrictive than federal law or regulation governing Lender, the laws of the jurisdiclion In which lhe Property is located." 9, If the Security Instrument is a second or junior priority Security Inslrument, then a paragraph is added to the Security Instrument as follows: "W AlVEROFRIGHTTO INCREASEPRlORMORTGAGElDEEDOF TRUST. Borrower hereby waives Borrower's rights if any, to increase any senior deed of trust, mortgage or other security instrument on the Property under any provision contained therein governing optional future advances, and, to the extent permitted by law, waives Borrower's rights under any law which provides for an increase of said prior deed of trust, mortgage, deed to secure debt or ,other security instrument to pay for repairs, improvements, replacements, taxes, municipal liens, assessments or other charges on the Property. If, notwithstanding the foregoing waiver, such funds are advanced to or on behalf of Borrower, whether voluntarily or involuntarily, Borrower agrees that Lender, at its option, may accelerate the indebtedness secured hereby." 10, A provision is added to the Security Instrument as follows: "Borrower hereby acknowledges receipt, without charge, of a true copy of the Security Instrument." nn Escrow Waiver L:J If the box above has been checked, Lender waives the requirement for Borrower to make payment to Lender for the escrow items referred to in lhe paragraph of the Security Instrument entitled, "FundsIMontbly Payments for Tnxcs and ]nsuranc:e." Borrower sball pay these obliglltions on time directly to the person owed payment. Borrower shall promptly furnish to Lender aU ltQtic~ o[ amourrts to be paid under this paC8gI8pb., and receipts evidencing such payment. 11. MULTIS1'ATE ADOEJ';DUM TO lS!I2ND FNMAlFHLMC SECURITY Th.1;TRm.ffiNT SuPERIOR (4/30198). SHOR.T FOItM LOAN ID#:0801315490 PAGEJOFS Me!' AMG014B.lJSM ,Boo11500 PAD[ Ji70 _x_~ -- '., ,~ "-d-~f1i ~"_.'"~ t,"' -_~-,<o_ - ,-, -, , ,k:'_ ,:;-.," -. "I~~ Unless otherwise prohibited by applicable law, Lender reserves the right to require Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, "FundsIMonthly Payments for Taxes and Insurance," if Borrower defaults in the payment of such escrow items and such defimlt is not cured within the time set forth in any notice sent to Borrower by Lender. Lender reserves such right even though Lender did nol establish such escrow account as a condition to closing the loan. If Lender requires Borrower to make payments to Lender as provided herein, the provisions of the paragraph of the Security Instrument entitled, "FnndsIMonfhly Payments for Tues and Insurance" will be in full force and effect. 12. A paragraph is added to the Security Instrument as follows: "FORCE PLACED .NSURANCF- Unless otherwise prohibited by applicllble law, if Borrower does not provide Lender with evidence of insurance coverage (for any type of insurance that is required by Lender), Lender may purchase insurance at Borrower's expense to protect Lender's interests in Borrower's Properly. This insurance may, but need not, protect Borrower's interests. The coverage that Lender purchases may not pay any claim ilial 'BOTf\)wei makes or an) claim tMt is made against Borrawer in connection with the Properly. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the required insurance. If Lender purchases insurance for the Property, Borrower will be responsible for the costs of that insurance, including the insurance premium, interest at the rate provided by the terms of the Note and any other charges that the Lender or the insurer may impose in connection wilb the placement of the insurance (for example, a fee from the carrier for processing the force placed insurance), unti11he efffi:tive date of the cancellation or expiration of the insurance. The costs of tile insurance may be added to Borrower's total outstanding balance and secured by this Security Instrument. The costs may be more than the cost of insurance Ihat Borrower may be able to obtain directly because Lender will be purchasing insuranccunder a general policy that doesnot consider Borrower's individual insurance situation." D, A par.agraph is added to the Security Instrument as follows: "Verification or reverification of the Property's valuation or any other information normally contained in an appraisal may be required as part of Lenders's ongoing quality control procedures. Borrower agrees to cooperate fully with Lender andlor its agents, successors or assigns in obtaining and completing a full appraisal in the future at Lender's sole option and expense.~ LOAN IDD:0801315490 PAGE4 OF S AMCQ AMOOI4B.USM MULTISTATE ADDEl'IDUM TO lSTI2ND FNMAlFHLMC SECURITY INSTRUMENT SUPIiR10R (4I3UJ98) - SHORT FORM .Bo0K15GO PAGE 1671 ~ , ,. _n,,< ...",1 14. If an Adjustable Rate Rider is executed in conjunction with the ~ecurity Instrument, such rider is amended by: a} deleting the section entitled. "Transfer of tbe Property or a Benefieiallu.terest in Borrower" and b} adding to the section entitled, "Interest Rate and Monthly Payment Changes" (D) "Limits OD Interest Rate Changes," the folJowing language: "My interest rale will never be less than 8.375 %." 15. If the Security Instnnnent is assigned or transferred, all or a portion of this Addendum may be voided at the option of the assignee or transferee. Any terms and provisions of this Addendum which are voided will be governed by the ri' of the Security Instrument. n"~ .~ Bo.-rower "'0_ Borrower -~, ML"LTlSTATE ADDENDUM TO 1ST/2ND I'NMAIfHLMC SECURITY INSTRUMENT SUPERIOR (4J3OJ9S) - SHOllT FORM LOAN 1D#:0801315490 PAGE 5 OF 5 AMeR AMGIlI4ll.USM 80011500 fAGt '4i72 ""ll...._,\-. -,- . , -~ . " ~ 0 <',I ,~ 1;--- ~;- :\, ACCOUNT#: 0801315490 ADJUSTABLE RATE RIDER (LmOR 6 Month Index (As Published in The Wall Street Journal) - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 20th day of NOVEMBER . 1998 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") ofthe same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Nale") to Alliance Funding Company, Division of Superior Bank FSB (the "Lender") of the same date and covering tbe property described in the Security Instrument and located at: 510 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 [PrQperty AddrE!13) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. mE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIO~A.I. COVEN.\XJS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 9.375 %. The Note provides for changes in the interest rate and the monthly payments as follows; 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate [ will pay may change on the fll'St day of DECEMBER , 2000 , and on that day every 6 month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rote will be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.s. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure availabte as afthe first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index". Jl.WLTISTATE ADJUSTABLE RATE RIDER. l,mOR 6 MO:>lTIIIND};X (ASn:BLIlmED IN TIlE WALL STREET S01JJINAL) - Sing'" l'lllIl~Y' FA/'t.-r4IE:\{AE UNrroRM INSlllt:MENT -IlD]13l1A.VSA, pm :1110081 ro.,il1'1l'",. U>>ge I tJ/Jpag~') Bood5lJO PACE l673 ..l I~ ^'-, .-:l~ >",.-~-I '_' ~_-'x'\ . (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 25/100 percentage points ( 6.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one pel'l;entage point (0.125%). Subject to the limits stated in Section 4(0) below, this rounded amount will be my new interest rate until the next Change Date. The Nole Holder will then detennine the amount oflhe monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits 00 Interest Rale Changes The interest rate I am required to pay at the first Change Date will not be greater than 11. 375 % or less than 8.375 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND NO/IOO percentage point(s) ( 1. 000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate wiII never be greater than 15.375 %. (E) Effeetive Date of Changes My new interest rote will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amoont of my monthly payment change~ again. (F) Notice of Cbanges The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. [CONTINUED ON PAGE 3] :\IULT1STATE ADJt:l.TABU RATE RIPER. UBOR 6 MO)I,TH' INDEX (AS I'(!BLISHED IN THE WAI.L STRELT JOURNAL). SIngIcfamily. FANNIE mE U,,"WOIlM IN'STRUfolEN'T _ RD311l1A.l!SA IlIRlIllII')Sj LOAN ID:O~1'1~~ ALUD fPtW2ofJpogu) aooK1500 PAG[ .674 - . . 1.'''- d'. "'~....!l,d"" .d-I By SIGI'iIN"G n., Ad. lOr.LOW B JU5lablc Rate R"d' orroweraccepts 1 er. and agrees to th etermsand covenants contained in tho , " (Seal) Bo~ (S<:al) BOmlwer (~al) 110_. (Sea]) Borrower '''''J Borrower JIlVLTISTATE ~AS PUBI.JSHE~~U~tn.E RATE lUUEll ANNIE MAE tlNlfORM ~~ SrREET ~~ ~!t~O:llTH INDEX lTMINT.lm3I3BA~s1,ngl.F.miIY* . III.RUJIWII\ = ID:OJI8.IJM:~, (~J,,:!"pop.<) ~BouK15ao rAGE filS .';".';_1_",.,_ ,',,-, ~ - .,-"""~ ., '..;)".; < ~ Exhibit "B" ,~"~~~. .'t- .,~, '-~--, '1-1", t ACCOUNT #: 0801315490 ADJUSTABLE RATE NOTE (UBOn 6 Month Index (As Published ill The W;lIl Street Journal}-Ratc Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CnA~GES IN MY INTEREST RATE AND MY MONTHLY PAYMENT, THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME, AND TtlE MAXIMUM RATE I MUST PAY, NOVEMBER 20, 1998 ID~lcl .Jh.v1imo.njtowlc- PA ICily! ISlalcl 510 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 !1'I<1pcrty Adclr~s!1 1. BORROWER'S I'ROMISF."O I~AY In return ror a loan that I have receivcd, I promise to pay U.S, $ 171,000,00 (this amowll is called "principal"). plus interest, to the order of the Lender. The Lender is All iance Funding Company, Divisio~ of Superior Ban~ FSB I understand tl\allne Lemler may transfer tl\is Note. Tbe LenGer or an)'une wl10 \"kC"li this No\e \ry transfer :md who is entitled to receive payments under this Nole is called the "Note Holder." 2. INTEREST (nterest will be charged on unpaid principal unlit the full amouf\t of principal has heel' paid. I will pay Int<=res\ at a ycarly rate of 9- . 375 %. The inlerest rate I wilt pay may change in acclIrdance with Seelion 4 of1his Note, The inlerest rate required by this Section 2 and Section 4 or Ihis Note is lht rale I will POI)' both before and after any default described in Sc'ction 7(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and 'interest by making payments every mOl1lh. I will make my monthly pllyments on the 1st day or each month beginning on JANUARY 01 1999 I will make these payments every month until I have paid I'lll orthe principal and interest and any mher charges described below that I may owe under this Note, My monthlY payments will be applied 10 interest before principal. If, on DECEMBER 01, 2028 . [ still owe amounts under this Note. 1 will PDY those amounts in full on Ihat tlate. which is called the "Maturity Datc." 1 will make my mOnlhly payments a1 135 CHESTNUT RlTIGt ROAD MONTVALB NJ 07645 or at a different place if require~ by the Note Holder, (D) Amount of My Initial Monlhly Payments Each of my initial monthl)' payments will be in the amount ofU.S, $ 1,422.29, This amOLlnl may change. (C) Monthly P$yment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my Joan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the chang.<!d amoun\ of my monthly payment in l:lccordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates 11\e imeres1 tate! wit! pay \'nay change on the first day of Of.CEM8ER, 2000 . and 0\1 \ha\ day every 6 month thereafter. Each date on which my iQtercst rale could change is called a "Change Dale." (B) The Index, Beginning with the lirst Change Dale. my ill1ere,~t rale will be based on an Index. TIle "Index" is the average ofintcrbank offered rates far 6 rnanth U.s, dollar-denarninatcddep<lsits in tne Landon market ("LlBOR~}, as puhlished in The Wall Street Joumal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called thc "CurrClll Indes." If the Index is no longer ayailable, the Note Holder will choose a new index that is based upon cllmparablc infonnation. The Nole Holder will give me notice of this choice. (q Calcullllllln of Changes Before eaell Change Date, thc Note Holder will calculate my ncw imercsl rail.' by adding SIX AND 25/100 percentagepoinl(!i)( 6.250 %)toiheCurrentlnde.... TheNolc Holder will then round the result Oftllis addition to the nl:arestone.eigltth of one p<:rct'lI!age point (0.125%). Subject 10 the limits. stated in Section 4(D) below, this rounded alllount will lie my new intero::sl rate until the next Change Dale. The Note Holder willlhen determine the amount of the monthly paymcnlthat \\Quld be sufi"icicnt to repay the unpaid principal Lhut I al11 expected to 0\\'C al the Omnge Dale in full on the Maturity D::ltc ill my new illlcrest mle in substantially equal payments. 11\1:: resuh of this calculation will be the new amount of my monthly p:lymcnl. .\It:l.TlS'IAn: AI~It'l.TAI11.f. R,\U: :'l;OH;.1.I110R ~ ~lllXTlll:illf.X (AS 1'tlul.ISln:1) 1:00 TIn: W.-~I.I. KflU:lCT Jm'llSAI,l-S;,,~I" l'm";ll..'~"n;,, ~b" ('nifo"" In..,"o,.". :\n~211A..n;AIIIR!lllIJ'lHI FUIl.\~Wi~ IJ'J~ ,,~,~,'I,~JI"'~,'I "~ --~ , ,,- , .~., ~-" I -. - '~ . ,', '~ , ~ (D) Limits on Jntere!lt Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.375 % or less Ihan B.375 %. Thereafter, my interest rate will never be increased or deereasedon any single Change Date by more than OtilE AND NO/100 percentag~ poinl(s) ( 1.000 %) from the rate of interest I have been paying for the.preceding 6 months. My interest rale will ncver be greater Ulan IS. 375 %. (E) Effective Date of Changes My new interest rate will bCcome effective on each Change Date. I will pay the amount of my new monthly payment beginning on lhe firsl monthly payment ~ate after the Change Dale until the amount of my monthly payment changes again. (F ) Notice of Changes The NOle Holder will deliver or mail to me a nolice of any changes in my inlen:sl mte and Ihe amount of my monlhly payment before Ihe effective date of any change. The notice will include tnfonnation required by Jaw to b~ given me and also the telephone number of II person who will answer any queslion I may have regarding Ihe notice. 5. BORROWER'S RIGHT TO PREPAY I have the right 10 make payments of principal III any time before they are due. A payment of principal only is known as a "prepayment. M When I make a prepayment, I will telllhe Note Holder in writing Ihal] am doing so. I may make a full prepayment or partial prepayments without pa~'ing any prepayment charge. The Nole Holder will use all .of my prepayments to reduce the amount of principal thai I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly pa~ments unless the Note Holder agrees in writing to-those changes. My partial prepayment may reduce the amount of my momhly payments after the first Change Dale following my partial prepayment. However. any reduction due to my pania! prepayment may be offset by an interest ralcincrease. 6. LOAN CHARGES If II law. which applies 10 Ihis loan and which sets maximum loan charges, is finally interpreted so lhat the interest or other loan charges coUccted or 10 be collected in connection with this loan exceed the peTlnitted limits, Ihen: (1) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permined limit; and (ii) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holdr<:r may choose to make this refund by reducing the principal I owe under this NOlt or by making a direct payment to me. If a refund reduces principal, the reduction wlll be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lale Charges for Overdue Payments If the Note Holder has nol received the full amount of any monthly payment by the end of 15 calendar days after the date il is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue paymenl of principal and interest. I will pay this lale charge promptly but only once on each lale payment. (B) Default If I do not pay the full amounl of each monthly payment on the dale it is due, I will be in default. (C) Notice of DefauU If I am in default, the Note Holder may send me a written notke telling me that if I do not pay thc ovcrdlle amollnt by a certain date, the Note Holder may require me to pay immediately the futl amount of principal thai has not been paid and all the intereSllhat I owe on that amount. Thilt date musl be alleast 30 days afler the date on which Ihe nolice is delivered or mailed 10 mc. (D) No Waiver By Note Holder Evcn if, at a time when I am ill default, the Note Holder does not requirc me to pay i1nmediatcly in full as described above. the Note Holder will still' have tlte rigllllo do so if I am in defa~lr al a laler time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder haS required me to pay immediately in full as described abovc, rhe Note I-Iolder will have the right to be paid back by me for all or its costs and expenses in enforcing Ihis Note to the extent not prohibited by applicable law. Those expenses include. for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this NOle will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless tlte Note Holder requires a different method, any notice that must be given to the Notc Holder under [his Note will be given by mailing it by first class mail to the NOle Holder al the address stated in Seclion 3(A) above or at a different address if ( am given a notice of that different address. 9. OBL1GATIONS OF PERSONS UNDER THIS NOTE If more Ihan one person signs this Note, each person is full~. and personally obligated to keep all of lhe promises made in IIlis Note, including the promise to pay the full amount owed. Any person who ,is a guarantor. surely or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, inclutling the obligations of a guaranlor, surety or endorser of this Note, is also obligalt'd 10 keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or aguinsl all of lIS together. This mellns that anyone of us may be required to pay all of the: amollnls I)wed under this NOle. ~lt~l:nS"r.\TE .\DJt1S'rAllLt: RAlE :;on;.1.1lI0R (> NO:>.-:I'IIINIIE.... (.\5 n:lII.ISIlf.D I~ nit; WAJ.l. ~llu:t;.r JOI.R~.\l.l.Sjn~l" l-'.milj'.Fnnlt Ma" I'nlf..rm t.tlolrum('lll IHJ511l'\.('SAIIIR1/1l11?HI I~AN ID:OB0131549Q ALIA (~~~j .~~;~~:..~ " ~^"'''; '~" ' ~ ~<.~ , , JO. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the righllo require the Note Holder 10 demand payment of amounts due. "Nolice of dishonor" means the right 10 require the Note Holder to give notice 10 other persons that amOllnlS due have not been paid. 11. UNIFORM SECURED NOTE This Nole is a unifonn illStrnment with limited \'ariations in some jurisdictions. In addition to the protections given 10 the Nole Holder under this Nole, a Mortgage. Deed of Trust or Security Deed (the "Security Instrument"). dated the same date as Ihis Note, protecls the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. Thai Security Instrument describes how and under what conditions I may be required to make immediate payment in full of aU amounts I owe under this Nole. Some of those conditions are described as follows: Transfer of the l'ropcrty or a Beneficlallnteresl in Borrower. If all or any part of the Property or any interest in iI is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrumenl. However, this option shall not be exercised b}' Lender if exercise is prohibited by ferlerallaw as of the dale of this Security Instrument. Lender also shall not exercise this option if: (Il) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee: and (b) Lender reasonably determines that Lender's security will nol be impaired by the loan assumption and thallhe risk of a breach of any covenant or agreemenl in Ihis Security lustrumeut is accept<lbl~ IV Lemler. To this extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreemetlt that is acceptable 10 Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument unless Lender releases , Borrower in writing. If Lender exerd13es lhe option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less: than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by Ihis Security Instrument. If Borrower fails to pay these sums prior to Ihe expiration of this period. Lender may invoke nny remedies permitted by this Security Instrument without further nolice or demaod on Borrower. WITNESS THE HAND(S) AND SEAI.(S) OF THE UNDERSIGNE~, J r; ,J i/:.. -uilLWUI1 .u{;l~KfUCf I .' J.HtVlU.l ill .., (s",,11 Hmr,'\\~r IS~al, i!><lull lk>rw"-.:r [k,rm\\cr (Seal) llurrowcr {ScalI f1',"lIwcr [Sign Origillal Only] ."rI.T1S.f,\TF..\DJt'S'l.,\BU; R,\n: !'iUU;"UlIDR" MON1'U "..Ill:''' {,\S I'rBI.lMII:D IS TIlf. W,UJ.. STREET JOI~R.:.;.u.rNlngl. F"",jly.llonnl~ ~Io~ "nll..,n, In,''",,,.n' :';T352U,\,I'S.\lliRlll!l/9li1 LOAN ALL' ID: O~.g,M l~~~ ~24 li'llS(,'J ''']l'',~,.'J " ,-. -,-. " ~, "._1 , ACCOU~'T #:0801315490 ADDENDUM TO FNMA NOTE This ADDENDUM TONQTE is made this 20th day of NOVEMBER. 1998 . and is incorporated into and amends and supplements the No!e, Adjustable Rale Nole or BaHoon Note of the same date, and any extensions and renewals of that Note, given by die undersigned ("Borrower") 10 Alliance Funding Company, Divi::;ion of Superior Bank FSB ("Lcndcr"X~NOIcQ). In addilion to tbe agreements made in !he Note,. Borrower and Lender further agree as follows: I. BIIUoon PaYIB~nt l..lJan 0 If the box above has been checked, the roll()w;ng provisions are added to the Nole; A. "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAI[) INTEREST THEN DUE. THE LENDER IS UNDER NO OBLlCATJONTO REFINANCE THE LOAN AT TH.A T TIME. YOU WILL, THEREFORE. BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WlLL HAVE TO FIND A LENDER, WHICH MAYBE THE LENDER VOU HAVE THIS LOAN WITH, WILLING TO LEND YOU rHE MONEY. IF YOU REFINANCE THIS LOAN AT MA TURlTY I YOU MA Y HAVE TO PAY SOME OR ALL OF THE CWSING COSTS NORMALLY ASSOCJA TED WITH A NEW LOAN EYEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER." B. The "Payments" section of the Note is amcnd~d by deleting the first sentence and replacing it wilh th~ following language: '" will pay principa' aM interest by making payme-nIs every monlh. Each of my regular monthly payments. except for the final payment, will be in the atnount of U.s. $ N/A . Assuming alJ scheduled paymenls of principal and interest arc made on their due dales, the final payment will be U.S. $ N/A " 2. The section of the Note entitled, "Borrower's Promise to Pay." is amended by adding the following language after the first sentem;e: "Any amounts owed under the Security Instrument that is executed in conjunclion Wil11 Ihis Note arc and shall be part of the debt obligalion under Ulis Nole}' 3. If the Note is an adjustable rate NOle, the section of the NlJle enti(/ed, "TRCens(," is amended by adding the following language al the end of the second sentence: "which, except for odd days' interest. if any, will be applied to a 360 day year consisting of 12 monlhs with 30 days each. Interest will bc charged unlil the principal has been paid in flJJl." MGS , I ,I I I Ii ii I I, II I ,I I' ~ 'I II j 1 , I I i I I I I I i , I 4. If the Note is an adjustabre rate Note: a) (he section of the Note entitled, "Pa~'ments" (A) "Time and Place of Payments," is amended by deleting the sentence which reads, "My Illollthly payments will be applied tn interest before principa1." and replaCing it with the following language: MEach of my regular monthly payments will be applied first to amounts due for any eSCfO\\$ for taxes and insurance under the Security Instrument, then to accrued and unpaid interest as jfthe payment is made on its due date, regardless of when the paynlent is actually received and the remElinder. if any. IQ Ihe unpaid principal balance. Any Ja~e charges. colleClion cOSts and expenses, dishonored check charges, prepayment charges and payments made by lhe Nole Holder to enforce this 1'\ote andlor to protect the Noie Holder's mleres!s under the Securily lnsrmrnent will be assessed separalcly. This does nor take into account any payments for optional mortgage products Ihal are charged to my account.n and b) the seclion of the Note entitled, nlnterest Rate and Muntbly PlIyment Cbanges" (D) "Limits un interest R>>Ie Cbanges," is amenrlt'd by adding Ihe following language. "My imeresl nue wilJ never be less than 8.375 %." 5. [fthe Note is a fixed rate Note, the section Clflhe Note entitled, "TIhle lIod Place ofPaJrnents" or allcmately.'Payntents," is amtndcd by deleting (if applicable)the sentence which reads, "My monthly payments will be applied to interest before principal." and hy adding Ihe following language before the semence which contains Ihe maturity dale: "Each of my regular monlhly paYImfflS wjJJ be applied firsllO amOlllllS due for all)' escrows for laws and in!lurance under the Security ]nstrument, then 10 accrued and unpaid interest to the date of payment and the remainder, if any, (0 the unpaid principal balance. Any late charges. collection costs and expenses, dishonored check charges. prepayment I.:harges and payments made by the Note Holder to enforce this Note andlor to protect the Note Holdt;:r's interests under the Security hlstrumcnt will lie assessed separately. This OOes no! fake into account any paymenfs fllr lIPtional mortgage pr<Jducls tllat arc charged to my account." MUUISM1F. AVl.ll,NDfIM.m 1.~1"Nl) I'NMMl'Ill.M(' No.n; (~IB"'RI .'>JJJ'T;JIJDR I'M;"'!)!') .'N.ro)WI.I!.'W>1 I .-" _'~' - I -'., L , . 6. A. -me sccli()n of the Note entitled, "Borrower's Right to Prepay" or alternately "Borrower's Payments Before They Are Dlle,M is amended by: a) adding to the end of the first sentence the following language, ", but the Note Holder may apply an)' tendered payments first to any amounts then due and owing under this Note or under the Security Insttumenl.n; b) deleting the sentence which states., MThe Nole Holder will use all of my prepayments to reduce the amoum of principal that I owe under this Note,M; and c) adding after the final sentctU':c the:: following languag.e, MExccpt as provided in the "Loan ChargesM section (if any). the Note Holder earns any prepaid finance charge at the time the loan is made and no part of it win be refunoed if I pay in full ahead of schedule." B. If a prepayment charge is contracted in connection wilh this loan, the section of Ihe Note enlilled, "Loan ChargesM (if any) is amended by adding to the end of Ihe final sentence the following language, "without any prepayment charge." 7. In the Slate of Arizona, a provisioIl is added to the Note as follows: "Contraeted for Rate of Interest. I agree to pay an effective caortaelcd for rale of interest equallo the interest rate as provided in this Note and the additional interest resulting from any Additional Sums. The Additional Sums shall t:ClnSisl of all fees, charges. goods, things in aclion or other Slims or things of value (other than interesl as provided in this Note) paid or payable by me, whether pursuant to this Note, the Security Instrument securing Ihis NOIe or any Olher document or instrumenl in any way pertaining to this loan, that may be deemed 10 be inferest for the purpose of any Jaw of the Slate of Arizona that may limit the maximum amount of interest lo be charged with respect 10 this loan. The Additional Sums shall be deemed to. be additional imerest for the purposes of any sueh law ani)!." 03. The seelion of the Note enlttled, "Late Charge for Overdue Payments," IS amended by replacing the word "overdue" in the second ~ntenee with lhe word "scheduled." If the Note is a fixed rate Note, after the final senlenc:eadd rhe following language, "Any lat.:: charge will be in addition 10 illtere5t on the then oUlstanding principal for each day the payment is late." 9. The sections of the Note enlitled, "Notke of Default" and "Uniform Note," arc amended by changing the notice of default or acceleration to be at least 60 days if the loan is secured by a secondary lien on real property in the State of Connecticut and at least 35 days if Ihe loan is secured by a lien on real property in the State of Oklahoma. 10. If this is an adjustable tate Note. lhcn the subparagraph entitled. "Transfer of the Property or II Beneficial Interest in BotJvwer." is amended by deleting the provisions relating to assumption of the loan. 11. The section of the Note entitled, "Paymellt or Note Holder's Costs and Expenses," is deleted in ils entirety and is replaced by the following language: Mlr I default, whelher or not the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to he paid back by me for all of its costs and expenses in enfordng this Note to lhe extenl nol prohibited by applkable law. Those expenses include, for example. reasonable attorneys' fees. collection cosls and e:->penses, servicing fees, Bnd dishonored check charges to the fulleST extent nOT prohibiled by applicable law." ]2. The see!ion of !he Note enliUed, "ObJigatiouslRespoDsibilit). of Persons Under This Note," is amended by adding the following language to the end of the first sentence: "\Jlus the charges as described in the sections entitled, "Lale ChllrgclI for Overdue Paymcnb" and "hymenl orNate HoJder's Costs and Expense,," and to pay allY other chaT!lesrcquircd in urder 10 closelbe loan." 13. In the Stale of VIrginia. Ihe :iiI'$! sentence in lhe section of the Note (Form nOD, J26D or 3520) entitled, "Waivllrs," is deleted and amended to read as follows: M I and any other person who has obligalions undtr this Kate \f;:rive the rights of preselllmenl and notice of dishonor and waive the homestead exemption." 14. A provision is added to the Note as follows: "ADDITIONAL SERVICING FEES: In addition to chargessp",cilied elscwhcre in this Nole, in the Security Instrument given to seeure this Note, or in any olher agreement in connection with this Note. I agree to pay, to the fullest extent not prohibited by applicable law, the fQllowing if tharg,ed in connection with this loan: any fees imposed by the Lender.s discharge or satisfaction of lieO\.s) LOAN 1DD:0801315490 AMCT Mlll.llH^'lli MlIll':NI)UM TO lH!lNll I'NMAIHlI.MC NOTl'. (~I8fllHI SlJl'I:ltlOIl I'Mm~(Jr: ANTO:>llA.lJSM ---, 1H ~ -<;i ...;";..,,, ;'.0 yo"~ .f "1 , (whether upon payment in full, acceleration Of maturity); payoff quotes/charges; delivery chargcs; inspection fees andfor payment history charges." 15. ^ provision is added 10 the Note as fol\ows; A. "APPLICABLE LAW. This Nole shall be governed by rederallaw and,lo the extent not inconsistent with or more restrictive than federal law Or regulation governing the Lender, the laws of the jurisdiction in which the property defined in the Security Instrument as the "Property" is located, In the event of a conflict between any provision of this Note and any such law or regulation in effect as of (tie dale of Ihis No{e, such faw or regulation shall control to the extent of stICh conflict and the conflicting provision contained in this Note shall be without effect All other provisions of this Note will remain fully effeclive and enfl,Uceable." B. In the State of Minnesota, a provision is added to the Note as follows; "The interest rate on a second mortgage loan IS governed by Minnesota Statutes Seclion 47,:2.0, 47,2.1 <lnd 12 C.F. R. Section 560.110(b)." 16. If the box below has been checked, the section of the Note entitled, "Borrower's Right 10 Pcepll'Y" or alternately "Borrower!s Payments Beron: The,. Are Due," is deleted in its entirety and replaced with the following Jang1lJlge; o "BORu'OWER'SRIGHT TO PREPAY; PREPAYMENT CHARGE. I havelhe rigln to make payments of principal at any time before they arc due, but the Note HQlder may apply any tcndered payments first to any amounts then due and 0\\ ing under this Note Dr under the Security Instrument and then to principal not yet due. A paymenr of principal only is kncwll as a "prcpaymenl." A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayntenl of only part of the unpaid principal is known as a "partial prepa:.ment." If I make a partial prepayment and this Nole is a fixed rate NOle,lhere will be no changes in llle due dates or amounts of my monthly payments unless the Note Holder agrees in writing to those changes. If I make a partial prepayment and this Note is an adjustable tate Note. there will be no ehanges in the due dates or amounts of my subsequent scheduled monthly paymentS' untillhe first payment due afler the first Change Date following my partial prepaymem unless the Note Holder agrees in writing 10 lhose changes. If this Note is an adjUSlabJe rafe NOIf", my partial prepayment may reduee Ihe amoum of my monthly payments after the firsl Change Date foll()wing my pattial prepayment, but any such reduction may be offset by an interest rate increase. If the aggregate amount of principal prepaid in any twelve (12) monlh period exceeds twenty percenl (20%) oflhe original principal amount artois NOle during the first three (3) yeats commencing from the date of this Nole, then as considera1ion for the acceptanceof such prepayment,and in addi1ion to any olher sum payable hcreunder, I agree to pay to lhe Note Holder a prepayment charge equal 10 five percent (5%) oflhe total amounl prepaid. I will pay lhis prepayment charge whether plepaymcm is nJJUnlary or the resulr of 8cceJerat;0Il due 10 my default under this Note or the Security lnstrument. Except as provided in the section entitled, "loan Charges/'Ihe NoJe Holder earns any prepaid finilnce charge at the time Ule loan is made and no pari of it will be refunded if I pay in full ahead of s'::hedule." 17. If\hc Nole is assigned or transferred, all or a portion of this Addendum to Note may be voided at \he option of the assignee or transferee. Any terms and provisions of Ihe Addendum to Note \\'hich are voided will be governed by the originullerms and provisions of the Note. BY SIGNING BELOW, Borrower accepts and agre..s to the terms and provisions contained in this Addendum to Nole. ~4~ f;P1' ~tnll / Burrol<1:t (ScalI ll"f/'l>ll'Cr is.....I) ll<lrl'(\WCt Ilonow~t (Stal) Borrower ls"nll Bommer MUI:llSflll1: A!JOj;NIlUM 10 JsmNI> HIMNr-1U.MC NOll; t5.'lIi'l8) SU1'r.Rl(lll, PMjEJ\l1'3 LOAN 1D#:080131S490 AMCU ^N']U3\!^,U:iM {Seol} ,.- ~", <-, -', ,,,,,,,;,.,, ,~"~".~ ", L','_ " -,.,,'-"'-.I~ ,'J , ~O\\\\t~. "'llt~\\O I ,0 lit ~ ,. OI\\GI\\~1. , I.J ,"'I<ltO anllt I" 'i' ,( L c..' ~\lI'~< 0. 1 , ~ ;J 'I U. i" 1\\"- Jj 'l', ,,.I),' I ,,,,lollS .., 'v Q\\i.\J.~l) l ACCOUNTH: OBOl315f~90 ~ai\ll~ ADJUSTABLE RATE NOTE (LlUOn. 6 MmlUI Iudex (As Puhlisbcd in Thc WIlli Street Jouruul)--IUiIt' CIII'S) THIS NOTE CONTAINS PltOVISIONS ALLOWING FOR CJlANGF..5 IN MY JNTEUEST RATF. AND MY MONTHLY PAYMENT. TIllS NOTE LlMlTS TilE AMOUNT MY JNTF.RIi:ST RATF. CAN CHANGE AT ANY ONF. TIME. AND TilE MAX1MUM RATE 1 MUST rAY. NO~gMB~R 20, 1998 Illnl<! JkwmanJmwL FA ICilYI 1!;1~I~J 510 SOUTH MARKE'f STREET, MriCHANICSBURG, PA 17055 Il'torerl)' ^dd"'~sl I. BOltROWER'S PROMISE TO PAY II) return for a loallthat J have receivell, I PHlmisc 10 PIlY U.S. $ 171,000.00 (Ihis 1I111Q~lllt is called tlpril1dpa~"). plus illlcresl. to lIlt! Otuer of Ihe Lender. Tltc Lender is Alliance Funding COnlpany. Division of Superlot" Bank FS.B ! unuerstand !lml the Lcnder llIay lmnsrer Ihis NOle. The Lender or IIlI}'onc who lakes lhis Nole by Irall$fer Rlld \\'ho is cl1tilled 10 receive payments under this Note is called the "Nole Holder.~ 2. JNTEltr.ST lnteresl wit! be charged Oil unpaid principal U1llilthe fllllllfllotml of principal has been {l<1id. I willl13Y interest (Ila y~u:ty mtc,Clf 9.175 %. Thci\\lerest mk \ w\U \)\\)' I\\1\Y chl\nge in nee\Yrul\l\eewill\ See\i\,,, 4 o\'\\\is No\e. The 1/lletCSl rale required by Ihis SCCllOll 2 ;uw Scclion 4 of this Nole is the mle I will ray blllh before and lifter <lny default described ill Sectioll 7(1l) of lhis Noll:. 3. I'AYMF.NTS (A) Time nlld Place of I'symellts I will PIlY principal <lnd interest by II1llking paYl1lellls every month. I will mak.e my monthly {lIlYl11enls 011 the l~t dllY of each month bcginllillg on JANUARY 01 1999 I will make lhese paymel1l'l every lIIonth until r have paid all or lhe principalllnd inleresl 6nd any other charges descrihed below that 1 lliay owe undtr this Nole. My monthly payments wi1l be applied to interest before principII I. If. 011 DECEHBI\R 01, 2028 . I still owe anIQulllS: ul1d~r l!lis Note. I will pay rhose mnounls ill full 011 l1mt dllte, which is ealted Ihe "MlJturily Dale." I will make my monthly (Jflymenls at 135 CHESTNUT RIDGE ROAD MONrVAL~ t:J 076115 or nla llifr!:rcnl pla!:e ifn:quired b)' the Nole Holder. (B) Ahlollnl of My IlliUal Mllhlhly l'aYlIlenls: ~ Each of Ill)' initial monthly f1:\ylncnt-:: will he in the amount ufU.S, $ 1 ,/~Z2. 29 '[11is amounl Illllychangc. (C} Monthly I'aytnenl Cbangc.c;: Cllallgcs III my monUll)' pll)'melll will rencel changes: inlhe unpaid prim::ipal of lII)' loall and in Ihe inleres.l rale llmlI 1Il1lst P<lY. The Nole Ilolder will dcll.lnllinc lilY !lew inlcrest H1te<lnd the ehnllgc(!nmOl\\l\ of my monthly InI)'ment in Accordanc!;': wilh Section 4 or lhis Note. 4, INTEREST n.ATE ANI) MONTHLY I'AYMENTCIIANGES (A) Change Datcll The interest rale I will pay may change on .he lirsl day or DECEMBER, 2000 . lllld on that dllY every 6 1lI0nlh lllereafler. ElIch dale 011 which my interest rale could change is: called 11 "Chang!." Dale." (U) The Inllcr OegillnilJg with the Iir...1 Change Dale. my illlerest rale will be based on an lnde.'C. The "Index" Is Ihe (Iverage orinterbank oITered rnte5 ror 6 l1lolllh U_S. dollar-uenominateddeposits in \he London mnrket ("I.IBOR"). as published in nlfl Wall SJreel JVlIrllal. The most recelll Index figure available as of ille firsl- business day of the monlll immedialely preceding the month in which (he Change Dale occurs is called {he "CUrtenl Indl:x," If l11e Index is no longer availllble.lhe Notc Holder will choose a new indc.;;: 1b.1l is btlsed upon comparable ll'lfofllla{joll. The Notl:! Ilolder will give me notice or this choke. (C) Calculation of Changes Oerme each Chal\ge Date. tlle Nole Ilolder will calculale my new inlercsl tate by adding SIX AND 25/100 p!:reenlage poinl(s) ( 6.250 %) III tilc Cllrrenl hllle:i:. The Note llokler will then round thc re$:lIlt of this addition 10 lhe neHresl one.eighlh of one percenlage poinl (O.125%). Subjecl 10 the limits staled in Seclion4(D) below, this rounded l\mO\1nt will be my new interest rate unlll the nexI Change Date. 111C' Nole IfoldC'r wlllthell determine the 1ll110tlnl of the /llonlhly paYll1el1llh;lt would be $ufficicntlo repay lhe unpaid principal thai I Bill expected to owe althe Change Dale in full on Ihe Mntmily Dale al my new inlerest rate in subslanlinlly equlIl pllymenls. 'n\e result of Ihis calculation will be Ille new Ilmount of my monthly payment. MtIl.nSl.\U; Atl!lI!ITAIll.l'. 1I,\U; N01'FA~lmll ~ MllKnI 1/IOln:;.; (.\1': rI'lll.lSlIf.n IN .nm WA1.1. STnr.u' .IlJIIRN^l.rSj"i\I~ F.~,it}~I'.~nl" M.. \l~;rnrm In"ro".<,,1 NTJ~\I,\.t1MI1Jtt1i'RI'1llI AlJ<Z l'O!l.\l351llMl4 ({I/'1!.JI!flJ"IJU~ ~ "' ':1 n', -I, j, '" '~~ I ~ (lJ) Limits on Interest Rale Clumgn The inlerest rale 11l1l1 required tn pay at the firsl Change Dale will nol be grellterthan 11.375 % or less thrln S.375 %. Thercafier, my illlere.~1 rfllC willncver be increased Of decreased on 1m}' single Change Dale by morc thall ONE ANIJ NO/IOO perCCfll(lge poinl{s) ( 1,000 %) from lhe rote of interest 1 have been paying ror lht preceding months. My interest rale wil1ne\'er be greater Il1ml 15.375 %. (E) Effecllve Uale of Cb;mgc., My new interest nile will becomectfecliveml each Change Dale, I will pay the amount of my new monthly paymcnt beginning 011 Ihe (ir!;1ll10nlhly P;IYlllcnl date llfler (he Change Date untillhe amounl or illY I\l(luthly payment clll.ltIgcsngnin. (Ii' ) Nolict vf Challges The Note Ilolder will deliver or tlIllillo file a notice of any changes ill U1}' inlerest rate lI/1d Ihe al1101mt of Ill}' monthly payment bcrore Ihe errective date or any change. .111e notice will include informaliOll required by 11Iw 10 be given me :md 111.~o lhc lelephone /lumber of a person who will nnswcr allY question 1m,,)' have regarding the notice. s. BORROWER'S It.lGIIT TO I'RF.PA Y 11m,ve the right to make pllyments of principal at any time before they are due. ^ payment of principal ani)' is known as 11 "prepllymelll." Whcnl make a pfepaymenl, I will telllhe Note llolder in wriling lhotl am doing so. I may make a full prepayment Ilr partial prepaYll1eflls wilham paying any prepayment charge. The Nale Ilolder will use all of my prepayments to reduce the amounl uf principal thaI ( owe under tltis Note. If I make a parlial prepayment, there will be no changes in lile dUe dates of lilY motlthly payments unless Ule Note Holder agrees in wrllin@. 10 tll{lse challges, My parlinl prepayment may reduce the amounl of my monlhly payments aner tile ril'sl Change Date following my partinl prepayment. HG\vevcr. ;my reduction due to m)' partial prepaymenl may be offscl by an inl~res! rate-incrensc. 6. LOAN CHARGES !f a law, which <<{l{Ilies to this kllm a{ld which sets mar.imum.lo,'m charges, is finally il\tef'tlreted so thal the irl\eres\ or olher loan charges collected or to be collected ill conneelion wilh this loan exceed Ule pennilled limits, lllcn: (i) allY sl1ch lonn charge shall be reduced by t111': amollllt necessary to reduce Ihe charge 10 the permilled limit; and (ii) IIny sums already colleeled rrom Jll!! IIml exceeded permilled limits will be refunded 10 me. The Note Ilolder may choose to 11I1I~e Ihis refund by n:dueing tile principal I owe under lhis N;Jle or by lllsking II direcl paymenl to Ille, If n rd'i.md reduces principal. the reduction will be Ircuted liS II pttrtial prepayment. 7, BORROWER'S FAILUltF. TO I'A Y AS REQUiRED (A) Late Craarges for Overdue I'aymen!s If t11e Note Iloldl:r 1m:; not recdveu thli! fulllllllQtU11 of ally llIonthly pnymenl by the end of lS calendar days liner the date i1 is due, I will P:1Y a Inle charge 10 the Note Ilolder. The amollnl of the charge will be .J .000 % of my overdue payment of principalllnd inlerest. I will pay this lale charge promplly hul only on.;:e Oil each lale paymenl. (8) Oerault If I do not pay [he full amounl of each monlhly payment on the date il is due. I will be in default (C) Notice of ])dAult If 1111I1 in default. the Note J10lder may $elld llIe a written notice telling me Ihat if I do llot pay lhe overdue amount by II eertaindate, the Nole Holder may require lIle to pay immediately tile rUlllllnOunt ofpIincipal tllat has nol been pllid and a111he interestlhat 1 owe on 111al 8111t\l11l1. Tlmt dale must be allenst 30 days after lhe date on wllich the nolice is rlelivererlor mailed 10 me, (D) No Wldver By Note lIolder Even if, at a time when I am In defaull, the NOle Holder does nOI require me to pay immediately in full as described IIbove. the Note l-1older will still have Ihe righllO do so if I am in default lit a later lime. (F-) Paymenl of Note Hollke's Cos!s aud EXIlCDses If the Nole Ilolder has required me 10 pay immediately ill rtlll as described above, lhe Nole Ilolder will have the right to be paid back by me for all of its costs and expenses in eMon:ing Ihis Note to the exlenl npl prohibited by l\11plicable law. Those expellSes inclttde, for eJC.fllllple, rC;lsOfUlble attorneys' fees. 8. GIVING OF NOTICES Unless applicable law rctllllres a dincrCllll11clhod, any notice IlIa! musl he given 10 me under Ihis Note will he given by delivering it or by Illllillllg il by !irst class mail to me allhe Property Address above or at a different address if I give the Noll.' Ilolder " noliee of lilY differenl address. Unless lhe Note 1I0lder requires- n dillercn! melhod. any notice thnt mlist be given 10 lhe Note lIol<ler under this Nllte will be given by malling II by !irst c1a~s militlo the Nole Ilolder at Ihe address stated ill Section ](^) above or al a different address if 1 aln givcn a noticc of Ihat differel\t address. 9. ODLlGA nONS OF PElf-SONS UNIJER THIS NOTE If more than one perSall signs lhis Nole, each person is fully and persollally obLigated 10 keep all or llle proll1ises made il1lhls Note, including the promise 10 pay the full all\OUIlI owed. AllY persol) WllO is a guar3nlor, surety or endorser of lhis Note is also obligaled to do Ihese things. Any jX':rson who lakes over the~ obligalions. including Ihe obligations ofa guarantor, surety or endotsl!roftJl[S Nole, is also obligated 10 keel' all of the prolulseslnade in Ihis No\e. The Nute (.{\l\ffi mil)' enfuTl;.e It'il ri};ll\S ulml \l1h~ No1e aga\m\ t'llth peT5tm ;'l\{\'i'l>iollll\\Y or uga'ins\ al\ -of \1'3 together. This mea-ns that anyone of us may he n:tluired I() pay all of the amounts owed under Ihis Note. ~1l..;n~I""n: AIlJiln,\.IIU: n.\l't: Non:-'I,IlIIlK ~ MON'11I11'1llt:.X l'\~ l'U81.1sm:\lIN T1lt:W.\I.I,S-I.RF.r,I'J()IIlIN,u,}-St"gfcF""'il~.r"""w~l.tl'lIil"ro, r".t,""'."1 N-rJn'I,\.llllAIIIlIII\~/'JSt LOAN lD,D'8.\/l,ij~~ ALI.!\ (,",,,,,'l,!!),"';!."_'J ~ '-' _i~., ,~~ ,J '< ""' , "" ~ _c c' ,.,..., .'.' T 10. WAlVIW,S I und any lJlher perslJlI whu h(ls cblignlioll!; Imder II\\S Note w"ive Ihe ri1;hl5 of pTI'scnlmc\)\ amlnmke of dishonor. "I'resenlmcnl" meaus lhe righL Lo require Ihe Nulc Ilolder to demand (laymeut or i\mo\ll1ls d~. ~Nolke or dishonor" me,lnS lhe righl 10 rClluiI'e llle Nole Ilolder 10 give IKlliec III ofJIt:'r persons Ihal amouTlls dill' Imve no! been paid, 1l. UNIFORM SECUIUm NOTI~ This Note Is tllll1ifOTlll inslrumenl with lillliletl Wlriations in somejurisdiclions, In addition tu the protectiol1s given to Ihe Nole Ilolder under Lhis Nol(', :l Mortgage, Deed of Trust or Securily Deed (Ihe "Scrurily Inslrument"). daled lhe s~llle dale as this Nole, protcct.~ lhe Noll' HoMer from pussible IU_<;ses which might rcsull if I (10 not keep Ihe promises Ih,ll I make inlhis Nole, 'I11al SccurilY Inslnullelll describes how and under what cOlldiljOIl~ 11l\IlY he required 10 lI1.llke inunedi.llle pllynu:ml in full of lilt 31ll0UIll.~ I owe under Ihis. Nole_ Some of lhos~ clmditions. nrc dc.~cribed as fQlllJws: Tmusfer IIf tile )'ropcffy Ilr a Ihmcfidtllln(ercs( in lJorrowcr. Ir all or .m)' pMI of lire Pwpcrly or any interest in il i:; sulll or Imltsferl'"tl (Ilr if a hellclicial illtell~sl ill B\lIT\lWl'r i~ ~(lld or lransfcrrcoand Borrower is 1101 (lllllluml persull) wilhoul LClIder"!l priur wrillt:n conscnl, LCllder 11111)', ?o\ IlS ~\tln, reo.\lire im\\\edi.....1:! fta)'Il\~l\l in t\ll\ uf nIl !.\Ims !>~C\Ut:I\ \1)' \I)il'l SecIlnt)' In!.tT\lmel){. IJowever. Ihis option slmll nol he cxcrci:>cd by l.emll'l' if exercise is prohibilcd by redemllaw as of [he dale or this Securily In!llrumcll\. l.enderalSllslmlt 1\111 exel'cisc1his option if: (ill BorJQ\~r..::ml~S 10 be submilled 10 Lender infCll"llmlion reqllifl.'i.l by Ll.'lllkr 10 evaluale lh~ inlcnded Irnnsfer~e ll~ if a new loan wcn~ being mmJe to Ihe transferee; and (0) Lllutler rell!lonahly dcle/1l1illeS thaI I.ender's se..::urily wilt \lol be impaired hy the Itllll1 U~St1l11pli\l1l mullha! Ihe risk 01'.1 llreach of IIll)' l:uvenlUlt or agreemenl in1his Securily 11I!llrumcnl is accerta\lle 10 Lender, To Ihis exlenl pc-nllilled hy applic3blc laW, J.clldcr may charge a rensolll1blc ree ,IS a cOIllSi!iOlJ 10 Lender's consenl 10 the 101llt as.'lUlllplioll, l.ell(lcr may nls{\ tequin: Ihe trallsfcn.~... lu ~i!!o" an il~l<lll11pliun agreement Ihul is m:ccpll1ble to Lemler alld that obligates Ihll Inmsferee 10 keep nil the promises and agreemenls made in the Note find ill'this S<;cllrily lllslrumelll unless l.euder I'clell~CS nouower ill ""riling, . If Lender excrd~cs lhe r'lplion 10 rcquirr' inllncdJale pll)'melll in fllll. Lcnder slwll give Borrower (JOliee of accclernliQI1. TIm [lolkc Slllll! provide a period or lIul Icss lhml 30 days froill Ihe dale Ihe lloti..::e is delivered Or mailed wjlhiu whit,;h Ilorrvwer mllsl pay all sums scctlrcd by Ihis Seclldly 11lslrtlmenl. If Borrower ((,Us 10 pay lllese SIlins prior 10 the e:<-piHlliQIl of{hi~ period. Lender may invoke any remedies permitted hy this So::l:utily In\!.tr\lll\J;:.nt whl\.l.lIIt fllt1het (lOlke or demand on Bormwer. WITNESS TIlE IlAND(S) AND SEAI.(S) OF TilE IINIJE"S1GNEI~lii (lAW IJ ill a (I il.ru c /) ,Lt (ttm\.l')) . ~"I, (:'i~~fl 111M""'':' l~,."l) II"IIIIII".:r IM-nl) !l\ll/(l\\Cl' (S."I) IlUfI(n'.:r tScn\) Ilflrnln-cr ISign Original OnlyJ ~1!l1..1'IS'I""'TX AllJU51',\hU; HATlt NtyrF..I.lhOR 6 AIUN'lII lNln::q.\s l'l'l".r,~m:l, 111' -1'I1t. WAU. $TRF.IiT JO(IRNAI.j-.>;i",lc l'o,"iIH'",,"it' Ma. I'qiforltl fn,h""""' NTJSl1lA_t~^llfR2flRi'ffIl LOA" ALI.E 10:0B01315490 fOR~IJ~r 6t'1~ Ii'''~" .I.if JI"'I:"," . -,-< ~ ,,-~, " '.', "';"'~:'Ji! , I I i I ;'1 'I I I, I Ii Ii I I ! 1 I , i I I , 'I J il II II i ~ I' Ii ~~, , ., ~ 'f" . , ,"-I , ACCOUNT g:08013t5490 AOUENnUM TO FNMA Non: Thi::; ADDENDUM TO NOTE 1::; Inade this 20th day of NO\lF.MBER, 1998 alld is incorporated into and amends lInd surp!cmenls Ih~ Not~, Adjustable Rale Note or Balloon Note of Ihe Sllltle dme, and allY extensions and rcnclVl1ls or Ifml Nole, given by !he ul1cl~rsigrle-d ("llorro\\'ern) 10 Alliance FUlldlng Company, l>ivislon of Sl.lperlol: Bank FSB ("Lcnder")("Note"). In addition 10 thl.: agrl.:cmcnts llIildc in the Nllle, lJorl\lwer nntl \.ell\!l'r furlher !l~ree as follows: \. R.'llloonl'ayment loan ['1 1r Ihe box abUlle hus. bel.:l1 checked, lhe followiug pfovisiollS arc lldlfl'd 10 the Note: A. "l'UlS LOAN IS l'AfABLF.IN FULL Al' MATURITY, YOU MUST R:IWAl' THE ENTlltE I'RJNCIPAL BALANCE OF TUE I...OAN AN)) UNl'AJD Jl"ITEREST THEN DUE. TilE LENDERJS UNDER,NO OIiLIGATION TO n.EFINANCE'r'-IE LOAN ATTltAT 1'IME. \IOU WILL. THEIlEFOIW.., liE ItRQUlRED TO MAKE PAYMENT OUT OF OTnF..R ASSETS THAT YOU MAY OWN, OR YOU WII,L nAVE TO FIND A LENDER, WIIICH MAY BE THE LENDElt YOU HAVE Tills I~OAN Wrrn, WILLING TO LEND YOU THE MONEY, IF YOU REFINANCE TillS tHAN AT MATtJRITY, YOU MAY HAVE T() PAY SOME OR ALL OF TnE CLOSING COSTS NORM^-LL.Y ASSOCIATED WITII A NEW LOAN EVEN IF YOU onTAIN n.EFINANClNG FlmM TUF. SAME LENDER." B. The "I'aymellls" $eetion of [he Nole is mncnded by dcleling the I1rsl selllell~e rind replacing il 1V1Ih Ihe following language; "I wjJl pa)' princip.11 anti inlcn:.sl b)' making pnymclll.~ every 111011111. Each of my reglllar monlllly pa}'menls, cxcl.:pl for the linnl rayment, will be in lhe amounl of U.S..$ N/^. Assuming lllJ scheduled p!lyment~ Ilf prindpnl and illlerc~t lire mude 011 UIe1r due dates, Ihe final paymenl will be U.S. $ N/^ 2. The section of the Nole ehtilkd. "l1ll1'Towl'r's Promise II) l'ay," is amended by adding Ihe following hmg,uagc llner the first ~efllcucc: "Arty lIllJO\1nts owed tmder the Secllrily Instrument Ilml ;s execule<! i,l conjunl;tioll with this NIlle lire 111111 s.hnl! be rart of lhe debt obligl.lthm tHlder this. Nole." J, If the Note is an adjuslable nile Nulc. the Settioll or the Note entitled, "Intcn:sl," is amended by adding Ihe rol!ow;ng language alllle end of lhe second scnlence: "which, excepl for odd fiays' ;nlerest. if any, will be applied to II ]60 dlly year consisting of 12 monlhs with 30 days each. Interest witl be t:Illlrged IJIIIII the prilldpallills beell paid in fulL" 4. H Ihe Nole is l.l1l1ll1juSll1b1c raleNole:;l) 1111.' scclion of Ille Noteellllllt-d, "PaymeJl1s" {A) "Time and J'lnce uf PUY1neuts," is. IIlUendcd by ddctin1'.lhe selltenee which reads. "My monthly pnymenlS will be l\PI)lied to interesl bcfurc principa1." and replacing it w;lh lhe following langl.lsge: "Each of illY regular tn<ltlthly fIlI)'lIlcnts will be uPlllit-d first 10 amounts due for MY escrolVS for lfl;<\es und iusuranee l1ndl.:r Ille Security Inslnllllcnt, lhclIlo m:crucd llnd llllpnit.! interest as if Ihe paymenl is made Oil its due dille, reglll'lJle5s of when lhe ~lYlllenl is m;lunl1y received IlIld Ille l'l.'nm;noer, if any. 10 Ihc unpaid principal balance, Any late chargcs, collee'itll1 eosls and expenses, dishonored I;heck charges, prep.1)'llleJlI charges and paymt'tll!; made by ,he Note I 11,11der to enforce this Nllle 1111dJor III proJectlhe Note I folder's inleresls Wider Ihe Security Ill$trUlllCl1l wilt be asses:>cd sepllmtcly, This d(les Itol toke into Rccounl (lny payments for oplionalmurtgage pf(l{luets Ihatll.re charged 10 my llel:0\ll11.~ and b) Ille see-lion or tne No\e eflll\\ed. "\nI1lTt$t Rate and Moo\b\y paynttnt Chllngts" (U) "Limib un IDtenst Rate Cbnnge.~." is alllcndcd by adding the following Illnglmge. "My inleresll'l1le will never be lesstlmn 8,375 %." 5. If Ihe Note is i1 fix-cd rJlle Note, Ihe section of lhe Note entiUed, "Time and Place 'lIf I'aymenis" or ll.\\emll.\c\Y "l'lI)'Mm\s," i!. amendCJ,\ by delt\ing(\f llpr\ica\nt)\\)e~l1\tm;ewhith ream. "My monlh\y payments will be applicd III hll~reM before princilml." lllld by adding the folluwing Inllgtmge before the scnlence which etll1lnim Ihe maturity date: "Each or my regular monthly payments will be allplied firsl to amounts due for any l:scrows fQr ta;<~s l'I\\d in~\lrlll'ICe \mdeT Ihe Security ~l'l5tT\lmettl, II1Cll 10 lIl;&J\ItO fIllO \lllpnio in\c)tst \0 \\'le dale or paytl1elll ftnd che I"Cmainder, if;lUY. to tbe unpaid prim:iplIr bahmce, Any mle ehn'ges,collectiol1 cools and expenses, dishollOl'CU check charges, prepaymenl charges and plIymellls made by the Note Ilolder to enforce Ihis Nole arId/or 10 pfOtccllhe Nole 1I0Ider'~ inlercsls under the SeC\lrilY Instrument will be assessed separnlely.lhis does not lake into nec01lll1 any payments for opt;,l1\311ll0ftgo.gc products that ate c11argcrt \1) 1\1)' al:\:l)~m\." MGS MlIl:mHA'11i AIUlENI)\lMlU 1!:'l'11Nll tNMi\lI'llI.M(. NIJll1 (SIIV'>>l) SUl'l;t\Imt l'M;E\(lI'~ ANnUM.115M _r. ~ " ~ . .;~-o '-'.h' -'-~-"I--'" 6, A. The seclion of the Nole enlilled, "narrower', Righi 10 Prepay" or alletnately "Borrower', Ptlymen(s Defore They Arc One." is 8lmmded by: 0) adding 10 Ihe end of the first Sel1lClIce the following IllngulIge, ", bulthe Nole Iloldcr l11ay Ilpply any tendered pnyments firslto IlIlY amQUnls lhen due lInd owing undel' this Nole 01' under the Security Instrument."; b) deleting the senlence which states, "The Note Ilolder will use ul1 of my prcpllymenls 10 redoce the all10unt of prim::ipollhbt I owe under this Nole,"; and 1::) addin~ a(ler Ihe final 5entenccthc following language, "EXcept as Inovided jnthe "LoftD Chllrges" SC"CtiDll(if !lll)'). Ib~~NOle Ilolder tWll!j. nlly prcpnid finance charge althe lime the toan is made "lid no {'flrt of il will ~ reftlnded if I pay ill full ahead of schedtde." B, If a pre~ayment ell.uge is cOI'tmcted il\ t.mmection wilh Ihis loan, Ihe sec1illn of 1he Nole el'di\\etl, "Loan Charges" (if any) is ml1'emlcrJ by adding 10 the cut.! of the fiJ\af senttnrc lhe following language, ~Wilholll .111}' prcllil}'mel11 charge," 7. In lhe 'slnte of ^ri1.tlllll, i1l'Wvilliun is added III Ihe Nole n.~ follows: "Confracled lor Rate of Inlcl'l.'sl. I ngree 10 flaY nil etTeclive conlracted for Nlte of interesl equlIllo Ihe interest ratl.': 8<; providl.':d ill this N()te and Ihe additional illleresl resulting [rUin any Additiol1s1 SUlilS. The Addilional SlIlI1S slm!l consisl of all fees, charges, goods, lhings in action or olher slims or things of vnllle (other Ihall inlerest ru: J'ltovir.led in Ihis Note) paid or payoble by me. whether pursllantlo this Note, (he SecurilY lnslrumenl securing this Note or any other docUlrtC111 or illstmmell! in any way pertaining In this 10011, lhal may be deemt'd to be inlerest for Ihe purpose of an)' law of the Slate of Ari7.0na thallnay limitlhe maximullI amount orinteresl to be charged with respecl to this loan. 'nle Additional SUI11:; :;hall be deemed II.> he additional inlerest for Ihe purposes of any such law ollly,~ S, 111e sectioll of Ihe Note entitled, "Late ChArge for Overdue l"ayments," is amended by replllting the word "ove~due" ill !.he .~econll senlcnce with llle word "schcdllled.~ If the Nole l.~ II fi;u:d rate Note, after the final selltenceadd the following language. ~Any late charge will be in l\ddition (0 inlercsl 00 Ihe \lwn otl1Slimding pril1cipll\ for corn dllY llle pll)'ll1ent is IlIlc. ~ 9. The secliOIlS vf Ihe Note enljUetl. "Nulice or Ikfnlllt" and "Uniform Nole;' arc amended by changing the notice of defllutt (lr acceleration 10 be at least 6Q 113)'9 if Ihe loan is llccured by 0 secondary lien on relll ['Iroperty in lhe St.'lIC of COllllcclinlt Ilnr.llltlens! 35 lIays if the loan is secured hy a lien on feal ptllperly ill lhe Slate of ()klalm1113. 10. If this is an adjtlstablll- rale Nole, Ih~11 Ihe subpittagraph entilled. "Tmllsr~r of tbe Property Dr a Belldlciallnlef(<~t in lJorrower," is 1Il11clIdcd by deleting the pn.lVisions relafing Iu l\SStlmpliotl of 1I1cloan. I J, The seclion of lhe Nule ell!illed, "PlIynu'nl of Note HQWer'.$ Co,~ls Mid El:rl'nJlu," is dc1eled in its entirely and is replaced by tile following lang\mgc: "If 1 default. whelhcl. or notlhe Nolo Ihlldcr hasl'equired me 10 pay immediately in full os described above, the Nolc I lolcler will havc the righl 10 he paid back by me for all of hs costs and expenses in enforcing this Note 10 1he eXlelll 1101 prohibited by applieablll- law. Those expenses include_. for cxemrle, reasonable attorneys' fees, eolleelion cosls snd expenses, servicing fees, and dishonored eheck charge.~ \0 the fullest 0);.10111 nllt prohibited by applicable law," 12. 11\e sectiOl) of Ihe Nole en1iUed, "ObllgallonMltuponslblllly of PenDns Undllr Tbls Naill," is amended by adding the following talJgwlgc 1\1 lhe cnd of lhe fibl,sentence: "plus the charges as described in ihe sectiunll enliLled, "Late Charges for Overdue Payments" and "Pllymllnt or Note lIolder's Costs amI EXJll'nses," llnd to pay any other chargCl; required in order to close lite loan." 13. III lhe Stale of VirginiA. the lirst senlel1ce in Ihe seclioll of the Nule (form 3200, 3Z60 or ]520) enlilled, "Walven," is deleled And alllended 10 read as follows: n I and .any alher person who has oblj~li()ns under (his Nole waive the righls of p~(,llllllenl and llotice or dishonor and wllive the homestead exemption.~ 14. ^ provision ill added to lhe Note as follows: "ADOITlONAlSEltVICING FEES: In addilionlo cl18rgesspecificrJ elsewhere ill this Note. in Ihe Security Instrul1lenl given to secure this Nole, or in any olher agreement ill conlleclion wilh 1I1is Note, I agree 10 pay, 10 Ihe fullesl e:dent nol prohibiled by applicable law. the following jf charged in connection with lhis loan: ally fees imposed by the Lender'!; discharge or satisfaction of lien(s) LOAN 1DQ:0801315490 AMeT MlJCllSTA-U, Am)ENI)\IM m I~ rRNII I.NM^,FIll-Mt"Nlm;I~K/>lil SI!l~;Rl{)R I'MlE 2 lfF 1 JlIH\l,lM,USM , < ~-; ", .", ''^f :~ 1'1 ~- L"""-.....", (whetl)er upon p.1ymenl'in full, llcceleral;on or Illslllrily); payoff quoleslcll3rges; delivery charges; inspection r~s andlor paYlnel1t hi$Iory charges." is. ^ ?ro'lisio\\ \s 'M\lkd \t) \\'Ie Note TIS rO\\(jws~ A. "APPLICABLE LAW. This Nole shall be govemed by federal low <lnd, to the e;denlnot inconsisleul with or more restrictive (han rederal law or regulation governing the Lender. the laws of the juri~iclion in which llle' properly defined ill the Security Instrument as !lIe "Properly" is localed. In the event of a conniet between any prevision of this Note and any such law or regulation in dfecl as of the dale of Ihis NOle. such law or regulaliorl shall contrallo the exlent of such connict and lhe connicling (Ifovision conlained lnlhls Nole shall be ,vilhont elTeCt. All C1ther provislutls of this Note will remaiu fully effective and enrorccllblc." 13. lnlhc State or Mil\ne~Olll, II provisioTl is addcd 10 lhe Note as follows: "The interesl rate on 11 second- Il1Oflg.1ge IOUll1s gQl/emed- by Mhlllesota StallJtes Se<:lion 41.20, 47.2\ and 12 C.r. R. Section 56{1,IIO(b}." 16. If Ihe box. below has bl!.cn cht!ckcd, Ihe seCHo11 of the Note ~ntil'ed, "norrower's Righi (0 l'repay" or alleron/ely "Borrower's 1~IlYlJlCllts Defore They Are Due," is delelcd iJ1 ils entirely 11l1d replaced with the following language: o "OORltOWER'S RIGIIT TO Vlml' A Yj PREI'A YMEN1: CHARGE. I have Ille righllo make paymeTlts of principal alany lime before they are dlle, but the Note Ilolder may apply any tendered payments firsl to lmy alnoullts then due and QWillg under Ihis NQle or tlOder the SCCllrily Instrumenl and then to principal not yet due. ^ paymenl of principal only is known as a Mprepayment." A prepaymcnl of.all of Ihe unpaid principal is known as a "full prepllymenl," A prcpaymeot of only part of the unpaid prIncipal is known liS a "partial prepaymen'." If I make It partial prepaYlllcnl and lhis Nole is a fixed rate Null::, there will he no changes illlhe due dates or amounts of Ill)' monlhly (IaYlneni!! unle~s the Nate Holder agrees in writing to those changes. J r I make a panial prepayment and this Note is 8n adju$table I"<l.te Nofe, there wll! be no {;hanges in the due dales or amounts of my slIbsequcllt scheduled monthly payments unlillhe firsl payment due allet the first Change Dllte following lilY partial prepaymenl unless the Nole Ilolder agrees in writing to those changes. If Ihis Note is all adjuslable rate Note, my rmrUa1 prepaymenl may reduce lhe amount of my monlhly paymcntsllficf the flrsl Change Date following my partial prcpaY1llent, but any .such redllClion may be offsel by 6n iutercsl rale increase. If Ihe aggregate amount of principlll prepaid in any twelve (12) Intllllh rerilld exceeds 1wenly percenl (2U%) of Ille original principal fIlnoUnl oflhis Nole during lhe first three (3) year:; commencing fromllle dale ofthis Nole, then as con.sideration for Ihe acceplanceof such prepaymenl, lllld in <Iddilion 10 any other sum payable hereunder, I agree 10 pay lo the Note Holder a prepaYlllclIl charge equal 10 fivc percent (5%) uf the lota1 amollnt prepaid. I will pay (his prepllymenl charge whelher prepayment is voluntary or the result of acceleratiol\ due 10 Illy defnult under Ihis Note or the Security Inslrument. Exceplas provided illlhe section entilled, "LoaD Cbarges," lhe Note Ilolder earns any prepaid finance charge t\1 the time the loan is made and no parI of it will be refunded if I pny III fullllheadcfsd,edule." 17. If the NOle is assigned or IfllllSIt-rred.all or 0. p<lrlion offhis Addendum to Note lI1ay be voided at the option of the assignee or tran~fere~. ^ny tenns and provisions of Ihe Addendum to NOll! which are voided will be governed by the origin. 'II tcrms and pro...i~ions of the Note. BY SIGNING BELOW. Botltl\'Il:r ac<:epls and agrees to the terms and provisiOll"l contained in Ihis ^ddcndum to Nole. {S<lall l!kar, nnlT"wer {s.:all Ilmmw"f (S~~lJ IIomlWCf (!Wall U"'l'I...w~r (&~l) Il",rower MIJL'l1STAl1: Allm!t'lI)I)M '1lI1~'J'mm I'I'lMItIHIl.Ml" HIHI: \S1llIll~1 $trPElUO/l LOAN 1D#'0801315490 MCU 1'^lJI;}(ll'J AN'lDJM.lI!IM ~- ""-' ~ ,"". ;Oc , Exhibit "e" >;"_,,_.1-.,_,"', " 'h~-,;- '-, ; - ~:" '.-" ,_",' ,;;,\"-~i~L""':,''''';;;"~-'"' ", - > -; ,-~ ,~ ',.1.', I ~.-, ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of CUmberland, State of Pennsylvania, being on the West side of South Market Street, and known as No. 510, the improvements consisting of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (G-> inohes south from the intersection of the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center of a twenty foot alley, along the property formerly owned by Charles A. Markley r now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point the corner of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz one hundred and sixty-nine (169) feet to the center line of MarKet Street; thence northward along the said center line of Saut~ Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNING. BEING THE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by their deed dated November 17, 1995 and recorded November 21, 1995 in the office of the Recorder of Deeds for Cumberland County in Deed Book 131, Page 701 granted and conveyed to Saverior R. Pellegrino, single man. te 01 Peons Yania} 86 Sta "" ot cumb and cording of Deeds COUll-I. f etorthere Recorded lfl the 0 b nd Coun\','. Pa. ett. in andtorCum ~o\. 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(the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in thel Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the PlaiIliff. 4. The debt described in the Cotnplaint, ievidenced by the copy of the mortgage note attached hereto, will be assumed to be walid by:the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice" disputes in writing the validity of the debt or some portion thereof. S. If the debtor notifies the creditor' s la~ firm in writing within thirty (30) days of the receipt of this notice that the debt or any portionithereof is disputed, the creditor's law firm will obtain a verification of the debt and a 'copy of the verification will be mailed to the debtor . , by the creditor's law firm. 6. If the creditor named as Plaintiff in th~ Complaint is not the original creditor, and if the debtor makes a written request tofue creditor's law firm within the thirty (30) days from the receipt of this notice, the name and! address of the original creditor will be mailed to the debtor by the creditor's law firm. I I ' 7. Written requests should be adtlressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210,1 Cherry Hill, NJ i 08034. llill_'~M'-~~t!l1llJJ!ili!lj;jr"~..~1II~~~U.L"'_"""'L;.ie,:iJli~,"''''''';ci;'''L1;Wr.,~i""\tiO~~ii!lIlo"'._''lfklri~ .&JJlliJll ~. -,l~ >OIl 'Ji m ~~ ~ . ;[ "-'t .. 0 '0 c:: l;J ~ "'6Q. ~~'i ~ ,j' ."'0'"" ~ l~t' ' tJ::. " -.-' h - !",.,) '.~; , B . De8 8 C1 . .',J "- -~-:] C'J ~5 V) <> ~ CY ;-:, " ~ J j C,_:: / :: I b --~ ~-,\ ;~... V V) -(' ~J f' ('\ j- '.' -< ~ ~ r ,,~ '% -?iqt<-,~'C_,~_._"~,'If'."_ _. _~,~_ """" ,_"",- ~~,._,"=O,,", '.~ ",,,,~,,,, ~, ," <,~",1 , q.." ~,~ .""__' ^~ " "', ~ " 1- '<- ',1_0" ~- < ~ - ~ "' ,-- -,- L.t, SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2001-01110 P COMMONWEALTH OF PENNSYLVANIA: ~COUNTY OF CUMBERLAND LASALLE NATIONAL BANK (326) VS PELLEGRINO SAVERIO R R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PELLEGRINO SAVERIO R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE/NOT County, Pennsylvania, to On March 26th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co So 18.00 9.00 10.00 30.50 .00 67.50 03/26/2001 SPEAR & HOFFMAN R. Thomas Klin Sheriff of Cum erland County Sworn and subscribed to before me this .n e:- day of ~-L, d(H)/ Cff'" A.D. Q7M-<<_W!j' Prothondtar ", ~-- ~ ' I~", --J' ~ o ,--,k~<"""-,J,,'1$f..,",,,,_,,",2L SHERIFF'S RETURN - NOT FOUND , CASE NO: 2001-01110 P COMMONWEALTH OF PENNSYLVANIA '. COUNTY OF CUMBERLAND LASALLE NATIONAL BANK (326) VS PELLEGRINO SAVERIO R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PELLEGRINO SAVERIO R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT PELLEGRINO SAVERIO R DEFENDANT DOES NOT RESIDE AT ABOVE ADDRESS FORWARDING ORDER EXPIRED AT THE WOST OFFICE. Sheriff's Costs: Docketing Service Not Found Return Surcharge So .00 6.82 5.00 .00 .00 11.82 R. Thomas Kline Sheriff of Cumberland County SPEAR & HOFFMAN 03/26/2001 Sworn and subscribed to before me this ,,2g 0:- day of ~ dLlr1Yl A.D. Sh.L-- a .1vt,PP~,.j,~ Pro h notary . , ~. '-'L....... " , . ""-" @ffite of tfre ~4eriff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17l 01 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LASALLE NATIONAL BANK vs County of Dauphin PELLEGRINO SAVERIO R Sheriff's Return No. 0650-T - -2001 OTHER COUNTY NO. 011110 AND NOW: March 21, 2001 at 5:34PM served the within NOTICE & COMPLAINT IN MORTG FORECLOSURE upon PELLEGRINO SAVERIO R by personally handing to HIM 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORTG FORECLOSURE and making known to him/her the contents thereof at 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 ''', "~."Y ~=' So Answers, JR~ Sworn and subscribed to before me Sheriff of Dauphin County, Fa. PROTHONOTARY By~~~r1~ Deputy Sheriff Sheriff's Costs: $30.50 PD 03/06/2001 RCPT NO 147239 STRUBHA A I."",. 1-_', ~'.. , -" ~.~'- .-" "'- '-"'~', In The Court of Common Pleas of Cumberhmd County, Pennsylvania , , LaSalle National Bank (326), et. al. VS. . Save:do R. Pellegrino No. 01-1110 Civil Now, 2/27/01 , 20 <0 () , I, SHERIFF OF CUMBERLAND COUNTY, P A., do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ' , ," ~~~~I Sheriff of Cumberland County, PA Affidavit of Service Now , , 20_, at o'clock M. served the within upon at by banding to a copy of the ari ginaI and made known to the contents thereof. So answers, Sheriff of County, fA Sworn and SUbsclibed before me this _ day of ; 20 COSTS SERVICE J:v1ILEAGE A.FFIDA VIT $ $ "'<t. , f . (- fSpear & Hoffman, P.A. BY: ROBERTW. CUSICK AttorneyI.D.No.80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. : 0801315490 COpy (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 1111/98, SERlES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. C I - / //0 Q~o:l L~ vs. SA VERla R. PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 DEFENDANTS COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 TRUE COPY FROM RECORD 1ft TNtImony wtlereol, lhere unto.. my. haM ~ 1M ~ said ~. Pa. l T\~:'n ~f' --:~i~)rs<T J P' ^" L'"_ '- ;., ,..~ - '-I ,I ~ i '" ~:j~i~ . , A VISa Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en Ilersona 0 con un abogado y entre gar a la corte en forma escrita sus defensas 0 sus objeciones alas demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a fa'\\or del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros dereches importantes para usted. LLEVEESTADEMANDAA UN ABOGADO INMEDIATAMENTE, SINO TIENEABOGADOO SINO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17103 (717) 249-3166 ,. , , "-^~'" .-.', "-'4' '.~ . r Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney LD. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. : 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. vs. SA VERlO R. PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, P A 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, with its principal place of business located at ONE RAMLAND ROAD, ORANGEBURG, NY 10962. 2. The names and last known addresses of the Defendants are: SA VERlO R. PELLEGRINO, 1524 E. DERRY ROAD, HERSHEY, P A 17033. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about NOVEMBER 20,1998, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to ALLIANCE FUNDING COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: NOVEMBER 20,1998 DATE RECORDED: NOVEMBER 25,1998 BOOK: 1500 PAGE: 658 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A 1 ., ~"~ --'""='-"",-" -~, . -". - "~ ~ -", 01 r <j- t , true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about NOVEMBER 20,1998, in consideration of their indebtedness to ALLIANCE FUNDING CaMP ANY, SA VERlO R. PELLEGRINO made, executed and delivered to ALLIANCE FUNDING COMPANY their promissory Note in the original principal amount of $171 ,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder ofthe Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ALLIANCE FUNDING COMPANY (326) LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 11/1/98, SERIES 1998-4 N/A DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED ASSIGNOR: ASSIGNEE: 7. The Mortgage is secured by property located at 510 SOUTH MARKET STREET, MECHANICBURG, P A 17055, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JUNE 6, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance $169,436.57 PER NOTE% interest from MAY 6, 2000 to January 31,2001 at $52.56 per day Accrued Late Charges $12,425.96 $581.25 2 .~ 1 Property Inspections $205.00 Estimated Attorney's Fees $3.600.00 TOTAL AMOUNT DUE $186.248.78 Interest continues to accrue at the per dielJ1l rate of$52.56 for every day after January 31,2001 that the debt remains unpaid. 10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. !l403 is not applicable. II. Pursuant to the notice provisions of Act 91,35 P.S. !l1680A03(c), notice was sent to Defendants, dated AUGUST 18, 2000. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". WHEREFORE, Plaintiffrespectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale ofthe mortgaged premises. DATE ~\ \'\\01 SPEAR & HOFFMAN, P.A. RO~ 3 J' _J_ ""-"-"';;0;.11",_,_ " '-,." ,," .--'1;: Jan 18 01 11:34a p.7 I VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her information, knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsitlcation to authorities. Date: --.V.12M } , . ..... /.......'/ ~/.-I.. ...".";&..1 /~ CL' / /;:r V-'" V . UREEN P. TOAL Foreclosure Specialist I..; '""", '~",< J Exhibit "A" .' Co-', :~, ~~,(J . ,..'l.'iio 1'--" <' ,\ -. ---M 1{~SfpC . . :':"~;: ! 'l : -"':f:;:;.'i-fi I,ii vUDS .,.",jSl:.hL:\~l:J COlHHY-f'A '98 NOU 25 PPI 2 25 ISpllCe ^oo:-e This Lin~ For Rteol~lng DllIIl] Prepared by: CRYS',rAL RADER ~CCOUNT #: 08013154901L MORTGAGE JJ b THISMORTGAGE("Securilylnstrument")isgivenon NOVEMBER 20, 1998 . Themortgagor ;, SAVERIO R PELLEGRINO ("Borrower"), This Security Instrument is given to Alliance Funding Company, Division of Superior Bank FSB which is organized and e.1l:isting under the laws of The United States ,and whose address is /135 CHESTNUT RIDGE ROAD, MONTVALE, NJ 07645 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED SEVENTY-ONE THOUSAND AND NO/100 Dollars (U,5_. $ 171,000_00 )_ This debt is evidenced by Borrower's note dated the same date as this Security Instrument'(''Note''). which provides: for monthly payments, with the full debt, Ifnot paid earlier, due and payable on DECEMBER 01, 2028. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument tind the Note. For this Purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: ~ If this box is checked see Schedule A annexed hereto and made a part hereof, which has the address of 510 SOUTH MARKET STREET MECHANICSBURG [Cit)-] [SIIectj . Pennsylvania 17055 [ZipCocle) ("Property Address"); ALMU PE'lNSYLVA...,.I;l.-Singl. hmily-Fannie Mol'll'm1i. ~lac UNIFORM INS1'RU~[ElIo1 MG31l3'liU'AM(l1RlIZl\l8) FORM 3O:W 9/90~. 1 liP f"l/I,u) Bo0k!5()O PAGE 1658 ":<. 'ilf i"-tf '''' -,to.-' ,,- ,,- I......,~,. 0"'_,J._ "':.'H'- TOGETHER WITH aU the. Improvements now or hereatleterected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument a... the "Property." BORROWER COVENANTS that 'Bormwer is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that thc Properly is unencumbered, except for encumbrances of record, Borrowerwarrants and will defend generally the title to the Property agaInst all claims and demands, subject to any encumbrances of record. THIS SECURiTY INSTRUMENT combines uniform covenants for national use 'M1d nOfr-unifnnn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenanland agree as follows; 1. Payment of Priocipaland Interestj Prepayment and Late Charges.. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note, 2. Fund, for Taxes and Insurance. Subject to applicable Jawor to a written waiver, by Lender, Borrower shall pay to Lender 011 the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender. in accordance wi1h the provisions of paragraph 8, In Ileu of the payment of mortgage insurance premiums. These items are called "Escrow ltems." Lender may, al any time, collect and hold Funds in an amount nol to exceed the-maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow aet:ount under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S,C, Section 2601 et seq. ("RESPA "), unless another law that applies to the Funds sets a lesser amount. rfso, Lendermay, at any time, collect and hold Funds ill an amount not to exceed the lesser amount. Lemler may estimate the Bmount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise i.n acoordancewith applicable law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank.. Lender shall apply the Punds to pay the Escrow Items. Lender may nol charge Borrower fOf holding and applying the Funds. annually analyzing1he escrow account, or verifying the Escrow Items. unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a oneAtime charge for an independent real estate lax reporting serVice used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay BOlTower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for aU sums secured by this Security Instrument If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess FWlds in accordance with the requirements of applicable law. If the amoWlt of the Funds held by Lender at Ilny time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the defidency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. ' PENNS\'L VANIA.Sing\<< Family-Fnnle 1\-TaeJFrali~ JI-Iae 1r.flFORM L'\ISTRL"]'IENT MGJIIJ9A...PAM(IIR:tf.!MI) LOAN IO: 0801315490 ALMV FORM~' 91!1O ~ 2 .ifP pag~) 8od500rAGE .659 ~ " '~-;"I--- ->. "'''''-t- Upon payment in full of all sums secured by this Seclirity Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit againslthe sums secured by this Security Instrument. 3. Appli~lItion of Payments. Unless applicable Jaw provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal duc; and last, to any late charges due under the Note. 4. Charges; Liens. Borrl1Wer shall pay all taxes, assessments, charges, fines and impositions attributnble to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to bc paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agtees in writing to the payment of tbe obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borro\\.-er shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected 00 the Property insured against loss by fire., hazards included within the tena "extended coverage" and any other hazards. including floods or flooding. for which Lender requires insurance. This insurance sna)l be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen hy Borrower suhjectto Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rigbts in the Property in aClO'ordancewith paragraph 7. All insurance policies and reoewalsshall be acceptable to Lender and shall include astandard mortgage c1anse. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event ofl05s, Borrower shall give prompt notice 10 the insurance carrier atld Lender. Lender may make proof of loss if not made promptiy by Borrower. Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged, irthe restoration or repair is economically feasible and Lender's security is not lessened. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer wilhin 30 days a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30.day period wiU begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any appiication of proceeds to princlpal shall not extend or postpone the due dale of Ihe monthly payments- referred to in paragraphsl and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. PEl\~SYL\'ANlA.Sinsle Family_FonDle M.eIF.ed1e r.t.. tiNIFORM INSTRUMENT )fG30l9A.PAM (lIR 112198) LOAN 1D: 0801315490 ALMW FORM3IlJ9'19O CPalI. j <>J~pagts) ,Bod500 PAGE .e60 "~-" w. Ll "<.l....~JIIiJ,I;6 I ,~'I,'l'. _.1> '~'~d'",~ 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property a... Borrower's principal residence for at least one year after the date of occupancy, untess Lcnder otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forleiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Sectlrity [nstrument or Lender's security interest. Borrower may eure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed .....Uh a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccumte information or statements to Lender (or failed to provide Lender with any material intormation) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Tnslrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and Ihe fee tiUe shall not merge unless Lender agrees to the merger in writing. 7. Protection or Lender's Rights in the Property. If Borrower faBs to perfonn the covenants and agreements contained in this Security Jnslrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptC)'. probate, for condemnation or forfeiture or 10 enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's aClions may include paying any sums secured by a lien which has priority overthis Security Instrument, appearing in court, paying reasonableattomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms of payment, these amounts shaU bear interest from the date of disbursement at the Note rate and shan be payable, with interest, upon notice from Lender to Borrower requ~ting payment. 8. Mortgage ID.!Iuranc.e. If Lender required mortgage insurance as a condition of making tbe loan secured by this Security instrument, Borrower shall pay the premiums required to maintain the mortgnge insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent 10 the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalentmorlg8ge insurance coverage is nol available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage imurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender agaill becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreemenlbetween Borrowerand Lenderor applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. PENNSVLVMilA-Si"1!le Famil~.F...ni~ M.>:IP,O<i~ ;.fo. UNIFOR.!\ol Th"ST1l1IMENT MGJOa9A.I'AM (11ll1MB) LOAN ID~ 0801315490 ALMX fORM lOa9 9190 fJ'I'KI' 4 ,,/9 Met) .Bood500'IGE .661 . , ,~' };,-, ~~ '-;';'''J~ 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of contiemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security lns1rument, wl1etheror not then due, willi any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately hefore the taking is equal to or grettter than the amount oflhe sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, 1he sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking. divided by (b) the fair market value of the Property immediately before the laking. Any baIllnceshall be paid to Borrower. In the eventofa partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im- meCliately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law oth<:rwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or nOI the sums are then due. If Ute Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 tlays after the date the notice is given, Lender is authorized to collect and apply the proceeds, 8t its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or nOlthendue. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the am\)unt of such payments. 11. Borrower Not Released; Forbearance By Lender Not II Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender 10 llny successor in interest of Borrower 500111101 operate to release the liability of the original Borrower or BOITower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in intflrest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Uabllity; Co--ligners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrumen! but docs not execute the Note: (a) is co-signing thi~ Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may llgree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's COIlsent 13. Loaa Charges. If the loan secured by this Security Instrument is subject to a law which sets m~ximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to he collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the per mined limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded 10 Borrower. Lender may choose lD make this refund by reducing the principal owed under lhe Note or by making II direct paymentlo Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. I'E:>iNSYLVAN)'\_S;n~ln F","l1~_rnnll\e llae/Fredie M.e U~IFORM INSTRUMENT Ml;)IIJ~A.1'AM{1IR.1JlI9SJ LOAN 10: 0801315490 AI..MY FOR!\.1J039mot<x'lfl'5r>j<)~'.J 80011500 PAGE 16(j2 .. ~ ., ""'-' ,'." I, J~ I. 14. Notices. Any notice 10 Borrower provided for in this Security Instrument shall be given by delivering it or by mailirlg it by first class mail unless applicable law requires ust: of another method.-The notice shall be directed to the Property Address or any other address Borrower designates by norice to Lender. Any notice to Lender shall be given by first class mail to Lender's addrt1ss stated herein or any olher address Lender designates by notice to Borrower. Any notice provided for in this Security Instnunent shall he deemed to have been given 10 Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument sball be governed by federal law and the law of the jurisdiction in which the Property is located. In the even1 that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note Bre declared to be severable. 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not II natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall nol be exercised by Lender if exercise is prohibited by federllllaw as of the date of this Security In.~trument If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted 'by this Security Instrument without further nOlice or demand on Borrower. 18. Borrower'sRight to Reinstate. If Borrower meets certain conditions, Borrower shall have the right 10 have enforcement of this Security Instrument discontinued al any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security [nstroment Those conditions are lhil.l Borrower. (a) pays Lender all sums which then would he due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defuult of any other covenants or agreements; (c) pays at! expenses incurred in enforcing this Security 1nstrument,. including, but not limited to, reasonable attorneys' fees; and (d) takes such aClion as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this righ110 reinstate shall not apply in the case of acceleration under para","I'aph 17. 19. Sale or Note; Change or Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice 10 Borrower. A sale may result in a change in the entity (known as the ~Loan ServiceI") that collects monthly payments due under the Note and this Security lnstrument. There also may be one or more changes afthe Loan Servicer u~lated to a sale of the Note.lfthere is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address oflhe new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substanees. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to thc presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to mllintenanceofthe Propert}', PENKSYLVAf'I:!A.Smgle fnmily-Fa~n", MaeJFrrdie U.e llNWORRIlNSmUJIoIENT J't1G:l039A,PAl'4(11R1I1I!Ill) LOAN 1D: 0801315490 ALMZ fORM JOJ9 9BlI ~e 6 Qf9 pagel/) Bod5(!O rAGE "'63 ~ ,- ; , ,,' , \,~ .... '.1 ",,1'0 '., '- , ~," ''''';',c:' Borrower shall promptly give Lender written hoUce of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all ne<:essary remedial actions in accordance with Environmenlal Law. As used in this pa.ragreph 20, "Hazmdous Substances" are th.ose subslances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph. 20, nEnvironmenta( Law" means federal laws and laws of the jurisdiction where tlte Propeny is located that relate to health, safety. or environmental protection. NONAUNIFORM COVENANTS. Borrower and Lender further covenant and agree Il~ follows: It. Acceleration; Remedies. Lender sball give DOtice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless IIpplicable law provide..,; otberwlse). Lender shall outify Borrower o~ among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be rured; and (d) that failure to eure the default as specified may resulUn aecelerationofthe sums secured by this Security Instrument, Corclosure by JUdicial proceeding and sale of the Properly. Lender shall further InCorm Borrower oC the right to reinstate after aeceleration and the right to assert in the foreelosure proceeding the Don-emtencl(: of a default or any other defense DC Borrowerto accelef1ltlon and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose tbis Security Instrument by judi.cial proceeding. Lender shall be entitled to collect aU expenses incurred in pursuing tbe remedies provided in this paragTllpb:n, including, but pot limited to. attorneys' fees Ilnd costs of title evidence to the extent permitted by applicable law. :ZZ. Release. Upon payment of all sums sccured by this Security instrument, this Security Instrument and the estate conveyed shaH terminate anel become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower, Borrower shall pay any recordation cosls. 23. Waivers. Borrower, to the extent pennitted by applicable law, waives llnd releases any error or defects in proceedings to enforce this Security {nstroment, and hereby waives the benefit of any present or future laws providing for stay of execulion, extension of time, exemption from attachment,. levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencementofbidding at asheriff's sale or other sale pursuant to Ihis Security Instrument. 25. Purchase Mone}' Mortgage. If any of the debt secured by this Security Instrument is ient 10 Borrower to acquire title to the Property, this Security Inslrument shall be a purchase money mortgage, 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be thernte payable from time to time under the Note. 27. Riden to this Sccnrity Instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement tbe covenants and agreements of this Security Instrument as if the rider(s~ were a part of this Security instrument. PEI\":'lSYLVANI....Singl~ f~",~y-l'.~nie l-1.eIFhd[C MIlo UNIFORllIISSTRUMEN"I" M(".3O]9o\J'AM(lJRZ/u.l8) LOAN 1D:0801315490 ALNA fORM 3fl39 91911 (pap ~ uf9 f'I'/{#>') BOOK15\JOPAGE .664 [Check applicable box(es)] IX] Adjustable Rate Rider o o IXJ o Condominium Rider o o Planned Unit Development Rider 0 Biweekly Payment Rider o Second Home Rider Graduated Payment Rider Balloon Rider l" Rate Improvement Rider Olber(s) [specify] ADDENDUM(S) I, -~;' o 1-4 Family Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenanls contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: '-(jOJ WI/A HILlA /11 H';(' o Borrower (S~81) Blllruwer (~al) Iklrrower '''''" "-,, (Sc:al) il<>w_ (Stal) BallOWCO' doherebycertifythatthe Witness my hand this o 71..1J1/. PESNSVl.VA:'OA.Singl. family.Fannle Marlhcdlo Mac lINIFORJlI Th'STR1:"MEST )fGJtmA.PAM (lIB lMll) ,qqy . '1Io.Luu..iJJ J.J:!l~' Agent of Mortgagee LOAN ID:08013l5490 ALNB FORM JOJ9 900 (p<w' II '19~) BooK15GOrAGE .665 L" <""I' ><'~ - I.w..o.."" . ~- ^ COMMONWEALTH OF PENNSYLVANIA, On this, Ihe :LO ~ay ~ountyss: , before me, the undersigned officer, personally appeared known to me (or satisfactorily prove to be the person(s) whose name(s) ..La subscribed to the within instrument and acknowledged that l.AJ executed the same for the purposes herein contained. fN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: L./.JtUJJLuJ) .MJ:.a~c/L' -I'U-tCUUj p ~ C,-' Title of Officer NolariolSsal VBlerie g, Stack1lick. Notary Public Shiremanslowf' 6or(l. C..'lloorlana County MyCommrs~!O[l E.Y."';.>l1",s Nov. 30, 2000 M8mber.Pe~nsyIYama-AsSoclalioAoINatar1es AFTER RECORDING RETURN TO: .,.........;;..;..'.". $~';.<<.'a\Iolo,a,,'...... ,t,"~""" '--'" ~":" 11'1'. .;;f.\,\~;~'!&.... ~~ " ..",.,- <~'. "'!Ii" ....,. .......i,ll:'f-"~. "".I.U.fI-'fI....'''"f:~...' ~i6 l'~' , ::;;: '-" \"'~' ~ .."~,....,, .' '\ '~l.~;~Ff'~~~./~. . >.,; ,....- "i'll UJi:. 1Joo....., SUPERIOR BANK F5B 135 CHESTNUT RIDGE ROAD MONTVALE NJ 07645 ATTN: RECORDED DOCUMENTS DEPT. I'ENNSl'LVANIA.Singlc Fomily.F;>QQIc FtloeIFrdlo M.. tr.'i"IFOR'llNSTRUMENl" !>1GJOJ9A.I"AM{llR1I'U98) LOAN 1D:0801315490 ALNC 1I0RM3OJ99J98fpP8.'9uj9pnget! Bod500 PAGE .666 '. '~i!',::i I , i I I I I I , I , , I i I I I I ! I I ! i ii " " " !i I, I: ii II " I I ~ " Ii " Ii Ii ~ "1'1 ,'- , ,~-b~ c_, d ';';-'~i ALL THAT CERTAIN lot of ground sitJate in the Borough of Mechanicsburg, County of cumberland. State of penqsylvania, being on the West side of South Market Street, and known. as ,0, 510, the improvements consisting of a three-story brick house, thre (3) car garage, and more particularly bounded and described as follows, to wit: I BEGINNING at a point in the center lof Market Street one hundred and sixty-seven (167) feet six (6) inc~es south from the intersection of the center of Market and Marble St~eet8; thence westward on line parallel with Marble Street one huridred and sixty-nine (169) feet and four (4) inches to the center of a!twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point, tije corner of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz one hundred and ~ixty-nine (169) feet to the center line of Market Street; thence nort~ward along the said center line of South Market Street sixty-one (61) Ifeet and six (6) inches to the place of BEGINNING. ' BEING THE SAME PREMISES which Charies w. Stoner and Dorothy T. stoner, his'wire~ by their dee~ dated Noverber 17, 1995 and recorded November 21, 1995 in the office of the Reco,der of Deeds for Cumberland. County in Deed Book 131, Page 701 granted and conveyed to Saverior R. pellegrino, single man. ! State 01 penns ania~) 86 d COUI'IW oi .cumb of 81'1r {or the recording of Dee s Recorded In the b nd County, Pa, ect, in and for Cum e 0\ Page_ \n_BQO~~~ s~a tofliceof 19_ vlimessmya. I of__ C"rl\sle, pA \tlll>--+-- BGd50~PAGt ,J3Fr/ . ! ! ! .! I i ~ .' , ~ - ~~ I..... '.:-~- ~ " ,., co,_ '"" ACCOUNTH:0801315490 ADDENDUM TO MORTGAGEIDEED OF TRUSTI DEEl>TO SECURE DEi!IlSECTJRlTY DEED This ADDENDUM TO MORTGAGElDEED OF TRUSTIDEED TO SECURE DEBTJSECURITY DEED (also known as nSecurity Instrumenn is made this 20th day of NOVEMBER ,1998 , and is incorporated into and amends the Security Instrument of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to Alliance Funding Company, Division of Superior Bank FSB (the "Lender") of the same date and covering the Property described 1n the Security Instrument and located al: 510 SOUTH MARKET STREET, KECHANICSBURG, PA 17055 (Pn)""rt)'Ad~s) In addition to the covenants and agreements made. in the Security Instrument, Borrower and Lender further agree as lollows: . 1. The paragraph of the Security Instrument entitled, "Appliclltion of Borrower's Payments" or alternately "Application of Payments," is deleted in its entirety and the application of payments is governed by. the Note. 2, Unless prohibited by applicable law, the paragraph of tile Security Instrument entitled, "Acceleration; RemedlesM or alternatdy "Lender's Rights if Borrower Fails to Keep Prom;ses aod Agreements," is supplemented by adding the following provisions: "Additionally, Lender may require immediate payment in full of the entire amount. remaining unpaid under the Note and this Security Instrument, if: (I) On application or Lender, two or more insurance companies licensed to do business in the State in which the Property is located, refuse to issue policies insuring the buildings and improvements on the Propelt).; " (2) Borrower fails to make any payment required by a senior mortgage, deed of trust, deed to secure debt or other security instrument encumbering or affecting the Property or fails to keep any other promise or agreement in any senior mortgage, deed oftnm, deed to secure debt or other security instrument encumbering or affecting the Property; or (3) Any representation made or information given to Lender by Borrower in conneetion with Borrower's application for the Ican evidenced by tile Note is false or misleading in any material respect; or (4) Borrower allows the Property to be used in connection with any illegal activity." AMeN MULTlSTATE M>OENDUM TO ISTJ2ND fl'o,"MAlfRLMC SECURlTYIN!:ITRUMENT 5UPltRlOR (413Cm18) . SHORT FORM PAOEIOF5 AMGlll41l.USM BOOK1500PAGE 1668 ~ ..- ~k k 3. For a loan secured by Iowa real property: a, The following sentence is added to the end of the paragraph of the Security Instrument entitled, "Release" or alternately "RedempCion Period:" "Borrower shill pay any recordation andlor official costs in connection with tbis mortgage." b. Language is added to the Security lnstrument as follows: "NOTTCE TO BORROWER I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNT ARIL Y GlVE UP MY RIGHT TO THIS PROTECTION FOR nns MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE." 4. The paragraph of the Security Instrument entitled, "Transfer of the Property or a Beneficial Interest in Borrower," is amended by changing the notice of default or acceleration to be at least 60 days if the Joan is secured by a secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured by a lien on real property in the State of Oklahoma. 5. For a loan secured by Kansas real property, if the Security fnstrument is Form 3017, the last sentence in the paragraph entitled, "Aeceleration; Remedies," Is deleted and replaced with the following: "Lender shall be entitled to collect all reasonable expenses Incurred in pursuing the remedies provided in this paragraph, including but not limited to, reasonable attorneys' fees, to the extent allowed by applicable law," In addition, the paragraph entitled, "Attorneys' Fees," is deleted in its entirety. 6. For a loan secured by Ohio real property, the following language is added after the legal description section of the Security Instrument: "This mortgage is given upon the statutory condition. "Statutory Condition" is defmed in Section 5302.14 of the Revis~ Code and provides generally that if Borrower pays the indebted~ess and performs the other obligalions secured by this mortgage, pays all taxes and assessments, maintains insurance against fire and other hazards, and does not commit or permit waste, then this mortgage will become null and void." MULTlSTATEADDENDUMTO 1ST/2ND FNMAlFHtMC SECURITY INSTRUMENT SUl'ERIOIt (413D19R). SHORT I'ORM LOAN I~f:0801315490 PAGE20FS MCa AMG014B.USM Bod500PAGE \669 "~u' . ,~" ,'.;. 'i_':::~ ~"'. J' 1-, 7. For a loan secured by South Carolina real property: If tbe Security Instrument is Ponn 3041, tbe second sentence of the paragraph entitled, "Waivers," is deleted. If the Security Instrument is Form 3841 the paragraph emitled, "Waiver of Right of Appraisal," is deleted. 8. The paragraph of the Security Instrwnent entitled, "Law That Governs This Security InstrumentIMortgage" or alternately "Governing Lawj Severability," is amended by deleting the first sentence and replacing it willi the following language: "This Security Instrument shall be governed by federal law and, to the extent not inconsistent with or more restrictive than federal law or regulation governing Lender, the laws of the jurisdiction In which the Properly is located." 9. If the Security Instrument is a second or junior priority Security Instrument,. then a paragraph is added to the Security Instrument as follows: "W AIVEROFRIGHTTO INCREASEPRIORMORTGAGE/DEEDOF TRUSf. Borrower hereby waives Borrower's rights if any, to increase any senior deed of trust, mor1gage or other security instrument on the Property under any provision contained therein governing optional future advances, and, to the extent permitted by law, waives Borrower's rights under any law which provides for an increase of said prior deed oftrust, mortgage, deed to secure debt or _other security instrument to pay for repairs, improvements, replacements, tRxes, municipal liens, assessments or other charges on the Property. If, notwithstanding the foregoing waiver. such funds are advlIIlced to or on behalf of Borrower, whether voluntarily or involuntarily, Borrower agrees that Lender, at its option, may accelerate the indebtedness secured hereby." 10. A provision is added to the Security lnstrwnent as follows: "Borrower hereby acknowledges receipt, without charge. of a true copy of the Security Instrument." rf1 Escrow Waiver L.:.J If the box above llas been checlced, Lender waives the requirement for Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, "FundsfMontbly Payments for Tpxes pnd Insurance." Borrower Sbllll pay these obligations on time directly to the person owed payment Borrower shall promptly furnish to Lender all notices of amounts to be paid under this pllragraph, and receipts evidencing such payment. 11. MULTlS7ATI'! ADDEI"DUM 11) ISTaND FNMAlFHLMC SECURITY IKSTRlr.dENT SUl'El:IIOR (4/3ll198). SHORT FORM LOAN 100:0801315490 PAGE 3 OF S AMCP AMG014B.USM .BaOK1500 PACE .670 J_., rl--", '", " ',-c ~~ ~..-."-,"",",,,,\: ~'.! Unless otherwise prohibited by applicable law, Lender reserves the right to require Borrower to make payment to Lender for the escrow items referred to in the paragraph of the Security Instrument entitled, "FundsIMonthly Payments for Taxes and lnsurance," if Borrower defaults In the payment of such escrow items and such default is not cured within the time set forth in any notice sent to Borrower by Lender. Lender reserves sllch right even though Lender did not establish such escrow account as a condition to closing the loan. It Lender requires Borrower to make payments to- Lender as provided herein, the provisions of the paragraph of the Security Instrument entitled; "FundsJM:onthly Payments for Tnes and Insurance" will be in full force and effect. 12. A paragraph is added to the Security Instrument as follows: "FORCE PLAC,ED lNSlIRANCK Unless otherwise prohibited by applicable law, if Borrower does not provide Lender with evidence of insurance coverage (for any type of inSllrance that is required by Lender), Lender may purchase insurance al Borrower's expense to protect Lender's interests in Borrower's Properly. This insurance may. but need not, protect Borrower's interes~. The coverage that Lender purchases may not pay any claim that Borrower makes or any claim that is made against Borrower in connection with the Properly. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the required insurance. If Lender purchases insurance forthe Property, BOrrower will be responsible for the costs of that insurance, including the insurance premium, interest at the rate provided by the terms of the Note and any other charges that the Lender or the insurer may impose in connection with' the placement of the insurance (for example,'a fee from the carrier for processing the force placed insurance), until the effective date of the cancellation;or expiration of the insurance, The costs of the insurance may be added to Borrower's total outstanding balance and secured by this Security Instrument. The costs may be more than the cost of insuram:e that Borrower may be able to obtain directly because Lender wi11 be purchasing insurance under a general policy that does not consider Borrower's individual insurance situation." 13. A paragraph is added to the Security Instrument as follows: "Verification or reverification of the Property's valuation or any other information normally contained in an appraisal may be required as part of Lenders's ongoing quality control procedures. Borrower agrees to cooperate fully with Lender:andJor Its agents, successors or assigns in obtaining and completing a full appraisal in the future at Lender's sole option and expen5e.~ LOAN ID#:0801315490 PAGE 4 OF 5 J\MCQ AMGOI4B.USM MULTISTAt'E ADDENDUM TO ISTI2NU FNJ\.~NJ'HLMC SECURITY L"I~UMENT SUPERIOR (4/3UI9Il} - SHOllT FORM .BODK15'JO rAGE 1671 ._,J . ~L_ 14. If an Adjustable Rate Rider is ex.ecuted in conjunction with the ~ecurity Instrument, such rider is amended by: a) deleting the section entitled, "Transfer of lhe Property or a Beneficial Interest in Borrower" and b) adding to the section entitled, "Interest Rate Rnd Monthly Paymellt Changes" (D) "Limits on Interellt Rate CbllOges," the following language: "My interest rate will never be less than 8,375 %,. ]5. If the Security Inr;trument is assigned or transferred, all or a portion of this Addendum may be voided at the option of the assignee or transferee. Any terms and provisions of this Addendum which are voided will be governed by the ri' 1 s of the Security Instrument IloTmwcr Borrower BOrfllw<:r BolTow<:r Borrower Borrower M1.1.TlSTATEADDENDUM ro ISTI2ND I'NMAlfHLMC SECURITY INSTRUMENT SUPERIOR (4J3OJ98)-SBOIlTFOllM LOAN 10#:0801315490 PAGS 5 OF 5 AMCR AM<ID14B.USM Bood500 fASt ifil2 "'{; ACCOUNT#: 0801315490 ADJUSTABLE RATE RIDER (LIDOR 6 Month Index (As Published in The Wall Street Journal) - Rate Caps) nns ADJUSTABLE RATE RIDER is made Ihis 20th dayef NOVEMBER . 1998 . and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") 10 secure Borrower's Adjustable Rate Nole (the "Nole") to Allianc.e Funding Company, Division of Superior Bank FSB {the "Lender") of the same date and covering the property described in the Security Instrument and located at: 510 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 {J'roperty Addl"(.'i.~} THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND TIlE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIOVAI. COVENAl'O'S. In addition to the covenants and agreemt:l\lsmade in the Security Instrument, Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rale of 9 . 375 %. The Note provides for changes in tbe intereSl rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rale I will pay may change on tht: first day of DECEMBER , 2000 . and on that day every 6 month thereafter, Each date on which my interesl rate could change is called a "Change Date." (B) Tbe Index Beginning with the first Change Date, my interest rate wiJl be based on an Index. The "Index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LlBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occors is called the "Current Index". M:TJLTlSTATE ADJUSTABLE RATE RIDER- l.maR' MOXTIlIt'iDXX (AS l'CBUSJJED IN TIlE WALL STREET SOURNAL). Singlo Family. FAl't"NIE )tAE UNIFORM1N!mlDtIl.NT. RD3138A.USA. [IIR::lIIMlII ro.&h'lf "" (pag<</ofJ,I'QgCI) BodSiJO PAil! l673 ~ ! ; "'~ (C) Cakulation of Changes Before each Change Date, the Note Holder.will calculate my new interest rale by adding SIx AND 25/100 percentage points ( 6.250 %) tothe Current Index. The Note Holder will then round the result of Ihis addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then detennine the amount of Ihe monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in ftlll on the Maturity Date at my new interest rate in substantially cqual payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Dale will not be greater than 11.375 % or less than 8.375 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more lhan ONE AND NO/lOO percentagepoint(s)( 1.000 %)fromtherareof interest I have been paying for the preceding 6 months. My interest rate will never be greaterthan 15.375 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment dale after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail 10 me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. [CONTINUED ON PAGE 3] :\IULTIST^TE AB.R:sTABLt RATE RIDER. LlBOR 6 MOl'<illlINDEX {AS rVBUSf/ED IN 1m W,u,l. STREET JOURNAL}. !llng)cfJll1ill1. I"ANNIE ~E Ul'ilYORM INSTRUl'<IENT. RD3IJ8A.1rSA IIIR 1/10011 LOAN ID: 0P8Mli~~~4 ALUO fJ>tWt!2<!fJJKI~ Bo0K1500rAGE .i6?4 . _",,","I ,~~ By SIGNING....... Ad' uo.LOW Bo Justablc Rate Rid' rrower accepts a er. nd agrees to tl Ie terms and covemmtscontainedin .... , "," (Seal) Borrower (Soal) BOmlWU (Sea1) BOl1o......r (Seal) BormwlIT (Soal) BOmlwer MULllSTATE ~~ Pt1RIJJiiIIE~D':'U~BU: RATE :RIDER NNIE MAE_tlNlFORM ~~~~EET J~~~)6_~~O:olTIIINOE.'" NToRDJIJ5AUSA'''Il1.F"",ily- . 11I1l.2/llJ,l'J81 LOAN ALUE ID:O~-8~tMng (f'fWJnfJp"lr"; Bod500 PAGE !i75 "" , O~ ~,' '" - - .-~ ';';,)i; j-._,,,,,,,, '_0 ,'~~' ,~ I , ~'" j, ~1Q.;' , ,-, " , , f""" , ., ""il\ Exhibit "B" "l_ IT l' I...... ACCOUNT#: 0801315490 ADJUSTABLE RATE NOTE (LIBOR 6 Month Index (As Published in The Wull Stree1 Journal}-Rnte Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CIIAfIlGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANCE AT ANY ONE TIME. AND THE MAXIMUM RATE I MUST PAY, NOVEMBER 20, 1998 ID:w:\ JhutLmar1Jtowlc_ PA \(\\y\ l~lmcl 510 SOUTH MARKET STREET, MECHANICSBURG, PA 17055 [J'fnp.:rtyAddrml I, BORROWER'S PROMISF. TO PAY In relurn for a loan that Il1ave received, [ promise to pay U.S. $ 171,000.00 (this amount is called "principal"), plus interest, to tbe order of lhe Lender, The Lender is All iance funding Company, Division of Superior Bank FSB I underSland that the lender llIay lransfer this Nole, The Lender or anyone who t:!kC's this Note by transfer and who is o;,:nlitled to receive paymenls under this Nole is called the ~Notc Holder." 2. INTEREST Interest will be charged on unpaid principal unlil Ihe full amount of principal has been paid, I willllay interest at a yearly releof 9,375 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest ratc required by Ihis Section 2 and Section 4 of Ihis Note is the rail:: 1 will pa)' both befm-c and after any default described in Section 7(B) of this Note, J. PAYMENTS (A) Time and Place of Payments I will pay pdncipalllnd interest by making payments every momn. I will make my monthly payments 011 the 1st day of eacll month beginning on JANUARY 01 1999 . I will make these payments cvery month untii l have paid all oflne principal and interest and lInr other charges described below !hal I may owe lInder this Note. My monlhly paymenls will be applic!d to interest before principal. Jf, on DECEMBER 01, 2028 . I still owe amounts under this NOle. I will pay those amounts in full on that date. which is called the "Maturity DaIC." I will make my monthly payments at 13 5 CHESTNUT RiDGE ROAD MONTVALE. NJ 07645 or at II different place if required by the Note Holder. (8) Amount of My Initial Monlhly Payments Each ormy initial monthly payments will be in the amount orus, $ 1,422.29, ThIs ammlnt maychang,e. (C) Monthly Payment Changes Changes in my monthly paymenl will reflect cllanges in the unpaid principal of my loan and in the interest rate that lmust pay. 111e NotCll-lo]der will determine my new interest mle alld the changtld alllount of Ill)' monlhly paymclll in acc.ordance with Section 4 or Ihis Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates 11Je interest rate I will pay may change on the firsl day of DECEMBER. 2000 , and on thaI day every 6 monlh lhereafter, Each date on which my iQiercst rale cnuld change is called a ~Change Date." (8) Tlte Iudex Beginnin!; with the first Change Date. Illy interest rale will be based on an Index. The "]ndex" is the avcrage of interbank offered rates for 6 montb U.S. doilar-denominateddeposits ill the London market ("LIBOR"), as published in Tire Wall Srrr!(!f Jourllal. The mosl recent Index figure available as of lhe lirs1 business day of the month immediately preceding the month in which lhe Change Dale occurs is caned the "CUITCIlI Index." If the Index is no longer available. the Note Holder will choose a new ind~x thai is based upon comparable infonnation. The Note Holder will give me notice of this choice. (C) Calculation of Changes: Before each Change Date, tlie Nole Holder will calculale my new interest rule by adding SIX AND 25/100 percentage point(s) ( u.250 %) to IheCurrenl IndL'x. The NOlc Holder will then round the result of tllis addition to the nearest one.eighth of one pcrct'11lage point (0,]25%). Subject to the limits staled in Seetion 4(D) below. this rounded Ilmount will be my new interest rate until the next Change Date, 111C Note Holder will [hen detennine the amount of the monthly paymcnlthat \\ QuId bC' sunicicnl to repay Ihe unpaid prineipnllhllt I am expe<:ted to owe al the Change Date in full on the Maturity Date ,11m}" ne-w intcrcst r:lll" in substantially equal paymems-, 11\e result of Ihis calculation will be the new amount of my monlhl)' payment, ~lI'I.T1S1'Al"J( .uUt'!<TAm.f.ltlTf, SU'll:-UllOR~ )In~rnt IXIlE.>.: IAS rtllll.lStlt:tllX l"UF. \\,,\l.1.STIU:'.:T JOI.'IlX'\I,"Sin~l" l'o",;I),..nn... ~h, t'~;I"m\ In<l''''''.n' SnS1I~\,nM,IIIR!llll,NHI ALKZ F{Jlm j~ZU lJlj~ ,/""". I,~ J 1''1'''' ".h- " 'L'"': (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Dille will nol be !:7eaterthan 11.375 % or less than 6,375 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than OtilE AND NO/IOO ' percentage point{s) ( 1.000 %) from lhe rale of interest I have been paying for the preceding 6 monlhs, My intereo;t rille will nl!\'cr be: greater than 15, 375 %. (E) Effective DlIte of Changes My new interest rate will become ~ffective on each Change DatC', 1 will pay the amount of my llew mumh]y payment beginning on the firsl monlhly payment dale after the Change Date un1i1 the amount of my monthly payment changes again. (F ) Notice of Changes The Note Holder win deliver or mail to me a nolice of any changes in my interest rate and the amount of my monthly payment before (he effective date ~f any change. The noliee will include information required by law to 00 given me and also the telephone number of a person who will answer an)' question I may have regarding 1l1e notiee. 5, BORROWER'S RIGHT TO PRtPA Y I have the righllO make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment M When I makela:prepayment, I willtdlthe Note Holder in writing Ihal J am doing so, I may make a full prepayment or partial prepayments without pa~-ing any prepayment charge, The Note Holder will use all of my prepayments to reduce It~e amount of principal thai I owe under this Note. If [ make a partial prepayment, there will be no changes in the due dales of my monlhly payments unless the NOle Holder agrees in writin!; 10 those changes_ My partial prepayment mTY reduce the amount of my monlh])' payments after the first Change Dale following my partial prepayment. However, iny reduction due to my partial prepayment may be offset by an interest rate increase. II 6, LOAN CHARGES If a law, which applies to this loa~ ,nd which sets max.imum loan charges, is finally interpreted so thlllthe interesl or other loan charges collected or to be collecled 1n connection with this loan exceed the permitted Iimils, then: (i) any such loan charge shall be reduced b.y Ihe amount n~essary to reduce the charge to the permitted limit; and (ii) any sums already collected from me that ~xkeded permitted limits will be refunded to me. The Note Ho]der may choose to make Ihis refund by reducing the principlli I owe undcr Ihis Note or by making a direct payment to me, If a refund reduces principal, the reduction wrlll be treated as a partial prepayment. ,. BORROWER'S FAILURE TO ~AY AS REQUIRED (A) LaIc Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the cnd of 15 calendar days after the date it is due, ] will pay a late charge to lhe Note Holder. The amount of the charge will be 5 .000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late paymenl, (B)Defllult If] do not pay the full amounl of each monthly payment on the dale it is dUll, I will be in default. (C) Notice of Default If [ am in default, the Note Holder may send me n wriUen notice telling me that if I do not pay the overdue amount by a certain date, the Note Ho]der may require me to pa)' immediately the full amount of principal that has not been paid and all the interest thaI I owe on that amount. TNlt dale must be alleas! 30 days aftcr the date on which Ille notice is delivered or mailedtQ me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Nolc Holder does not require me to pay immediately in full as described above. the Note Ho]der will still! have the righllo do so jf [ am in defaull a\ a ]ater time. (E) Payment of Note Holder's Costs and Expenses ]f Ihe Nole Holder has required mF ~o pay immediately in full as described above, the Note I-Iolder will have Ihe right to be paid back by me for all of ils costs and expenses in enforcing Ihis NOle to the exteUl not prohibited by applicable law. Those expenses include, f'f rxamp]e, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any nOlice that musl be given to me under this NOle will be given by delivering it or by mailing it by first class mail to me allhe Propeny Address above or at a different address if I give the Note Holder a notice lot my differl!nt address, Unless the Note Holder requires 11 different method, any notice that musl be I:;ivtlll to Iln: Nole Holder under [his NOle wjll be given by mailing it by fir,sllclass mail to the Note Ho]der at the address slated in Section 3(A) above lIr alII different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS:UINDER TIUS NOTE If more than one person signs lhis Nole. eacb person is full~' and personally obligpled to keep all of Ihe promises ma~e in this Note. including the lIrQmise to pay the full amount owed, Any pmon who is a guarantor, surely or endorser of this Nole is also obligated 10 'do these things, Any person who takes over these obligations, including the obligations of a guaranI or, surety or endorser of this Nole, is also obligat~d to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us logelher, -nlis Ineans that anyone of us may be required to pay all of Ih(: amounts owed under Ihis Note, ~tl:L.'I1!'-r,\TE AIIJll$l"A1ILl: IIAll: ~on:.LI\lt)ll ~ JllO:-'"l'IIll'llJE.'I: [AS M'lil.lSUF.III:-; Tm: "',11,1, snu:t:1' JOl'IlN,\l,)..%'Il1o F.mi]j..t..unJe Moe !'nJlur", Inmunu.., iIi'fJ5lU,\,I'SAllfRVlIItIKI LOAN ALLA ID:O~&Ml~~~t9", It',,/:>.J.!JJ lu'~,"1 10. WAIVERS ! and any other person who has ob,ligations under this Note waive the rights of presentment and notke of dishonor, ~Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of disho~or" means the right to require the Note Holder 10 give notice 10 other persons that amoums due have not been paid. 11. UNIFORMSECVREDNOTE This Nole is a uniform instrument with limited \'ariations in somejurisdietlons, In addition to the protections given to tne Note Holder under Ihis Note, a Mortgage, Deed of Trust or Securily Deed (lhe "Security Instrument~J. dated the same date as lhis Note, protects Ihe Note Holder from possible losses which might result if I do not keel> the promises that I make in this Nole. Thai Security Instrument describes how and under what conditions I may be reqUired to make immediate paymenl in full of all amounts I owe under this Nole. Some of those conditions are described as follows: Transfer of the Properly or a BrDffidal Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, al its option, require immediate payment in full {If all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dale of this Security Instrumenl, Lender also shall not exercise this option if: (a) Borrower causes 10 be submitted to Lender informalion required by Lcnder to evaluate Ihe intended transferee as if a new loan were being made 10 the transferee: and (b) Lender reasonably delemlines that lender's security will nol be impaired by the loan assumption and that the risk of a breach of any covenant or agreemenl in this Security lnstrument is acceptable to Lender. To this extent permitted by, applicable law, Lender may charge a reasonable fee as a condition to lender's consent to the loan as.~umption_ lender may also require the transferee to sign an 8ggumption agreemeClf tliar i5 acceptable /0 Lender and thar obligates the transferee 10 keep a11 ihe promises and agreements made in the Note lmd in this S~curily Inslrum~nt unless Lender releases Borrower in writing. If Lender exercises. the oplion to require immediate payment in full, Lender shall give Borrower nOlice of <Jeteleration. The notice shall provide a period of not less than 30 days rrom the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. ]f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permilled by this Sceurit)' Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDEll.SIGNE~. J ;;, ,J d. ~uo.Lul.wL1 M"aef\JUCn ,. -Lll{ [n.t {l 0J (!;.:"I) H\'rr,'\\:~r (S~~ll Ul'rm\\~r (~ull llolrl'"U (Seal] B""O'\~I (S~al) n~nQ\\"r [Sign OriSilllll Ollly] _'Il'I.TJln,lTF. ,\IU1'$l',HII,E )1.,\".: riIHr.,I.lIlOlt ~ l'('lNTII tNI)!:." I,\S pnll.l~llI:p I:" 'rilE W,u,lSTIlU:T jOl~KJoI,\1,)-.~ingl.l'OIllilr-F.nni~ ~l.. \'n!forn, In''nl'''.nL :'iT3'Zll,\.IIS,\ II/K ZIl~1'/lI1 I LOAN ALL' ID:080l315490 )OUIlMj~ZIIIN"H 'I~'~(.J "/J 1"."".'1 - L........ 'r ACCOU~'T #:0801315490 ADDENDUM TO FNMA NOTE Ihis ADDENDUM TO NOTE is made-tbis 20th day of NOVEMBER. 1998 . and is incorporated imo Ilnd amends and supplements the Note. Adjustable Rale Note or 3alloon Note oflhe same date._and any extel"lsiQns and renewals of thai Note, given by the undersigned ("Borrower") \0 ALliance Funding CC7Illpany, Division of Superior Sank FSB ("lcndcr"){"NoIC"). In addition to' jhe agreements made ill IlJC Note, DOTfower and L~Dller further agree as follows; I. Balloon rayment wan 0 If the box above has been checked, the following provisions are added to the Note: A. "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINctPAL BALANCE OF mE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGA TIONTQ REFINANCE THE LOAN AT THAT TIMF_ YOU WlLL, THEREFORE, BE RF:QVJRlID TO 'MAKE PAYMENT OUT OF DTHER ASSETS THA'r YOU MAY OWN, OR YOU WILL HAVE TO FIND A t..ENDElt, WHICH MAY BE THE I.ENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HA yt TO rAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSQCIATEDWITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM TJ{E'. SAME LENDER." B. The "Payments" section oflhe Note is amended by deleting !lIe first senlellce and replacing it wldl the following hm&ulIge: "I will pay principal and Illterest by making pllymenls every monlh. Each of my regular monthly payments, except for the final payment, will be in the amount of u.s. $ N/A Assuming all seheduled pllymenls of principal and interest arc made on Ineir due dale::', the final payment will be U.S, $ N/A " 2, The section uflhe Note entitled, "Borrower's Promise to Pay," is amended by adding th~ following language after tire firsl sentence: ~Any amOUnts owe<! under the Security Instromen! tha! is c.'\"C'CtlleD in conjumaion with Ihls Note are and shall be part of the debt obligulion under this Note," 3. If the Note Is all adjustable rale Nole, the section of the Note entitled, "lnlerest," is amend~d by adding the following language lil the end of the secOI'Id sentem::e: "which, excepl for odd days' interest, if any, will be applied to a 360 day year consisting of 12 11l0nU1S with 30 clays eaeh. Interesl will he charged ""tilthe principal has been paid in fulL" 4, If the Note is an adjustable rate Note: a) the section of1he Note entitled, "Payments" (A) "Time and P1aee of Payments," is amended by deleting lhe ,~entcnte which reads. "My momlJly paYlIlenls will be applied to interest before principal." and replacing it with the following language: "Each of my regular monthly payments will be applied first to amount:> due for any csero\\s fur laXCli ,1I1d insurance under the Security Instrument. then 10 accrued and unpaid interest as if the pllymenl is mllde on its due date, regardless of when the payment is actually received and the remainder. if any. ICl Ihe unpaid principal balance, Any late charges. collection costs and expenses. dishonored ch~ck ch;uges. prepayment charges and payrnenls mad~ by the Note Holder to enforce this 1'\ote and/or to protect the Note Holder's interests under the Security fllsirumel\1 will be llssessed separately, This does no! take into account any payments for optional mortgllge products thaI arc charged 10 my account.M and b) the seclion of the Note entitled, "Interes! Rate and Monlbl)' PlI)'IDenf Changes" (D) "Limits un lnterest Rate Changes," is amended by adding lhe following language, "My interest rale will nC'fer be less than 8.375 %." 5, [rthe Note is a fixcd rate Note, the sec.tion of tile Note entitled, "Time IUld Place of Payments" or alternately "P1lymenls," is amerlded by deletirlg (if applicable) the sentence which reads. "My monthly payments will be applied 10 interest before principal." and hy adding. the following language before the sentence which contains the maturity dale: "coch of my regular monlhly payments w)ll be applied tirs! 10 amounlS du~ for en}' cscrOW$ for !a....cs and insurance under the Security lnstrumenl, then 10 accrued and unpaid interest to Ihe dale of payment and the remainder. if any, 10 the unpaid princlpal balance. Any late charges,cullectlon l;OSts and expenses, dishonored check charges, prepayment charges and paymenlS made by thl;: Note Holder to enforce this Note and/or to pratect the Note Holder's interests l.mder the Security Instrument will be assessed separately, This does not take into account any payments for optional mortgAge products Ihat are charged 10 my account." Mes MIJt:nJiT^'n; ^UllENIlIJM TU lSTI)Nll I'NMA/I'W.M('/oItrl1;(5!1,"I/I1 Slln:RIOIl I'MiE1Uf) !\NTIllM.\!SM '" -~.J<_-' ,,'\ ~"'- ;; , I~,~ 6, A. The seclion of Ihe No(e enlilled, "Borrower's Right to preJ>>lY" or allernatcly nDorrower's Payments Before riley Are Due," is amended by: a) adding to the end of the first sentence Ihe following language, ~, but Ihe No!e Holdermay apply ony tendered payments first to any am<Junls thell due and owin~ under this Nole or under the Security lnslrument."; b) deleling Ihe sentence which sillIes. nThe Note Holder will use all of my prepayments to reduce the amount of principallhat 1 owe under this Nole. -; and c) adding after Ihe final sentence the following language. "EXcept as provided in the "Loan Charg.es" section (if any). Ihe Note Holder eams any prepaid finance charge at lhe time the loan is made and no part of il will be refunded if I pay in full ahead of schedule." B. If II prcpaymenl charge is col'llracled in connection with this loan, the section of Ihe NOle el1lilled, "Loan Charges" (if any) is amended by adding 10 lhe end of tile final senlence the follQwing language. "without any prepayment charge." 7, In Ihe Slate of Arizona, a provision is added to Ihe Nole as follows: "Contracted ror Rate of Interest I agree to pay an effective contmcted for rate of interest equal 10 the interest rate as provided in this Note and the additional interest resulting from an)' Addilional Sums._ The Additional SIlms shall consiS1 of all fees, charges, goods, things in action Dr other SUIJlS Of things of value (other than interest as provided in this Note) paid or payable by me. whether pursuant to this Note, the Security Instrument securing Ihis Note or any olher document or instrument in an)' way perlaining to this loan, that lJlay be deemed to be interest fot Ihe purpose of any lalV of the State of Arizona Ihat may limit the maximum amount of in Ie rest to be charged with respect to this loan. The Additional Sums shan be deemed to be additiona.l interest for the purposes of any such law only." 3. The section of the Note entitled, "Late Charge for Overdue Payments," is amended by replacing the word "overdue~ in the second sentence with the word ftscheduled,ft Iflhe Note is a fixed tale Nole. after the final sentence add the following language, ftAny lar~ cbarge will be in additIon fa intere~1 on the then ol.ltsfanding principal Cor eaeh day the payment is laIc. M 9. The sections of the Note entitled, "Norice of Default" and "Uniform Note," arc amended by changing the notice of defaull or llcceleratiQtl to be III least 60 days if lhe loan is secured by a secondary lien on real property in the Slate of Connecticut and at least 35 days if the loan is secured by a lien on real property in lhe Stale of Oklahoma, 10. If this is an adjustable rate Note. then the subparagraph emitkd, "Trllnsfcr of thi.! Property or II Beneficialln(ere~t in Borrower," is ilmended by deleting the provisions rdating 10 assumption of the loan, 11. The section of the Nole enlitled, "Payment or Note Holder's Costs and F.X]lenSCS," is deleted in its entirely and is replaced by the following language: "If I default, whelher or not the Note Holdu hilS required me to pay immedialely in full as dCSCIibed above, the Note Holder will have lhe right 10 be paid hack by me for all of its costs and expenses in enforcing Il1is Note to Ihe extent not prohibited by appJi'::llble law. Those expc-nses include, for example. reason.llbJe attorneys' fees. collection cosls and espenses, seT\<icing fees. and dishonored check charges to Ihe fullesl extent not prohibited by, applicable Jaw," 12. The section of the Nole en/illed, "ObligationslRespoRsibilltr of Persons UDder This Note," is amended by addIng the following language 10 the end of tht first sentence: Mplus the charges as described in the sections entitled, "Lnte Charges for Overdue Paymenl&" and "PlSyml'n1 of Nola HoMer's Costs and Expenses," and to pa)" allY olher charges required in order 10 closelhe loan," 13. In lhe State of Virginia, the first sentence in !be section of the Note (Form 3200, 3260 or 3520) entitled, "Wllivers." is. deleted and amended 10 read as lollo\\'s: M I and any other person who has obligations under this Kote waive the rights of prescntlllclltlllld nollee of dishonor and waive the homestead eltemption. ~ 14. A provisioll is added to the NOle liS follows: "ADDITlONALSERVICJNG FEES: In addition 10 chlirges.spediicd elsl:wlu:re ill this Nole, in lhe Security Instrument given to secure this Nole, or in llny DIller agreement in connection with Ihis Note, I agree 10 pay, to the fullest e:>:.lent not prohibited by applicable law, the following if thnrged in connection with this loan: any fees imposed by the Lender's discharge or satisfaction of lienls) LOAN iOD:080131S490 AMeT MIll.l1S"Tlll"E IIlmENllllM 1"0 IHI2Nll ftlMM'IlIMC !'lon:. CS/KIIlS1 SIl1'I:RlOl1 I'M;E~IlF: ^,Nl'OOUII,lISM .~ ~' I'~ ' ~~ 1_: J.~, ~-ol~~1 .'f_ t" (wfrelfrc"r upon pllj'ment in ful/1 acceleration or malt/rlfY); payoff quotes/charges; delivery charges; in5pectionf\:esal1dlor payment history charges:' 15. A provision is added 10 lhe Note as (ollows; A. "APPl..ICABLE LAW, This Note shall be governed by federal law and, to the extent not inconsislent with or more restrreliVe than federal law or regulalion govern Ins the Lender, Ihe laws af lite jurisdiction ill which Ihe prnperly defined in the Security lnstrumenl as the "Properly" Is located. In the event of a connict between any provision of this Note and any such law or regulation in cffeel as of lite dale of this Note, sucll law or regulation shall cOll/ral 10 the extent of such c<mnie! lind lite conflicting provision contained in this Note shall be without effecl. All other provislons of this Note will remain fully effective and enforceable." B, In the State of Minnesota, a provision is added 10 the Note as follows: "The imcrest ra!eon a second 1l'l000gage loan is governed by Minnesota Statutes Seelion 47.20, 47.21 and 1'2. C.F, R. Section 560.110(b)." 16. If the bQx below has been checked, ,he section of rhl: Note entitled, "Borrower'", Right Iv Prepay" or alternately "Borrower,'s Payments BefC)r~ They Are Due," is deJo;:ied in its enlirety and replaced wilh the fol1owing lang\llIge: o "BORROWER'SRIGHTTOPREPAY; PREPAYMENTCHA.RGE, I havelhe right 10 make payments of principal al any time before they are due, but the Noie Holder may apply any tendered payments first to any arnoul1\s \hen due and 0>\ in; under this Note or under the SecurilY Instrument and then to principal not yet dUe. A payment of principal only is known as a "prcpaymel'll." ^ prepaymelltofal/ofrhc unpaid principal is kno~\n as It "full prepayment." A prepaymel11 of on I)' pl'lrt of the unpaid principal is known as a "partial prepa}'met1t,~ If I make a partial prepayment and this Note is a nx=d rate Nole, Ihere will be no changes inlhe due dates or amounts of my monthly payments unless the Note l'lolder agrees in wrjtina to tllose changes. If 1 make a partial prepayment and this Note is al) adjustable rl'l1e Note. there will be no changes ill the due dales or amomlls of my subsequenl sched\.lled mOl1lhJy paymel1ls until the firs1 paymem due after the first Change Date following my partial prepayment unless the Note Holder a&'tees in writing tQ those changes. If this Note is an adjustable rate Note, my paniaf prepayment Ill;'ly reduce the amount of my monthly payments after the first Change Date following my partial prepayment, but any such reduction may be offset by an interest rate increase. If the aggregale amount of principal prepaid in any twelve (12) mOnlh period exceeds twenty percent (20%) oflhe original prim:ipal amount ofthis Note during the first three (3) 'years commencing from the date of this Note. then as cOllsideratiOll for the acceptanceof such prepayment, and in addition to any other sum payable hereunder, I agree ICI pay to the Note Holder a prepayment charge equal to five pe-f"Cj:nl (5%) cfthe total amoum prepaid, I will pay this prepayment charge whether prepayment is voluntary or the resull of acceleration due to my default under ihis Note or the Security Instrument. Except as provided In the section entitled, "Lolln Charges," the Note Holder cams any prepaid /inanee chllrge al the time tile loan is made and IiO part of it wilt be refunded if I pay in full ahead of s~hcdule." 17. If the Note is assigned or transferred, all or it porlioll Oflhis Addendum to NOle may be voided at ilK' optll)n of the assig,nee or transferee. Any terms and provisions of the Addendum to Note which are voided will be governed by Ih~ originulterms and provisions of the Note. BY SIGNING BEL-OW, Borrower accepts ~nd agrees to the terms and pl"Ovi~l(ms I;onlained in this Arldendum to NOlc. ~4- / SAVERIO R L ~ f~'(s<:n\) / B\lTro"1:l" (Seal) lInml\\'er (Seal} Umr(lwer l~oll (101"'\\'"' (S~al\ fl~rrtlwcr IS~"I) IJ"ffit"<:'r M\JI."lISTAll:. /lll[)l:tilllUM 1'0 Ismi'll> N-1M.t\,c'I'I>>.M(' NP"i1i 1.\iJi9S) SUI'I;RIUIl ]'.~LiI, l UI' 3 LOAN lDD:0601315490 AMe" ....t<lUlOA,IIl>M --- ,. ,I .~ ",_L" " '.' . 0 ~o""t\., \\'O~,\\II'O~II!\\. ,I' "1\lI'OO'0 ^i1\1'OOIl .;h'r J L j C~" CIl~1~ra 1/ ". tJ "" ;J f LL <"."~it,\\. \IIC, l' c',J- "0 ,"..~ ,. S'lOIl'OIJ.\' C\lrol<1I ACCOUNT II: 080Dl~490 ADJUSTABLE !lATE NOTE (LIUOIt. 6 Mllnlll ludex <As Puhllshed in The Wnli Slreef .Journal)?It.lll~ (.'o(ls) THJS NOTE CONTAINS PIWVISIONS ALLOWING FOR CHANGF..5 IN MY INTEREST RATE AND MY MONTHLY PAVMENT. THIS NOTE LIMITS THE AMOUNT MY ,NTERJi:ST nATE CAN CHANGE AT ANY ONE TIME, ANI) THE MAXIMUM RA1'1': I MUST PAY. NOV~MB~R 20, 1998 [11"'"1 Jh.lfli.ml1JlJfown_ PA leil)'1 l.~l:'l~l 510 SOUTH MARKET STREET, I1ECIl/l,NICSBURG, PA 17055 ll'u'l'crly ^cld~~~l t. UOlt.ROWER'S I'I(()MISF. TO rAY In retUnl for a lonllthall hav\l tt~ceivcd, 1 promis.e III pay U.S. $ 171,000.00 (this 1l1ll0\Int is. called "princip;)~"), plus in(crc..~l. It) lhe Ol'Jllr or Ill!.! l.ender. The Lender is Alliance Funding COlllpallY, Utvis!..(lo\\ 'Of S\l?oed'01: ~at'l'k FSll. ! understand lllatthe Lender may lnlllsrer this Nole. The L.ender or !lllyone who tokes this Nole by 'rtlll~rer and who is entilled lo receive rmymcllts under 1l1is Note is calletlthe "Nole lIotder." Z, lNTEUES"f !11teresl will be cllllrge<l Oil unpaid prim.:ip"l until the full mnOUlll ofprincirltll has bl:l:n p/lid, I will pay interest nt "year\y mteof 9.375 ,%, The inleresl rule I will pllY maychllllge-in neeorolllltllwi\hSetliM4 or this Note, The ;nleresl rille requlrod by Ihis SeeHml 2 /lIltJ Seelion 4 uf this Nule is the mle I will paJ' bolh before and tiller ::Iny defa...U dt:5crfbed ill Seetinll 7\!1} of this Nole. 3. I'A VMF.NTS (A) Time ll11d Plllce of l'Il;}'IlIClIIS I will p;\y pl'inei~l and interest by 11lllklng payments I!very month. I will make lilY monlhly pnYl\Icnl!l 011 the l~t day of ellch month beginning 011 J/t'NUAR\' 01 1999 . I will mllkc Ihese payments every mol1lh IIlUi11 have paid all tlf Ihe principII! IInd inleresllll1d llllY other charg.es de.~crihed below 111m 1 may owe under this Note. My monthly payments will he applied \0 inlerest be fore pdnciplll.lr.on DECEMBl\R 01, 2028 .1 still owe IllllQtmls ulldcrlhis NOle,l will pay Ih(lsemnoullt.~ ill fuB 0/1 11mt dille, which is called the ~MllturilY Dale," 1 will make my In(lIllhl)' payments al 1 J S CHESTNUT RIDGE ROAD 110N"rV^L~ rU 07645 or at II difrercn1 place if required by Ihe Note Holdcr. {B} Amount of My hlltllll MOlJtldy 1'lIYlllcnb l Each (Jrll1Y initial monthly paymenlswiU hI! ill the attlmmt of U.S. $ 1,(~22, 29 This amount lllilyclmnge, (C) MOlllhly "aYllIcnl Changes Changes in Illy monthly paymenl will renccl cllllllge... in Ihe unpaid principal ofl1lY loallllnd in lhe inlel-esl rale lhall lllUsl PllY, TIle NQle Ilolder wlll dLllcnnine my llC-W illlcrest rille "lid {he chnnged nmounl of my monthly payme\1{ in l1ce-ordllllee with Section 4 of lllifi Nole, 4. INTEREST RATE AND MONTHLY I'A YMENT CnANGES (A)Chan&cDates The interesl rate I wi![ pay may dmnge UIl Ihc lirsl-uay of DECEMBER, 2000 . :J11d on that di\y every 6 1II0nlh Ihercllfier. Elich date on whit'h till' inleresl rale clluld change L'i called 11 "Chllllge Dale." (U) The Indel( Begln/Jing wilh the !irst Challge OllIe. my interest rille will be bllsed Olll1!l In<\e;oc, "l'he "Index" Is lhl:' average ol'inlerlmnkorrered rales ror 6 Illtlnlh u.s, dollnr-dellomhmleddeposils in the London market ("I.lBOR").lIs published in 711(' WaJl Slrec! J()//l"llal. The most rccenl Index figore available as of Ihe nrsl business day of lilt month immediately preceding the mOlllh in which the Challge Da.1e occurs is called the "CuTrenl index." Ir ihe Index is no longer llva.iJnble, 11le Note Holder will choose II new index thlll is b3sed UpOIl comparable inrol"llIatioll.l11e Note Iluldef" will give !lIe noliee of this choice. (C) Calculation or Changes Berme each Change Dale, the Noh~ lloldc.- wil! calculale my new inlcl"C5t fate by adding. SIX AND 25/100 Il<:tcenlagepoinl(s)( 6.250 %)lulheCllrrenlllldex. 'nleNQ\c llolder will Ihen round Ihe rcsu1! or Ihis uddiHon 10 lhe nearest olle.eighth of OTle pereenlllge poinl (0.125%). Subjeel lo Ihe limils staled in Seetion4(D) below,this rounded amount will be illY new inlerest tllle \llllil the next Change Dllte, TIle Nole l~older willlhen delermine llle nUlOUl1l orlhe monthly pll)'l1Ienllhill would be sufl'icienl to repay the unpaid principal IhalI 11111 eKpeclc\IIO UWI;! illlhc Change Date in full on lhc Mnturity l);)lc at my new Illlel'cst rate in substantially equal payments. 'n,e result of this calculation will be the new a.nmunl or Ill)' 1l10nl111). payment. Mlll.l'IS'I',\H:AIlJIIS'J',\U\.F.lI.Hf, Nun.AJIlOK 6 MtlNrlll"'IIF,X lMII'I'bI.lSIlt:ll IN Till; W^"I.l-.Jlf.l:'I' .IOIlIlNA1J'S;,oVc l'""';Q'.I',,,ftl~ M_. {I"lr",.,.. 1~~I"'",'"1 N'Il~roA.\lJ;" !lllt VI81911) ALKZ 1'{lRM ]~!O fiI')~ fJ"'1!<',>!J'''lJII'rJ ',-> ,-,", ";'1 . " ., .",,1,;.__ (D) Lillllt$ lln Interest Hate CIt:mgllS Thl: lnler~st rale I am r[lquired to pay al the first Change Date will nol be greater than 11, 375 % or less Umn S.375 %, Therealler, illY Jnlere.~l ra[e willucver be increased or decreased 011 allY single Change Date hy IllUre than ONE AND NO/IOO percent<lge ]loinl(s) ( 1.000 %) rromllle raIl: of interestl have beell paying for lhe preceding 6 months, My interest rote wiU never be grealer than 15,375 %, (E) Effecllve J)nt~. of ChangCll My new illlcrcsl ra!t! will become c1Tcclive on each Change Dille, 1 will pay Ihe amonnt of lilY llew monthly pllymcnt beginning on the firsl monthly p;\ymcnt date llller the Change Dllle \l1llil the nmounl of my rnonthly ~ayment chungesllgain. (11') Nolice of Changes The Note Iloldcr will deliver or 11111i! 10 lIle (Il1oliee orliuyclmfll!cS ill my Illleresl raleand Ihe 3mOlllll ofm}' monthly payment before the effective 4ate ~)f any change. "l11e noliee will include inrotnlBlioll required hy Inw to be given me lmd also Ihe lelephone number of fI per5\lll whu will tlllswer an)' question I 111l1Y have rcg8nling the notice. 5. non.ROWIW.'SlUGIITTQ J'REI'AY 11l8V[l the right to make rllYllll':llIs of pl'lndpllt ill any liml'l bcrorc tiley are due, ^ pa)'lnell\ ur principal (lnl)' is knowlllls;I "prepaymenl," Wllell I make a prepaymelll, , willlelJ the Nole Ilolder in wriling lhalI Il1ll doing. !l0. I nUly muke. a fun prepayment Of partial prepayments wilhoul paYing any prepaymenl charge. The Nol.: I'older will use all or my prepayments to reduce Ihe al1llltllll of prim:Ipalthat I owe ullder this Note. If I make a partial prepayment, U,ere will be no dlllllgCS in Illc due dales of m)' monthly payments unless the Note Holder agreeS in writing 10 those ehlmges. My parllnl prepllymetll may reduce thc Alllount of my lllonlhly p"yments aner tlie fil'sl Change Dille following Illy parlilll prepaymellt, However, nny reduction due 10 illY plU1.hll prepayment llIay be offset hy an ;111~rest rale increase. 6, LOAN CHARGES If 1I law, which applies IQ lhilllmm and which sels Illa.~imurll: Io.'ln charg.es, is finally inlerpreted so Ihatlllc Interesl 01' ollie]' toan ~lltlrgescolrec(edQr 10 be ~olle\:led in cmmet:(;on wilh this loan exceed the pcrl1lined Ibnils, then: (i) .lIly Slldl 101111 charge shall be reduced by Ihe IlI1\QUllIlleeessary to reduce Ihe charge \0 the penllilted limit; and (ii) any sums nlrcady collecled from me I1ml txcecrll!'d per11lined limits will be refunded to Ine. The Note Ilolder may dwose 10 mako: tltis refund by reducing Ihe principal I ow'c under Ihis Nole or by milking a db-eel paymenllo lIle, If a refund reduces princiraL the reduction wiH be treated liS II partinl prepn}'lI1enl. 7. BOIUt.QWER'SFAILUUETO "AY ASH.BQUlRlU> (A) Lale Charges (ot O"erlllle l'llYltlellts lf \he Note 110lder hilS lIol received 111[l fun 1I111011nl of !lny monlhly raymenl by the end or 1s calendar days liner Ihe dale il is due. 1 will PI'Y a lllj~ ~linrgt'_ 10 lhe Note !lolder, The (InlO\lIlt of the charge w!1l be .5.000 % of my overdue rmYllleJ1l of llrincirmlllnd inleresl. lwill pny Ihis IntI.' charge prnmplly Iml ollly once 011 eaeh laIc paymcnt (8) ()efl\ult If I do \l01 pay [he ftlil amount or c11ch llIunlhly payment \In \lIe dale il is due, I will he in default. (C) Notlce Df nerDult If I lUll in dcfnuh, Ihe N(ll!~ Ilolder milY ~C"nd lIle II wrillen nollce lelling ml!: thaI if I do 1101 pny lhe avert/ue amount by 11 cerlninrlllle, the No[e Holder may requh~ me [0 pay immediately the full amount of principal that has I\Ot been paid and all the Interest lhat I owe on Ihalammml. Thai dale must be ntlenst30 days a(ler the date 011 which the notice is delivered or mailed to me. (D) No WaJver By Note lIolder Even if, Ilt a lime wllell I 11m ill defal1lt, Ihc N.ole Holder doe!l nOI require me to pay illllllcdimely in full ns described nbove. the Nole I-Iolder will still have the right to do so if I 11111 in default at a laler time. (E) rayrnelll of Note Holder's C(lsls mill EXI)t"DJll'S If the Nole llolder hQS l"e(IUil"l~d me to pay immediately in fllll as described above, the Note' lolder will ""ve the right 10 be paid back by mc for all of ils COSIS oud expenses in enforcing Ulis Note to the exlenl nut prohibited by otJplic;lble law. Those expenses include, for eXillllple. rC!1sonahlenllomeys' fees. 8. GIVING OF NOTICES Unless applicable law rC{luires a dirferent mClhod, allY nOlice IhatllTusl he given to JIlC' IInder this Nole will he g.iven by delivering it or by Ilulilillg it by firSI class mall to me al the Properly Addre!ls above {)r at a different llddress if I give lhe Note I Jolder II noli~.e of my different address. Unless the No{e llolder requires it dirrerent mellmd, any noliee Ihal must he given 10 lire Nule I loMer under this Note will he given by mailing II by first chl'!;s nmilto Ihe Note Ilolder !II the address Slated in Seclion 3(A) nbove or nl!l different !lddrel'<S if 1 run glv[llla nOlice of that different address. 9. OBLlGATIONSOF PERSONS IJNIJF;1l. THIS NOTE I f more thall one pers.oll signs Ihls Note. each person is fully and personally obligl\ted to keep all or the promises ma.de in Ihls Note, includillg the pWllllse 10 ray Ihe ftll1lllllounl owed. AllY per.~oll who is it guaranlor, surely or endorser of this Note is also obligated (0 do these lilings, Any person \Vho lakes over Ihese obligatiotls, including the obligalions ora guaran1or, surety or endorser of this Nolc, is also oblignled to keep all of the promises made inlhls Noh:l. The Note Holder may enforce Its rig.hts \lllder litis N.ole against eal;:p person individu,11ly or llgainsl aU of \IS I\)gclhcr. This mellllS tha1 nny one of u~ limy he required to pay nil of Ihe fllllounts owed under [his Nelle. ~l\II;n~1'"n: AllJIISl'APl.t: ll,\n: NIH1H,IIlflllfo ~IOlHIlIl'l\\}:X l"~ r\lll\.lSm:lIIN TilE Wr.l.l.s-rny.EI' JI)lltINA1.l-Si"~I. F~l\lil~.f"MI. M~~ t'"ift"",ln.I'"""'"1 N1'.l511\.\.lISA ]I/1lVlll."J81 LO.N 10,O'Rhlj,54'i)/ ALIA ;~:~ 1.J ;~,,,,,,..~ ." -y ~ "~~~ , I, < ~ -, I. ' ',"'" ",1,,-.__ : ~ 10. WAIVEI~S I and any other persoll wll(l IlIls obligations under this NOle wah'e Ihe righl.<; of Ilfl'senlmcnl Bntll1Otil;-e of dishonor, "PreSellll1lc;mI" meaus the right to rcq\lirc lhe Nt)tc IlolJcr (0 dl<'l1lll11d payment Oralllollllls due. "Nolice of dishonor" menns the rig.hl 10 fellllire the Nole !llllder to give notice It! Qlhcl' pCrMl1\S thaI anltluntr. due have Iwll.l';~en paid. II. UNlrrORM SECUREO NOTI~ This Note Is a l111iform Instrument with limited variatiolls in somcjurisdictiollS, [10 adtlilion Itl \he protections given to the Noh: llolclcr under this Nolt', a Mortgage, Deed of Trust or ~ectlrily Deed (tlie "Set'mily Instrument"). dilled lhe sallle dale as Ih;s Nnle, prOlc~~l.~ !lIe Note Holder from rl)s.,iblc JO.'ises whkh might rcs\11l jf I do /lot keep lhe promises lhat I make in this NtlIe, Thllt Sllll\ll'ity Inslrument describes how and under wlln! tOl1ditiun~ I may he required 10 make immediate p>>YlIlcnl in full uf alllUllOUI1I!l I owe under Ihi,~ Note. Some or lllosc cllndiliollS ate dC!lcribed liS rono~: Transfer or tile l>rol1l'rty Ill" II 1J~l.lefielallll(el"Csl III lIarrower, If nil or MY rurl (If the Properly or uny interest in i1 i:; suhJ t\r lnmsfclTed (or if 11 b\:uelichilll\lcres! in Bllrnlwl'r h s\\IJ or \Tal"t3fcrrClhma BUfrt)wcr is 1<01 \llll11uml pennn) wilhmll Lemler's prior wrll\t1ll:0nSClll, l.enlk'r may. at its oplion, require immediate pnymcllt in filII of all slims stlcurcd hy (his SCl.;urily hlslrtllllen1. However, Ihis option shull 11Ill be e~erci:>cd hy l.elllJl'r if CJ\wcisc is pmhihitetl by fedcmllaw !l.'; Qr lhc dale or lhis Securily In~lrUlncl1l. I,ender u[.';o shall lIut excl cisc this \'pllon if: (<I) BorrOlVer c,l\I!';cs 10 be submiltcd 10 Lender infclI'l1llltiot\ feql1ir'..,,-1 by I.cnder 10 C\ltll\k'\lc Uw. lnlc\\de<l \mllsl"o;:rc.e UK if a new [01111 were blling lllill.k 10 Ihe lnmsfcree; and (hI r ,emlcr rcasnnahl)' delcI'1ll1ncs dml I.ender's; $ccurily will no! be illlpaired by lhe 10<ln USSlllllpllon <111\1 thlllthc risk (If 1111fl:ach lIf nil)' Covcl1;lnlllt ligtcc1l1cnl in 1his Sccllrily [ns!rUmcIlI is <lec.cfl(nhlclo l.endcT. To lhis e:<lenl PCflllil1cd by npplknbleJl1w, I,emkr m:l)' chnrgc n rtll!'>ol1.'1blc rL'C ;J.~ n coluli!illli 10 I.ender's consenl to the [onn aS~Ulllptil.'n. /.cm[er may nl~o rcquire the trnllsferel' to sign rtn !1s~lImplion agrcemcnl IIlill is tlcccJll'lble 10 Lemlcr 1\lId IIml 1.lb1igalcs (he tnmsfcrcc lu keep nil the rrorllisc5 ana agl'ecm~f1ls llmde in the Note l!lld ill'lhis Sccurily Inslrument urllcs~ l.clldcr rcICMC~ Borrower in writing. . If Lel)der e:tctc\5Cl'i \hc op\lon 10 re'ltlire immediate Imymcnl '11l \1.1\1, Lender 51mll gIve Borrower nolice of accc!crnlioll. The nolieI.': shill! provide n pel'iud of nul less thal\ 3U days from lhe dale IlIe notic!: is delivered or /lluiled within which nO(((lwcr milS! ray fill SUII1!: securcd by Ihls Secl1rily [l\slt'umenl. If Borrower tntls tu ray Ih~sc sum\; prim 10 thc cxpiWliQll orlhis pcriud, Lem.ler Jllay invoke ;Illy remedies f'crmhtcd hy lhis Security 11lsll'1Ill\C\11 wilhal11 furlhcr notice or demand 011 l3orruwer. WITNESS TIlE Il^ND(S) AND SEAl.(:';) OF III1:tJNIJIl"I(;Nl:f~HI(( t ~ W J Jl t (( (I/(ru C I) .L( (( em \J 1.1) ~~~Il 1I,"n"'~r U""",,"cr 1.~~III) 1l"1l"\\'~1 {S~"11 III'fro',cr IS~;,l} Ilnrr"""r l!oi~l) Ilcrr<f"~r ISil!.nOrig.innlOnlYl MI'I:n.~Mn;">>JUUMII,l; R'\1'j~ Nl.H'f!.I,lDOM 6 Mt'NllIlNlmx(.\.s l't'MUSlln/I!I.' 'HI.. WAl.I.smf.f.'r JQ(IRNAI,J.5i"sfl: 1'o"!il)'.I'.",,i. ~I". li"ifn... 1",',,,..."1 NTJ$WA.IISAII1R2f1R/'JRj LOAN T 0 o~cg,Mh~,~ ~~ ^I.J.B 1I"'lI"J.ojJJ"'ll"J ..', L" " 'IT~' ()o;""IJ "" , 1-. .. ACCOUNT # :080131.5lI90 ADDENDUM TO FNMA NO'fl~ This ADDENDUM TO NOTR is lI1ilde this 20t.h day or NDVF.MBER. 1998 . lIt1d is illoorpmated inlo ilnd amend~ lllld s\lpplcments Ihe Note. ^~jlls!ilble Rale Note or Balloon Nule or Ihe same'dale, i!.nrl ally extensions and renewuls of Ihlll Nole, given by !hc unul.:rsigllcd ("Borro\\'er~J 10 Alliance Funding Company, Divisl.on of Supet:lor Bank r5B ("Lender~)(<<Nole~). III addition to the agreemen1s nUlde ill the Nnle, I)mn,lwer ,U1U j,cndcr furlher llgree liS flll\nws: I. 11.111uoII Payment Loan l"l I r Ih\: box above ha~ bccll checked, the lilllnwillg provisions arc addcd to the Note: ^. "Tins LOAN IS I~AYABLF.IN FULLAT MATVIUTY. YOU MUST Rtl.AV HIE ENTmE PRINCIPAL BALANCE OF TilE J.OAN AN)) UNI'AJD INTEREST THEN DUE. TItE LENDER IS' I1NDERNO OIILIGATION TO It:EFINANCETJ-I1i: LOAN ATTiIATTIME. YOU WILL, THEllEFOltF., HE REQUJREU TO MAKE PAYMENT OUT OF OTHEn ASSETS THAT VOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENnER YOU nAVE TillS LUAN WJTH, WILLING TO LEND VOU TIlE MONEY. IF YOU RF.FINANCETHlS UMN AT MATURITY, YOU MAY HAVE TO )'AY SOME OR ALL O~ Tlt.E Cl.QS{N(~ COS1'3 NORM1\LLY t\SSQCtATED wlTn A NEW LOAN EVEN IF YOU OllTAIN REFINANCING FlmM TIIF. SAME LENDElt" 13, The "l'aprlcllls" section vr lhc Nolc i~ 11IlH:mdcll by delcting llle l1r:>t senlentc 11m.! rcpllldng iJ wilh lhe ro\lt1W\I1~ language: "I will pay prindpal liIul hllcresl by Illuking pnymenls evcry monlh. Eat'h of my regu]:Jr monthly paymenls, ellcept for lhe flnul pilymenl, will he in the ;\111011111 of U.S,.$ N/A, A.~slll1ling all scheduled pllymelll.<; {Jf prilleillalllnrl intCrtlll lire lIlade on thelr due dlltes, the linal pnymenl will be U.S, $ N/^ ." 2. The section of lhe Nole e11\ilkd, "lluI1.ower'!I Promise lu Pay," is amended by auding.the following hmgllllge nner the first selllelll:c: "^IIY tllllOllnls Qwed under dIe Security Ins[rttliJcnlllml is exectlled ill conjunctIon wilh this Nate 'Ife IInd <;ho.ll be 110rl of lhe debl obligalioll under lhi,s Note." J. If the Nole is an adjustahle mle NlIlc. lhe lleclil111 or thl/: Noll/: enlitled, "Interesl," is amended by adding the following langll~ge at !he elld of lhe second senlence: "which, except fIX odd dll)'s' illferest, irany, will be applied tll a J60 dny year consisting of 1.2 monlhs with 30 days elich, lmerest wi1l be charged lI111illhe prlllcll1allms heC'lI pllit! in full." 4, If lhe NOle is all mlju5labJe mIl.' N.Ole: a) Ihe seclion of the NOIe emilled, "Pll)'JlII:nls" (A) "Time Ilnd Pincl' of PlIYlllellls," is i\lUenuet! by deleling (he sentcnce which reads, "My 1I10nthly payments will be aJlJllied to hltcrest t1l:~fmc principlll." illld repladng it with the following languagc: ~ElIch of Ill)' regulllr 111(lt1thly rtl)'l11CIlIS will 11<.' Ilpplied llr5t lu ml10unls dm: for any e5crows f(l( lll~es IUld iuslfr.flllce under Ihe security in:'itrllll1enl.III~llto nccruedlll1U ulIpl\it.l intcrest as iflhc PllYI11l:11t is mmle QIl its due dale, reganllcss of whell 11lc ]laymenl is m:lunlly reech'cd and Ille remainuer, if /lny. 10 Ihe unpaid prindpal bllhll1cc, ^ny l:lte dlllrges. col!ccliul1 cosls ;md expenses, disll(1l1orcd dleek charges, prepa)'l11e.ll1 c11arges and fl:tYl1ll'I1IS made hy the Nole I ]older to enforce this NOlc illl(UOr 10 prolect lhe Nole Ilolder's interests lindeI' lh~' fi'el:.urily hl$lnllllent will be ilssesseu seflllrIllely. This d(le$ tloltakc inlo accoont any payments for oplional 1l111rlgngc products Ihatll.re charged 10 lilY aecount" llnd 11) lhe section of the NOle entitled, "lllhrl!st ltatl! :Iud Monthly I'a}'menl Changes" (Il) "Lilllil.~ 1111 lnleJ'('st R#tl.'. Cbllnge,~," is lllllcndcd hy adding Ibe following lang.uage, "My inleft'sl rale willllC'Ve( be less lhnn 8.375 %." 5. I f the Note is ;I fixed rille Nalc, the seelinll or lhe Note entitled, "Tillie and Plaee <If J'IIYflItDts" or allernately "Paymellls," i~ amended hy delelhlg (if applicable) lhe Stlllence which read~, "My 1110111111y pilYI\1ell[s \\If)I be Itppliecllo illlerest before principnl." alld by sdding Ihe following hmgullge hef{JfC' thesenhmeewhichctlllluilllilhcmat\lrllydate: "Each of my regulllt mOllthly paymenls will be applied flrstlQ a1\lOUllts due for allY eSl;f{lWS ft,r taxes alld inslll'tIJ}ce under lhc. Security 1l1s1rUlnetll, lhell 10 accrued lint! unpaid inlercst lD the dah~ of paynlel1lltn.tJ the l'Cmainder, if (IUY. 10 Ih(' unlmid principal balallce. Any late charges, collecth.m costs and expel\se~, dislml1f1l'l::t! check chllrgcs, prepaymcnl charges and payments madc hy 111e NOle Ilo]dol" 10 enforce lhis NOle alld/ur 10 protecl the Note lIolder's inleresls under lhc Secilrity lnslrument will l1e assessed separately. This does nollake into account any l1aYlllenls fur Oplillllllll1lOtlgag.e prodUC1S !lUll are chllrged to 111)' account" tIMes MllI.TI~'r^'n, ^llllHNlltIM'm ISTIlNl! HIMMI'llI.M(' NUll; (SlVlMI ll\lI'I,"1<llt I'Ma;lIW~ ANlllJ\IA.lISr.1 L~ J'- ~ll ,-I ".,.,.' (), ^, The scclion or lhe Nole elltilled, "]Jorrow('r's Righi tu rrep"'y" or alternalely "Dorrower'll Paymen(s Refore They Are Bile." is mm:nded b)': n) addillg 10 Ihe enQ of Ihe firsl sentence the following Inngungc, ". bUllhe Nole Iloldcr lllay i\pply an)' tenderell pnymcnts firsllo UIl)' mnounls then due and owing lIndcl'lhis Note or under IIle Security [nSlrtllllen(,N; b) delelil\B lhe senlence which sUl(es, "The Noll! IlaMer will \lse 1I11 ormy prcpllymentslo redut:e Ihe 11II10llnl ofprim:ipilllhnl I oIVe under lhis Nole.N; ~lIld c) mlJing liner lhe fillnl s('1\lencclhc following !angllngc, "E"cepl mqnovided jnlhe "Luau Chnrgcs" ~ce1inll (ir :lIIy).II1~ Nole. lloldcr C.1fl1S :II1Y prepnid fimmcc charge III Ihe lime the l.onn is mnde (lnd no pilr\ of it will he rer\u\ded if I pay in fullllhead of schedule," B, If l! prepaymenl clwge is conlracted ill conllCcliOrl wilh Ihis loan, Ihe seclion of Ihe Nole clllitltd, "Lulln Cltarge~" (if any) is !lIllcmlcrJ by adding 10 lhe cll\f of the linn! senlefU'C lhe following language. "wilholtl allY prcpll)'Ulenl charge," 7. In lhe Stnle of Ari7.\:Jlm, i1IJrtlvisiullls add<:d 10 Ihe Nole n.~ follows: "Colltrlleled for Ibfe of Intcl"<'st, I ngree tOlluy 1111 elTeetil'econtrnclcd for rUle of interesl equal 10 th~ ;n(eresl rate IlS provided In l\1i5 Nule Ilnd Ihe IlddiliOl\al inleresl Tes\llting fmlll nny Additiollal Sums. 111e Addillonnl Sums shall consist of all fees, charges, goods, lhing.~ in nelion or oilier SUII/S or Ihings of vahle (other lhnll i11leresl ns provided il\ lhis NOle) paid or pnynble by me. whether pUTs\lnnllo (his Nole, the Securily Instrumelllscc\lrillg this No(e or any otherdocurnenl or ill$lrlllllellt jn nny WilY perlaining llllhis lmlll. 11m! nlllY be de~lllC'd 10 be inlere.'ll for the purpose of illlY lnw of 1he Slale of Ari7_oml lhal Illay limit the ll111:\imulll amount of in Ie rest to be charged with respect (0 this loan. The Additional SIIll1S .~halJ Oc deemedl!) be additional inlerest for Ille purposes of all)' Sitch lalV unl)'.u S, The seclion or the Nole enlit[e.d. "l,;lte Charge fur (h'erduc ra)'ments," is amende\! b~' replacing lhe word "overdue" in Ihe ~ecolld scnlcllce willi lhe word "scheduled. ~ If IIlC Nole is 11 fixed rHle NOle, aner the final senlenee add lhe following tanguage, ~AI1)' [ale t:hargc will bc in ~tldilion 10 ill\ereSI on lhe thell OlllsllUlding princiPll1 ror each day lhe plll'lIlenl is 181e." 9. The seelions or Ille Note (,'llIiLIe!I. "Nlltice /If Default" Illld "UnJrurm Nate," arc nnlcndeu by changing the nolice or defaull t,r accelcration 10 he al lells! 60 dnys if I1IC loon is !'.eeured b)' a secondary lien on real pro/lCl1y in Ihe SI"lc OfCOllllCcticul and a! leasl35 dill's if the Imm is secured hy a liell on real pWperly in llffl $lilte of Okl::lholllU. Ill. If_this is an lldjuslubl~ l'Ale Note, 111l~1l the s\lhpafllgraph entilled. "Tnlllsfer of the Property or a Uellefidal Jtllel~t in narrower," is lIl11ended by deleting the ptllvisions relnling {n a~sulllplioll of the lonn. II. The section oflhe Ntlle entitled, "P:lymertl of ND!e nolder's Co.~ls Ilrtd E).p~nses," is deleled in its entirely and is replaced by lhe following languag.e: "If I dc!~lUlt, whelher or nolthe Note r!older has required me 10 pay immediately in futl liS deM:Tibed above, the Nnle Ilo\der will hlM~ lne righ!lO be raid bnck by me for all of its eosls and expenses in enfOl'clng Ihis Note In tho:: eXlent not prohibhed by applieahle lllw. 'n,ose c:tpenscs include, for exam[7le. reasonable allomeyoS' fees. coHee/ion eosls and expenses. serylcillg fees, rUlu dishonored check charges to Ihe rtl11e~t exlelllllul ]lrohibiled by applicable law." 12. The seclkm of the Nole cllli!led, "Obllg3t1on~/ll.e5pon~ibiHly or I'ersons Under This Nole," is amended by adding {he following langlHlge 1(1 lhe end of thc flts'-scntellce: "plus the charges as desctiaed in the scctio/l,~ enlitled, "ute Clmtgcs for Overdue Pa)'llIenls" and "Payment or NO!l! Holder's Costs lllld EXj1enSe5," and 10 ray any olher charge.>; required ill order 10 close the loan," 13, In lhe Stale of Virginin, lh~ lilSl senlence in Ihe section of lhe Note (form 3200. ]260 or ]520) cntilled. "W:d~'ers." is deleted and amended 10 read as fj)Jlows~ " 1 and any olher pe!'Sllll who lms oblignliolls ullder Ibis Nole \Vaive tile righls of" preselltmenl and notke of dishonor und wnive the hOlncsl!!lld exemption." I <I. A prtlvisioll is auded 10 the Nole as roll()w~: "A()IHTlONALSERVICING FEES: In m.ldilion 10 dmrgcsspccilierJ elsewhere in this Note, in the SecurilY Instrument given to secure Illis Nolc. or Ijl allY oIlier "greelllen( ill COlllleclion wilh this Nole. I agree 10 pay, to Ihe f\lllesl exten! nol prohibiled by npplic..hle law, Ihe following jf chllrged in ~onl1eelion with lhis (oan: all)' fees imi'osed hy the Lender'~ discharge Of ~o!isrllc1i(ln of lien(s) LOAN IDU:0801~15490 MeT MlJl.TIST^'n; MlI)ENIllIM m \SmNll fNM^,FIU.Mt"Nun;I51K/ll~! SU!'j;R/()J{ I'Mmllll'J AN'I(I;IM.I)S!>.I y"",i.; '" <'-,,"', ~},- I ,-), ',,-I- . (whether upon payment in full, acceJernli{lll or mauu-il)'); payoff qUl)lllslchllrgcs; delivery charges; inspection fees and/or pilymclll hisIO\'j' charge5,~ 15, ^ provision is added \0 the Note llS follows: A. "AJ'PLICABLELA W, This Nole shall be govemed by federnllaw and,tQ the exlelllnol inconsistenl with or more restriclive than federal law or regulation governing the Lender. the lnws of the jurj~diclion in which lhe properly defined in the Security lustrum!!nl as the "ProperlY" is loellled, in the f'vent of a conniel betwe{!lIl1ny provision of Ihis Nole aud allY such law or regulation in effect as of the date of this NOle, such law or regulation shall cOIl(rol to the eKlell! of such c(lnflict nrld the connh::lillg provision contained in this Nl1te Shllll be Wilhall! errect. All other provisions of this Notl!: will r<:l1mill fully effeclive 1ll1d cn(orcclIhlc." 13. In the Stale Dr Mi1mcsola. n rl"Ovisioll is added 10 1I1e Nuh: as follows: "The interesl ra(eon 1I second morlgage lmm is governed by Minnesota Stalules SCl:lion47.20. 47,21 !lIlU 12 C.F. R. SCl:llon S6Q.1 W(b}," \6. If the hux below has ul!ell checked, lhe seclloll of Ihe NOle entitled, "Horrower's l:Ught (0 PrI!PllY" or allcrnalcJy "Borrowel.'s 1'lIytJIcllls Bc,,-Core Tltey Are Due," is deleled in ils entire!)' llnd replaced with the following language: o "BORitoWER'SRIGIIT TO PRF.I'AYi PREI'A YMEN1CHA1WE. I ha\'e Ihe righllo make payl11enls of prll1elplll at i111)'limc before tlley are due, but the l'Jale IloMer may npply allY tendered paYlnenls firsllo <lIlY amounls lhen due and owing under this Nole or under Ihe Securily 111stnllllenl am.lthen to principal not yel dIll:. ^ paynu:nl of principal ollly is known as a "prepayment" ^ prepayment of.all of the unpaid principal is kn\Jwn as a "full prepayment." ^ prepayment of only part of the unpaid prlncip::l1 is known US::l "rllftllll prep.1ymeut." If I make a parlial prepayment !lnd this Note is lllixed rule NUIC, Ihere will be no changes in the due dates or amounts of lilY monthly pnYlneni~ unless the Note Ilolder agrees in writing to those changes. I f I make a parlisl prepayment and thi5 Nole is Rll adjuslable rale Nole, there will be no 'Changes in lhe due dBles or alnOlmts of my subsequent scheduled IIlOnlhl)' payments Lllllilthe first plI)'ment due after the firsl Change Dille following my partial prepl1)'ment unless the Note Ilolder agrees;n writing 10 those changes. 1 f lhis Nole is an adjustable rale Nole, my partial prepaymcnl may reduce lhe amount of my l11nt\thly paYlllC'llt~ tlneT lhe! firs! Change Date following my partial prcj1aylll~tlt, but any stich reductlon may be offset by \\11 interesl rate increase, If U1l.~ aggregate amount of principal prepaid in any twelve (12) mtllllh period eJ,:cl:eds lwe"'y percen! (2U%) of lhe origilllll principal amount of III is Note during the first three (J) yean; commencing from Ille dale oflhis Note, (hen as consideration for Ihe ncceplanceof such prepfl)'mcnl.lInd ill <Idtlilion 10 any olher .sum payable hereunder, I agree !n pay to the Note Holder a prepaYlllenl ehnrgcequal to fhe percenl (5%) of tile lolal amount prepaid. I will pay thi.s prepayll1enl charge whelher preflllymel1t is volulItary or Ihe re.still of nccelenttiontlue to illY defllull under lhis Note or \lIe Security Inslrument Excepllls provided in Ihe seclioll entilled, "LlIlID Cb'Ar"gt.l\," t\..t. NDl.e \ loldeT e~ms ~n)' ))~e~\t\ fmllnce tl\l'iTg,e a\ tl\e time ,I\e Ican " made and no part of il will be refunded Ir I pny in rldl i1h~ad of schedule." 17, I f the Nole is lIssignetl or lnln:.ferred, 1111 or II PQrtiol\ of lhis Addendum 10 Nole 1l111Y be voidcd at tile oplm>> of the assignce or IrlIIlSfcfC}l. An)' terms ami provisioll5- of lhe Adde-ndUIlI 10 Note which are voided will he gov~med by the or;ginnllerms lInd provisions of the Nole. BY SIGNING BELOW. l3orro~r accepts and agreeli 10 lhe terms and pr(wisions cOnttlilled in lhis ^ddendum10 Nole. (S~~l) 1St"!} JlIlfl'''Wcr {!i..'1I11 UIlTn'''~f \So;lI) llormwl'r (S~al) 1l\>n:Il".r (.'icl'l) llmmwtr M\ll;n~1"^"F. ^\lOl'.NlJIJM 'l'\lIKl'!mU I'NM/lIl'IlI.MCNClTEtSM81 .~W'liIU011 LOAN 1D#'0801315490 Men J'^tn;)(JJ') MfJIDU/I.IISM ,--, , < ~;" ,-;-\-,;; Exhibit "e" -' "0 I, " I '. ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland, State of Pennsylvania, being on the West side of South Market Street, and known as Nq. 510, the improvements consisting of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection ot the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center of a twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point the corner of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz one hundred and sixty-nine (169) feet to the center line of Market Street; thence northward along the said center line of South Market Street sixty-one l61) feet and six (6) inches to the place of BEGINNING. BEING THE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by their deed dated November 17, 1995 and recorded November 21, 1995 in the office of the Recorder of Deeds for Cumberland County in Deed Book 131, Page 701 granted and conveyed to Saverior R. Pellegrino, single man. State 01 Perm anlad1 86 ds County oi cumbe f ana forthe recording D'i Oaa Recorded in the 0 b<1 nd CountY. 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"S 5 &r* s; ::l~Cl..oNr- ~.9 '<t.!2 t=::'>< 8!5~E~ ',' -"'..- 'li;; '" '" ;>: .,; '" S ~ '" N ci Z '" N ..; o ;> ~ .., '" o '" -< ~ ;> ro '" >< ~ '" .--, " I..;.;.:....:..,> -"~ - ,- ~-',. .'" , ~ I, ..... Exhibit "E" iI::i::........ .J>J I; " ' U L . f"I(".' 1.-_._ ~->.. -~[r- '"~ ('Wi ll--{~1". ~ .'~ .~;--;q"-4"'-"-;'1.j'N""~;:'" ":" ."" . , ..,. ~ l-' __ NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. (the Act) 15 U.S.c, SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If tile creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. '.. ~A~_~!~~~~~t;l$f''''~ '. -'~~lidWl~ :t~'R.r~!Iil~l>1~ ~ ,~," (.,;;::' lJ ~ (~ !t-~ q"j~ . ~~,..~l""_ .' '.~$if "~r;i.l iJ ~INI{^l,lSNNJd ~Jl'~~!-;).lV8 10. Hd hS E 9Z 931 AlNnc~) CN,,' 'daMn() :/.:I11l3HS 3Hl ,;/0 301.:1.:10 < " l "'UlUli1!" '_,i 'Ii --:1 i , "l\ 'i I "'~ 'l'U' , '., . ~ '.. ,.~ ~~;'1~~_i ,-'-,. '.'1'''1 r__'?)' ,;:.z:,b ,-\, ~ ~ - . ,-=-_.. - - - '" ~> -" - ",.,~"-" ". -.->- - -p~ - .",. .",,-co>, '_~'.h'_,,' ,. I.i'>.k .;",-.,> __ ;_"_,, ,_ _. ~__,~, 0"+ : "",,,.'-~_, ,'-," .'_';'-'-',: SPEAR &- HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of$194,741.70 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at PER NOTE% from MAY 6, 2000 to JUNE 8, 2001 (398 days @ $52.56 per diem) Accrued Late charges Property Inspections Attorneys Fees (As stated in Complaint) $169,436.57 TOTAL AMOUNT DUE ~flvvr/ BONNIE DAHL, ESQUIRE Attorney for Plaintiff $20,918.88 $581.25 $205.00 $3,600.00 $194,741.70 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $194,741.70 . IL' /J G__Ul--f;c;) . ';;t'~ PRO PROTHY V ,..~jiiuii..iit,;;"~~, - ~'~, -,'" ,~ ," ." ..,. . . ";"'W....;.....\ ~" "'. ~ "~~--..-' illIl - if~- .p' ~ _,,~ '_'_. '.-7, - _ ,. - --~ -~- 'I t (") 0 () C s: -n lV rJ ~ -00:1 t- ,_~1 ~ ~ ~.- rn IT' ~ ~ -0 % ,---f"- ~ z:r, '-;'-.;:,..! 8 zc:' -"r" C/)..,,'? ';';0 -=<.2 f !2CJ :-;~(S '- ~8 ~ ~;~~ "- ~ ~ -"" ~ ;J;>C 9- ;-.:::::;rn ~' } ~ -, -J => ~ r (.:> [; '" ~ 1[ (f' - ,~ . ,""-,,.-.-... -,. . ~ - -;,,,--- , ... ,~~ ~_. 1_' -i I.-.i ="'." SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY J.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO. : 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.OI-11lO YS. SA VERlO R. PELLEGRINO DEFENDANT(S) NOTICE To: SA VERlO R. PELLEGRINO 6638 SPRlNGFORD TERRACE HARRISBURG, PA 17 11 Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR. OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. iF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 A BONNIE DAHL, ESQUIRE Attorney for Plaintiff TillS LAW FIRl\1 MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF TillS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. ~"'""-ri~!Jj}1Jl.W,i""",."_o0l;"c <,;""~"J\:;,{"iilioMtJ:..:$lHd,~J!."'F",~~",,_b<'."_,:-,~,,,,",J,",,:'.b.;_~" "~'."'L'<';;,_,;"~>aiei">1iIlieiOO\lli~0U!!"-ilI,"b~%i'I~_~~6lI:~m..1IHin~'~~f V-1I!I!~ 0 0 0 C '"T1 s: '-- ::1 urv S 111[T' Z_l..' ~~ ',--- Z~- _'.r-n ::Q '-". -f-::J Z .-.~ i ~CJ ~" -~-:~:;~~ ~O -:!'~ \~~~ ;;0 <? c:3r-n c ~ 0 ~ (...> -< -. .. ~,' r,_',,",,'_",,_ .7', ,"",~""'~",-' "-~ .-' ~"'h .,,,", ',_ _~ ""'-", - _ "_'-;: .1. . " ~ ~,~ ,~," w ~ ,1 M< -. ~ ~""'""' I r,_ """.",""","=_~_,_,,,;,-_"~,,~,o-.,;~, "'-,",'':;-Z'''''"-<''''.<' -~,,-.' - --~~<ii SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY J.D. NO. 79294 1020 NORTH KINGS HIGHVI'AY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTlFF (326) LASALLE NATlONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 1111198, SERIES 1998-4 PLAINTlFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 ys. SA VERIOR. PELLEGRINO DEFENDANTS CERTlFICATlON OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the fIling of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sent as stated. SPEAR & HOFFMAN, P.A. Dated:# BY: ~~~ BONNIE DAHL, ESQUIRE Attorney for Plaintiff --.; '''-~~~'''_~~,~.__-c"''"~ ~Iii.~"'-"~ ,~ .~~ '" .'~' "-, '- " ~- ~~ """"'-w' liU -, 0 0 0 C ~,-1 s:: C- ..~ -on, S :-;; ~T"' mf'l"; <"'- Z::t:' --~'ln-"l ~S;: --~-i ;....;- ':.--'-. I ~6 '..~() ;:t::l' ;:~:B ~o ::s: >::'C) .",,0 C3 zrn Pc 9 ~ 0 ~ (.> -< . ! ~,,-'" ". __~, -~"C_ ,'0-"'--- '_*," ~'''~,',~ ,-..,,,, --'',<J_,''o"'--,,_',d,"__rt; ,,, _",.. '_",^<' ,','_~ "_",-_" '.~~ SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUlRE ATTORNEY J.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HilL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVlNG AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANT(S) CERTIFICATION OF ADDRESS I hereby certifY that the correct address of the judgment creditor (plaintiff) is: (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 and that the last known addressees) ofthe judgment debtor (Defendant (s)) is (are): SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 BY: S~~A. BONNIE DAHL, ESQUlRE -""'~;"",~dililidiiiiiii~ ,_,O",,'='V-"~~.._" ~ '.<-, V'.llIii...ii "'~. "'~~~;,... ~,~._r",,, ~" ,0_'"_ ,-,,,", o c ~, 50, -U~& rn .' Z:rJ 2'-- u? "d-:.: ~t) ~O ---,0 :P'c: ~ -"", -- _1_. .-r,', " .,n ---"" '-'-:;',,' f- l., O~""',_" -, . "",,'~ , "..~,~~ "-"~-'-' ., , . -- o '- r- :~ , 8 --,"', ~i1 E J- !-,,<.J ~::; ~~ ,___ --r'! ();:~ Of1i -4 "> ~ 9 CJ v> J - , --^."",-,,,~';-";C<'"_~'" oC'^-" '-;,1-", '",-,.;-h~'~ '0--"';"."" "'_-'-~""'-_'-+_~'_;'":'_ ,-_,",_, '_" t:~,;;.,---_ '-'0_;';'> '~' ~,.i SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FORPLAThITITF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAThITITF, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANT(S) CERTIFICATE OF SERVICE We, Spear and Hoftman, P.A., Attorney for the Plaintiff, hereby certifY that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 Date mailed: #; BY: SPEAR & HOFFMAN, P.A. ~~~ . BONNIE DAHL, ESQUIRE '-,"d,. ;"-'tkll1'j"" ';;'~.bI,",L'''- . ''''.. .,,~""'- "", ",,-",~4:'0'_ _"",~~~~,"_,", ;,_ ~. "_~"'"" >' .~~~k!.r' ~dj-.o "~'-,,,'_~'''''e_''~'O_'" .","",' .",..,.." _>t". ;""....""". .,;p. h ~ ii~ ,_., .--~' . ..1. "" ,,~, '", ~,_- .~ ~ . ~. ", . o 0 C ".. , ~ 5'~ c: !:P q; z ~~~ .:..,;-;:;' ~ e5 s;: ~o :>f2 <;> z ':::> ::! ..,.. o -n ~~~ ;~g ~ _~} 1';1 ~iiG ~~~ ~~~ ~~f~ ~ -< )> :0 -< 'I ~~ ~ " ''''=-' ',"-- ---."--='...~ "'~ -<;.< '"'~' ""-'"""o,_,-,""'*'c16,,"'_","';" ,,-' " . ;-? c=J,-'-,,-:'-.!\-j'k: --'," .~; SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUffiE ATTORNEY J.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANT(S) AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiffs behalf, and that the statements in this Mfidavit are true to the best of his knowledge, information and belief. Defendant, SA VERlO R. PELLEGRINO, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 510 SOUTH MARKET STREET, MECHANICBURG, P A 17055. BY: //n IP~ SWORN TO AND SUBSCRIBED BEFORE ME THIS & DAY OF..} \nE:. ' 200L BONNIE DAHL, ESQUffiE June 8, 2001 l,\j",,~, -, ~l"'''''''-''. -.."J'IlIlI'":""-.~~iltilt ,':' ;--Luj__; ~--'~:-"~'~I..~~..'- C',P" """""_H~""',,,,","~__""'. ~_,,~Y1"w,r"'."'1 _",.;".~_"__"'_'''f-, ". ~'C_ '1'>".-. . _~"'-, '1 ,'~"_'--< ., ,..- .,^"" 'iIlII I. ",-t;-__ "_,, '~'j,...J'",;,:". ~" --, ~~ o C -o~ rn(--;! ~::n (n(,> :./J<;:r ~~C) J;- -, Z....-! ~.-U :PC ~ o '- ,- ~~ Sf; ., ~~ 3~ ,L~ ..' - , ;:_~~C; ~---:L. --~; 5~ --j 1; -< '2 o .l='" ._1 -~- "--"'~~~""'~~ "~'-I'''>~-'''-''''''';'''-."_''-'''i'-''''''"_..!",.(,~,,,,'":I,,.,,,,~,_0' '--'''-'__0''' ,--,"'--'_"'_l,~._'_",., '_'. ,_'_ __::;' OFBCEOFTHEPROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, P A 17109-0000 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: ~ Judgment by Default o Money Judgment o Judgment for Possession o Judgment on Award of Arbitration o Judgment on Verdict o Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL. ESOUIRE at this telephone number: (856) 755-1560 ~ -, , ~" -I -_.'_ -. ;," '_....."-1';.;',,~ ."-,c ,Iii.>>.-',fo",_,,,,,,;e,^,,,;, ",-;, ';'.1., c,'. "f, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DMSION PRAECIPE FOR WRIT OF EXECUTION (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 1l/1I98, SERIES 1998-4 vs. () Confessed Judgment () Other FileNo. Amount Due Interest Atty's Conon Costs 01-1110 CIVIL TERM $194,741.70 SA VERIO R. PELLEGRINO TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail insta!hnent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and forrea! property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND debt, interest and costs upon the following described property of the defendant(s) County, for 510 SOUTH MARKET STREET. MECHANICBURG. P A 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee( s) for the following property (if rea! estate, supply six copies of the description; supply four copies of lengthy persona!ty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant( s) described in the attached exhibit. DATE: June 8. 2001 ~~A( Print Name: BONNIE DAHL. ESQUIRE Signature: fir-.. , Address: 1020 N. Kings Highwav. Suite 210 Cherry Hill. N.J. 08034 Attorney for: (326) LASALLE NATIONAL BANK AS 1RUSTEE UNDER THE POOLING AND SERVING AGREEMENT DA TED11/1198. SERIES 1998-4 .M . . . _, ,""'0 . - -.. ~-. ,'., ..., ~ -' ai. -1 d.I'(-~," , -;_ -', ~c ,-._",;,__"",; ,- ,. " . ~ ....l 0'<1" Oob p"o- gj~ ~~ ~~ 0 ~ >.:i>.:i N <Il;> ~~ >.:i ~~ "s'<l" ~ < '" >.:i;::; ~'f " 0 ~ p,,<Il p"<IlOO 5~ >.:i;::; <R <R <R ~.~~O E-<~ ~ ~ <IlO <,"",10 @ ..s "", ~p". ~~ U u ~z~ ~ ~ ~ ... .' "' ...:I:....l'" ~ 8~ <Il< ~ ~ og~;!: <0 p" 1iIiI"" 0 u ~ffi ~ ""g'" U :I::I::I:G' 0 ~o o(l<ll><'" ~ ~ O~ ~"~e ~ E-<U E-<t: ~ al~ ~ >.:i~gj , 8~ ~~ E-< ~ <Il c: ~~ ~ <Il o(l 0 p" "U 0 .,; <IlZ Z Upj <Il "0; +-' U 0 >.:i>.:i 0< p" ~ ~ N ~~ ......" .s- O ~~ +-" ~ 0 ">:: 0 ~ ~ E-< U t:l~ ~<Il <Il~ j ~ 10 N '" ~ ~.... ~ ~""';'--M'~~'__-=,," "'^ ~,~-, ~~ ,," . ("J - ~ ~ ~. - , :: ~ ~ .J::: 4' --- C> ~.~---";"'~";=~""~- -'-~~ '~ i =>" - " .-eq'6<l. d 8 f--{YJ t- ( ~ ~ " R.; 6' {g, --0 "!!~ Yi > -....J ~ 'tl Vj ~ ~ ' . 00~vr;d& I I I I I rf "'~T\ -, ~.~ -'<>.. '- -z ~ "n. ".,~__~_._~ _~,__,"",,~_~ ~.~_ ~ ~.__ """'_' ~_,__ ,< ~,,~ .~ - ,,- ",~,," --~ . -"~. ~ ,~" ~ ,~ o c ~ U\.,...- f'ilJil 2:r.:_' Zt.~- (JJ .:'::::.. -< ~",-: !;= CJ ~o 5>2 z =< . c' 1-:") --n ~- c= ..~ "'^"-- ,-,-,""- ~j~~ 00" ..,~ ~ ""1'- " ~~~ --, ~ -< is o (...> , ",~ - ~'o'~ - ~'''-.'' ~, ' . -""',.- .>Ia.-'..-'-_" ';,.'_',"' "-r~"--","-',"~0'" ,;_~"':"" kf -I-'t-e, :_, ':_~ ~~,;;, -', . SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY !.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM vs. SA VERla R. PELLEGRINO DEFENDANTS CERTIFICATION BONNIE DAHL, ESQUIRE, hereby verifies that she is the attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Al~ BONNIE DAHL, ESQUIRE Attorney for Plaintiff "_'__ _~. 'l,e,~ ":~;'ii'__~ .. "". -"~-~~-,,-,-.,, ~~ ,",."o.C= ""_" ",._,___~ iti'... '~iJ.iliiil~ "6.- . " . .;,',.c-,,-,.~ -'-~""---~' ",,'!";,,"<''', ,''"c, _","'7!~"',.,~r,_,~~C'I"'" ....- ',"7 '0, ", ',':'~,- , ,,; ---'.",. -,,'''' "~,~ ~-' - -,.,,~, '", <,< . () 0 0 C -n <: t.... -~~ <:lIT! C ~:;~~ mQ:' ~. "'- Z-L_-' ~t:;: ;0,0 ~2- ~a~~ 1;:0 ::>> ~O :!: ~~]~ >'8 i5 ~ ~ :::> 50 w -< .;; ,'~-"'.,' - ~, .-",c.' ,,",,'. '"'-' 1__~'_~"_"kU.'-<,_,''-_' "",,,,,"-C,-;;;- '-h."'--;~';"-'J'_--~;-'.i-, .,-'t..,,, '.i;.""j~,_~,,"(.'_1 "'" ~_"_"~'^~, . SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY !.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEYFORPL~WF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 1111/98, SERIES 1998-4 PLAINTWF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the fOllowing information concerning the real property located at 510 SOUTH MARKET STREET MECHANICBURG, PA 17055: 1. Name and address ofOwner(s) or Reputed Owner(s): SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, P A 17109-0000 2. Name and address ofDefendant(s) in the judgment: SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: RAYMOND HOLLOWAY, JR 510 SOUTH MARKET STREET 2ND FLOOR MECHANICSBURG, P A 17055 4. Name and address of the last recorded holder of every mortgage of record: (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER mE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 - . "'-~- - -", ~-"- >. <,' ,,--,. ,.,', ~ -.' "~"<"";'"',--,-~-_,,'t;d, ," -- , _-_~_ ;',:.yo'". .J-;:",_, ;'-'---,",,', . . 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: BARRY L. HECKARD MECHANICSBURG TAX COLLECTOR 605 SOMERSET DRNE MECHANICSBURG, PAl 7055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYL VANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PAl 7128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU I COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, P A 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUP ANT(S) 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. fln~ ~ONNIE DAHL, ESQUIRE Attorney for Plaintiff ,sfr0-~._,~ l-,,,-~~~lilliiIW"'~- ~ , "~-= "-'''~'''''~HW n .',", --"-~- -'" ,__,'_"L~k"",;W'__. ',,~ <--', 1Iiil:':':"~"';""'" '." \~,,,- ~_~. r~_~' _ ~ ,-' T !i , . (") .r::) '-.' , c: n ~ '- .--; "'U GJ C mm ""'- Z:r:, --,'-'---; :ze. :;~i~~ en;):,: -<..:;;~ r:o J':'x> <: '--,-, ~o -~ (~;?('") -'- )>0 9 ~~rn c Z .....,~ =<! .=:> :1J W -< ,.- ,"-' ." ,,~"""~ ,<~,~. I .. ~,,' . "~'=' _.''''~'--,V_''''''~, ~"">'I .,,', ,,~, _ _'''' i' -.' ,- ~, '0_ _ ,<.,;,;,.;_ " . SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY !.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEYFORPL~F (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTlFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.Ol-l110 CNIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 Your house (real estate) at: 510 SOUTH MARKET STREET, MECHANICBURG, P A 17055 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5,2001 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE,PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $194,741.70 obtained by (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 against you. NOTICE OF OWNER'S RlGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be canceled if you pay to (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. "~ ,..~ ,,~ , "^~ -- .' <' "",.,-'-.' '".~.,"". '-"'-':'1<'.: ~ ' ---< _ '>"t~-\ "j...;-" _~, , ~ , , 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STilL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, P A 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , I.~ ilI"-",- 1 , ALL THAT CERTAIN lot of ground in the Borough of Mechanicsburg, County of Cumberland, State of Pennsylvania, being on the West side of South Market Street, and !mown as No. 510, the improvements consisting of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center of a twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point the comer oflot now or formerly of Helena Dietz; thence eastward along the line oflot now or formerly of said Helena Dietz on hundred and sixty-nine (169( feet to the center line of Market Street; thence northward along the said center line of South Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNING. BEING THE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by Deed dated November 17, 1995 and recorded November 21, 1995 in the Recorder's Office in and for Cumerland County, Pennsylvania in Deed Book Volume 131, Page 701, granted and conveyed unto Saverior R. Pellegrino, single man. f~ffiili,-":~l!i;'W1~:1'Ji",i!Aji-"'i'5,'~:,~:'~',;,jj>..J:!'-'t~%'l$~Il>~,,",;;,'iii!""'r>""'~':!~J.'."'",,,.,"{;j;,'r,"_"''''>':!,"::'",,*f'~'%~!4~Wli.~Mi.ltiiii;M_k;,wiii&o~~~o;.;~~~"""'" c:' 0 r. c: ~) "," -'il , ""Oi.~ ;= JTl' zEp :Z .T! i-~: ZC" - ;" en;!:', .:'~;(,J ~~ ~7J~: K........' ;p. ~O :2: QB :;;;8 6 ('"~-fTI ,...; ~ --j =- :lJ (...> -< _.~"".",~.".' .- .. .~~" .. , ~- ~" "'. , I . ~ , - " STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ____________________________________________________-"________________________Recorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which .La.Sal.ll:_Nil.tiDnal Bank as Trustee Under the Pooling & Servicing Agreement Dated 11-1-98 ~eries 1998-04 --------------------------- .-----------------___ -___________________________________ IS the grantee the same having been sold to said grantee on the ___________~_t_~________________________________ day of __________~=p_t_':.'!!~:!____________________ A. D., r 20~:___, under and by virtue of a writ______________ Execution . . 11th ________________________________________________lSSued on the _____________________________________ day of _______J.I1JJ.l:______________ A. D., Civil ----------------------------- -,.----- ------- - -___ ---______ _________________ ____ ___ T enn, : 2QQL_, out of the Court of Cornman Picas of said County'as of 2001 Number _____!1J_L__. at the suit of _~~?!>L!:<!'_~-'!.!!:~-~~5~-':~~~-!:~~~--~~-!-':.~~::-':.-~~-d-:~-::::_:_~o 1 ing & Serving Agreement Dated 11-1-98 Ser1es 1998-~ _____________________ _______ ___ _... __ against___ _ ___.s.a."ll.eria.....B._P~le.g.x.iD9-- __ __ __... ___ _________ is 248 4130 duly recorded in Sheriffs Deed Book No. ____________, Page ____________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ___11.___ day of ____~~::.._____________ A. D., ;UV I ~-~-------------------- Recorder of Deeds . " . E'~I. . (326) LaSalle National Bank as Trustee Under the Pooling and Serving Agreement Dated 11/1/98, Series 1998-4 VS Saverio R. Pellegrino In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1110 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Saverio R. Pellegrino, but was Unable to locate him in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. And Now: July 6, 2001 at 11:13 A.M., served the within Real Estate Writ, Notice & Description upon Saverio R. Pellegrino by personally handing to him one true attested copy of the original Real Estate Writ, Notice & Description and making known to him the contents thereofat 6638 Springford Terrace, Harrisburg, PA 17109. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states on July 02, 2001 at 10:30 o'clock A.M., EDST, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description on the property of Saverio R. Pellegrino located at 510 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Saverio R. Pellegrino, by regular mail to his last known address of 6638 Springford Terrace, Harrisburg, P A 171 09. This letter was mailed under the date of July 20, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $100,000.00 to Attorney Jane Adams (for Attorney Bonnie Dahl) for LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement dated 11/1/98, Series 1993-04. It being highest bid and best price received for the same, LaSalle National Bank, As Trustee Under the Pooling and Servicing Agreement dated 11/1/98 Series 1998-04 of One Ramland Road, Orangeburg, NY 10963, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $2,968.80. Sheriff's Costs: Docketing $ Poundage Posting Handbills Advertising Acknowledging Deed 30.00 2000.00 15.00 15.00 30.00 0' .......". ~"'-, Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed Sworn and subscribed to before me -~.. .-1 -,~ 10.00 .50 1.00 6.50 1.72 15.00 20.00 293.30 253.62 25.66 25.00 ~ $2,768.80 paid by attorney 10-05-01 ~~~<~~ R. Thomas Kline, Sheriff This ...1/-AX day of {J~ 2001, A.D.q{~ _ C /u,RJ.. "~.-... rothonotary BY ~~~ Real state Deputy , ,-, ~. k'~! wY~ Jb,lJ1l ,:)ll ~3>'1'f/b /<u-.- if n;)1, ~-~ I~ _,.L l-.la" ~~~ , . . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA). C.OUNTY OF CUMBERLAND) NO. 01-1110 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due (326) LaSalle National Bank as Trustee Under the pooling and Serving Agreement Dated 11/1/98, Series 1998-4 from Saverio R. Pellegrino, 510 South Market Street, Mechanicsburg, PA 17055 PLAINTIFF(S) DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notffy the garnishee(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 properly of the defendant(s) or otherwise disposing thereof; . (3) If properly ofthe defendant(s) not levied upon an subject to attachment is found in the poSsession of anyone other than a namedgamishee, you are directed to notify him/herthat he/she has been added as agamishee and is enjoined as above stated. % LL Due Prothy Other Costs $.50 $1.00 Amount Due Interest Atty's Comm Atty Paid Plaintiff Paid $194,741. 70 $17q 14 Date: ,T11np 11 7001 Curtis R. Lonq Prothonotary, Civil Division 'by;- ~O~ - Q. 77fCJ}/u~ Deputy REQUESTING PARTY: Name Morney for: Telephone: Supreme Court ID No. Bonnie DahL Esq. 1020 N. Kings Highway,. Suite 210 Cherry Hill, N.J. 08034 Plaintiff Address: 856-755-1560 79294 ~~\ ~'--' m"~",i'ciM....;,~J#1li,';!;,'jj"";,._~slli:1;"~"""""'-:f'>L'O;\'~'''''WE",,.,~,,,,,i;J_,"t,,"~i~_iiIIIiwilli_iIilI~~~~~i<" I , . . REAL ESTATE SALE No. 5Co I..HI 0uVUl 19. dOOI the snentt levied upon the aelenaall, interest in the real property -sitl)<lted in f3D'(OUj"" o~ ~C~Qcf\ {~ bO(j Cumberland County, Pa., kno'l" n(l numbered as: 510 Soutt. (Y\Of\\9.J; S\. (\I\ecv-o.Vl\c-S b~ and more fUll; .!"Jscribed on Exhibit "A" filed witt' this writ and by this reference incorporated herein. Date: \JvV\D - B ,;)aD \ BY:~~;;" Pt (-= -=> c:w C\til c:::::;::1 GV liV\l .,~ '" -\l~S \;\~3d \1\\<\ .... .'.' '"1r'\' ',,; "-- \~, ~\~ 1,1\ t, t\ \\~\ .' "lr\[\~ ).1\\\\0J c:'I': ~o3~d~ll .~\'lI:l\1S , \~ "" ,-,~--, ,~ -- ~'-^ I. -~ . ~_.. "", ~ II .,.;i. ~---I..:......o_ , SCHEDULE OF DISTRIBUTION SALE NO. 56 Writ No. 2001-1110 Civil Term (326) LaSalle National Bank as Trustee Under the Pooling & Servicing Agreement Dated 11/1/98 Series 1998-4 VS Saverio R. Pellegrino Filed October 5, 2001 Date of Sale: Buyer: September 05, 2001 LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement dated 11/1/98 Series 1998-04 $100,000.00 Bid Price: Real Debt Interest Attorney writ costs $194,741.70 179.14 Total $194,920.84 Distribution Amount Collected Legal Search Sheriff's Costs $2,968.80 200.00 2,768.80 So Answers: r/l?--,~ R. Thomas Kline, Sheriff - -'._'""1 , ji~u~~:~ - ,--", I.-~ II .. 'Hil,," i TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WIDCH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 56 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT: Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unf1led Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriffto dated , 2001, and recorded ,2001, in Cumberland County Deed Book ,Page RECITAL: BEING the same premises which Charles W. Stoner and Dorothy T. Stoner, his wife, by deed dated November 17, 1995 recorded November 21, 1995 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book 131, Page 701 granted and conveyed to Saverio R. Pellegrino, single person. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Market Street, Marble Street, and an un- named alley. 6. Building and use conditions and restrictions as set forth in deed of Victor L.c. Heasskarl and Ernestine J. Heasskarl recorded in Deed Book "F," Volume 10, Page 597. 7. Mortgage in the amount of $171,000.00 given by Saverio R. Pellegrino to Al.'iance Funding Company dated November 20, 1998 recorded November 25, 1998 III Mort,gage Book 1500, Page 658. Assigned to LaSalle National Bank by instrument recorded III ,," ~ ol; I.iiiw"- __J " " ,,~ - L ~>"'i-:>', . Miscellaneous Record Book 674, Page 238. Complaint in Mortgage Foreclosure filed by LaSalle National Bank as Plaintiff against Saverio R. Pellegrino as Defendant in the Office of the Prothonotary of Cumberland County to file number 2001-1110. Default judgment in the amount of $194,741.70 entered June 11,2001. 8. Delinquent real estate taxes tumed over to the Cumberland County Tax Claim Bureau. The amount owed at the date of sale being $1,687.90. 9. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 10. Real estate taxes accruing on and after January 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. R bert G. Frey, Agent Note: This Title Report shall not be v . d or binding until countersigned by an authorized sign REAL ESTATE SALE NO. 56 Writ No. 2001-1110 eMI (326) LaSalle Nation," Bank. as Trustee Under the Pooling and Serv1ng Agre"ement Dated J J /L (98. Serfes 1998-4 vs. Save-ria R PeUegnno Atty.: Bonnie Dahl ALL 'THAT CERTAIN Io-i oC ground in the Borough of Mechanfcsburg. County of Cumberland. State of Pennsylvania, being on. the West side of South Market Street. and lmown as No. 510, the improvements consisting of a three-story brick house. three (3) car garage. and more particularly bounded and described as follows. to wit.: BEGINNING at a pOint in the cenA ter of Market Street one hundred and sixty~seven {167} feet siX (6) inches south from the intersection of the center of Market and Marble Streets; thence westward_ on line parallel Vilith Marble Street one hun- dred and sixty-nine (169) Teet and four (4) inches to the center of a twen- 1;y foot alley. along the property for- merly owned by Charles A. Markley. now or formerly of George M. Mark- ley: thence southward along the center llne of said alley fifty (50) feet to a paint the corner of lotnow or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz on hundred and sixty-nine (169) feet to the center line of MarkeLStreet; thence northward along the said center line of South Market Btreet silcty-one (61) feet and six (6) Inches to tile place of BEGlNNlNG. BEING THE SAME PREMISES which Charles W. Stoner and Dor- othy T. Stoner, his wife. by Deed dated November 17, 1995 and recorded November 21. 1995 in the Recorder's Office in and for Cum- berland County, PennsylvanIa in Deed Book Volume 131. Page 701, granted and conveyed unto Saveriar R Pellegrino. single man. ,1-- "-- ~- I ~ ,~ _t .' " -'.L:.l<IlInW~,,' .. ~ SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY LD. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL,. NEW JERSEY 08034 (856) 755-1560 ATTORNEYFORPL~ITF .. (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PL~ITF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 510 SOUTH MARKET STREET MECHANICBURG, PA 17055: 1. Name and address ofOwner(s) or Reputed Owner(s): SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 2. Name and address ofDefendant(s) in the judgment: SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 3. Name and last !mown address of every judgment creditor whose judgment is a record lien on the real property to be sold: RAYMOND HOLLOWAY, JR 510 SOUTH MARKET STREET 2ND FLOOR MECHANICSBURG, P A 17055 4. Name and address of the last recorded holder of every mortgage of record: (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 "u~ II.. '1iIlrIiIli~^ l...L' " l~ '-~j(,,-, ./ I 5. Name and address of every other p~~son who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: BARRY L. HECKARD MECHANICSBURG TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTII OF PENNSYL VANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAlM BUREAU 1 COURTHOUSE SQUARE CARLISLE, P A 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has lmowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUP ANT(S) 510 SOUTH MARKET STREET MECHANICBURG, PAl 7055 I verify that the statements made in this affidavit are true and correct to the best of my personal lmowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. /Jn~ ~ONNIE DAHL, ESQUIRE Attorney for Plaintiff -'"~~.~.~ .~ . ~.~"" ~ " ..Li.:....w ~ '.'- -,'h.d ~... " '_ ...,., ~. -.,' " SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUlRE ATTORNEY LD. NO. 79294 1020N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.oJ-1110 CIVIL TERM vs. SA VERlO R. PELLEGRINO DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SA VERlO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 Your house (real estate) at: 510 SOUTH MARKET STREET, MECHAN1CBURG, PA 17055 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 2001 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $194,741.70 obtained by (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 against you. NOTICE OF OWNER'S RlGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ........."""""""~ I J' "~- ~ l~,i '. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney,to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. , 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your propertY. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may dll (717)240-6390. I 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. I 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of tlle money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TIDS LAW FIRM IS DEEMED to BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ^ 1...."", ^ ~ -" ,:... ~- '~"" ~ .. ALL THAT CERTAIN lot of ground in the Borough of Mechanicsburg, County of Cumberland, State of Pennsylvania, being on the West side of South Market Street, and known as No. 510, the improvements consisting of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNJNG at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center of a twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Mark)ey; thence southward along the center line of said alley fifty (50) feet to a point the corner oflot now or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz on hundred and sixty-nine (169( feet to the center line of Market Street; thence northward along the said center line of South Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNJNG. BEING THE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by Deed dated November 17, 1995 and recorded November 21, 1995 in the Recorder's Office in and for Cumerland County, Pennsylvania in Deed Book Volume 131, Page 701, granted and conveyed unto Saverior R. Pellegrino, single man. -'<!l~'O"O' rl Wh "l..Jilii >, '--., - ~-" -~ .f " . THE PATRIOT NEWS THE 'SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of I.b..a Patriof-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 24th and 31 st day(s} of July and the 7th day(s} of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mtllaneous Book "M", ';:~g;~:~: ~~;;;;;;;;;;;~~;;;;;~~mm SAI-E#56 Notarial Seal /: rell}l L. Russell, Notary Public (/~ Harrlsbulll, Dauphin County My Commission Expires Juno 6. 2QI2 . Mamber, Pennsylvania Association 01 Notarie. y commission expires June 6, 2002 . , CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 , Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 252.12 1.50 253.62 Publisher's Receipt for Advertising Cost The Patriot News Co.. publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly p<.lid. By.................................................................... REAL ESTATE SALE NO. 56 Writ No. 2001-1110 Civil (326) LaSalle National Bank. as Trustee Under the Pooling and Serving Agreement Dated 11/1/98. Serles 1998-4 ,..,' .~ ESTATESAI.E No. 55 .... ,...,', ,,-~!!lU,o..2:001'UJQ .~ . . ..~vIlT""". ~.(326)l.iISalle National Bank, as ~~ 'f'~TflJ~~_Under the Pqoli"g III' . , ; 'ij~<I ~r'l(lJg Ag~meot =.".< '..:--na.~~d11!1!$,SE!rles . . 199&4 ~-;:-:;;-~_.'-"'._vs ,__ - _. -.~-~~~.~~...)~.~Pel1.egrinQ ..' t':'!,'AUy:; E {mole Uilhl ~ ... C.';~-DES 'tlIl'TlON .' - =-+-: "~-,, ~ ~- '" vs, Saverio R. Pellegrino Atty.: Bonnie Dahl ALl- THAT CERTAlN lot of ground in the Borough of Mechanicsburg. County of Cumberland. State of Pennsylvania. being on the West side of South Market Street. and known as No. 510. the improvements consisting of a three-story brick house. three (3) car garage. and more particularly bounded and described as follows. to wit: BEGINNING at a point In the cen- ter of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of the center of Market and Marble Streets: thence westward on line parallel with Marble Street one hWl- dred and sixty~nine (169) feet and four (4) inches to the center of a tw"en~ ty foot alley. along the property for- merly owned by Charles A Markley. now or formerly of George M Mark- ley; thence southward along the center line of said alley f1fty (50} feet to a point the comer of lot now or , formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz on hundred and siXty~nlne (169) feet to the center line of Market Street; thence northward along the said center Une of South Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNING, BEING THE SAME PREMISES which Charles W. Stoner and Dor- othy T. Stoner. his wife. by Deed dated November 17. 1995 and recorded November 21. 1995 in the Recorder's Office in and for Cum- berland County. Pennsylvania in Deed Book Volwne 131. Page 701, granted and conveyed unto Saverior R Pellegrino. siIlgle man. "tHAT t.'.~R1AtN Loi (I'/" ground in'lhc _ _of ~_~g~,n~c?l2.lf,g, Q,?unJ)', of_ _'P.:":m~!f.. ~J{...~F1ms1'ly,~nj~. ,~!ng- csl !>ldc of, SOuLh _Man..c-t_ Sm:c.t._ EirfJiWii.:a~ ~NQ~5_l[':ihc inlprovcm~nts - ~~=-:,-' ;~:C~gO~~~~IC:G*; ~ , ~~tibt...xI,as follo,-,!~ to Y.lt:. '" _ ,~, ~,~LA.poi!:!l.in__tl1.~ .cl'J:Il~T,.of "~\ ~~t ~~ ~"9!i~.ed,;!.M,~~~V:~yt:!1 "(~~_~i.'}.-'P),ju.q.l~}....~.09Ik.JrPJ;l} !ht.:~ ;:jjog . (~r th~ ~w.;,;r. of. ~tar"-t.'t ;lllU .~c-:-~~(s~ ;~lNns~ ..~,N:;qd,-Qn.linJ;", Ii.. rdv,lt6Marble Sir...'Ct-onc hundrl'd ;ind_ I.~-'- \;~.;.'.~."'.'..._c~..~...E.:,.,~J~~.~~:~.: ~~. ~~..~~:."~r~.~'$l...l~~_ _ S forl11~'.rly O\~ nw by Charlt.:~ r\,_ ~- -:.:~_~t:~~~i~~6~~il~~tlt~:t~~ ~ -, q ~~ i.l,f(c}', rif\'y,_l~O) fl.:!-;t lQ -'t.wint _ .-r:{- .2-t_..,IJI._\\ ,{iOW. .Of fOrp'lCrlj', ,of. '~~~~~~1~~~~~<t~4oottJ~ : . uodrC4 ;J.~d ~~i; l1il1t.' flQYfket M )119: ~~<<_SI.TI:C1~_~p.';;; d_ aIO[lg.; Ole Nid_ Cft}(~r. 'ijOc :Qf. ',...~.(~ll-'K;: : ~~~oJ],tlJiE,_~'-! _,~: =, _ _ '__~.JJn~pf.f'!j1T.~s_ \\-hkh C_' .l~L ~~ff~~~~~~'~~-j~J\~s=~~~ --. - :!i);!?',;!p"" ,,;:'.1. _199, ,m._~_ ',:~ -Qi!l.~,i&ij\lA jR,E.um))<dJnu. .~~!\_:W!.iL.~~_ f}9Ok_ .LJ1...~_ 7ill.....~1.01t.'J, _:.met: ,u~~?:lt~h~, ~irii!~,~ ;;~~=..:;~,;;:'?-_~ :O'~'_"~ '"'" ~ "~ I, I I ": "--'~ -..... _~,r '.. , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgentha1, Esquire, Editor ofthe Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in thelBorough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: JULY 20, 27, AUGUST 3, 2001 Mfiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Ro;j~tor ~ SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ~...d~.~dpA/ .' Notary .. NOTARIALSEAl. L~. E.5NYDER.=. PublIc Calli8le-BoIll CtIn' . Myeor--'IIIOi;Ellpinls~~ " . . '.'~' '" -, c _e"'v--" ""~".C' ."""", ,-,,'."""',.d.' '.> '--I. ~~=-,.-" "rC'v,_~_ ";',,;<, ~'~, '""~'~,-"'""b'-- .', ",~",-"~,,~.,. ,~..:..: .'''{',",-,,,,,,,:~ ",." C!.(,ol"M'"ll;"P""-il.' ,,,,.,.,.~, '-+" ," 'i",,,-,;;,t<'~':.;,,' 1J'''.!' " ,",' ",'. '_^.-, .~t~ ~' Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney J.D. No. 79294 1020 N, Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs, DOCKET NO. 0 l-l1lO CIVIL TERM SA VERlO R, PELLEGRINO Defendant CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PAR,C.P, 3l29.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certifY that Notice of Sale was served on all persons appearing on Plaintiff's Affidavit pursuant to PA R.C.P. 3l29.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit nAn. The undersigned understands that the statements herein are subject to the penalties provided by l8 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, PA BY; A~P~ BONNIE L. DAHL, ESQUIRE 4 .....,.......... ,....... -tl:-to:...... ~R! II ~ II!,I ~i~ ~ ~ll ~",j! uj r\'~l.~'W. ~ ~ \ \:~ ~ !:'f} .it (/j ..... .'. 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