Loading...
HomeMy WebLinkAbout01-03064 '"' -, L'.'I II. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, P A 19110 (215) 923-2225 't' 'd.o, ". .' ,,',c. ," "^ ''';''-''i-; UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff vs. MICHAEL S. MULHOLLAND 253 E. LOUTHER STREET CARLISLE, P A 17013 REBECCA A. MULHOLLAND 253 E. LOUTHER STREET CARLISLE, PA 17013 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01- ..lcI,y C;oJT~ CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT . j,';',1 'I ",,"1 J "' -,"'" -,^ ""-:"-~:'" ". '..', -~" ,-, -- ~; NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 ",- ,~- d,," ,~ -~ ***************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ***************************************************************************** 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: oj. ..30(,'/ ~ ~ MICHAEL S. MULHOLLAND 253 E. LOUTHER STREET CARLISLE, PA 17013 CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT REBECCA A. MULHOLLAND 253 E. LOUTHER STREET CARLISLE, P A 17013 Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. Union Planters National Bank (hereinafter referred to as "Plaintiff") is a mortgage corporation, conducting business under the laws ofthe Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Michael s. Mulholland and Rebecca A. Mulholland, mortgagors hereinafter referred to as "Defendants" and GMAC Mortgage Corporation ofP A. Said Mortgage is dated August 30, 1991 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland, Pennsylvania on September 3, 1991 in Mortgage Book 1027, page 156. A copy ofthe Mortgage is attached hereto and made a part hereof as Exhibit "A". <'-' , . "--'-""...-";.-' ill'-~Y 2. Mortgage was subsequently assigned as follows: a. to Leader Federal Bank of Savings, recorded on 08/23/94, in Book 480, page 579. Plaintiff is the proper party plaintiff by way of assigrnnent to be recorded. 3. The Mortgage secures Defendants' Note dated August 30, 1991 in the amount of $59,650.00 payable to Plaintiff in monthly installments with an interest rate of 7.000%. A copy of said Notice is attached hereto and made a part hereof as Exhibit "BOO. 4. The land subject to the mortgage is: 253 East Louther Street, Carlisle, P A 17013. A copy of the legal description is attached hereto and incorporated by reference. 5. The Defendant(s), Michael S. MuTholland and Rebecca A. Mulholland are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 253 East Louther Street, Carlisle, PA 17013. 6. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance Interest Calculated to April 1 , 2001 Late Charges Escrow Attorney Fees Total $ 52,429.82 $ 1,532.32 $ 109.14 $ 316.11 $ 2.621.49 $ 57,008.88 plus interest from 04/02/01 at $12.56 per day, costs of suit and attorney fees. 6. In accordance with the provision of the Act of January 30, 1974, P.L. 13 No.6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose Mortgage is not required in said proceeding as the bona fide consideration is in excess of$50,000.00. A Notice of Homeowners' Emergency Mortgage Assistance is not required in said proceeding as the same is ;' -, . ~ ~-'-', 'i-, ~,", "-""4'1, insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C.A. Section l707-l7l5z-l8). The Defendants have not cured the default. WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendants, in the sum of $57,008.88 together with interest from 04/02/01 at $12.56 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER BY: Sharon Oras Morgan, Esq #60068 948/56407 ~~ Exhibit n A" .'~ , ','L' ", it:," w"~~~-;~ < ~.~-M:'~~,,;' '-,j.::;""1%,t" ;,'.-;', .ji,1 . -,",-" :0. 0",,:, >:"':,' -'S,': '~i:11 ,- ".,,""~~-,-=" -~':"" _.!." _..::- '''''''' _L-::.. ..,~...--~",.._- , \f6 :\I:OiJI\O:' !';- WEEDS C'.'~ERLAi'ij GOUNTY-I'A. ',,-" .-.:'y- 1'1 DLI/7 l's1~~~1t-6~ fJ u-l lull a. tA-iJ ...... -};j,-,' '",,' -'-";:.~ ";~;.i -<;j,:\,; , '91 SEP 3 AI'l 8 10 ;~~ P32 (Spate Abol'e nls Une For Recording Dalal LOAN NO: 1-573906-02 , .commonwealtb of Pennsylvania FHA Case No. 441-433811-2 729 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on The Mortgagor is - MICHAEL S. MULHOLlAND AND REBECCA A. ,i AUGUST 30, \991 MUUlOLLAND whose address is 253 EAST toUTHER STREET CARLISLEI ' PA 17013 , ("Borrower")~ This Security Instrument is given to GHAC MORTGAGE CORPORATION OF pA which is organized and existing under the laws of address is 8360 OLD YORK ROAD ELKINS PARK, PA 19117-1590 FIFTY-NINE THOUSAND SIX HUNDRED FIFTY AND PENNSYLVANIA , and whose ("Lender"). Borrower owes Lender lhe principal sum of 0'0'/10'0 ***********~************************** Dollars (U.S. $ 59.650'.0-0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if. not' paid earlier, due and payable on SEPTEMBER 01. 2021 ; . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: ACCORDING TO, SCHEDULE "A" ATTACHED HERETO AND MADE: A PART HEREOF which has the address of Pennsylvania 17013 {Street,City], 253 EAST LOUTHER STREET CARLISLE [ZIP Codel, ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents; royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that'Borrower is lawfully seised of the estate hereby conH.:yed and has the right to mortgage, grant and convey the Property and' tbat the Property is unencumbered, except for encum"raqces of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Prlncipalf..lnterest-'and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late cparges due under the Note. 2. Monthly Payments of Taxes, Imurance and Otber Charges. Borrower shall include i~ each monthly payment, together with the principal and interest as set forth in the Note and any late charges, an installment of an'y (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required by paragraph 4. I ' I GMACfPA.M lI4.C Rev. 4/91 * Page J 'f4 FilA Pennsylvania Mor,,:age - 2/91 .' !')"- cODI .' ;~, r,SE J51; fm) ""n....... '-"''t.;-.. '".,,_:;f:.. ..-.-J,....' . ='c:)f,; - ~-;;: -" .,:'-,~; ~';.~'f~-' , '..'". .,-".-;t '_"'W ",>~ ""'-";' > -'V .>, :?or. ,:-;::' ;r \;,.J:-,~~ .: :..~ "'.~ ~~_ ~'~~r ,__.' ..~'>: l Each monthly installment fer items {a), (b), and (c) shall equal one-twelfth of the annual amounts, as reasonably estimated by Lender. plus an amount sufficient to maintain an additional balance- of not more than c'ne-sixth of the estimated amounts. The full annual amount for each item shaU be accumulated by Lender within a period ending one month before an item would become delinquent. Lender shall holq the amounts l.:ollecled in trust 10 pay items (a), (b), and (c) before they become delinquent. If at any lime the tOLal orlhc paymt:llt!.> held by Lender for items (a), (b), and (c), to,gether with the future monthly payments for such hems payable to Lender prior 10 the due dates of such Items, exceeds by more Iha,\ one.sixth the estimated amount of payments required to pay such irems when due, and if payments on the Note are current) then Lender shall either refund the excess over one-sixth of the es~imated paymems or credir the excess over one-sixth of the estimated payments to subsequent payments by Borrower, at the option of Borrower. If the total of Ihe payments made by Borrower for item (a), (b), or (c) is insufficient to pay the item wh::n due, then Borrower shaJl pay to Lender any amount necessary to make up the deficiency on or before the date the item becolnes due. As used in this Security Ins~,um:ent, "Sel:retary" means the Secretary of Housing :and Urban Development or his or her designee. In any year in wblch the,Lender must pay.a mortgage insurance premium to the Secretary, each monthly payment shall also include either. (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mongage insurance premium if this Security Irlstrument h held by the Secretary. Each monthly installment of the mortgage insurance premium shall be in an amount sufficient to accuIrl'llate the full annual mortgage insurance premium with Lend~r one momh grior to the date the full annual mortga$e insurance premium is due to the Secretary, or if this Security instrument IS held by the ~ecretary, each monthly charge shall be In an amount equal ~o one-twelfth of one~half percent of the outstanding principal balance due on the Note. If Borrower tenders to Lender the full payment of all sums secured by this Securi:,y Instrument, Borrower's account shall be credited with the balance remaining for all instaUments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior [0 a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance,remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All. payments under paragraphs land 2 shall be applied by Lender as follows: First, to the mo-rtgage insurance premium to- be paid by Lender to- the Secretary or to- tue monthly charge by the Secretary instead of the monthly mortgage irlsurance premium; . Second, to any taxes, special ,~sessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; I Third, to interest due under ,the Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hl:j,~ard Insurance. Borrower shall insure all improve~ents' on the Property, whether now in existence or subsequently erected, against any haz.ards, casualties, and co-mingendes, including fire, for wllich Lender requires insurance. This insurance shalt be maintained in the amounts and for the perio-ds that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shalllnclude 1055 payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay aU outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto, In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, aU right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. llorrower shall occupy, t:Stablish, and use tIle ProperLy ~ Borrower's principal residence within sixty days afler the execution of this Security Instrument lllld shall continue 10 occupy the Property as Borrower's principal residence for at least one year after the date of occllrmncy, unll,:ss the Secretary l.lt::tC'rmillt:s this r~lluircmcnt wilt cause undue hardship for Borrower, or unless extenuating circumstances eXiSL which are beyond llorrower's co:1trol. Burrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may in~Jlccl the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasoffilble action to protc:ct and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during [he loan application process, gave materially false or inaccurate information or 101atements to Lender (or CaBed to provide Lender with any material information) in connection with the loan evidenced by the Note, including. but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower ac.'Quires fee title to lhe Property, the leasehold and fee tide shall not be merged unless Lender agrees to the merger in writing. 6. Charges 10 Borrower and Protedion of Lender's Rights in the Property. Borrower shall ,pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity wbich 15 owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's reque~t Borrower shaH promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to Perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce_ laws or regulations), then Lender may do and pay whatever is necessary te protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mention,ed in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance In place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the.order provided in Paragraph 3, 'and then to prepayment of principal. -'.;>: . GMl\C r: f-_f.M ~I"'.C RG~: 4/91 ... Pl1g~ 2 of4 , iiOoK:Uk-t PAG~ 15? u..~, - <:r" (< '" /' /' Any arplicaliOl~ of the proceeds to tlie prilll.'ipal !.hall not extend or postpone thedue,date of the monthly payments which are relerred [0 1.0 P.aragraph 2, or change the amount. of suc~ payments. Any excess. pror.eedsover an amount req~ired to pay all outstandmg mdebtedness under the NOIe and this Secunty Instrument shall be paid to the entity legally entitled thereto. S. Fees. Lender may collect' fee~ :and charges authorized by the Secretary. 9. Grounds for Acceleration, of -Debt ~a) Def~ull. Lender ~ay, e~cel?f as limited by regulatio~s issued by the Secretary fn the case of payment defaults, require Immediate payment III full ol'aU sums secured by this Security Instrument if: ' (i) Borrower derauhs by f?~ljng to pay in full any monthly payment required by this Security Instrument prior to or on the due dale of;Ihe; pext monthly payment, or _ I (ii) B';lffower defauhs~by ,failing, for a period of thirty days, to perform any other obligations contained in this Secunty Instrument. . ' . (b) ~al,: With';lut Credit A~proval. Lender shall, if permitted by applicable law and\,~'ith: the prior approval of the Secretary, reqUire Immediate payment lfl full of all sums secured by this Security Instrument if: . I (i) All or part of the 'Prcper~~, or a beneficial interest in a trust owni~g all or part df the Prope'rty, is sold or otherwise transferred (other than by deVise or decent) by the Borrower, and . . (ii) The Property is not occupied by .the purchaser or grantee as his or her principal rJ;idence, or the purchaser or grantee does so occupy the Property, but hIS or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur thai would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to :subsequent events. (d) Regulations of HUD S:e'creUtry. In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations ,of the Secretary. (e) Morlgage Not Insured. Borrower agrees that should this Security Instrument and.the.Note secured thereby not be eligible for insurance under the National Housing Act within sixty (60) days from the date hereof, Lender may, at its option and notwithstanding anything in iParagraph 9, require immediate payment in full of all sums secured by this Security lnstrument. A ~ritten statement of any authorized agent of the Secretary dated subsequent to sixty (6Q) days from the date hereof, declining to IUsure this Security Instrument and the Note secured thereby, shall be deemed conClusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's fllilure to remit a morttlage insurancc premium to the Secretary. to. Reinstatement. Uorrower)la~ a right to b~ reinstated if Lender has required immediate payment in full because of Borrower's failure 10 pay an amount dlle under the Note or this Security Instrument. Tjlis right applies even after foreclosure proceedings are instituted. To reiqstaib the Security Instrument, Borrower shall tende:- in a l4mp sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable an;,! customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement 'if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement wiII preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect' the 'priority of the lien created by this Security Instru~ent. 11. Borrower Not Released; Forb~arance By Lender Not a Waiver. Extension onhe time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. .- 12. Successors and Assigns Bound; Joint and Several LiabilitYi Co"Signers. The covenapts and agreements of this Security Instrument shall bind and benefit ~he successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co~signs this Security Instrument but does not execute the Note: (at~s c9,~signing this Security Instrument only to mortgage, gratu and convey that Borrower's interest in the Property under the:term's of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may' agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Notices. Any notice to Borrower provided for in this Security Instrument shall 'be giv~n by delivering it or by mailing it by first class mail unless applicatle law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designa~es by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's aadress stated herein or any addres$.,LenUer designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to' Borrower or Lender when given as provided in this paragraph. 14. Governing La~; Severabili'ty. This Security Instrume~ll. shall be governed ~y Feder~al law and the law of the jurisdict,ion in which the Property IS located. In the event that any pro~l~lon or cl~use of ~hls Secllflly Instrument or th~ Note con~lcts with applicable law, such conflict s'hallinot affect other prOVISions of thiS Secuflt~ Instfllment or the Note which can be given effect without the conflicting provision. To this end the provisions of this Secunty Instrument and the Note are declared to be severable. . 15..Borrower's COPy"Borrower shall be given one conformed copy of this Security Instrument. 16. Assignment of Renls. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Leljl,der's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lenl:ler's~ agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Sec~rity Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received .by Borrower shall be held by Borrowe~ as trustee for benefit of Lender only, to be applied.to the sums secured by the Secunty Instrument; (b) Lender shall be enutl~d to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. . Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 16. Lender shall not be required to. enter upon, take control of. or maintain the Property.btfore o~ after giving notice of .bre~ch to Borrower. However, Lender or a judicially ~ppoi,nted receIVer mar do so at any time there IS a .brea~h. Any applicau,on of rents shall not cure or waive any default or II1vahdate any other nght or remedy of Lender. ThiS assignment of rents of the Property shall terminate when 'the ;debt secured by the Security Instrument is paid. in full. GMAC F PA-M 3/4-C Rev, 4/91 * ~: (00 ....,...".00 bOOK 1 0, :ACE 158 . 'VJ!I Pagej 0/4 ~~. ~ Jj ,~ , ~ .",.".,,' 1-573906-02 I.....-~~ ~~-;:~!ijl~-- !I'll"'~it. .,.-,' ._"Dt}Loan No "J n. Foreclosure Procedure. ,If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by appUcable law. 18. Release. Upon payment of all sums secured by tbis Security Instrument, tbis Security instrument and the estate conveyed shall terminate and become void. After: such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to. Borrower. Borrower shall pay any recordation costs. 19. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security lnstrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 20. Reinstatement Period. Borrow-er's time to reinstate provided in paragraph 10 shall extend to one bour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 21. 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 Instrument spall !::e a purchase money mortgage. t 22. Interest Rate After Judgment" Borrower agrees that the interest rate payable after ,a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ' Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider{s) were in a part of this Security Instrument. [Check applicable box(es)J o Condominium Rider o Planned Unit De~elopment Rider i o Growing Equity Rider D Other (specify) - .lKJ Adjustable Rate Rider D Graduated Payment Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Sec.urity Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses; /~~/~~? M L S. MULHO LLAND . /-~...~ Ux. h,ffi, , 9....~"'Q 010",,1 v :. REBECCA A. MULHOLLAND' (Seal) -Borrower (Seal) -Borrower ~h~~~. (;., . <<2., A, .4&>k- I .' (Seal) -~orrow.er Page 4 of 4 (Seal) -Borrower COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County 5S: On this. the THIRTIETH. day of AUGUST . 1991 personally appeared MICHAEL S. MUUlOLLAND AND REBECCA A. MULHOLLAND , ,before me, the undersigned officer; ! '. . . . known:tome(Orsatisfa~~~:~~ ,to.,~the person(s) whose name(s) ARE ,subscnbed to the wlthm Instrument and acknowledged that ! THEY ..-:~~'#.~J~~i;'~\ ,.' _. ,;' executed the same for the purposes~h~in contained. 1 . ::~)~)!~~_tr\1;1~~:~'~",}~ ~~~ IN WITNESS WHEREOF, I:hereuoto set my hand and official~sea: ..' .1f..,.::.....,.....~m.,. :~~:~<~;~:~\.. . L ' ." :7....". ~. ." ""'\..~""",,,--........ ".,-;> j -:,';'.,e:..-'"-;",, ' - '.:;:Iv,.. -'0.....:.- ' "",,," MTAAMlS~l I 1 BONNIE L ooYlE. NOTAIlY PUBLIC I MI. HOLLY SPRINGS, FA' G!JMOenlANO CO MY COMMISSION EXPIRF.s a,croDm 17. 1991 N CERTIFICArE OF RESIDENCE I, certify that the correct address of the within-named lender is 8360 OLD YORK ROAD; ELKINS PARK, PA 19117-1590 .J witness my hand this RIETH '. day of AUGUST -... / >1 - do hereby . 1991 HOOK t 02i PAGE '15~J GMAC F PA.M 4/4-(: Rev. 4~1 ** . ^op'.,_,.,"__ ,~~~=,_~__ '^ _i.:i~; ~,,-"". ~'" I b',,",- ,-~"" , -~'_-_ Exhibit "B" '-' ,:" , l::,r~ ,,-"'-_......~.w .,_ ADJUSTABLE RATE NOTE 9:!J92J72 ~ MULTISTATE 441-433811-2 729 ./6:}, /2.. '. 1-573906-02 FHA Case No. LOAN NO. AUGUST 3D . 19 91 253 EAST LOUTHER STREET , CAR1ISLE (Property Address) ,PA 17013 1. PARTIES "Borrower" means each person sIgning at the time of this Note, and the person's successors and assigns. "Lender" means GMAC MORTGAGE CORPORATION OF PA and its successors 'and assigns. 2. BORROWER 'S PROHISE TO PAY i INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of FIFTY-NINE rHOUSAND SIX HUNDRED FIFTY AND 00/100 ************************** Dollars (U.S. $ 59t650.00), plus interest, to the order of Lender. Interest will be charged on unpaid 'principal, from the date of dlshursem(,nt of the loan proceeds by Lender, at a rate of' SEVEN AND 00/100 percent ( 7.000 %) per year. The interest rate may change in accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SEGURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument. II That Security Instrument protects the Lender from losses which might result if borrower defaults under this Note. 4. HANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on OCTOBER 01 ,19 91 Any principal and interest remaining on the first day of SEPTEMBER ,20 21 " will be due on that date, which is called the maturity date. (B) Place . Payment shall be made at 8360 OLD YORK ROAD ELKINS PARK, PA 19117-1590 may designate in writing by or at such other place as Lender (C) Amount Initially, each monthly payment of principal and intere-st will be in the amount of $ 396.85 This amount will be part of a larger monthly payment required by the Security InstrUment ~hat shall be applied to principal, interest and other items in the order described' in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. notice to Borrower. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JANUARY , 19 93 , and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with' the first Change Date, the interest ,rate will be based on an Index. "Index" meansj~lie weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Indexl' means the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer avaitable, Lender will use as a new Index any index; prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrowel. notice of the new Index. FHA HULTISTATE ADJUSTABLE RATE NOTE 2/91 FMU-ARM-N 1/3 Rev.4/91 Page 1 of 3 (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of TWO AND 50/100 percentage points ( 2.500 X) to the Current Index and rounding thelSUffi to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(0) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The interest' rate will never increase or decrease by more than one percentage point (l.OX) on any ,~ingle Change Date. The interest rate will never be more than five percentage points (5. OX) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. I (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender Will calculate the amount of monthly payment of principal and interest which would b~ necessary to repay the unpaid principal bal~nce in full at the maturity date at the new interest rate through substantially equal payments. In making such calculation,' lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new ~pnthly payment of principal and interest. . (F) Notice of Changes Lender will g,ive notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Curre1j1r:,Index and the date :it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information'which maY be required by law from time to time. (G) Effective 'Date of Changes A new interest rate calcul'ated in accordance with Paragraphs S(C) and S(D) of this Note will become effective on the Change Date. Borrower,shall make a payment in the new monthly amount beginning 'on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(&) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly paymen-t amount calculated in accordance with paragraph SeE) of this Note decreased, but Lender failed to give timely not!ce of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (1) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a tim~ly notice) or (i1) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender"s obligation to return any excess payment~with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge :or penalty, on the first day of any month. 7. BORROWER FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as describ~d in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of percent ( 4.00 %) of the overdue amount of each payment. (B) . Default If Borrower defaults by failing to pay in full any mo~thly payment, then Lender may, except as limited 'by regulations of the Secretary in the'case of payment defaults, require immediate payment in full of the principal balan~e remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. This .Note does not authorize acceleration when not permitted by HUD regulations. As used .in .this Note, "Secretary" means the Secretary of: Housing and Urban development or his~ or'~er designee. FHA MULTI STATE ADJUSTABLE RATE NOTE 2/91 FMU-ARM-N 2/3 Rev. 4i91 Pa~~ t of 3 09JB~ LOAN D: 1-573906-02 (C) Payment of Costs and Expenses If Lender has-required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. B . WAIVERS Borrower and, ci.oy other person who has obligations l.1q.der this Note waive the: rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to ,demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have rlQt been paid. . 9. GIVING GF NOTICES Unless applicable law requires a different method, any r.?tice that must be given to Borrower under this Note_ will be given by delivering i~ o~'by mailing it by fiFst class mail to Borrower _ at the property address above or .at 'a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that m~st be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. i 10. OBLIGATION OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do' these things. Any person who takes :':Jver 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. Lender may enforce its rights under this Note against--.each person individually or against all signatories together. Anyone person signing th~s Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. J~/~Jfl ~ ;I,~~L S. MULH~D .. ;' ~1:I.-~........,A['i'tI,,--",<;:o..aC>.,,",,1 V REBECCA A. MULHOLLAND \ (SEAL) !bI:l:tMor (SEAL) Borrower (SEAL) Borrower (SEAL) Borrower FIlA MULTI STATE ADJUSTABLE RATE NOTE 2/91 FMU-ARM-N 3/3 Rev. 4/91 Page 3 of 3 ( , . . I W/THOiJrRECOURSE T~TlJtQRQEROF ':< feB~P8RNmnljj PA .AYT01llE()llIlE1IQII " WI1'''OUl RECOURSE - \ 'j KfORSAVlNG$ "E'~~'..:rO"F,\l.BAN ~.,. 'B~"I)I-f;!~ ~_. -~.....~ .._~ WITHOUT RECOURSE PAY TO THE ORDER OF I i. , ~i!tl'd"'WMr.","~~~;;ialilJlij;jj<1ll..;;~i.1I~*ac"'!l"-~ok.'<i""i!-'1:,"'L,,":$I.fti.\l:jiWE"'(cl!J!j%'-,~\1I!tl1l>l1iillil'~.!illUAAllb!!_lIliIl~ ,~ .']ilL'."='-.;.,IIIiIIIIi~""-~'-."'~' * 1':J (";j ~ is ~ t) ~ ~ h 0 C)- (j C ~- ---1 a~f~:'~ .~. 8 & a ~ ....... ...:: ='~.- "'"" )0 7'[ . 1') ...... I I (i'i , -, ~ ,_., ........ ~ ~ ~~':'=: -'-" 0 >~~:i c:) i,.,.' ~ 'j :.') .:,.. J "J.J ~, (",) -, i.,.JJ;J~J'LJ~JL " "mu 1ft ,__~,LI'~"'~"'"_K~.L -)"'_~ 'c"__"''''.J'''..'. ..'.-,,_ ~~"","<",:<"".,.r ,,""'._'_" ,.,. ,;".,<- .'....0.,,,'--, ,~~, <->~ ~,,' ~ - - -"~:t!ili"'81i~'t!I\!_._ , , 'L. ~: . ,1-... .. ~!tili':<, c " CASE NO: 2001-03064 P COMMONWEALTH OF PENNSYLVANIA: COUNty OF CUMBERLAND SHERIFF'S RETURN - REGULAR UNION PLANTERS BANK N A VS MULHOLLAND MICHAEL S ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAND MICHAEL S the DEFENDANT , at 1709:00 HOURS, on the 30th day of May , 2001 at 253 E LOUTHER ST CARLISLE, PA 17013 by handing to MICHAEL MULHOLLAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 r'~Jr---~~ R. Thomas Kline Sworn and Subscribed to before 05/31/2001 MATTLEMAN WEINROTH & MILLER <~y~ By: me this ).l. '::. day of ~ 02-6tJ/ A.D. ~ () nvf~</ A~.c-. rothonotary , .7 ~ ~~~--. 4', , ~ . ,-.' , .--,-' _'J" , r .... SHERIFF'S RETURN - REGULAR CASE NO: 2001-03064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNION PLANTERS BANK N A VS MULHOLLAND MICHAEL S ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAND REBECCA A the DEFENDANT , at 1709:00 HOURS, on the 30th day of May , 2001 at 253 E LOUTHER ST CARLISLE, PA 17013 MICHAEL MULHOLLAND (HUSBAND) by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~ R. Thomas Kline Sworn and Subscribed to before 05/30/2001 MATTLEMAN WEINROTH & MILLER t~~ By: "Cl-o me this ~(, - day of ~ ,;2.001 A.D. ~o~t~'~