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Home My WebLink About01-1430 FX :;<j,l'ii.!i~J "-~-, LbliOl,t 'V-..-~. i__ ~- ':;-.' ~~" ,- --~"~Iiii1;;,! ." THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff DLJ MORTGAGE CAPITAL, INC., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO. Of - fl./JO (]ot/~ RALPH CHARLES CRONE, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE NOTICIA ~OU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND ~GAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, ~OU 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 ME WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY ~ROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED ~GAINST 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 ~OSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO )'OU. LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUI ERE DEFENOERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SO PERSONA. SEA AVISADO QUE 81 USTED NO 8E DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIa AVISO 0 NOTIFICACION 0 POR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. ~OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF rOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET PORTH BELO~ TO PIND OUT WHERE YOU CAN GET LEGAL HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL 5ERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR A8ISTENCIA LEGAL. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square CarliSle, PA 17013 Cumberland County Court Administrator 4th Floor CUmberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240~6200 (717) 240-6200 ,..._'~ :: 01- " - " '" < :lllilw.;;"' . NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. ~ 201, ET SEQ. (liTHE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty 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. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 * THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - .L '. .,~ - ,. -Z-. . ~ :lI"IIi11i1i\_,~'J_ . CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, DLJ Mortgage Capital, Inc. is a corporation having been organized under the laws of the State of New York and having its principal place of business at 11 Madison Avenue, 4th Floor, New York, NY 10010-3629. (b) The subject loan is being serviced by Calmco Servicing, L.P., itself being a corporation organized under the laws of the State of Texas and having a principal place of business at 9600 Great Hills Trail, Suite 200W, Austin, Texas 78759. 2. (a) The Defendant, Ralph Charles Crone, is an individual whose last known address is 1311 Old willow Mill Road, Mechanicsburg, PA 17055. (b) The Defendant, Ralph Charles Crone, holds an interest in the subject property as both a Real Owner and Mortgagor. (c) If the above named Defendant is deceased, this action shall proceed' against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 1311 Old Willow Mill Road, address within the Township of Silver Spring, Cumberland County, Pennsylvania. ,~"""'>...,""" ~I~,,,.,._- ._~- I" ~ . 'l_ ~'i (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on April 11, 2000 and was recorded on April 24, 2000 in Mortgage Book 1607, at Page 747. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises) . (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: Eastern Savings Bank Assignee: DLJ Mortgage Capital, Inc. Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019 (g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendant above named failed to timely tender the monthly payment of $2,074.23 on September 17, 2000, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. -I'< r ...~~ ' ; ,l.__loi L I ~A '~>J;~'~ 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing $162,383.77 (b) Interest due and owing at the rate of 15.15% calculated from the default date above stated through February 28, 2001 13,042.00 Interest will continue to accrue at the per diem rate of $67.40 through the date on which judgment in rem is entered in Plaintiff's favor. (c) Late Charges due and owing under Paragraph 6(A) of the Note in accordance with the Mortgage Instrument 725.97 (d) Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account 100.00 (e) Property inspections as a recoverable expense under the mortgage terms 10.40 (f) Court Costs and fees as recoverable under the mortgage terms, estimated 250.00 (g) Attorneys' fees Calculated as 5% of the principal balance due, in accordance with the mortgage terms 8,119.19 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $184,631. 33 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6 (g) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriff's Sale only. '^~'" . '"~~~~ : ,,~-~ "t~\O!""', (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P.S. H01, et seg., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. 5 1840.401C, et seg.. (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (c) Appended hereto and incorporated herein by reference as Exhibit "C" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendant has failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. ......J t- .."d~"",,,,,"',l~-"L"" "" -. I ~,,'.-- ;"-'J_. _~ . WHEREFORE, the Plaintiff demands: Entry of judgment in rem against the Defendant above named in the total amount of $184,631.33, as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and Foreclosure and Sheriff's Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, E uire Attorney for Plaint'ff Attorney I.D. No. 53002 !. .; ALL that certain Jot of gro~nd situate in Silver Spring Township, CumberfandCounty, Pennsylvania, being Lot No. 5 on.a Subdivision Plan prepared for Georgetta M. Crone by Whiltock and Hartman; Registered Engineers, and' recorded in the Office of the Recorder of Deeds for Cumberland County In Plan Book 60, Page 130, bounded and , described as follows: ." .." ' BEGINNING at a point on the. Western side of Old Willow MlII Road, as It appears on said Plan, which polnt is also on the dividing Une between L"ots Nos. 4 and 5 on said Plan; thence along said dividIng Une, North 79 degrees 25 minutes ~st 402.72 feet to a point; thence continuing along said dividing line, North 2 degrees 42, minutes 40 seconds East 316.86 feet to a point on line of land now or fonneriy of Ernest Clawser, Sr., and Nell L Clawser, his wife; thenCe along said line ofClawser, South 89 degreei! 17 minutes 40 seconds West 370.03 feet to a point in line of'larid.now or fonnerly cif David Thumma HeirS; !Iienc,e along said land of Thumma Heirs, South 8 degrees 6 minutes West 407.76 feet to a point in line of property now or formerly of Jay H. Smith; thence along said rand of Smith, North 82 degrees 43mlnutes East 301.05 feet to iii point; thence continuing al~ng,sald land of Smith. South 79 degtees 25 minutes East 490.25 feet to a point-on the WeStern right-of-way hofOIi,lV\lllloW Mill Road; thence along said Westem right-of-way line, N<ii:!h'21 degrees 46 minutes 20 sec<ii\iliIEast Ii distance of 75 feet ,to'8 point on the dividing line between Lots NasA and 5 ,of~d Plan, the Place of BEGINNING. _ - , CONTAlNI.NG 1.7'7,817.94 square feet, 4.0821. ~crils:: Togellier with the rigllt,to use a 25 foot wide, right-of-way acrossthe,Nortliem portion of Lot No.4, the centet lI'.!e of Which continues- afongthedMdlngline between Lots Nos. 2 !II1d.4 andLols Nos. 2 and 3 on the Su~lvlslon Plan to lheWestem side Of Old Willow MHI.Rosd. . ,~~#38:-1~~61__ ~~"~~- "",.,,- . '.,. EXHIBIT , z . . ~ ,- I.. r~ ~- w ~ ,,~ ~~~ IIi ,. ,\$ I ~-- . Return To: Chelsea Settlement Agency-Harr 1000 North Front Street Suite ,501 Wormleysburg, PA 17043 Prepared By: Parcel Number: 3'&-1L/- 6~L/ <6 - 0 tJjL/ - [Space Above This Uue For Reconliug DaIa] DEFINITIONS MORTGAGE . ,. '" . - ,-- '.! ~'" -), " J' 125361 I hereby certify that this is a true and correct copy of the OriginC7nt.! Words used in multiple' sections of this documeut are defined below and other words are defined' in Sections 3, 11, 13, 18,20 and 21. Certain roles regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. (B) "BolTOwer" is RALPH CHARLES CRONE Borrower is the mortgagor under this Security Instroment. (C) "Lender" is Eastern Savings Bank, fsb Lender is a 'Federal Savings Bank April 11, 2000 ;:::,: .... ~~. Mo< ",~"M "",,,,",n VMP MORTGAGE FOAMS. (800)621-7291 Ii r , ~. EXHIBIT ,C!> Form 3039 3/99 1111I1""l1t~1111I1 ~III; lijll ~f I. ~ .." ,- ~-- ., , ' " ~- -- - ~- ~~,,",E 125361 orgmilied and existing under the laws of Lender's address'is 11350 McCormick Road, The United States of America Ste. 200, Hunt Valley, MD 21031 Lender is the mortgagee under this Security lfnstroment. (D) "Note" means the promissor,y note signed by Borrower and dated April n, 2000 The Note states that Borrower owes Lender One Hundred Sixty Two Thousand Five Hundred and 00/100 Dollars (U.S.'$ 162,500.00 ) plus interest. Borr09ler has promised to'pay this debt in regular Periodic Payments and to pay the debt in full not later than April 17, 2015 ' (El "Property" means the property that is described below under the beading 'Transfer of Rights in the Property. ' (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under tllis Security Instroment, plus interest. ((;) "Riders" means aU riders to this Security Instromenl' that are executed by Borrower. The following riders are to be executed hy Borrower [check box as applicable]: o Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider o Balloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider OVA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations; ordinances and administtative roles and orders (that bave the effect of law) as well as all applicable final, non-appealable judicial opinions. (l) "Community Association Dues, Fees and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Eleclronic Funds Transfer" means any tl'lll!Sfer of funds, other I:\)an a transaction originated by check, draft, or sbnilar paper instroment, which is initiated through an electronic terminal, telephonic instrument, computer, Or magnetic tape so as to order, instruct; or authorize a financial institution to debit or credjt an account. Such term includes, but is not limited to, point-of-saIe transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means lhose items that are described in Section 3. (Ll "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, Or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresentlltions of, or omissions as to, the value and/or condition of the PrORerty. (M) "Mortgage Insurance" means insurance protectit!g Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (Ii) any amounts under Section 3 of this Security Instrument. ~ InItf~ cD-sePAl (9912) Page 2 of 16 Form 3039 3/99 <I> u" ' ~"1!i"""'" ~- ~~...o " .- - ," '--' I-. _. "" . 321,w_,", -\ .J. ALL that certain lot of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 5 on a Subdivision Plan prepared for Georgella M. CrOne by Whiltockand Hartman, Registered Engineers, ,and recorded in the Office ,of the Recorder of Deeds for Cumberland County in Plan Book 60, Page 130, bounded and described as follows: ' , " ,. , ' BEGINNING at a point on the Westem side of Old Willow Mill Road, as it appears on said Plan, which point is also on the dividing line between Lots Nos. 4 and 5 on said Plan; thence along said dividing line, North 79 degrees 25 minutes West 402.72 feetto a point; thence continuing along said dividing line, North 2 degrees 42 minutes 40 seconds East 316.86 feet to a point on line of land now or formerly of Ernest Clawser, Sr., and Nell L. Clawser, his wife; thence along said line of Clawser, South 89 degrees 17 minutes 40 seconds West 370.03 feet toa point in line of land now or formerly of David Thumma Heirs; !Iience along said land of Thumma Heirs, South 8 degrees 6 minutes West 407.76 feet to a point in line of property now or formerly of Jay H. Smith; thence along said land of Smith, North 82 degrees 43minutes East 301.05 feet to a point; thence continuing lllong said land Of Smith, South 79 degrees 25 minutes East 490.25, feet to a point on the Western right-of-way line of Old Willow Mill Road; thence along said Western right-of-way line, North 21 degrees 45 minutes 20 seconds East a distance of 75 feet toa point on the dividing line between Lots NosA and 5 of said Plan, the Place of BEGINNING. CONTAINI,NG 177,817.94 square feet, 4.0821 acres.. Togelllerwith the right to use a 25 foot wide right-of-way acrossthe:Northern portion of Lot No.4, the center line of which continues along the dividing line between Lots Nos. 2 !lInd.4 and Lots Nos. 2 and 3 on the Subdivision Plan to the Western side Of Old Willow Mill Road. Parcel-#38-14-oil411-o64 _ Premium Rate $1.102.00 Endorsaments $150.00 "'. -." jo.: - . , . . ~:- :.' . . (1999114890112) ,~j".~~j" ~--~I'I-' "''''~~ ;,- -" ~ - "" ,","","" -"~~~j,"S 1 " "_0'" (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they migh!be amllllded from time to , time, or any, additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrnment, "RESPA" refers to ail reqnirements and restrictioilS..that are Imposed in regard to a "federally related mortgage loan" even if the l..Qan d';,es not qualify as a "federally related mortgage loan" underRESPA. (P) "Successor in Interest nf Bnrrower" means any party that has takllll title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instnlment. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instmment secures to Lender: (i) the repaymllllt of the Loan, and all renewals, extensions and modificationS of the Note; and (ii) the petformance of Borrower's covenants and agreements under this Security Instrnmllllt 8lId the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender 'the following described property located in th~ County (Type of Recording I.riml;.l!on) , of Cumberl.and _ [Name of RecordiQg Jurisdiction]: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the addresll of 1311 OLD WILLOW MILL ROAD Mechanicsburg ("Property Address"): ICity} , Pennsylvania 17055 [Stre"l (Zip cod.1 TOOElHER 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 sba\I also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as,the "Property." G.6IPAI,ss12' '" PliIve 3 of16 U Initials: , Form 3039 3/99 ~ tl<'. ~.. _ 6~ ,~ - . - i..U/!il ~:/i!t\Ii!!ii> ""\. , BORR.OWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and bas the right' to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of reco,d. Borrower Wl!mUlts and will defend generally the' title to 'the Property against all c1sims and demands, subjecl to any encumbrances of recant .." .. 11Ds SECURITY INS1RUMENT combines uniform covenants for natiooal Use and non-uniform covenants with limited variations by jurisdiction to constitote a uniform security instmment covering real property . UNIFORM COVENANTS. Borrowef and Lender covenant and agree as follows: 1. Payment of PrIncipal, Interest, Escrow Items, Prepayment Chuges, and Late Charges. Borrower shall pay wilen due the principal of, and interest on, the debt evidenced by the Note and any prepaym.ent charges and late charges due undef the Note. Borrower shall also pay fund.q for Escrow Item.. pu.....antto Section 3. Payments due under the Note and this Security Inslrument shall be ~de in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note Of this Security Instrument is retomed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank cbeck, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instnun<ontality, Of entity; or (d) Electronic Funds Transfer. Payments' are deemed received by Lender when received at, the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan cunent, without waiver of any rights hereUllder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments' at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on UIIapplied funds. Lender may hold such unapplied funds until Borrower lIIllkes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender sban either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under tbe Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under, the Note and this Security Inslrument or performing the covenants and agreements secured by this Security Instrument. , 2. ApplicatioD of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due UDder the Note; (b) principal due under the Note; (c) amounts due UDder Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became dire. Any remaining amounts shall be applied ftrSt to late charges, second to any other amounts due under this Security Instroment, and then to reduce the principal balance of the Note; If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received """........'" ""..".""...r.. '"ri.n, - ;f,'" ":A-}"""" ~ '" .-6IPAI(99121 "",.4.1,. ~ F.rm3039 3/99 '" ,- ~ iIlI "".......'.. ,L ,~ -.,,",' ~ I ,~" ~-"~'~~l '1 paid in full. To the extent that any excess eldsts after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments ~a11 be applied first to any prepayment charges and then as described in the Note. ' Any application of payments, insurance proceeds, or Miscellsneous Proceeds"to principal due under the Note shall not extend or postpone the due date, or cl!ange the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts due for. (n) taxes and asses_ents and other items whicb can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if sny: (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items. ' At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowed by Borrower. snd such dues,fees,and assessments' shall be sn F..scrow Item. Borrower 'shall promptly fu;.;usb to Lender all notices of amounts to be paid under this Section. Borrower shaIl pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligatiol1 to pay the Funds for sny or all Escrow Items. Lender may waive Borrower's ohligation 10 pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of snch waiver, Borrower ,shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds bas, b,een waived by Lender and, if Lender requires, shall furnish 10 Lender receipts evidencing snch payment within such time period as Lender may require. BorroWer's obligation to make snch paym~ts and to provide receipts shall for aI1- purposes' be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant snd agreement" is used in Section 9. If Borrower is obligated 10 pay Escrow items directly; pursuant 10 a waiver, and Borrower fails to pay the amount due for sn Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Leader may revoke the waiver as to sny or aI1- Escrow Items at any time by "a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient 10 pennit Lender to apply the Funds at the time specified under RESP A, snd (b) not to exceed the maximum amount a lender can require nnder RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estim81es of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shaIl be held in an institution whose deposits are insured hy a fedetaJ agency, instmmentaJity; or entity (including Lender, if Leilder is an institution whose deposits are SO insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no l'Iter than the time specified under &ESP A. Lender shall not charge BotTOwer for holding and applying the Funds, annUally analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender tQ make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest G-6IPAI199121 , ~ P8uo6of18 Inll"~ Form 3039 3/99 ~ -',~, ~ ~=-~""'~ "~ "'" . ,~ . ,-, """,,-,~ ~ ~'-, :00:*'$, ~ r shall be paid on the Funds. Lender shall give to Borrower, without charge, an annnal accounting of the Funds as required by RESP A. If there is a surplus. of Funds held in escrow, as defined under RESP A, Lender shall account to BorrOwer for the excess funds in accordance with RESPA. If there is a shortage'of Funds held in escrow, as defiJ1ed under RESPA, Lencler shall notllY Borrower as required by RESPA, and Borrower shall pay to Lender the amolllit necessary to make up the shortage in accordllDce with RESP A, but in no more than twelve monthly payments. If there is a deficiency of Funds held ,in escrow. as defined under RESP A, Lender shall notilY Borrower as required by RESPA., and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security lnsttument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower sball pay all iaxes, assessments, cbarges, fines, and impositions aUributahle to the Property which can attain priority over,this Security Inslnlment, leasehold payments or ground rents on the, Property, if any. and Community Association Dues, Fees, and Ass";'ments, if any. To the extent that these items are Escrow Item.q. Borrower shall pay them in the manner provided in Sectioll 3. Bo~wer shall prolllplly discharge any lien which has priority over this Security Instrument ullless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner ~lable to Lender, but only so long as Boirower is perfonning such agreement; (b) contests the lien in good faith by, or defends against enfon:ement of the lien in, legal proceeding. which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, bnt only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instroment. If Lender determines that any part of the Property is subject to a lien which can allllin priority over this Security mstroment, Lender may give Borrower a notice identilYing the lien. Within 10 days of the date on which that notice is given, Borrower shallsatislY the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge fora real eslate lax verification and/or reporting service used, by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements nOW existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,' and any other hazards inclnding, but not limited to, earthquakes and floods, for which Lender requires insurance. This inSUt'llllce shaH be maintained in the amounts (including deductible levels) and' for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of , the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender lUay req\lire Borrower to pay. in connection with this Loan, either: (a) a one-time Ch!l1"3e for flood zone detennination, certification 'and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. ,Borrower' shall also be responsible for the payment of any f.... imposed by the Federal Emergency Management Agency in connection wit1' the , review of any flood zone determination resulting from an objection by ,Borrower. .-6IPAIl99'2' ... P-oo 6 of 16 I~l~~ Form 3039 3199 . ==""""~ '".~ ~ "'"" . . ' I, " ~.--~" " - ~" lMl~'"~ '--'. ~ i If Borrower fails to maintain any of the coverages described abov~, Lender may obtain insurance ' coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any ,particular type or.amount of 'coverage. ,Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the PtliJlC!rty, against any risk, hazard or liability and might provide greater or lesser c])verage than WIIS previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 sball become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. AU insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall bave the right to hold the policies' and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and , renewal notices. If BotTOwer,obtains any form of insurance coverage, not otherwise required by Lender. for damage to, or destruction of, the Property, sucn policy shall. include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Uuless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall b~ applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shaIl have the right to hold such insurance proceeds until Lender bllS had an opportunity to inspect such Property to ensure the work: has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender mar disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments lIS the work is completed. Unless an agreement is made in writing or Applicable u.w requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or, earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall ,be the sole obligation of Borrower. If the restoration Or repair iil not economically feasible or Lender's security would be lessened., the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether, or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shaIl be applied in the order provided' for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier hIlS offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note orthis Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under .all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. G-6IPAI199'2l <II Pega7of18 In~,,~7 Form 31139 3199 ~~ ,,"" ~ ",. ~ >.~ '-'ll<tiih,; ," /. ,', J 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the 'execution of this Security Instrument and shllll,continue to occupy the Property as Borrower's principal residence for at least one year after the'date of occupancy, unlesS" Lender othetwise agrees in writing, which consent shall not be unreasonably withlii.ld;' or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Proted1on of the Property; lnsped1ons. Borrower shall not destroy, damage or impair the Property.. allow the Property to deteriorate or commit waste on the Property. Whether' oroot Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due 10 ita condition. Unless it is determined pursuant to Section S that repair or restoration is' not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnaiion proceeds are "paid in connection with damage 10, or tbe taking of, the Property, Borrower shall be feSpODBible for repairing or restoring the Property only if Lender bas released proceeds for. such p,urposes. Lender may "isburse proceeds for the repsim and restoration in a single payment or ina series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient 10 repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion, of such repair or restoration. Lender or its agent DIllY make reasonable entries upon and inspectioDB of the Property. If it bas reasonable canse, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior 10 such an interior inspection specifying such reasonable canse. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading, or inaccurate information or statements 10 Lender (or failed 10 provide Lender with DIllterial information) in connection with the Loan. Material representations include, but are nOl.limited to, representatioDB concerning Borrower's occupancy of the Property as Borrower's principal residence. ' 9. Proteclion of Lender's Interest in tbt: Property and Rights Under this Seanity lnstrument.lf (a) Borrower fails to perform the covenants and agreements contained in this Security Instrumeot, (b) there is a legal proceeding that might significanllyaffect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding'in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or 10 enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in, the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are Dot limited tu: (a) paying any SUJ118 seeured'by a lien which bas priority over this Security In..troment; (b) appearing in court: and (c) paying reasonable attorneys" fees fu protect its interest in the Property and/or rights under this Security Instnlment, including ita secured position in a bankruptcy proceeding. Securing the Property mcludes, but is not limited to, entering the Property to make repairs, change locks, replace or board ,up doOrs and windows, drain water from pipes, eliminate building or other code violations or, dimgerons conditions, and have utilities turned on or off. Although Lender DIllY take action under this Section 9, Lender does not have 10 do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actioDS authorized under this Section 9. (if? Inlfla G-S(PAI199121 PageS of 16 Form 3039 3/99 .. _. , , .,' ~ I ,-. ,. " -" - ~- D-.J...i!il;\ii%' "J ,;c, j'e -~ -~ ) Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the, Note rate from the date of disbursement sod ,shall be. payable, with such interest, ,upon 'notice ,from Lend....:lo', Borrow.... requesting payment. If this Security Inslnnnent is on a leasehold, Bom>wer shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, theieasehold sod the fee title shall not merge uDless Lender agrees to the merger in writing. 10. Mortgage Ins~ If Lender required Mortgage Insursnce as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lend.... ceases to be available from the mortgage insurer lhat previously provided such insurllnce and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substsntially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equiVal.ent.to, ,the cast to Borrow.... of the Mortgage Insurance previously in, effect, from, an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to'Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reser,ve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in t\JII, sod Lender 'shall not be required to pay Borrower soy interest or earnings on, such loss reserve. Lender CIU1 no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requites) provided by so insurer selected by Lender again becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lend.... required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in acC9rdaQce with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing iJi this Section 10 affects BOtTower's obligation to pay interest at the rate provided in the Note. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All MisceUaneous Proceeds are hereby lISlIigned to and Sha11 be 'paid to Lender. If the Property is damaged, such MisceUaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasil/le and Lender's security is not lessened. During such repair sod restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work: has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs sod restoration in a single disbursement or in a series of progress payments as the work is completed. Unless so agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower soy interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would , be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, G-6(PAI (99'21 ... 4? " InItial. Form 3039 3/99 Page 9 0' 18 ".- """" ".. ~k.,_ -'-_t- , I ~. fiif~G2-;- c' ,'71 'lJ. ' ! -Ii whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. , In. the event of a total taking, destruction; or loss in vaJueiJfthe Property, the Miscellaneolls Proceeds shall be applied to the sums secured by this Security Instrument, whether"or not then due, with the excess, if any, paid to Borrower. l'n the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or 1088 in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the parlial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the SUDlll secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or 'loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the' fait ,1D8f!<et value of the Property imniOdiately" befo-re the partial taking, destruction, or loss in vallie is le.stban the amount of the sums secured inunedialely before the partial taking, destruction, or loss in value, unless Borrower and Lender otberwise agree in writing, the Miscellaneous Proceeds shall be applied to the slims secured by this Security Instrument whether or not the sums are then due. ' If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defmed in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower bas a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or oIt!er material, impairment of Lender's interest in the Property or rights under this Secuiity Instrument. Borrower can cure sucb a default and, if acceleration bas occurred, reinstate as provided in Section 19, by causing the action or proceeding 10 be dismissed with a ru1ing that, in Lender's ju~t, precludes forfeiture of the Property or other material impairment of Lendet's interestm the Property or rights under this Security Instrumeot. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby lIS$igned and shall be paid to Lender. All Miscellaneous Pro~eeds that are not applied to restoration or repair of the Property sball be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbeal'!!Dce By Lender Not a Waiver. Extension of the lime for payment or modification of amortizslion of the sUms secured by this Security Instrument granted by Lender to Borrower or imy Successor in Interest of Borrower shall not operate to rel~e the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to conunence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise mo~if'y amortiz.a!ion of the sums secured by this Security Instrument by reason of any demand made by the original , Borrower or any Successors in Interest of Borrower. Any forbesrance by Lender in exercising any right or ,mu:,~ CIil-6(PAI ".1.. ' ....'O.f'S I~ Form 3039 3/99 e ,~1 '" ~ '---,," ,- ~- "'.. .'ai,f@l\$:~ '"i, 1~" ~ remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the, exercise of any right or remedy. , . 13, Joint and Several Liability; Co-signers; SUCl:l'SSors and Assigns Bound. BOlTOwer coveoants alid agrees that Borrower's obligations and liability sball be joint and several. However, any BOlTOwer who co-signs this Security Instroment but does not execute-'the Note (a "co-signer"): (a) is co-signing this Security Instroment only to mortgage, grant and convey the co-signer's interest in the P~perty under the: terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instroment; and (c) agrees that Lender and any other Borrower can agree to extend, modifY, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. SubjeCt to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and i. approved by Lender, shall obtain : all of Jlc:>rrower's rights and, benefits uo<ler this Security Instl11ment. Borrower shail,notbe released frpm, Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors IUld assigns of Lender. 14. Lnan Charges. Lender may charge BolTOwer fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' f_, property inspection and valuation fee.. ' In regard to any other f_, the absence of express atifuority in this Security Instnunent to charge a specific fee to Borrower shall not be constnJed as a prohibition on the charging of such fee. Lender may not charge fees thl.t are expressly prohibited by ,this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest Or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) IUlY such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a diiect payment to BOlTOwer. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. , 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instroment shall be deemed to have been given to Borrowe,r when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notic,e to anyone Borrowersball constimte notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notiCe to Lender. Borrower shall promptly . notifY Lender of BOlTOwer's change of address. If Lender specifies ~ procedure for reporting Borrower's change of address, then, Borrower shall only report a change of address through that specified procedure. """''''''''' _......... """'........... om. "'""'" ~.." - '- "" Inldal. .. -6IPAI199121 .... 11 .flG Form 3039 3/99 'I> ~.~~d~'~~" M...~.J. ",..; ~ -, .', -~ ~=' I "~ ~-," - ~ '.c'" "",~-,," .-"'~ '-'ig3if' notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower, Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender'imtil actually received by Lender. If any notice required by this Security Instrument is also 'required under Applicable Law, the Applicable Law requirement will satisfY the corresponding requirement under this Security Instrument. - Hi. Governing Law; Severability; Rules of Construction. This Security Instrument sball be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and ohligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.' Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be snent, but suchsUence shall not be construed as a prohibition against agreement by contract. In the event 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. . As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular sball mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any actinn. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of,the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or anypsrt of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such el\ercise is prohibited by federal law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from" the date the notice is given in accordance with Section 15 within which Borrower must pay all 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 notice ,or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower sball have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specifY for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those cooditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instnuneot and the Note.. if no accelel1ltion 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, property inspection and valuation fees, and;:Jf)!;J incurred for the IrnUa~ G-6tPA1199'21 ....'20"6 Form 3039 3/99 <1> .. , ~ 'ili.' ~- p- -~ ,,-'-'~ ,-' ~ ~ T _. -"-,"ooil1""_ ~) ~ ",' purpose of protecting Lender's interest in the Property and rights under this Security Instroment; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this SecurIty Instroment, and Borrower'S obligation 10 pay the suniB secured by this Security InstrUment, shall cO';!inue unchanged. Lender may require that Borrower pay.such reinslatement sums and expenses in one or more of the following forms, as selected by Lender: (a) 'cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided atIY such check is drawn upon an institution whose deposits are Insured by a federal agency, instrumentality or entity; or (d) Electronic Fonds Transfer. Upon reinstatement by Borrower, this Security Instnlment and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right 10 reinstate shall not apply in the case'of acceleration under Section 18. 29. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial iitte_t. in the Note, (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrnment and performs other mortgage loan servicing obligations under the Note, Ibis Security Instrument, and Applicable Law. There also mlght be one or more changes of the Loan Servicer I\l\relnted to a snle of the Note. If there is a change of the Loan Servicer, BorrowerwiIl be given written notice 'of the change which win state the name and address of the new Loan Servicer, the address to which payments should be made and atIY other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note; the mortgage loan servicing ohligations to Borrower will remaiI1 with the Loan Servicer or be transferred to a successor Loan Servicer and are \lot assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither BOrrower nor Lender may commence, join, or be joined 10 any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to Ibis Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice 10 take corrective action. [f Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursUant 10 Section 22 and the notice of acceleration given 10 Borrower pursuant 10 Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in tlUs Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollUtants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile sulvents, materials containingasheslos or formaldehyde, and rsdioactive materials; (b) 'Environmental Law' means federal laws and laws of the jl\risdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup' includes any response action, remedial action, or removal aciion, as defmed in Environmental Law; and {d) an 'Environmental , Condition' means a condition that can cause,_ contribute to, or otherwise trigger an Environmenlal Cleanup. ~ Inltle . G-6lPAll..121 .....13.'1. Form 3039 3/99 "" . . ~ --, .~~ ".,~- , - '"" '~llijI Bon'Ower shall not cause or permit the presence, use, disposal" storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, an.or in the Property. Bon'Ower shall nat da, nar allow anyone else ta do, anything affecting the Praperty (a) that is in violation afany,.Enviranmental Law, (b) which creates an'EnvirOnmental Conditian, .or (c) which, dueto the pi-esence, use, or release ofa Hazardous Substance, creates a conditian that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, cOr storage on the Property .of small quantities of Hazardous Substan_ tbat are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written natice of (a) any investigatian, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous ,Substance .or Environmental Law of which Borrower has actual 'knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous SlIbstance which adversely affects the value of, the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediatian .of any Hazardous Substance affecting the Properly is, necessary, Borrower sball promptly take all necessary remedial, actians in accordance with, Environmental Law. Nathing herein' shall create any obligation on Lender for an Environmental CI_up. NON-UNIFORM COVENANTS: Borrower and Lender further covenant and agree as follaws: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleratlQn following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceler&ion under Section 18 unless Applicable Law proVldes otherwise), Lender shaD notify Barrower of, BDlong other thillllS: (a) the default; (b) the actio.. required to core the default; (e) when the d,efault must be eured; and (,d) that failure to cure tlte, defaul, t lIS s.peeI,' 'fied ,ma, Y nsuI, "t" ',in acceleration of the sums secured by this Security Instrument, foreclosUre by jQdieialproeeeiliog. and sale of the Property. Lender sbaII further infonn Borrower of the right to reillState after aeeeJ.eration and the right to assert in the foreclosure proCelldlng the DO\l-existence ofa default or any other ' defense of Borrower to acceleration and forecloSure, lfthe default Is not eured lIS specified, Lender at , . its option may require immediate payment in full of all sums secured by this SecurityJn$trument without further demand and may fareclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, inetuding, but not limited to, attorneys' fellS and costs of tItle evidence to the extent pennitted by AppHcable,Law. . 23. Release'-Upon paymentof all sums secured by this Security Instroment, this Security Instroment and the estate eonveyed shall terminsto and become void. After such oceurrence, Lender shall discharge and satisfy this Security Instroment. Borrower shall pay any recordation coats. Lender may cbarge Barrower a fee for rel_ing this Security Instroment, but anly if tbe fee is paid to a third parly for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to en(orce this Security Instrument, and bereby waives the benefit of any p~t ar future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemptian. ' , 25, Reinstatement Period. Barrower's time ta reinstate provided in Section 19 shall extend to one haur prior ta the commenCement .of bidding at a sberiff's sale or ather sale pursuant ta this Security Instromenl. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to ,Borrower to acquire title to the Property, this Security Instnlment shall be a purchase money mortgage. 27. Interest Rate After Judgment. Barrower agrees that the interest rate payable after a judgment is entered on the Nute or in an action .of mortgage foreclusuro shall be the rate payable from time to time under the Note. ~ ..6(PAIl9912' P81;Itl14of16 I Form3039 3/99 <<> """_.h"'~>~ b'> , - !"'~': i ~ ,-t BY SIGNING BELOW, Borrower accepts and agrees 10 the lerms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with jt. Witnesses: ~-'~ J5.jft.~ ~ (Seal) ~Borrower (Seal) -Borrower (Seal) ~Borrower ~(PAlI99121 (Seal) -Borrower H CHARLES CRONll (Seal) -Borrower (Seal) -Borrower (Seal) ~Borrower (Seal) -Borrower Page16of1e: Form 3039 3/99 "d , I ~ " ~" Ir.i.~~~i h' ~ Certili~ Residence '"",-::::> I, r'A,l!.te.e- L bt5<-<-U the correct addre.s of the within-named Mortgagee is , do hereby certify that 11350 McConmick Road, ~te. 200, Hunt Valley, MD 21031 Witness my hand this llat day of April, 2000.. ~Au7Q-~ Agent of Mortgagee COMMONWEALTII OF PENNSYLVANIA,. c..UI11. & ee~ County ss: On this, the llat day of April, 2000 undersigned officer, personslly appeared RALPH CHARLES CRONE , before me, the NoIaIlal Seal , I"Il\)\\O Pab\e8,' R. eozzo." ' ,~, !IlY," ,Oo\IllKL _ CU.......'D.N. , ~mlssIOn.Elql.I.. Feb.atl. ' M8Il1b8r, PenI\SYI'IInIll AuOCIIlIIOh Ilt NlllIlrtll!l known to me (or satisfactorily proven) to be the person(s) whose nsme(s) is/are subscribed to the within instrument sod acknowledged ~elthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto ~t my hsod sod official seal. My Commission Expires: af;) 3/04 ~d~~ AJ[)~J ~< ~ ' TIde of Officer --6IPAI...,21 -. ' "-oe1Sof 18 -!JL Form 3039 3/99 ,'~ !!!!!!!!!!!!!!! _.,,"-",'m~~~' 'L~ ,,," II 1 -" .. If I BALLOON NOTE I '-') (Fixed Rate) THIS LOAN IS PA Y ABLE IN FULL AT MA TURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WlI,["cTHEREI10RE. DE REQlIlIlEU TO MAKEPAVMENT OlJT OF OTHER ASSEl'S THA:r VOU MAV OWN, OR VOU WILL HAVE TO FINO A LENDER, WHICH MAYBE THE LENDER YOU HA VE THIS LOAN WITH, WILLING TOLEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. ' 04/l 1/00 Date Mechanicsburg City State . PA 1311 Old Willow Mill Road PrQperly Addre$! Mechanicsburg City PA 81m,. 17055 Zip Code I. BORROWER'S PROMISE TOPA Y III return for a loan. that 1 bave received, 1 promise to pay U.S. $ 16~,500.00 (this amount is called "prindpalU). plus interest. \0 'ole order ofthe Lender. The Lender is Eastern Savings Bank, fsb. Execlllive Plaza 11. Suile 200, 11350 McConuick RQad, Hum Valley, MD 21tH!. (t1UdCl'S1.md (h"t (he Lender may IHlI\sfcr'thifi Nolc. The Lender or 11l\)'OIlC who la~c~ 11Iis Note by transler and who is cnliHcd La receive pl1ymcnls undcr this Nole is calJed Lite "Nole Holder"_ 2. INTEREST Inlerest will be charged on unpaid .principal t1l1fillhe full amount ofpriucipal bas booll paid. I will pay iutcrest ill a yearly rateof 15.150 %. The interest lale required by this Sec\iol12 is the rate 1 wiU pay botb berore nnd,al'1er auy defauH described ill Section 6{B) of th.is Note. 3. PAYMENTS (A) Time and Place of Payments } will pay priucipal and interest' by making paYllieuts every 1I101lth. I will make my montbly pa}?Jlcnts on tlie 17th day 01 each month begimullg all May 17 ,2000. I will make these payments every monUl until I have paid aU of tile principal ,and interest alID. all)' other charges described below tilat I may owe under this Note. My ll\ontltly payments will be applied to iuterest before prim::ipnL If, on April t 7 , 2015 ,1 still owe'amonnts under this Note:;, J will pay those amouuts in full 011 that date. which is called the "malurity date." If I fail to pay this Note in full all or before the maturity date, I wiU pay interest from and after tJle maludlY date UpOII the unpaid pllncipaJ balance at the rate of intereSt prevailing under tltis Note. . 1 will nwke my monthly payments at Eastern Sewings Bank, fsb, Executive Plaza 11, SuHe 200, t t350 McConllick Road. Hunt Valley, MD 2\031 or ala diffetent place if required by tl}e No1e Holder. (B) Amount of Monthly Payments My montJlly payments will be in tIle amount of U.S. $ 2,074.23 4. BORROWER'S RIGHT TO PREPAY Sllbject,to the terms oflhis pllragroph, I hnvc lhe righllo ll1f1ke pllymenl5 of principal ilt any lime bcforc Ihcy tire due. A - payment ofprilleipaJ only lskuowu as a "prepaynlcllt." Wbelllmaken prepayment, I win teU the Note Holder ill writing that I l-llll doing so. During tbe first five (5) years ofthis loan. Borrower mny prepay tbe loon ill an amount"l1ot exceeding twenty percenl (2U%) of.the original \lrillCipal amoun! in any twelve (12.ILUonth period without penalty. However, during the first five (5) years qf this loan. a prepaymenl charge will be imposed 011 any amollul prepaid in /lny Lwelve (12) monLh period ill excess oflwenly percelll (20%) oHlle originnl principal amounl ortbe loau. The 10lII1 imposed slmlJ be an amount eqlml to the pOYlllenl of six (6) months advance i11terest 011 the entire llll10Wlt prepaid if lhe amount of lhe prepayment is in excess of twenty percent (20%) of the original principai ampul1t. After'the first five (5) years of this loan, there shan be. no prepayment penalty. Ifl make a partial prepayment, \here will be no cbanges in tbe due date or in the al\\o\U\t of my monthly payment unless the Note Holder agrees in writing to those c11anges. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loa1l charges. is finally interpreted so that tbe interest or other loan charges.collected or to be collected in connection with this loan exceed tile permitted limits. tben: (i) any such loan cbarge shaU be reduced by tl\e amo\m\ necessary to reduce the charge 10 the permitled limit; and {Ii} any sums alrendy CQllected fTom me wbi9h e:<<:eeded 'pCrtlliUed limits will be refunded to me. The Note Holder mlly choose 10 Il\ll~e this refund by reducing the principal I owe under this Nole or by makiug ill direct paYJueul to me. If a relhnd reduced principal, die reduction wiJJ be trealed as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Paymellts IHhe Note Holtkr bns llOl reee.ived lbe fun lunOl\l\\ of.my I\\onlhly paYlnentby lhc eud of l5 calendar days aficr the date il is due, I will pay lllale charge 10 the Note ~older. The amount of Ihe charge will be 5% of my overdue paymenL of l)rincilXlI alld interest. 1 wiU pay this late charge promptly, bUI only once on each late payment. (8) Defa"'l , If I do not pay thefuU amount of eacb mOlllhly payment o11llie date it is due,} wil~ be ,ill default. (C) Notice of Default If I -am iu defuuh. H~ Note Holder may send me n writlCl\ notice lclli.llg me that if I do 1101 pay Ibc overdue alllount by a certain date. tile Note Holder may require me to pay immediately the fun ",nOllnl of principal which has not beell paid and alllhe interest that I owe 011 that amount. Thai date lllust be al least 30 days after the date on which the notice is delivered or mailed 10 me. (D) No Waiver By Note Hplller Evelllf. at a time when} am in default, tlle Note Holder does uot require me to pay immediately in full as described l:\bove, the NoteHohler"m still baveu\erigl,\t lO do so if1 am ill default at n \ater tune.. , "itl,-R ESBMultistlttelr.lMQrlgnge: Amortning Bl.'.llW)l\ Nute Sl6 fJ2IOO llblm~~(j.pc] . ~,~~ "-' ~' ". __~_~l.,i~~, ~. ., ~ 1253fl (E) Payment of Note'Holder'~ .s and E~pe~' I .J If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have ttle right to be paid back by me for all of its costs and eXpenses in enforcing this Note to the eK.tent Mt prohibited by applkable law. n\05e expenses include, for example. reasonable attorneys' fees, Reasonable attorney's fees shall include fees expende<l in banKruptcy proceedings filed en behalfof or against me.. . (F) NSF Charge; Lender may charge a fee of $15.00 if a check ~llblllitted by Ihe bOfl1Jwer is dishonored olllhe second pl'e.~enlmelll< 7. GIVING OF NOTICES Any notice IhallUust be given to me under tbis Note will be gi...ell by delivering it or by mailing it by first class mail 10 me at the Property Address above. A notice will be delivered or mailed to me at a different address if 1 give the Note Holder a notice of my different address. Any notice thai must be given to the Note Hol,der under this Note will be Biven by mailing it by first class mail to the Note: Holder at the address stated in Section 3(A) above or a,t a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE , If more than one person signs tbis Note, each person is fully and personally obligated to keep aU of the promises made III this Note, including the promise to pay the full amount owed, Any person wbo is a guarautor, sur~-!.y or endorser of this Note is also obligated to do these things. Any person who tak~ o....er these obligations, including the obligations of a guarantor. surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder lDay enforce its rights ullder this Note against each person individually or against all of LIS together. ,This Jneans that anyone of us may he required to pay all of the amo\1nb owed under this Note: 9. WAIVERS la.nd any other persall who has obligations under this Note waive the rights of presentment and notice of dishonor. n Presentment" means tbe right to require the Note Holder to demand payment of amounts dUe, "Notice of dishonor" means th~ right to require the Note Holder to give nolice to other persous that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uuifonn instrument with limited val'iatiol1s in some jurisdictions. In addition to, the protections given to the Note Hollier under Ihis Note, 1\ Mortgage, Deed ufTrust or Securil)' Deed (the "5et.'llrity In:'l\rul\1l.mt'''), dnl:e..{ tlll~ same llalc ns this Note. protects the Note Holder from possible lusses which might rellult if I do not keep \he promises which 1 make io lhis Note. Tbtrt Security, lnstrument describes how llud under wha.t conditions 1 may he required to -make immediate payment ill full of nil amounts 1 owe under this Note. Somel of those conditions are de.'i'cribed as follows: Transfer of the Property or n Beneficial Interest in Borrower. If all at any part of the Property or any interest ill it is sold or transferred (01' if a beneticial interest in Borrower is sold or transferred lUld Borrower is not a natural person) withoul Lender's prior written consent, lender may. at its option. require immediate payment in full of all SlIUlS secured by this Security In!'ltrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security [nstnunenL " If Lender exercises this option, Lender shall give Bortower notice of acceleration, This notice,~ban provide a period of not less than 30 days from -the date the !1otice is delivered or mailed within which Borrower must pay all sums secl~red 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 tbis Security Instrument witho~d further notice or demand on Borrower. 11. APPLICABLE LAW This Note sball be governed by the provisions of Subtitle 10 of Article 12 oftbe Coillmercial Law Article of the Annotated Code of Maryland, as amended from time to time, and ,by federal taw. , I I I i ! j , WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~~/) ., . , ' I, " , PEl CEfARLES CRONE (Seal) -Borrower (S..I) ~Borrower (S..I) -Borrower (8oal) -Bortower ISig'~ Original Dilly} , BSB Mult1smle 1st Mortgage Amortizing Banoon Note 011% Ilhhus_2a.pcl --- '''''''-> . '1>' I .' ,'~ ,_"," ~':~ ~,~~ - ~ ~~'~'-'I- Received: 1/19/01 11:21AM; 1-1$-01 ;11 :18AM;calmcQ ~~k ( 5123498669 -> THE ~AW DFFICES O~ BARBARA FE~N; Page 7 /'~.,- ( ;5'2.3498669 # 7/ 12 . Calmco ServicingL.P. P.O. Box 202710 Austin, Texas 78720-2710 Phone ( 800 ) 379..6398/Fax ( 512 ) 349-8515 . December 12, 2000, ACT 91 NOTICE TAKE ACTIO,N TO SAVE'" YOUR .HO:M:E FROM FORECLOSURE RALPH CHARLES CRONE 1311 OLD WILLOW MILL ROAD MECHANlCSBURG, PA 17055 This is an official notice that the mortaaQe on vour home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is provided in the attached Deoas. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI mav be able to help to save vour home. This Notice explains how the proaram works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselinci Aaencv. The name. address and phone number of Consumer Credit Counselina Aaencies seIVina vour County are,listed at the erid of this Notice. If wu have anv auestions. vou mav'callthe Pennsvlvania Housino Finance Aaencv toll free at 1-800-342-2397. (Persons with impaired Marina can caIlO!,} 780-18691. This Notice contains important legal information. If you have any questions. representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SOMA IMPORTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA N~TIFICAC10N OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENClA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASS1STANCEP)l.OGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA. EXHIBIT ...-.... ~J -," ~, "" "." . i -"il'''''~ " - ~" -Jtdi!!!<"';~,' Fleceived: 1/19/01 11 : 22AM; t-19-01;11:18AM;calmco ,~bK , ( 5123498669 -> THE LAW OFrIpES OF BARBARA FEIN; Page 8 ;5123498669 # 8/ 12 Act91 Notice Ralph Crone Page2 of 5 HOMEOWNER'S NAME (S): PROPERTY ADDRESS: RALPH CHARLES CRONE 1311 OWWILLOWMlLLROAD MECHANICSBURG, within CUMBERLAND COUNTY, PA 17055 10??oo6332 EASTERN SAVINGS BANK CALMCO SERVlClNG, LP LOAN NUMBER: ORIGINAL LENDER: CURRENT LENDERlSERVlCER: HOMEOWNER'S EMERGENCY MORTGj\GE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR. FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HEI:P YOU MAKE FUTURE MORTGAGE~AYMEN'I'S IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSIS'I'ANCE AC'T OF 1983 (l"HE "AC'T"), YOU MAY BE ELIGIBLE FOR EMERGENCY MOR'I'GAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 'l'EMPORARY S'I'AY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face.to-face" meeting with one of the consumer credit counseUng agencies li$ted at the end of this Notice. 'l'Hls MEETING MUST OCCUR WI1!HIN'I'HE NEXT (3D) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NO'l'ICE CAllED 'HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDI'I' COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action again$t you for thirty (30) days after the date' of this meeting. The names addresses andtele one numbers of desi nated consumer credit counsel/no aoencies for the county in which the orooertvis located are et forth at the end of this lIIotice. _ It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelvof your intentions. I '1';'1 :~~~. . ..::.~ ~- " .L , ' - ~,' i.~,t Received: 1/19/01 11: 22AM; 1-19-01 ; 1 1 : 1 SAM; ca 1 mco r,"!,l:>k ~: , 5123498669 -> THE LAW OFFICeS OF BARBARA FEIN; Page 9 /1'''''-'''' ! ;5123498669 # 9/ 12 Act 91 Notice Ralph Crone Page 3of5 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem wijhthe lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the , designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmal1<ed within thirty (30) days of your face-to-face meeting. " '.', - YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO 1;10 SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very Iimijed. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after ij receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS fOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it UD to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1311 Old Willow Mill Road, Mechanicsburg, within Cumberland County, PA 17055, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments of $ 2.074.23 per month due from SEPTEMBER 17, 2000, through the date of this letter (a total of 3 months) and each month thereafter. Accrued Late Charges due after the fifteenth day of the month through the date of this letter and each month thereafter, $ 6,222.69 $207.42 fees. $ 381.13 $ 6,811.24 TOTAL AMOUNT DUE: "I "IT"! ""........' '- h~. , " ~ I _I' W:ciliill;,","'~'_I~',if "'c'." .- ,,~ '-,'<~' Received: 1/19/01'1 :23AM; 1-19-01;11 :1SAM;calmco ~~PK . ' ( , 5123498669 ~>.THE LAW OFFICES OF BAABARA FEIN; Page 10 /"" ; 5123498669 ( # 10/ 12 Act 91 Notice Ralph Crone Page 4of5 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this ' notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH 1$,$6,811.24, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECoME DUE DIiJRING THE THIRTY (30) DAY PERIOD. PaYments must be made either bv cash. cashier's check. certilifiacheck or monev order made oavable and sent to: CalmcD Servicing L.P., P.O. Box 202711>, Austin, 'texas, 78720-2710. IF YOU DO NOT CURE THE DEFAULT.. If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, tile lender intends to exercise its rig!Jts to accelerale the mortgagei dil!bt. This means that the entire outstanding balance of this debt will be considered due immediately al'\~YOu may , lOse the chance to pay the mortgage in monthly installments. If full payment of the total amollnt past due is not made within THIRTY (30) DAYS, the lender all:o intends to instruct its attorneys to start'legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON~... The, mortgaged properly will be sold by the Sheriff to payoff the mortgage_debt. If the lender refers your case to'its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY periQd, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES .. The lender may also sue you personally for the unpaid principal balance - and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the dwault within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have,the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. Yoy may,d() so by paying the total amount then past due. plus any late or other charges then due, reasonab~ attorney's fees and costs connected with the foreclosure sale and any other costs connected with the S~eriWs Sale as specified in writing by the lender and by performing any other requirements under the morlga,ge. CUring your default in the manner s,et forth In this notIce will restore your mortgag~to the same position as if you had never defaulted. ' EARLIEST POSSIBLE SHERIFF'S SALE DAliE -- It is estimated that, the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) monttls from the dale of this Notice. 'A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of' course, the amount needed to cure the default will increase the longer you wait. You may find out afany time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Calmco SelVicing. LP P.O. Box 202710, Austin, Texas 78750 Phone: (800) 379-63981 Fax: (512) 349-8515 Contact Loan Resolution Department '1"1"1 ~'~i;::R0i.(;B'%T~i~ltig-:i;~fk)\ "'f~~ " , "" .',g,"---. Received: 1/19/01 11 : 23AM; 1-19-01; 11: 1-8AM;ca I mea P<bK ( 51234eSSde -> THE LAW OFFICES OF BARBARA FEIN; , "....... t ;5123498669 Page 11 # 11/ 12 Act 91 Notice Ralph Crone Page S oiS EFFECT OF SHERIFF'S SALE -- You should realize that aSheriWs Sale will end your ownership of the mortgaged property and your righlto occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or ..lL may not sell or transfer your home to a buyer or, transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT:. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSrnON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: See attached list -;-<.-.,1-:" Sincerely, Calmeo Servicing, LP SENT BY CERTIFICATE OF REGULAR MAILING AND BY CERTIFIED MAIL RECEIPT NO. 70001670001324154201 J . Ti"'J ,~.".~'--., J Rec'eiV'ed: 1/19/01 11: 23AM; 1-19-01 ;'11 :lSAM;cafmco ;~bK I, CRAWFORD C01JNTY Booker T. Washillglon Cen1l:r 1720 HoUand SIReI Erie,PA 16503 (814) 453-5744 FAX (814)453-5749 m.-ngo Valley UIban League, IDC. 601lndiauaAvl:llUe Farre11, PA 16121 (412) 981-5310 CUMlmRLAND COlJNTY Urban League ofMoIropolillln HalTisbwg N. 6th SIReI Harrisburg, PA'17101 (717) 234-5925 FAX (717) 234-9459 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717}334-1518 FAX (717) 334-8326 >>AllPHIN C01lNTY CCCS ofWestem PemIsy1V1111ia, 1m:. . 2000 Ling:\cstown Road Harrisburg, PA 17102 (717)541-1757 -' .~', I" "0 .~n-"," S123498~~g -> THE LAW OFFICES OF BARBARA FEIN; Page 12 r"" ;5123498669 # 12/ 12 I, ' GmIter Erie Cmmmmity Action Committee 18 Weat9lh SlIeet Erie,PA 16501 (814)459-4581 FAX (814) 451Hl161 CCCS of We stem PenasylVIIIIia, .lnc. 2000 Ling\estown Road Harrisburg. PA 17102 (717) 54\-1757 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Urban League ofMetropolillln Harriobwg . 2107 N. 6111 Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 '\ 'ITi III JoIm F. Keonedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CoDlDtllllity Action Conun of the Capital Region 1514 Deny SIReI Harrisburg, PA 17104 (717) 232--9757 FAX (717) 234-2227 FillllllCiaI Counseling Service. of FraiIIdin 31 West 3rd Street WaYnes\ioro,PA 17268 (717) 762-3285 Commuoity Action CommiBBion of the Capital Region 15 14 Deny Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 ~ 4-R~ceived: 1/19/01 11 :21AM; 1-1S-01;11:18AM;calmco ~.(bK ( \ i ~ ",-..! ", ~ I. " '~"'-''i'1'~ ~ TIt"'-, 5123496669 -> THE LAW OFFICES OF BARBARA FEIN; Page 6 # 6/ 12 7000 1670 0013 2415 4201 ~! Ml r ~ g"l" ~ ~, ,:00.1 ~ Ii u al ~i l i~ i[ ,', ~, . ~i ~! ~ 0 a -!{ -"if! . +, . f~ Ii!. ,~ ~. ~i .. l go -'" Ii ~! ~ U i i ..' : . I ~i .,. ~ 0- <:) 0 ... 0 ". 0 ." i S" ~ W W jl-> ( 'I~' I ;5123498669 , >>, one:: 3mW ~ ::0. ii~1 6' ~ ''''Fj (fl ~ ,='-\- "'m~ I' 5'Om ~5~ I ~~ 2 I 5 :)j I ~ m ,I 00 l~[! I' ii;"(J tiJ ., lQ ><>O'1i rn I J I ~ Ii g: "" .." ,"-' .~ ,~ . I . ~ " . - ., , .:.~ _'1.. VERIFICATION The undersigned, a foreclosure processor of Calmco GP LLC, General Partner to Calmco Servicing, L.P., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Amended Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT ,FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: ~~-::::, Name: Ashley Stephenson Title: Foreclosure Processor Company: Calmco GP LLC, General Partner to Calmco Servicing LP Nlli~~!ll~'fiilli*,~!!!<!"~i~Ji!1iIfiI~~~liOffi1>jili";id:'M".1'_~'''-''-f;&.t",'''I?j-",-",~~i>!i!ii:\lijm@11Mll'jJJli"'~'''lIllii-. 0'-.,,-~'" ,._", ~_ "'_=,.,.,_",''''''''''''''~.~ "~. ... ,'.~__'''''''~_,_~'''"'''__ ~, ,,~,,""'--,- ~ ,,-' -, -., ~_. - .. ., ~. ~tumli'Ji1l!i .~-. -........,.kl1l!MIJ_l"."."'~ "~ ~"i "' '.. ,~~ , ~ ~ ~ iQ.. .J::: € (") 0 0 .f0 Crt. c -,'1 8 ~: :z , ""0 eo .~-j ~ C1 J::a f1~ iTI ...... () ~ m"," :;u Z:rJ f' () z~:- ~gL9 ~ (f:-i <-~~ N ~~'-~ c.::!,~) ~ ~ , I r::fj lJ ~ ~~.. -n s~~s :?O .... p:: ~ ~o W b1'l1 "f c:: "4 $ Z C' '> :< ::0 0 -< ~ "' .. ~-" "'''''ruHr",.<l'''',",''''; SHERIFF'S RETURN" REGULAR CASE NO: 2001-01430 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DLJ MORTGAGE CAPITAL INC VS CRONE RALPH CHARLES KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CRONE RALPH CHARLES the DEFENDANT , at 0018:35 HOURS, on the 15th day of March 2001 at 1311 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 by handing to RALPH CRONE a true and attested copy of COMPLAINT " MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 6.20 .00 10,00 ,00 34.20 So Answers: r~~~ R. Thomas Kline 03/16/2001 BARBARA FEIN me this ..2.~ ~ day of Sworn and Subscribed to before By: ~ ;;LOC') A.D, ., '~'A"p/lh?!~~~;yl A 0i ...~ . .., = J. c... "~', ,J"., b "-~ lii..~'~,,-; THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff DLJ MORTGAGE CAPITAL CORP., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY v. NO. 2001-01430 RALPH CHARLES CRONE, Defendant. PRAECIPE TO DISCONTINUE CIVIL ACTION TO THE PROTHONOTARY: Kindly mark the above referenced matter discontinued without prejudice to Plaintiff. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: A. Fein, Es ire Attorney for Plaintiff Attorney I.D. 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