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HomeMy WebLinkAbout03-2781MeCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2~5) 790-~010 Centex Home Equity Company, LLC P.O. Box 199111 Mail Stop AK7 Dallas, TX 75219 Kathie Gmcz 2605 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Cumberland County Court of Common Pleas _CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your dcfenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without furlher 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO Le ben demandado a usted en la torte, Si usted quiere defenderse d.e esta~ demandas ex-puestas en las paginas sigulentes, usted tiene vemte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascntar una comparencia escrita o en persona o con un abogado y entrcgar a la cur~e en fonna eserita sns defensas o sns objeciones a las demandas en contra de su persona. Sea avisedo que si usted no se defiende, la corte ton~ra m~didas y puede continuar la demanda en contra suya sin pre'no avlso o notificacion. Ademas, ia corte puede decidir a favo~ d. el dernandante y requierc que nsted cumpla con todas las prowsiones de asta demanda. Usted puede perder dinero o sns propiedades u o~os dcrechns impormntcs para nsted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Centex Home Equity Company, LLC P.O. Box 199111 Mail Stop AK7 Dallas, TX 75219 Kathie Gmcz 2605 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Cumberland County Court of Common Pleas Number t~3 - 2/.7.OI CML ACTION/MORTGAGE FORECLOSURE 1. Plaintiffis Centex Home Equity Company, LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kathie Gruez, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 2605 Market Street, Camp Hill, PA 17011. 3. On 03/18/2002, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1753, Page 2968. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 2605 Market Street, Camp Hill, PA 17011. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $ 121,549.86 VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. CERTIFIED COPY RemmTo: CRNTEX HOME EQUITY COMPANY, LLC P.O. BOX 199111, FINAL DOCS Dallas, TX 79219 Panel Number: 01210271508 249214952 MORTGAGE DEFINITIONS Words u~ed in multiple sections of this document are defined below and other words =e defined in Sections 3/18/2002 (C) "Lender" is PENNSYLVANIA . S~n~e Farr~y - Fannie Mae'Freddie Mac UNIFORM INSTRUMENT Fomt 3039 (~-6(PA) ExhibitA 249214952 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promisso~ note signed by Borrower and dated (U.S. $ 121, S 00.00 ) plus interest. Borrower has promised tn pay th/s debt in regular Periodic (E) "Property" means the properi3, that is described below under the heading 'Transfer of Rights in thc Riders are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider [] Condominium Rider [] Second Home Rider [] Balloon Rider [] Planned Unit Development Rider [] 1-4 Family Rider [] VA Rider [] Biweekly Payment Rider / I Other(s) [spec/fy] tr~.acuons, mmsfer~ xmthted by telephone, wn'e transfers, and automated clearinghouse tnmsfers. the Loan. Form3039 1~1 De ~1 No:ea. Fo:: 20-01355720 ;LLL THAT CERTAIN LOT OR PIECE OF GROUND SITIFATED IN THE BOROUGH OF CAMp HILL, COUN~ OF CUMBERLA~ A~ STATE OF PENNSYLVANIA, BEING MOP~ PANTICULARLy BOUNDED AND DESCRIBED A~ FOLLOWS: BEGINNING AT A FOINT ON T~ SOU~ SIDE OF F~T STREET, EIGHt-THREE AND FIVE-TENT~S (83.$) FEET WEST OF THE SOUTHWEST COP. NER OF MARKET STREET AND BOWMAN AVENUE; THENCE AT RIGHT ANGLES IN A SOUTH-ONLy DIRECTIONALONG ~S NOW OR FORMERLy OF A/~NA I WOLF THO HUNDRED (200) FEET TO A 15-FOOT PUBLIC ALLEY; THENCE AT THE RIGHT ANGLES IN A WESTERLY DIRECTION ;~LONG THE NORTH SIDE OF SAID 15-FOOT ALLEy FORTY-ONCE (41) FEET TO A POINT; THENCE AT RIGHT ANGLES IN A NORTHERLY DIRECTION TWO HUNDRED (200) FEET TO MARKET STREET; THENCE AT RIGHT ANGLES IN AN ~ASTERLY DIRECTIONALONG THE SOUTH SIDE OF ~L~RF, ET STREET FORe'Y-ONE (41) FEET TO THE PIECE OF BEGINNING; CONTAINING FORTY-ONE (41) FEET IN FRONT ON MARKET STREET AND EXPOUNDING EACK AN EVEN WIDTH THO HUNDRED (200) FEET TO THE AFORESAID 15-FOOT PUBLIC ALLEY, A~ PQ%VING THEREON ERECTED A TWO ;%ND ONE-HALF STORY BRICK DWELLING HOUSE NO. 2605 ~L~RRET STREET. Page 1 of i 249214952 (O) "RESPA" means the Real Estate Sediement Procedures Act (12 U.S.C. Section 2~01 et seq.) and its implementing regulation, Reguhtion X (24 C.F.R. Pan 3500), as they rdight be amended from time to time, or any additional or successor legislation or regulation that governs the s~me subject matter, As used ia this ,S~u~ty lastsument, 'RESPA" refers to al~ requirements and restrictiom that ar~ ~'nposed ia regard to a edetally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan' unde~ R~PA. (P) "Successor in Interest of Borrower" means any patty that ~a$ taken title to thc Proparty, wbe~er or not that party bes assumed Borrower's obligations under the Note and/or ~his Security Instrument. TRANSFER OF RI~HTS IN THE P~OPERTY This Security Instnuncnt secures to Lender: (i) the ~payment of the Loaa, and all reaewals, extensions and modlficatlona of thc Note; and (fi) the performance of Bo~ower's covenants and agreements u~et this Security Ins~nunent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described pC?C?C?C?C?Ci~]~21~I~ted in the COO~q~, of [Typo of Recording Ju~Jlcflon] [N~ra~ of Recordtsi Jurisdic~ion]: t:h&t: t:=acb or p&raeZ of land as sho~n on l~chedule "A" at:t:&ched heret:o vthtch t~ tncorpor&bed herein and made a part: hereof. TOGETHER WITH ali the improvements now or hereafter erected on the property, and ali easements, appurtenances, and fixtures now or hereafter a pm of the proparty. All repayments and additions shall also be covered by this Security l~sm~ment. AB of the foregoing is referred to ia this Security l~muue~t as the 249214952 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed a~d has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with liimt~d variations by jurisdiction to constitute a uniform security insmunent covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Int,~r~t, Escrow Items, Prepayment Chorge~, and Late Chorg~. Borrower shall gay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Imms pursuant to Section 3. Payments doe under the Note entl this Security Imtmm~ shall be made in U.S. currency. However, if any cheek or other instrament received by Lender as payment under the Note or this Security Insmament ia rntumed 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; Co) mon*y order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such ebeek ia drawn upon an imfitution whose deposits are insured by a federai agency, immnnentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location deaignated in the Note or at such other location as may be de$igmtetl by Lender in aceordenee with the node* provisions in Section 15. Lender may return any paym~t or partial payment if the payment or partial payments are insufficient to bring the Loan ~t. l~nder may accept any payment or partial payment insufficient to bring the Loan ~, without waiver of any rights hereunder or prejudice to its righia to refuse such payment or partial payments in the futom, but Lender ia not obligated to apply such payments at the time such payments are accepted, ff each Pariodie Payment is applied as of it~ scheduled due date, then Lender need not pay interest on unepplied funds. Lender may hold auch unappliad funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return fu~n to Borrower. If not apptied earlier, such funds will be applied to the outstanding principal balance under the 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 doe uader the Note and this Security Imminent or performing the covenanta and agreements secured by this Security lmtrament. 2. Application of Payments or Proceeds. Except as otherwiae described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; {b) principal doe tulder the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment In tbe order in which it became due, Any remaining amounts shall be applied first to late charges, secoml to any other mounts due under this Security Instrument, 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 gay any late charge doe, the payment may be applied to the delinquent payment and the late charge. If mom than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the 3. Funds for Escrow Items. Borrower ~aall pay to Lender on the day PelSndic Payments are d~e under the Note, un~ the Note is paid th full, a sum (the 'Fuads') to provide for payment of amounts due for: (a) encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (e) p~nx~ms for any and all insurar~e r~quised by Lender under Se¢llon 5; and (d) Mortgage/nsuranee preminms, if any, accordance with the provisions of Section 10. These items are called 'Escrow Iterm.' At origination or at any Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such The F~mds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, RESPA. Lender shall not charge Borrower for holding and applying the I~m~ds. annually analyzing the Applicable Law permits Le~der to make such a charge. Unless an agreement is made in writing or Applicable 249214952 Funds. Lender shall give to Borrower, without charge, an annual accounting of the ~nds as required by RESPA. If there is a sm'plus of l~mds held in escrow, as dsfmcd under RESPA, Lender shall accou.~t to Borrower for the exce~s funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RF~PA, Lender shall notify Borrower as reqinred by I~SPA, a~cl Borrower shell pay to Lender the amount necessa~ to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of [~unds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to m~ke up the deficiency in accordance with RF~?A, but in no more than 12 monthly payments. 2492].4952 If Borrower fails to maiatain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation ~o purchase any particular P~pe or aroount of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the content~ of the Property, agaiust any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower rights (other than the right to auy refund of uu~amed premiuu~ paid by Borrower) under all msUmUce 249214952 6. Occu~tncy. Borrower shall Occupy, establish, and use the Property as Borrower's principal residence Borrower's principal residence for at least one year after the date of Occupancy, unless Lender otherwise agrees in writing, wlfich consent shall not be unreasonably witi~eld, or unless extenuating cu'cums~ances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Impectlons. Borrower shall not destroy, damage or impair the P~operty, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is resallng in the Property, Borrower shall malntath the Property in ordur to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Sectton $ that repatr or restoration is ~ot econormcally f~asthle, Borrower shall promptly repatr the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the talcing of, the Properly, Borrower shall be respens~le for repairing or restoring the Properly only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or th a series of progress payments as the work is completed. If the insurance or condenmation proceeds are not sufficient to repair Or restore the Properly, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasomble entries upon and inspectiom of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior impection specifying such reasonable caus6. $. 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 to Lender (or failed to provide Lender with material information) in connection with the Lean. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection o1' Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instmmant, Co) there is a legal proceeding that might significantly affect 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 attsin priority over this Security Imtrument or to enforce laws or regnlatiom), or (¢) 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 Imtmment, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's acfton~ can include, but are not limited to: (a) paying any sums secured by a lien which has priority over ~ Seolrity Instrument; Co) appearing in couri; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security lmh~nent, including its secarnd position in a bankruptcy proceeding. Securing file Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipe~, eliminate building or other code violations or dangerous conditions, and have utilities Rimed on or off. Although Lender may take action under this Section 9, Lender does not have to 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 actions authorized Fomt 3039 1/01 If this Security lustraraent is on a leasehold, Borrower shall comply with all the provision~ of the lease. previously provided such insurance and Borrower was required to make separately desigeated payments reserve th lieu of Mortgage Insurance. Such loss reserve shall be non-refundahie, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower a~y interest or earnings the amount and for the period that Lender requires) provided by an insurer selected by Lender agahl becomes required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower between Borrower and Lender providing for such tennmatthn or until termination is required by Applicable on terms and conditions that are sailsfacto~ to the mortgage insult and ~.e other party (or parties) to these that the mortgage insurer may have avatiab]e (which may include funds obtained from Morigage Insurance premiums). other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might ha characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifythg the mortgage insurer's risk, or reducing losses. If such agreement provides that an affl~te of Lender ~akes a share of the insurer's risk in exchange for a share of the premiums paid to the Mortgage Insurance, or any other terms of the Loan. Such ageeements will not tho-ease the mount Co) Any such agreements will not affect the rights Borrower has . if any - with respect to the such repair ami restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until restoration in a single disbursement or in a series of progress payments as the work is completed. Uuless an agreemem Ls made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. ff the restoration or repair is not economically feasible or Lender's security would be l~sseued, the Miscull~neous Proceeds shall be applied to the sums secured by this Security Insmlmant, whether or not then due, with the excess, if any, ~ to Borrower. Such Misceliananus Proceeds shall be applied in the order provided for in In the event of a partial taking, desffuction, or loss in value of the Property in which the fair market Security Insmunent shall be reduced by the amount of the Miscellaneous Proceeds muinphed by the or loss in value divided by (b) the fair market value of the Property immediately before the pargal taking, value of the Property immediately before the partial taking, destruction, or loss in value is le~s than the If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails apply the Miscellaneous Proceede either to restoration or repair of the Property or to the sums secured by ~is Security Insmunant, whether or not then due, 'Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party agaimt whom Borrower has a right of action in regard to Miscellaneous Borrower shall be in default if any action or proceeding, whether civil or criminal, is begum that, in in the Property or rights under this Security Instrument. Borrower c~u cure such a default and, if acceleration has ocenned, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's ~lldgment, precindes for~eitore of the Property or other material impairn~t of for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned in the order provided for in Section 2. of the sum~ secured by ~ Sectuity Inslrument by reason of any dem,~d made by the original Borrower or agrees that Borrower's obligations and liability shall be joint ~ several. However, ally Borrower who co-signs this Security Imtmmem but does not execute the Note (a ~co-signer'): (a) is cosigning this Security Security Insmunent; (b) is not personally obligated to pay the sums secured by thLs Security Immunem; a~d (¢) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any 20) and benefit the succesaors and assigns of Lender. Security Instrument, including, but not limited to, attorneya' fees, propat~y inspection and valuation fees. In that are expressly prohibited by this Security Imtrument or by Applicable Law. pannitmd limits, then: (a) any such Ioan charge shall be reduced by the amount necessazy to reduce the charge will be refunded to Borrower. Lender may ~oose to make this refund by reducing the principal owed uader provided for under the Note). Bonower's acceptance of any such refund made by direct payment m Borrower Applicable Law expressly requires otherwise. The notice address shall be the l~operty Address unless Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of be given by delivering it or by mailing it by first class mail to Lander's address stated herein unless Lender shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by ~ Security lmmmlent is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under ~ Security Instrument. by federal law and the law of the jurisdiction in which the Property is lecatnd, All rights and obligatio~ contained in this Security instrument are subject to any requiremalts and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but provision or chuse of this Security Instalment or the Note conflicts with Applicable Law, such conflict shall conflicting provision. As used in ~ Secllrity lmh-umeot: (a) words of the masculine gender shall mean and include ¢Oll~Sl~ollding ~ words oF wordr Of th~ ~mini~. gender; (b) words in the singular shall mean and If all or any ~ of However, this option shall ~ot be exercised by Lender if such exercise is prohibited by Applicable Law. swu~pX~.ohirCh~errOe~er' m}lst pa.y .al}. sums secured by ~ Security Insh-~u~lent. If Borrower fails to pay these ,_.~._P,_,, .... ~.uation .oI this period, Lender m~y invoke any remedies mltlted by ~ Se~urily Security Insh-ument; (b) such other period as Applicable Law might specify for file telmination of Borrower's righi to ~instata; or (c) envy of a ~dgment enforcing this Security Insmm~n~. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Insu-un~nt and lhe Note as 249214952 249214952 Bo~ower shall not cause or panult the presence, use, disposal, storage, or release of a~y Hazardous Substances, or thraaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do. anything affecting the PropeRy (a) that is in violation of any Environmental Law, Co) which creatas an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Propar~y. The preceding two sentences shall not apply to the presence, use, or storage on the Propony of small quantifies of Hazardous Substances , · that are generally recognized to be appropnata 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 notice of (a) any investigat/on, claim, demand, lawsuit or other action by any gavermnentsl or regulatory agency or private party involving the Property and any Hazardous Sabstance or Environmental Law of which Borrower has actual knowledge, (b) any Environmeotai Condition, including but not limited to, any spRling, 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 Substance which adversely affects the value of the Property. If Borrower learas, or la notified by any governmental or regulatory authority, or any private paxty, that any removal or other remediation of an~ Hazardous Substance affecllag the Propolly is necessary, Borrower shall promlaly take all necessary remedial actions in accordance with Enviromnental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Bon'ower and Lender further covenant and agree a~ follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required th cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this $~curiry Instrument, forecloanre by Judlcinl proceeding and sale of the Property. Lender shah further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-ex/stence of a default or any other defense of Borrower to acceleration and foreelo~ure. If the default is not cured as spedfled, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may focedose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all aet,~o~s,l~.curred. In p.u~.....g the.remedies provided in this Section 22, including, but not limited to, tees ann costs ol utle e-n~ence to the extent permitted by Applicable Law. 23. Release. Upon payment of ali sums secured by this Security Instrument, this Security Instrument and the estate conveyed shah tenulnate and become void. After such cccur~nce, Lender shall discharge and satisfy this Security instnunent. Borrower shah pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrament, bet only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 25. Reinstotement Period. Borrower's time to reinstate provided in Section 19 shall extend to o~e hour prior to the comm~cement of bidthng at a sheriff's sale or other sele put,ant to ~ Security insmunent. 26. Purchase Money Mortgage. If any of the debt secured by this Security In, raiment is lent to Bor r °~vTe. r l~t earC~q~ir~.a~t:e itoe,?l_e ~..Pr o~ _pc_ r ty: th~s~ Sectlrity insh"tlment ~ be a purchase moaey mortgage. entered on the Nota or in an action of mor~gaga foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to ~he terms and covenants con)alned in this Security Instrument ~md in any Rider executed by Borrower and recorded with it. (Se~) (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) Certific~to of Residence 1, JOSH VE.~ASQOH Z the correct address of the within-nam=d Mortgagee is 249214952 ;~, do hereby certify COMMONSArEALTH OF P/EI~SYLVANIA, On this, the /~4~ ~lay of undersigned officer, pemomlly appeared known to me (or satisfactorily proven) to he the person(s) whose name(s) is/are subscribed to the within inslnlment and acknowledged that he/she/they executed the same for the purposes herein contained. Tide of Officer ADJUSTABLE RATE RIDER (LIBOR 6 Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS ADJUSTABLE RATE RIDER is nmde this 18th day of ~HCH 2002 , and is incoi'porated into and shall be deemed to amend ' Deed of 'I~ust or S~u~ity D ,, . . and suppleraent the Mortgage, ced (the Security Instrument ) of the same date given by the undersigned (thc "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to CENTEX, HOM~ EQUITY COMPANY, LLC (the "Lender") of ~e Same dmta and covering the PCope~y described in ~he Security inst-mlant and located CAMP HILL, PA 17011 THE NOT~ CONTAINS PRO%qSION$ ALLO~G FOR CHANGES IN I]~I'EREST RATE AND THE MONTI~,y PAYMENT. THE NOTE LIMITS TIiE AMOUNT ll~ BORROWER'S IiNTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the convenaats and agreements made In the Security Instrument, Borrower and Leader further covenant z.nd agree as follows: A. INTEREST RATE AND MONfltLy PAYMENT CHANGES The Note provides for an Initial interest rate of 11.750 %. The Note provides for changes in the interest rata and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the lsd: day of OL~OBER , 2002 and on that day every 6TI~ month thereafter, ach date on which my interest rate could change is called a "Change Date.' (B) The Index Beginning with the fa'st Change Date, my interest ra~e will be based on an Index. The "index" is the average of interbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ( LIBOR ), as publ shed tn The Wall Street Journal. The most recent Index figure available as of the first Modified 8~9705 / F~MA 313s (6/oa~ 249214952 business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. ' If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of ~ choice. (C) Calculation of Changes Before each Cha~e Date, 'the Note Holder will calculate my new interest rate by adding · LEV~N AND 750/10§0 percentage poim(s) ( 11.750 %) to the Current Index. The Note Holder wi// then round the result of this addition to ~he nearest one-eighth of one pe~:entege point (0.12~%). Subject to the Umits stated m Section 4(D) heinw, ~ds rnoaded amount wi/! he my new inter~t rate uatil the next Change Date. Thc Note Holder will then determine the amount of thc month/y payment that would be su.~cieat to rc%oay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my abo shall not exercise ~s option if: (a) Borrower causes to b~ subm/tted m Le~¢x- infomg.~og, requa~l by a ~rea~? ~XSo,~ea~nt ? agreement in this Security Instrument ts acc~tab agreementa made ia tl~ Not~ and in th~ Security Ir~munent. Borrower will continue to be obligated under ~he N~)~e~aadnder~ Sec~ity .hls~. nt tm]es,,Lender rele,~es Borrower in writing. ~u (97o5) (Seal) (Seal) (Seal) (seal) (Sea/) (Sea]) Page 3 of 3 Form 313~ SHERIFF' S RETURN - CASE NO: 2003-02781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS GRUCZ KATHIE REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, who being duly says, the within COMPLAINT - MORT FORE was GRUCZ KATHIE DEFENDANT , at 2053:00 HOURS, at 2605 MARKET STREET CAMP HILL, PA 17011 KATHIE GRUCZ a true Sheriff or Deputy Sheriff of sworn according to law, served upon the on the 1st day of July , 2003 by handing to and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this Y~ day of ,, j33~3 A.D. //Prothonotary So Answers: R. Thomas Kline 07/03/2003 MCCABE WEISBERG CONWAY McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Nuznber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 {215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, Kathie Grucz Carmen Henriquez John Doe, Occupant Jane Doe, Occupant LLC : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 03-2781 CIVIL QRDER TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended, without prejudice, upon payment of your costs only. Attorney for Plaintiff