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HomeMy WebLinkAbout07-3284McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 X215) 790-1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 Attorneys for Plaintiff Cumberland County Court of Common Pleas v. Leonard R. Griffiths 132 Woods Drive Mechanicsburg, PA 19050 Number Q''j - ,3 ~l u t, (,,~~%Llrj -..' / CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, PA, 17013 800-990-9108 Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de pla2o al partir de la fecha de la demands y la notificacion. Hace fella asentaz una compazencia escrita o en persona o con un abogado y entregaz a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaza medidas y puede continuaz la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con lodes las provisioner de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Baz Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Countrywide Home Loans, Inc. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 Attorneys for Plaintiff Cumberland County Court of Common Pleas v. Leonard R. Griffiths 132 Woods Drive Mechanicsburg, PA 19050 Number CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Countrywide Home Loans, Inc., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Leonard R. Griffiths, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 132 Woods Drive, Mechanicsburg, PA 19050. 3. On 03/29/2004, 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 1858, Page 4696. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 132 Woods Drive, Mechanicsburg, PA 17050. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01 /2007 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 $ 91,785.19 Interest through 06/01/2007 $ 1,669.12 (Plus $ 12.43 per diem thereafter) Attorney's Fee $ 4,589.26 Late Charges $ 101.60 Title Search $ 200.00 GRAND TOTAL $ 98,345.17 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 8. Notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq. has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) is not required. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $98,345.17, together with interest at the rate of $12.43 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBE AN~ D CONVVAY, P•C• BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her 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. McCABE, WEISBER AND CONWAY, P.C. ~^ BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE . 1 ~ ""' ~ ~0~4RT P. 7 ~: .~ ,.I~GL,.R 1/ ~~ ft COj'tDc"R a~ pEE:DS ~ ~ ~UMDER~APiD CQUN~TY- FA {)y f~l~fl 3~ A1fl 9 00 >7 After Recording Return To: ~ By. MICHELLE WHITEHEAD COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING parcel Number P.o.Box 10423 Van Nuys, CA 91410-0923 [Space Above Tbis Line For Rceordiag Dsta) 0005522821303009 [Doc ID #] MORTGAGE NIITT1000157-0003453583-7 l~`l~ll~l~~~lll~ 1~1~~MlMill~l~l~~ ~~~ll~~~~lll~lll ~~1~~~ 001 001 DEFINITIONS 610 055228 3 ~ .. .__.._ Words used in multiple sections of this document'are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain Hiles regarding the usage of words used in this document are also provided in Section 16. ~~ (A) Security )Gosamrtent" means this document, which is dated MARCH 29, 2004 together with all Riders W this document. (B) "Borrower" is ~ . LEONARD R GRIFFITHS, A SINGLE MAN ~~ ~ E b ~t ~ Borrower is the mortgagor under this Security Instrument. PENNSYLVANIA -Single Fandly • Fannle MaalFreddle Mac UNIFORM INSTRUMENT WITH IUEtiS Peso ~ ~ 1s ~~ia.~~ VMPMORTGAGE FORM& -(800521'7291 PoITn 8098 1101 -8A(PAj (aloe) CHL (0618~(d) NA * 2 3 9 8 1• O S 6 2 2 8 2 1 g 0 0 0 0 0 1 0 0 6 A BK 185~PG~696 DOC ID ~: 0005522821303004 (~ "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee 'under this Securlt:9 Instrpment. M13R5 is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MEItS. (D) ",. yS COUNTRYWIDE HOME LOANS, TNC. Calder is a CORPORATION organized and existing under the laws of NEW YORK ' Lender's address is 4500 Park Granada, Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated r1ARCH 2 9, 2 0 04 The Note states that Borrower owes Lends' NINETY SIX THOUSAND and 00/100 Dollars (iT.S. $ 9 6, 0 0 0.0 0 )plus interest. Borrower has promised ro Pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL O1, 2039 (F') "Property" means the property that is described below under the heading "Transfer of Rights in the ~' n re meet charges and late charges (G) "Loan" means the debt evidenced by the Note, plus itrterCSt, arty P PaY due under the Note, and all sums due under this Security Instrument, Plus interest. (g) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: x Adjustable Rate Rider Condominium Rider 0 Second Home Rider Balloon Rider ~ Planned Unit Development Rider ~ 1-4 Family Rider VA Rider 0 Biweekly Payment Rider Other(s) [specify? (n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applic~le final, non-appealable judicial opinions. (~ "CommudtY Association Dees, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium assOCiation, homeowner's association or similar organization. (>~ "Eleetro~c Farads Transfer" means arry transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, 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 credit an account. Such ham includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (G) "Escrow Items" means those items that are described in Section 3. or roceeds paid by (1~ "1vGscellaneaus Proceeds" means any compensation, settlement. award of damages, p ~y ~~ pmh, (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; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. ins. Forth 9039 tl/01 ®®-6A(PA) (o20s) CHL (oti/02) Pape z of is BK 1858PG~o97 DOC ID ~: 0005522821303009 (~ ~•rq~gage Insara~e" means insurance protecting Lender against the nonpayment of, or default on, the ~~• nci and interest under the (O) "Periodic Payment" means the regularly scheduled amounE due for () pri Pai Note, plus (ii) any amounts under Section 3 of this Security Instrument. (p) --~pA-- means ~ Rea1 Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (?~ C.FR Part 3500), as they might be amendod from time to time, or any additional or successor legislation or regulation that governs the same subject maEter. As used in this Security Instrument, "RESPA" refers to aU requirements and restrictions that are imposed in regardloana "federally related m~octgage loan" even if the Loan does not qualify as a "federally related mortgag under RFSPA. that has taken title to the Property, whether or not (~ "Successor in Interest of Borrower" means anY PAY that party has assumed Borrower's obligations under the Note and/or this Security Insavment. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures oo Lender: (i) the repayment of the Loan, and all renewal~extensider this modifications of the Note; and (ii) the perfomtar- Borrower does hereby~ntortgage grant and convey to Security Instrument and the Note. For this purpose, MGRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the COUNTY Of CUMBERLAND (Type of Recprdiag Jurisdiction] (Name of Recording Jariadiaion] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. wlrich cumntly has the address of 132 WOODS DRIVE, MECHANICSBURG [StroaUCityl Pennsylvania 17050 ("Property Address"): [~P Code] TO(3ETI~R WTI"fi all the improvements now or hereafter erected on the property. and all easecnenns, appurtenances, and Sxtures 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." Borrgwer understands and agrees that VIERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, M13RS (as nomince for Form 9038 1101 -6A(PA) (0208) qiL (otiJ02) Page 3 of 16 8~1858PG4698 I)OC II) $: 0005522821303009 Lender and Lender's successors and assigns) has the right: to exercise any or all of those intere~ 0 1u~dm' gam, but not limited to, the right to foreclose and sell the Property; and to take any action re9ui including, but not limited to, releasing and canceling this Security InstnmiettL BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of t+ecord. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SP.C[JRTl'Y INSTRUMENT combines uniform covenants for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real ProP~Y• UNIFORM COVBNANI'S. Borrower and Lander covenant an ni gree as foll~o a ~~ ~~ Borrower 1. Payment of Prlndpal, Interest, Escrow Items, Prepaym Charger shall pay 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 Items pwrsuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lander 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 check, treasurer's check ~ cashier's check, Provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. m the Note or at such Payments are deemed received by Lender when received at the location designated . 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 era insufficient to bring the Loan currant. Lender may accept any payment or partial payment insufficient to bring the Loen cumat, without waiver of any rights hereunder or prejudice to its rights to refuse such payment~sor~partial Pay ~n~h the future, but Lender is not obligated to apply such payments at the time such paymen Periodic Payment is applied as of its scheduled due date, then Lander need not pay interest on unapplied funds. Lender may hold such unapplied 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 retum them to Borrower. If not applied earlier, such funds wiU 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 malting payments due under the Note and this Security Instrument or pecfom-inag the eovenattts and agreements secured by this Security Instrument. 2. Appilcatton 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 under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the Principal balance of the Note. If Lender receives ~P~re charge duemthe payment may be a plied to the delinqulentpaycnent and the sufficient amount m Pay Y y~-BA(PA) (oQOS) CHL (08J02) Pepe 4 of 16 i~w~a. Form 3098 1/01 8K i 853PG4~99 AOC ID #: 0005522821303004 late charge. If more than one Periodic Payment is outstanding, Lender may apP1Y any Payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each ~yment can be paid in frill. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Paymarts, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any Prepayment charges and then as described in the Note. ~ due under the Any application of payments, insurance proceeds. or Miscellaneous Proceeds to prin Pal Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. I+~nt)s for F.eacow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, tmtil the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and asszssmatts and other items which can attain priority over this Security Insfivment as a lien or encumbrance on the Property; (b) leasehold paymarts or ground rents on the Property, if any; (c) prenuttms uu~i b Lender under Section S; and (d) Mortgage Insurance prarttums, if any, or for any and aU insurance reel ~ Y art of Mortgage Insurance premiums in any sums Payable by Borrower oc Lender in lieu of the paym on or at any accordance with the provisions of Section 10. These items are called "Escrow Items." At originate time during the term of the Loan, Lender may require that Commutrity Association Dues, Fees, and Assessments, if arty, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Itmn. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall P$Y Larder the Funds for Bscrow Items unless Lender waives Borrower's obligation to pay the Farads for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lends' Funds for any or all Escrow Items at any time, Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which paymart of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such 6me period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Insuumart, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an 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. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all ponds, and in such amounts, that are then required under this Section 3. Lander may, at any time, collect and hold ponds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Ponds due on the basis of current data and reasonable estimates of expenditures of ibture Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an insdwtion whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender 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 later than the time Zsmea~ ~~ RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analy 8 account, or verifying the Escrow Items, unless Lender Pays Borrower interest on the Funds and Applicable Y,aw permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest m be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lander can agree in writing, however, that interest shall be paid on the ponds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RPSPA. lnlaa~s: - Form 5039 1101 -BA(PA) (x208) CHt. (OBliD2) Page s of ~s ~K r sso~c4~oo I>OC ID ~: 0005522821303009 Xf there is a surplus of Funds held in escrow, as defined under RFSPA, Lender shall account to Borrower for the excess funds in accordance with RFSPA. If there is a shortage of Funds held in escrow, Lender the under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RFSPA, Lardt*r shall notify Borrower as required by RPSPA, and Borrower shall pay to Lender the amo~nt necessary to make up the deficiency in accordance with ]ZESPA, but in no more than 12 monthls~~ Lender shall promptly refund to Upon payment in fall of all sums secured by this Security Borrower any Funds held by Lender. and im dons attributable 4. purges, Liens. Borrower shall pay all taxes, assessments, charges, fates, p~ to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shaII pay than in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable tD Lender, but only so long as Borrower is performing such fit; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to Prevent the enforcement of the lien while those proceedings are pending, but only until such proceodings are concluded; or (c) secures from the holder of the liar an agreement satisfactory to Lender subordinatin8 the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the dace on which that notice is given, Borrower shall satisfy the lien or take one or mono of the actions set forth above in this Section 4. Lender may regt»re Borrower to pay acne-time charge for a real estate tax verification and/or reporting service usedby Lender in connection with this Loan. $, prop, >Vosa~<ca~ Borrower shall keep the improvements now existing or hereafter erectod on the property insured against loss by fire, hazards included within the term "extended coverage," end any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Ltader requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carries' Providing the insw•artce shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone deternination, certification and tracking services; or (b) a one-time charge for flood zone determination end certification services and subsequent charges each time remappings or similar changes occur which reasonably might ~ by ~e determination or rxxdfication. Borrower shall also be responsible for the payment of any fees impo gel Bmergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails m maintain any of the coverages described above, Lender may obtain i>~ ~ coverage, at Lenders option and Borrower's expense. Lender is under no obligation to purchase any p type or amount of coverage. Therefore, such coverage shall cover Lender, but ~$to~mighkn°ht~p~ or Borrower, Borrower's equity in the Property, or the contents of the Property, ag Y liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges ~niaak~ Form 3038 i/01 -6A(PA) (o2oB) CI~1L (Oa1021 Page a of to $K t 858PG470 DOC ID #: 0005522821303009 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 shall become additional debt of Borrower secured by this Security Instrument. These amoturts shall bear interest at the Note rate from the date of disbucsemait and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's ri t to disapprove such polices, shall include a standard mortgage clause, and shall trams Lends' as mortgagee ~/ar as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipss of paid premiums and renewal notices. If Borrower obtains arty form of insurance coverage, not otherwise required by Lender, for damage to, ar destruction ofy the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/ar 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. Unless Lender and Borrower ot>~~' shall be writing, any insurance proceeds, whether ar not the underlying insurance was required by applied to restoration ar repair of the Property, if the restoration ar re Wider shall havceeithe nghtto hold Lenders security is not lessened. During such repair and restoration period, to ensure the work has such insurance proceeds until Lender has had an opportunity to inspect such Property t1 Lender been completed to Lender's satisfaction, provided that such inspection shall be undertaken promp Y• may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to Pay Borrower any interest ar earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insnr~tce proceeds and shall be the sole obligation of Borrower. If the ~ ~ ~ ~ m ~ economically feasible or Lenders security would be lessened, the insurance pro d tp Borrower. sums secured by this Security Instrument, whether or not then due, with the excess, if any, psi Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available instuance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has 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 in an amount otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance pro ~s of Borrower's not to exceed the amounts unpaid under the Note ar this Security Inswment, and (b) any rights (other than the right to arty reftind of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as sack 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. ~ Borrower's principal residence 6. pecnpancy. Borrower shall occupy, establish, and use ttre Property ~ ProPe~ ~ within 60 days after the execution of this Security Instrument and shall continue to occupy Borrower's principal residcnce for at least one year after the date of occupancy, uNess Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Irtltials` Form soar ua~ -6A(PA) (o20e) CHt. (0610ZI Page 7 of 16 BK i 858~G47 02 DOC ID #: 0005522821303004 7. preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not desbooy, damage ar impair the Property, allow the Property to deteriorate ar commit waste on the Property. ut artier to lxevent Whethea or not Borrower is residing in the Property, Borrower' sha11 °'~~ the Property the Property from deteriorating or decreasing in value due to its condition. Unless it is determined ~ nant to Section 5 that repair ar resta~zation is not economically feasible, Borrower shall promptly repair Pent damaged to avoid further deterioration or damage. If insurance or condemn ion proceeds are paid in commpetion with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released prooeods for such purposes. Lender may disburse proceeds for the repairs and resooration in a single payment or in a series of progress paynseuts ~ the work is completed. If the insurance ar eondernnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Boaower's obligation for the completion of sceh repair ar restoration. ~ it has Lender ar its agent may make reasonable entries upon and inspections of the Property. reasonable cause, Lender may inspect the interiar of the improvements an the Property. Lender shall give Barrower notice at the time of ar prior to such an interior inspection specifying such reasonablu~~ ~' & Borrower's Loan Application. Borrower shall be in default if, during the Loan app ~ l~ Borrower or any persons or entities acting at the direction of Borrower ar with Borrower's knowledge or consent gave materially false, misleading. ar inaxurate information or statements toe ~'ons i dude, but provide Lender with material information) in connection with the Loan. ~>~ ~ as Borrower's principal are not limited to, representations concerning Borrower's occupancy Pent residence. sntl ~ Under this Security Instrument. If (a) 9. protection of Lender's Interest in the Property ~ there is a Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) 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 attain priority over this Security Instrumert or to enforce a wsr o8 regulations), or (c) Borrower has abandoned the Property, then Lender may do and Pay Instnnnent, reasonable or appropriate b protect Lender's interest in the Property and rights under this Security including protecfmg and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has ~iority over this Security Instrument: (b) appearing in court; end (c) paying reasonable attorneys' foes to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to, entering the Property to make repairs, change locks, replace air board up doors and windows, drain water from pipes, eliminate building ar other cede violations or dangerous conditions, and have utilities turned 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 under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts sha11 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. If this Security Instrument is on a leaseholtdh, Beoa~seho and the fee tit]eshall,not omerge unless~Lender If Borrower acquires fee title to the Property. agrees to the merger in writing. Mmeis• Farm 3ostt 1101 -6A(PA) (02os) CHL (aQJD2) Page a of t6 $Sgp~47 p3 Dtx ID tk: 0005522821303004 10. Mortgage )<nserranoe. If Lender tequired Mortgage Insurance as a eondititm of making the Loan, tD maintain the Mortgage Insurance in effect. If, for arty reason, the ; Borrower shall pay the premiums required a insurer that Mortgage ~ average required by Lender ceases to be available from the mortgag previously provided such insurance and Borrower was required W make separately designated Payments e Insurance, Borrower shall pay the prenuums requrred to obtain coverage toward the prernittms for Mortgag substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent tD the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. if snbstandally equivalent Mortgage insurance coverage is not available, Borrower shall continue to pay W 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 anon-refundable loss reserve in lieu of Mortgage insurance. Such loss reserve shall be non-refundaBorrower an Merest or earnings on such is ultimately paid is full, and Lender shall not be required w pay Y Insurance coverage (in the loss reserve. Lender' can no longer require loss reserve payments if Mortgage amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Fender' 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, Borrowea tkte ~~ m maintain Mortgage Insurance in effect, or to provide anon-t~ef'undable loss shall pay Pre ent for Mortgage Insurance ends in accordance with any written ~' ble reserve, until Lmrdefs requirem between Borrower and Lender providing for such termination or until termination is required y pp Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage lrrsurartce reimburses Lender (or any entity that purchases the Note) foot certain losses it may incur if Borrower does not repay the Loan as agt'eed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from tune to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreernents may require the mortgage insurer' to matte payments using any source of funds that the mortgage insurer may Gave available (which may include funds obtained from Mortgage Insurance Premtums)' r of the Note, another instu+er, any ,•einsurer, any As a result of these agreements, Lender, any purchase other entity, ~ any affiliate of any of the foregoing, may receive (directly or indirecg Yv~rc~,eoin exchangertfor from (or might be characterized as) a portion of Borrower's payments for Mortgage sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insur+er's risk in exchange for a share of the premiums paid to the insurer, fire ~rangernent is often termed "captive reinsurance." Further: ~ for Mortgage (a) Aqy sash agreements will not affect the amounts that Borrower lies agreed Pay Insurance, or a~ older terms of the Loaa Such agreements wiA not increase the amount Borrower will owe for Mortgage )vosrrsnce, and fbey w01 not entfitle Borrower to any refund. (b) Aqy such agreements will not affect the rights Borrower has - iE any -with respect to the Mortgage Insurance "under the Homeowners >Protedan Act of 1998 or any other law. These rights may include the right to recdve certain disclosures, to request and obtain cancellrttion of the Mortgage o~itg~age Lrsurance Premiums tha~ere unearned at theatime of such cancellation o veterm~~ f any tnHlale• Form 3089 1/01 -6AtPA1(oma? CHL (oaroz) Pepe 9 of 1s ~~ ~ ? O DOC ID #: 0005522821303009 1;. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid m Lender. ~ oo restoration or repair of the ~ ~ property is damaged, such Miscellaneous Proceeds shall be appli property, if the restoration ar repair is economically feasible and Lender's security is not lessened. During such repair and restoration ixxiod, 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, m tl Lender may pay for the repairs and restoration in provided that such inspection shall be undertaken Pro P Y• tnent is a single disbaraement or in a series of progress payments as the work is completed. Unless an agree 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. 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 socured by this Security Instrument, 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. ]n the event of a total taking, desmrction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In 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. destntction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument irrtrnediateIy before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums 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 earns secured immediately before the partial taking, deswcdon, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destntdion, or loss in value. Any balance shall be paid to Borrower. m which the fair market value In the event of a partial taking, destruction, or loss in value of the Property of the Property imrediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, artless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the property is abandoned by Borrower, or i1; after notice by Lender to Borrower that the Opposing party (as deSned 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 Mistxllatteous Proceeds either to restoration or repair of the Property or to the awns 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 has a right of action in regard to Miscellaneous proceeds. that, in Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun i.ertder's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property Or other material impairment of Lender's interest in the property or rights under this Security Instrument. The Proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid m Lender. tr~uess• Form 5039 1101 ®-BA(PA) (0208) CHL (06/02) Page 10 of 1a 58PG47 p5 DOC ID ik: 0005522821303004 All Miscellaneous Procoeds that are not applied to restoration ar repair of the Property shall be applied in the ordea provided far in Section 2. B Lender Not a Waiver. Extension of the time for 1~. Borrower Not Released; Forbearance Y this Securi Instrtrmart granted by Fender to payment ar modification of amortization of the sums secured by tY Borrower or any Succesoar in Interest of Borrower shall not operate to redease the liability of Borrower ar any Successors in interest of Borrower. Lender shall not be required to t or otherwise modify amortizans on ofof Successor in Interest of Borrower or to refuse to extend time for paymen the stuns secured by this Security Instrument by r~esaott of any demand made by the original Borrower or any . Successa~rs in Interest of Borrower. Any forbearance by Lentiex in exercising any right ar 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. ~ Succt~ors and ~~ Borrower covenants and 13. Joint and Several 1Liabfiity; ~tl Borrower who agrees that Borrowers obligations and liabili shall be joint and several. However, atry ~~ Security co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the temrs 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 can agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument ar the Note without the co-signer's consent. ,Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrow s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrume°t. Borrower shall not be released from 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 and assigns of Lender. 14. j,pgp Charges. Larder may charge Borrower fees for services Perform ~a ~e ~ this Borrower's default, for the purpose of protecting Lender's interest in the Property 8 Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bornower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that arc 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 pemnitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to r~~~ts will to the permitted limit; and (b) any sums already collected from Borrower which exceeded P~ wed under the be reflttrded to Borrowea. Lender may choose to make this refund by reducing the pri cipal Note or by malting a direct payment m Borrower. Tf a 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 sny 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. ~A~L Form 3038 1107 -8A(PA) (0208) CHL (08102) Pape 1 t of to e~c ~ a5aQ~47 06 DOC ID #: 0005522821303004 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. A~ notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute nonce to all Borrowers unless Applicable Law expressly xequires otherwrse• 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 Borrower's change of address. Yf Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure;. Then ~y be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it ar 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 tiD have been given to Lender until actually received by Lender. If ~ytrement w~ ~~Y this Security Instrument is also required under Applicable Law, the Applicable Law regti the corresponding requirement under this Security Instrument. 16. Governing Laws Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instnuttent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contractor it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument ar the Note conflicts with Applicable Law, such oontlict shall not affect othea provisions of this Security Instrument ar 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 ar words of the feminine gender; (b) words in the singular shall mean and include the plural sad vice versa; and (c) the ward "may" gives sole discretion without spy obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this.Securiry Instrument. 1& 1Yansfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, .~ "Interest in ~ property means any legal or beneficial interest in tht 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 trar>$for of title by Borrower at $ ~~ transferred (~ Borrower is not If all or any pact of the Property or any Interest in the Property • a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may re9vire immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Larder if such exercise is prohibited by Applicable Law. I:f 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 1S 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 flue Security Instrument without further notice ar demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration If Borrower meets certain conditions, Borrower shall have the right to have enforcement oP this Securit ant t an ent we of sate contained i~this Security earliest of: (a) five days before sale of the Property purse Y lm Initiala• Form 5039 1/01 ~.~pAl (~) CHL (fltt/02) Papa 12 of 1 B flK~~58P~~~~7 DOC ID #: 0005522821303004 Instrttanent; (b) such other period as Applicable Law might specify for the (erminatian of Borrower's right to reinstate; or (c) entry of a judgment enforcing flue Security Instrument. Those conditions are that Borrower. (a) Pays Lender all sums which then would be due under this Security Instrumentand tlie ~1 expenses acceleration had occurred; (b) cures any default of any other covenants or agrxmen ()Pay _ incurred in enforcing this Security Instrument, including, but not limited~toof reaso pn a aL.~tder'syinterest property inspection and valuation fees, and other fees inctured for the purpo P~ g reasonably in the Property and rights under this Security Instrument; and (d) takes such action as Lender I~nsaumen~ and require to assure that Lender's interest in the Property and rights under this Security Borrower's obligation to pay the sums scoured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fame, as selectod by Lender. (a) cash; (b) money order; (°) rxttified check, bank check, treasurer's check or cashier's check, Provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Eloctronic Ptimds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servierr; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can•be sold one or moro times without prior notice to Borrower. A sale might result in a change in rho entity (known as the "Loan Servicer"e ~ aceerllvlce~g obligations under due under the Note and this Security Instrument and perfomrs other mortgbe one or move changes of the Loan the Note, this Security Instrument, and Applicable Law. 'There alro migh Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new e~omtoC~ewith a address to which payments should be made and any other information RESPA requires . notice of transfer of servicing. Tf the Note is sold and thereatier the Loan is serviced by a Loan Servicer other ~~ the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain baser ~ Servicer or be transferred to a successor Loan Servicer and are not assumod by the Note pure otherwise provided by the Note purchaser. udicial action (as either an Neither Borrower nor Lender may commence, join, or be joined to arty j individual litigant or the member of a class) that arises from the other party's actions pursuant to this 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 ether Party (with such notice given in compliance nth the regtri~rements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take comctive motion. );f Applicable Law provides a time period which must elapse before certain action can be taken, that ti ~nperioto cure given tmo~Borrow proursuant for purposes of this paragraph. The notice of acceleration and oppo ty to Section 22 and the notice of acceleration given to Borrower Pursuant to Section 18 shall be doomed m satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Bnvironmental ~c des and hferbicides, substances; gasoline, kerosene, other flammable br toxic petroleum products, toxic peso volatile solvents, materials containing asbestos or forinaldehyde, and radioactive materials; (b) "Bnvirorrmental I.aw" means federal laws and taws of the jurisdiction where the Property is Iocated that relate -6A(PA) (0208) CHL (08ft12) Papa 130118 Inltlals;._,~_ f=orm 90.99 1ro1 BKi~5~P~47os DOC ID ~: 0005522821303004 to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, sWrage, or release of any Hazardous Substances, or threaten to release airy Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else W do, anything affecting the Property (a) that is in violation of any Bnvironmental Law, (b) which creates an Environmeutal Condition, or (c) which, due to the presence, use, or release oftvavoo~ Substance, creates a condition that adversely affects the value of the Property. The preceding shall not apply to the prestrtce, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to notimal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products~a ~~~ claim, demand, lawsuit or Borrower shall promptly give Lender written notice of (a) any g and any other action by any governmental or regulatory agency or Private party involving the Property Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Bnvironntental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Iiazar+dous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. ff Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that arry removal or other remodiation of arty Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedral acaons in accordance with Environmental Law. Nothing herein shall create any obligation on bender for an Bnvirormnental Cleanup. NON-UATIFORM COVBNANTS. Borrower and Lender further covenant and agree as follows: 22. Acoeler'ation; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of auy covenant or agreement in this Security Instrtmtent (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower af, among other things (a) the default; (b) the action required to cure the default; (c) when the default must be cared; and (d) that failure to cure the default as specified may resalt in acceleration of the same secured by this Security Instrument, foredoanre by judidal proceedin8 and sale o[ the Property. Lender shall t'uurther in[orm Borrower of We right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence o[ s default or any other defense of Borrower to acceleratwn and foreclosure. If the ddault is not cured as specified, Lender at fts option may require immediate payment in fill of all soma secured by this Secnnty Instrument without further demand and may foreclose this Security Ineproment by ]~~ Pr• Lender shall be entitled to collect all expenses incurred in pwcsuing the remedies provided in this Section 22, including, but not lfmited to, attorneys' fees and costs o~[ title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Securty Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrerxx, Lender shalt discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender servicesgrcndered and the far releasing this Security Instrument, but only if the fee is paid to a third party charging of the fee is pern~itted under Applicable Law. Inltiak•,~_ Form 3089 1f01 -t3A(PA) (azos) CHL (08102) Page 14 0~ 16 BK t 858PG47 09 DOC ID t<: 0005522821303009 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings oo eaforoe this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. ceded in Section 19 shall extend to one hour ?,S. Reinstatement Period. Borrowefs time to reinstate pro . _ prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this~g~~ in~v~ to 26. ParcLese Money Mortgage. If any of the debt secured by this Security Borrower to acquire title to the Properly, this Security Instrument shall be a purchase money morlgage. ~, interest ~~ Auer Judgment. Borrower agrees that the interest ratio payable after a judgment is enteral on the Note or in an action of mortgage foreclosure shall be the rate payable from tune to time under the Note. BY SiGNIl~1G BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: LEONARD R. GRIFFITH3 (Seal) -Borrower (S~~ -Bamwer (Seal) -Borrower ($eal) -Borrower -BA(PA) (0208) CHL (08102) Pape 15 of 16 FOr1113058 1101 8K1858P~47 t0 DOC ID ~: 0005522621303004 Certificate of Residen a ~, l „ 1, ~. rl , do hereby certify that ~ mi~_~~ 'tC.V~-`ee is~PVO. Box 2026, Flint, MI 48501-2026. the correct address of the within-nam~~eld,,Mortgag ,. ` _ -l",' day of ~~ S~~-1~ ~~ Witness my hand this a Agent ofMatgega COMMONVVEALTHOFPENNSYLVANIA, Gu~2g~t"~`;S~ On this, the 2~ tit day of undersigned officer, personally appeared 1,~,~ tu-et'f~D ~.. G rt..~ !-{'t'~'!-?S Cotanty ss: before me, the known tome (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/sheRhey executed the same for the purposes herein contained. IN'WITNESS WHEREOF, I hereunto set my hand an ial seal. My Commission Expires: t Witte oe ot5eer ROBERT Pi: fER KI.INE, Notary Public flew Cumberland Borg. Cumberland Co. My Commission Expires dune 2'!, 2004 Inltlals' Form 3x88 1101 -6A(PA) (D¢08) er'1L (OBf02) Pepe to of 16 BK 1858PG47 ! ! '~ LEGAL DESCRIPTION 132 Woods Drive, Silver Spring Township ALL THOSE CERTAIN two (2} tracts of land situate on the North side of the public road leading from the Hogestown Road to the Silver Spring R~oiaa b and d and described sfnollowsin Silver Spring Township, Cumberland County, Pen~Yl , to wit: TRAC~ ND• 1 BEGINNING at a point in said Road, whicT p° in in said public~road at orner of a ds'} feet measured in an easturardly direction from an ~ p now or formerly of W.S. Brubakor Estate; thence a112g minutes Westf one hundred fifty ter and M. Estella Souder, North ten {10 }degrees twelve { ) (150.00') feet to an iron pin; thence along lands now or formerly of Charles E. Sadler and Mary E. Sadler, North eighty (80°) degreesthirty-five (35') minutes East, seventy-five (75.00') feet to an iron pin; thence along the line of lands formerly of William D. B ehkhoedee (aln2d}}I niunut s East, Burkholder, and now being Tract No. 2 herein, South ten {10°) degre thence by the center line one hundred fifty (150.00') feet to a point in the public road, aforgo dde es thirty-five (3S'} of said public road {no fiknown00~ `feet to apoint in saidecenter{line, at the point and place of minutes West, seventy BEGINNING. HAVING thereon erected a single family stucco and masonry dwellin Peimthi y! aniaa garage, presently known and numbered as 132 Woods Drive, Mechanicsburg, TRA T N0.2 BEGINNING at a point in the center line of Woods Drive at corner of Tract No. 1 hereinabove described; thence along they li eet ~ an .. on pin thence along lands now or formerly minutes West one hundred fifty (150.00) f K. Sadler, his wife, North eighty (80°) degrees thirty-five (3S') of Charles E. Sadler and Mary minutes East, seventy-five {~5.00~ feetouda ~enakl0~ degreesttiwelve (12~ minutes East, ones E. Sadler and Mary K. Sadler, his wife, S hundred fifty (150.00'} feet to a point in the center lie sothWrto fd eD35~'minutes West seventy e center line of Woods Drive, South eighty (80°) degr Y- five (75.00') feet to a point in said center line, at the point and place of BEGINNING• BEING THE SAME P~M1SNovemiber 4, 2003 n the Office of the Reco der of Deedsd dated October 31, 2003 and recorded anted and in and for Cumberland County, Pennsylvania, in Deed Book 260 at page 936, gr conveyed unto Ted M. Kintz and Susan M. Dellinger, husband and wife. BKt858PG47t2 ' '' . . ., pfler Recording Retum To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91910-0423 ['Space /Wove This Line Fos Rocordfag Data] FIXED/ADJUSTABLE RATE RIDER (LIBOR Twelve Month Index -Rate Caps) PARCEL ID #: P By: MI HELLS WHITEHEAD 0005522821303009 (Doc ID R1 CONV • ARM Flxsd Period LIBOR R1dsr 10862-XX (04/01)(d) Papa 1 of 4 Initials: ' 0 8 5 2 2 8 2 1 g 0 0 0 0 0 1 U 8 b 2' g~ { 858PG47 13 .. ,. DOC ID #: 0005522821303009 THIS FYXF3D/ADJUSTABLE RAT13 RIDBR is made this Tw>,NTY-NINTH day Of MARCH, 2004 ,and is incorporated into and shall be deemed to amend and supplement ~Mortga ~ Deed of Trust, ~ S~secureD Borrower's F>xed<Adju tstablef ~ Kate Note~v~(the „Note") to ("Borrower") COUNTRYWIDE HOME LOANS, INC. ("Lender") of the same date and covering the property described in the Security Instrument and located at: 132 WOODS DRIVE, I~CHANICSBURG, PA 17050 [Property Addmssl THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT T1~MERAND THE MAXIMUM RATE ORROWER MUST PAY.HANGE AT ANY ONE ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial finedsntet+est rate of 4.8 7 5 96. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest ram change first day of APRIL, 2011 ,and the adjustable interest rate I will pay ay on Wat day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Yndex Beginning with the first Change Date, my adjustable interest rate will be based an an Index. The "Index" is the average of interbank offered rates for twelve month U.S.dollar-denominated deposits in the London market, as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately Preceding tiu month in which the Change Date occurs is called the "Curc+el-t 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 this choice. (C) t,alcNat3on of Changes Before each Change Date, the Note Holder wilt calculate my new interest rate by adding TWO & ONE-QUARTER percentage points ( 2.2 5 0 96) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.12596). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate tmtil the next Change Date. ent that would be sufficient to repay The Note Holder will then determine the amount of the monthly paym the unpaid principal that I am expected W owe aE the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. corn/ • ARM F'Ixvd period LIBOR Rider page 2 of 4 InNlels: 1U652-XX (041011 BK 1858PG~~714 i t s e ~ DOC ID $: 0005522821303004 (D) Limits on Interest Rate Changes r than 9.8 7 5 % or The interest late I am required to pay at the first Change Date will not be greate less than 2.250 %. Thereafter, my adjustable interest rate will never be increased ar decreased or ~ single Change Date by more than two percentage points from the rate of interest I have been peyi g preceding 12 months. My interest rate will never be greater than 9.8 7 5 96. (E) Efrective Date ~ Changes My ttew interest rate will becoane effective on each Change Date. I will pay the amount of my new mpnt},ly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F} Notice of Changes in m initial fixed interest rate w an The Note Holder will delivex or mail tD me a notice of any changes y adjustable interest rate and of any changes in my adjustable interest rate before the effective date of anyen ~ me The notice wili indude the amount of nny monthly payment, any information required by law to be gi and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF TSE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Bene~icisl Interest in Borrower. As used in this Section 18, "Interest in the Froperty" means any legal ar beneficial interest in the Property, including, but not limited t0. those benefiaal interests transferred in a bond for deed, contract for deed, installment sales •contract ar escrow agreemenk the intent of which is the transfer of title by Borrower at a future date to a purchaser. is sold or transferred (or if If alI ar any part of the Property or any Interest in the Property . Borrower is not a natural person and a beneficial interest in Borrower is sold ar transferred) without Lender's prior written cortsettt, Lender may require immediate payment in full of sU sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of axcleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordancx 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 perrnitted by this Security Instrument without further notice ar demand on Borrower. 2. Whin Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms staged in Section A above, Uniform Covenant 18 of the Security Instrument described in Section Bl above shall then cease m be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer. ~ the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any 1ega1 or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed. contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date io a purchaser. CONV t ARM Fhaed Pedod UBOR Rider paae a ~ 4 Inlgats: t U852-XX (OM01) BK 1 SSSPG~715 3 ' ,• A b • DOC ID ~: 0005522821303009 of the Property or any Interest in the Property is sold or transferred (or if If all or any part without Borrower is not a natural person and a beneficial interest in Borrowert full of all sums d by Lendet's prior written consent, Lends' may require immediate paymen this Security Instruntart. However, this option shall not be exercised by Larder if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be ~~~ ~ Lender infomtation required by Lender to evaluate the intarded transferx as if a new loan were being made to the transferee; and (b) Larder reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrunrtertt is acceptable to Lender. To the extent permitted by Applicable Law, Lender tray charge a reasonable fa as a condition to Lard consent W the loan assumption. Lender also may require the transferee to sign an moments made inarthe Note acceptable to Lends' and that obligates the transferee to keep all the promises and agree and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Inatntmart unless Lender releases Borrower in writing. t ~ full, Lender shall give Borrower notice of If Lender exercises the option to require immediate paymar acceleration. The notice shall provide a period of not less than 30 days from tree this 5ecurl~ty mart. Yf accordance with Section 15 within which Borrower must pay all sums secured may invoke any remedies Borrower fails to pay these sums prior to the expiration of this period, permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNIIQG BSI.OW, Borrower accepts and agrees to the terms and covenants contained in this FixedlAdjustableRste Rider. (Seal) orrawer (seat) -Botrnwm' (Seal) -Borrower (Seal) -Boaower ~ ARRA Flx.d LIBOR Rid°~ T Certi ry this to be recorded ,t,~-xXc~+-~+l P°9e4~n Cumberland County PA ;• '~a•,. ,'. ~~. . ~~ . ~• Recorder of Deeds BK ! 858PG471 ~ ~ ~ b ~ d e F C'l ~-- --' `; r' '. Ii ~,.. r... -' ~'r ___ ,•_} .i:= ...~ C C.:~ _` N C.r! +` G ~~ ~ Y~ r~ n_ i t~'ti -= r' 7 r 1'r~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03284 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS GRIFFITHS LEONARD R SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRIFFITHS LEONARD R the DEFENDANT at 1646:00 HOURS, on the 14th day of June 2007 at 132 WOODS DRIVE MECHANICSBURG, PA 17050 by handing to DEBORAH BROUGH, FIANCE ADULT IN CHARGE a true 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 25.92 Affidavit .00 Surcharge 10.00 .00 ~las'a? ~,... 53.92 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/15/2007 MCCABE WEISBERG ONW By. pu Sheriff A.D.