HomeMy WebLinkAbout07-4177LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2006-A:
c/o POPULAR MORTGAGE SERVICING, INC.
121 Woodcrest Road
Cherry Hill, NJ 08003
Plaintiff,
v.
GERTRUDE FRYMAN
245 West Middlesex Drive
Carlisle, PA 17013-8494
Defendant.
NOTICE
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PL/E~AS
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 this 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
maybe entered against you by the court without further notice for any money claimed in
the Complaint or for any other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE 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
Carlisle, PA 17013
(800) 990-9108
AVISO PARR DEFENDER
LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte
(20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una
aparencia personalmente o por un abogado y archivando por escrito con la Corte sus
defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido
que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser
entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la
Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede
perder dinero o propiedad o otros derechos importante pars usted.
LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI LISTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA
FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION
DE COMO CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONURARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
r~flTICE
Tlic aii'iClint C!I ~ ~l?r dt'Jt lS a5 Jt~itri I:l ti1C dtlaCile:i dOCU;:,:mot. i.11 : IIa;Tle n(1 i addi eSS Uf
the creditor to wt.om tl;e deft is ewed is as r;arte:i in the attached tlocur„ci.t. This is an
attempt bti~ a debt collector to collect a debt. Any information obtained brill be used for t`;at
purpose. U~iless you notify this office tivithin thirty (30) days after receiving this notice that
you dispute the validity of the debt or any portion thereof, this office will assume that this
`debt is valid. If you notify this office in writing within thirty (30) days from receiving this'
notice that the debt, or any portion thereof, is disputed, this office will obtain verification of
the debt and mail you a copy of such verification. Collection abencies are regulated by a
federal la~v which grants you certain rights. One of these is the right to have us cease
communication with you about this debt. If you ask us in writing to cease, we will. 'I'bis
la~v is.administered by tie Federal Trade Commissicn, Division of Credit Practices,
Washington, D.C. 20580. If you request this office in writing within thirty (30) days after
receiving this notice, this office wilt provide you with the name and address of the original
creditor, if different from the current creditor.
Peter l~ieltzer, Esquire
Ib00 Locust fit.
~Philadetphia, P1~. 19103
: Z15-545-3300
...«...,._ ~~Yiix~55'r:~~. ~:ra~.a..v +ar, n.u.uva~ar.:~„_.,
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK, AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2006-A:
c/o POPULAR MORTGAGE SERVICING, INC.
121 Woodcrest Road
Cherry Hill, NJ 08003
Plaintiff,
v.
GERTRUDE FRYMAN
245 West Middlesex Drive
Carlisle, PA 17013-8494
Defendant.
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS I `'~~ e ,,,,,
NO.: ~'`t - 177 ~c v ~ l.~ ` `~'~ " 1.
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the plaintiff, The Bank of New York, as Trustee for Equity One, Inc.
Mortgage Pass-Through Certificate Series 2006-A, by and through its attorneys, Law Offices of
Peter E. Meltzer and Associates, P.C., and files this Complaint in Mortgage Foreclosure pursuant
to the Pennsylvania Rules of Civil Procedure and avers the following:
PARTIES
1. Plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through
Certificate Series 2006-A, a New York banking corporation with an address at 121
Woodcrest Road, Cherry Hill, NJ 08003.
2. Defendant is the individual named above residing at the address given above.
VENUE
3. Venue is proper in Cumberland County under Pa.R.Civ.P. 1142 in that said County is the
county where the cause of action arose and the county where the real property which
secures the loan made by Plaintiff to Defendant is located.
FACTS
4. On or about November 23, 2005, Equity One, Inc., a Pennsylvania corporation with an
address at 121 Woodcrest Road, Cherry Hill, NJ 08003 ("Equity One") loaned
Defendants the principal sum of $167,920.00 with interest in accordance with the terms
and conditions of a certain Promissory Note of even date executed by Defendant in favor
of Equity One (the "Note").
>. The Note is secured by a Mortgage (the "Mortgage") executed by Defendant in favor of
Mortgage Electronic Registration Systems ("MERS), as nominee for Equity One,
granting Equity One a mortgage lien on real estate located at 245 West Middlesex Drive,
Carlisle, PA 17013-8494 (the "Property"). The Mortgage was recorded on November 30,
2005 with the Cumberland County Recorder of Deeds at Book 1932 Page 3083. On
December 14, 2005, the Mortgage was re-recorded to correct the legal description. The
Mortgage was re-recorded with the Cumberland County Recorder of Deeds at Book 1934
Page 2091.
6. Upon information and belief, the Property consists of a residential dwelling.
7. Defendant is the owner of the Property covered by the Mortgage.
8. Equity One assigned the Note and Mortgage to Plaintiff herein and the assignment is in
the process of being recorded.
9. Plaintiff is the holder of the Note and Mortgage and there have been no further
2
10
assignments of the Note and Mortgage.
As a result of the failure to make payments due under the Note since February 1, 2007
and thereafter, the entire unpaid balance of principal indebtedness, together with all
accrued and unpaid interest, and all of Plaintiff s costs as authorized in the Note are
immediately due and payable, comprised as follows:
Principal Balance Due: $166,217.96
Interest Due as of June 25, 2007: $ 5,963.10
Late Charges: $ 933.76
Corporate Advance Balance: $ 44.00
Prepayment Penalty: $ 4,933.98
Recording Fee: $ 13.50
Attorney's Fees: $ 8,609.05
Costs of Suit and Title Search: $ 350.00
Total Sum Due $1 87,065.35
11
12.
Interest accrues on the Note from June 25, 2007, at the per diem rate of $33.88 and there
is a monthly late charge of $58.36.
The attorneys' fees set forth above are in conformity with the mortgage documents and/or
Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriff s
Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged
based on work actually performed.
Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et sec .., and the
Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91,
35 P.S. §1680.401(c) et sec .., have been complied with or are not applicable.
3
WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the
property against Defendant in the amounts and with the per diem interest set forth in paragraph
10 above, together with interest at the rate set forth in the Note from the date of judgment, and
other damages and relief as the court may deem just.
Respectfully submitted,
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
Dated: ~ ~ l l ~~ BY~
P TER E. MELTZER, ES UIRE
VEAIFiCATi(~`d
I, Victor F. Parisi, Vice President, am chll}~ authorized to male tlus V"eritication on behalf
of Plaintiff,'and do hereby verify that the statements made in the foregoing Complaint are true
and correct to the best of my lalowledge, information and belief. I further understand that the
statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities. _
! ~'f dam' ~. i -~~•~i~'
/ Victor F. Parisi
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE
VS
FRYMAN GERTRUDE
TIMOTHY REITZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
FRYMAN GERTRUDE
DEFENDANT
the
at 1746:00 HOURS, on the 18th day of July 2007
at 245 WEST MIDDLESEX ROAD
CARLISLE, PA 17013
MARISSA L HOOPERT, ROOMMATE
was served upon
by handing to
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
Service
Affidavit
Surcharge
~~) 4,b`7 `-~
18.00
5.76
.00
10.00
.00
~ 33.76
Sworn and Subscibed to
before me this
day
of ,
So Answers:
R. Thomas Kline
07/19/2007
PETER MELTZER
.~-.
By'
eputy Sh iff
A.D.
Michael E Stosic, Esq.
Attorney ID: 90763
2207 Chestnut Street
Philadelphia, PA 19103
Phone: 215-913-5300
iN TAF f`lIiTRT (1F f'f1MMf1N PT.F.AC f TTMRF.Ri.ANII f'(IiTNTV PFNNCVi.VAN7A
The Bank of New York as Trustee
Plaintiff
v.
Gertrude Fryman
Defendant
CIVIL ACTION
FORECLOSURE
NO: 07-4177
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for the above named defendant(s) in the above matter.
Date:
Attorney for Defendant(s),
ichael E Stosic, Esq
Attorney ID: 90763
2207 Chestnut Street
Philadelphia, PA 19103
(215) 215-913-5300
t" ~ ~;
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cw,~
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Michael E Stosic, Esq.
Attorney ID: 90763
2207 Chestnut Street
Philadelphia, PA 19103
Phone:215-913-5300
iN TAF, CC1iTRT (1F C'nMMnN Pi.F.AC C`iiMRF.RT.ANn C(ITTNTV PFNNCVi.VeNie
The Bank of New York as Trustee
Plaintiff
v.
Gertrude Fryman
Defendant
CIVIL ACTION
FORECLOSURE
NO: 07-4177
lletendants, through counsel, hereby submit the following Preliminary Objections and
Memorandum of Law in support thereof
I. PRELIMINARY OBJECTION PURSUANT TO 1028(a) (2) IN THE NATURE OF
A MOTION TO STRIKE PLAINTIFFS COMPLAINT FOR FAILURE TO
CONFORM TO A LAW OR RULE OF COURT
Pursuant to 1147(1)) objection is made to the Complaint pursuant to a failure to conform
to a court rule. Pa.R.C.P., 1147(1) sates that "The plaintiff shall set forth in the complaint
the parties to and the date of the mortgage, and of any assignments, and a statement of the
place of record of the mortgage and assignments."
2. By averment of the Plaintiff, the mortgage assignment has not been recorded as such
there is no place of record and/or proof of ownership as the assignment is not attached.
WHEREFORE, Defendant respectfully requests that this Honorable Court sustain
Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff
shall become the owner of said mortgage and thus have standing to said bring said complaint.
II. PRELIMINARY OBJECTION PURSUANT TO 1028(a) (5) AS PLAINTIFF HAS
A LACK OF CAPACITY TO SUE
3. Plaintiff has not presented evidence that it is the owner of the mortgage rather it has just
avers that it has applied for the assignment of the same.
4. Plaintiff offers no proof of title to the mortgage and thus has no right under the mortgage
and thus has not standing to bring this suit.
5. If Plaintiff is holder by assignment at a minimum the assignment should be attached as an
Exhibit.
WHEREFORE, Defendant respectfully requests that this Honorable Court sustain
Defendants Preliminary Objections and dismiss the complaint until such time the Plaintiff
shall become the owner of said mortgage and thus have standing to said bring said complaint.
Respectfully,
Michael E Stosic, Esq.
Michael E Stosic, Esq.
Attorney ID: 90763
2207 Chestnut Street
Philadelphia, PA 19103
Phone:215-913-5300
iN TNF. C"C1iTRT (lF C'C1MMON Pi.F.AC C'T7MRRRT.eNit ('(tiTNTV PFNNCVT VAN7A
The Bank of New York as Trustee
Plaintiff
v.
Gertrude Fryman
Defendant
CIVIL ACTION
FORECLOSURE
NO: 07-4177
MUMUIZANllUM OF LAW IN SUPPORT OF PRELIMINARY OBJECTIONS
Facts
Plaintiff alleges Defendant has defaulted on said mortgage. Plaintiff filed a complaint in
foreclosure of said property. Plaintiff filed said complaint prior to being the rightful owner of
the mortgage on the property. Plaintiff now file the Preliminary Objections and Memorandum of
law in support thereof.
Legal Standard
"One of the most stalwart propositions of the law is that, in order to maintain an action, a party
must have standing;." Lal v. Ameriquest Mortg. Co., 2004 PA Super 302 guotingJe~ferson Bank
v. Newton Assocs., 454 Pa. Super. 654, 686 A.2d 834 838 (Pa. Super. 1996)
DOES PLAINTIFF HAVE CAPACITY TO SUE WHEN PLAINTIFF IS NOT THE
OWNER OF THE MORTGAGE?
Legal Argument.
"One of the most stalwart propositions of the Iaw is that, in order to maintain an action, a party
must have standing." Lal v. Ameriquest Mortg. Co., 2004 PA Super 302 ciuotingJefferson Bank
v, Newton Assocs., 454 Pa. Super. 654, 686 A.2d 834, 838 (Pa. Super. 1996)
In the case at hand, the Plaintiff just avers that the mortgage is in the process of being assigned
and/or recorded. The Plaintiff has shown no proof of ownership. The Assignment is not
recorded so it cannot be incorporated by reference and the assignment is not attached as an
Exhibit. As such, the Plaintiff has no standing to sue until such time Plaintiff can prove proper
ownership of the mortgage. This honorable court cannot take for granted that the mortgage
assignment is proper and/or legal and/or allowed and/or valid and/or even in existence. This
court must require some minimum burden to prove standing. It is a fact that there is no
document on record or attached as an Exhibit showing ownership by the Plaintiff. Plaintiff must
be the proper owner to have standing. If you allow this claim to stand then you are creating a
situation where anybody could walk into court to sue with no burden of proof.
Wherefore, Defendant respectfully requests that this Honorable Court sustain Defendants
Preliminary Objections and dismiss the complaint until such time the Plaintiff shall become the
owner of said mortgage and thus have standing to said bring said complaint.
Respectfully,
~1~~
Michael E Stosic, Esq.
VERIFICATION
I, Michael E Stosic, Esq. do verify that the statements made in said motion are true and correct.
The reason for the substitute verification is that Defendants and counsel are hours away and time is
of the essence to file said motion. Defendant will send a substitute verification. I understand that
false statements made herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to
unsworn falsifications.
LA'W OFFICES OF PETER E. ME1<,TZER
AND ASSOCIATES, P.C.
By: Peter E. Mcltztr
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
'11-IL BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2006-A:
c/o POPULAR MORTGAGE SEKVICING, INC.
121 Woodcrest Road
Cherry Hilt, N3 08003
Plaiintiff,
v.
GIr1ZTRUDE FRYMAN
245 West Middlesex Drive
Carlisle, PA 17013-8494
Defendant.
~~
THIS rS NOT AN
ARBITRATION CASE.
ASSJ/SSMENT OF DAIviAG)/S
I-IEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND CUIJN~'f Y
COURT OF COMMON PLEAS
NO.. p7 - ~f 1'17 ~w i ~~
You have been sued in court. if you wish to defend against the claims set forth in the
following pages, you must take aci5on within twenty (20) days after this complaint and
notico are served, by entering a written appearance personally or by attorney and filing in
writing with this court your defenses or objections to the claims set forth against you.
You are wat~laed that if you fail to do so the case may proceed without you and a judgment
maybe entered against you by the court without further notice for any money claimed in
the Complaint or for an}r ether claim or relief requested by the plaintiff Yau may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO 'Y'OUR LAWYER AT ONCE. Ir' 'YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPI30NE
THE OFFICE BELOW TO FIND UUT WHERE YOU CAN GET LEGAL TlJ1LP. TIiIS
OFFICE CAN PROVIDE YOU WITI~ INFORMATION A130U'1' HIRING A LA~VV•~'ER.
IF YOU CA'N'NOT AFFORD TO I•IIRE A LAWYER, 'I'I-IIS OFFICE MAY BE ABLE
~TU PROVIDE YOU WITI•I'1"PIE INFORMATION A$OCJT AGENCIES TFIAT MAY
OTTER LEGAL SERVICES TO ELIGIBLE PETtSONS AT' A REDUCED 1~EE UR NO
%`'`!~' 'lix `Y'!. X111 ~~Il!n} ~/ ~ 5 i'~(~ I ti•~.~1'r p~tpy/ ~
. U~JOYIV-+'.~ ~I rhlWi'~ ~fi~S 7r.i .,. i~.iY ~Y~7 ~'~~
~`~ t ~~ sa.+~? : yid Cou a-' ~:~viisle. t~'a
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ctuY-berland County liar Association
Liberty Auenua
Carlisle, PA 17013
(800)990-9108
AViSO pARA llEFENDER
US'fJ/D rIA S1D0 DBMANDADO/A EN LA CORTE. Si usted desea defender conta la
demands puestas en las stguientes paginas, usfed tienen que tomar accion dentro veinte
(ZU} dies despues que esta Demands y Aviso es servido, con entrando por eserito una
aparencia personalmente o por un abogado y archivando por escrito con la Corte sus
defenses o objeciones.a las demandas puestas en esta contra usted. Usted es advertido
que si fella de hacerlo el caso puede proceder sin usted y un jazgarr-iento puede ser
entrado contra usted por la Corte si~i mss aviso por cualquier dinero reclamado en la
17emanda o por cualquier otro reclamo o alivio solicitado por Demandante. [Jsted puede
perder di-iero o propiedad o otros derechos importante pare usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENL-'-' [1N' ABOGADO, VAYA 0 LLAME POR TELEFONO LA OrIC1NA
l~IJADA AQUI ABA70. ESTA OFICINA PUEDE PROVEERE CON INFURMACION
DE CO.MO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, L-STA OFICINA PUEDE
PKOVEERE INFOIZMACION ACERCA AGENCTAS QUE PUEDAN OI~IZECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRA"1'1S.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
{800}990-9108
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r~oTi~l/
T'!ie a!;,runt r.i ;dour e'a~t iS ~S ~tatri 11 ti?@'c~l'.'il~ilC!i C~t}Cll;'•:E~f. ~1.t1' G:11112 ?(iii 7ddi C$5 U~
t!te cr~ditar to whom tk;e debt is owed is as ranted in t5e tt:t~:oecl ciacur,~ent, !'his is an
attempt bti~ a debt collector to totlzct a debt. ratty iaformakian oats?ned >•vill i;e used for t'~~t
purpose, L'ttless you notify this of!ice t'vithin tttirky (3 t?) days after receiVinn this notice that
you dispute the validit}~ of the debt or actr portion thereof, this office will assume that this
debt is valid. If you notify this afCtce in writing within thirty (30) days Pram receiving this
notice that the debt, or gay portion thereof, is disputed, this office will obtain verification of
the debt aad mail you a copy of such verI~cation. Collection a;eacies are regulated by a
federal la~v which grants you certain rights. One of these is the right to Gave us cease ,
cotnmt:nicatiou~~~ith you about this debt. If you ask us is writing to cease, wt: will. This
law is.admiaistered by the i~:ederal Trade Comtnissiou, )i)ivision oi' Credit Practices,
ti'Vashington, D,C. 70580. Zfyou request this office io writing within thirty (30) days after
• reccivin$ ibis notice, this office will provide you with the name and address of the origiaai
creditor', if different from the eurreet creditor.
Peter l~~feitzer, Esquire
IbUO )vocust St,
~1?hiladetphia, P1~i 19103
' ZI 5.545-3300
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LAW OFFICIrS O)H'' P1ETL+'It E. M'L'LTZER
AND ASSOCIATES, P.C.
13y: Deter L. Meltzer
Identification No.: 39828
1600 'Locust St., Suite 200
Philadelphia; PA 19103
(2i5) 545-3300
THE RANI{ OF NEW YORK, AS TRUSTEE )~'OR
L:QUI'1'Y ONL==, INC. MORTGAGE
PASS-'fI-TROUGH CERTIFICATE SERIES 2006-A:
c/o POPULAR MORTGAGE SERVICING, INC.
121 Woodcrest Road
Cherry Hill, NJ 08043 :
plaintiff,
v.
GERTRUDE I=RYMAN
245 West Middlesek Drive
Carlisle, I'A 17013-8494
Defendant,
'fI~1S 1S NOT AN
ARBITRA"PION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys !'or Plaintiff
CUMBERLAND COUNTY
COURT' Or COMMON PLLAS
NO..
GOMPLAY~1'I' IN MORTGAGE FORECLOSilRE
AND NOW, wines the plaintiff, The Banlc of New 'Y'ork, as Trustee for Equity One, lnc.
Mortgage Pass-'Through Certificate Series 2006-A, by and through its attorneys, Law (Uffices of
Peter L. Meltzer and Associates; P.C., and files this Complaint in Mortgage Foreclosure pursuant
to the Pennsylvania Rules of Civil Procedure and avers the following:
PARTIES
2
Ylaintifl; The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through
Certificate Series 2006-A, a'i~1ew 'York banking corporation with an address at 121
Woodcrest Road, Cherry Hill, NJ 08003.
'Defendant is the individual named above residing at the address given above.
TZ/L0 3JCd 3~SI~21b~ d0 53~8~i9 Eb905bZLiL ZZ ~0T L00Z/L0/80
'VENUE
3. Venue is propar in Cumberland County under Pa.R.Civ.P. 1142 in that said County is the
county where the cause o'f action arose and the county where the real property which
secures the loan made by Plaintiff to Defendant is located.
C'A .TS
4. On or about November 23, 2005; Equity One, Inc., a Pennsylvania corporation with an
address at 121 Woodcrest Road, Cherry bill, NJ 08003 ("Equity One") located
Defendants the principal sum of $167,420.00 with interest in accordance with the terms
and conditions of a certain Promissory Note of even date executed by Defendant in favor
of Equity One (the "Note"}.
5. The Note is secured by a Mortgage (the "Mortgage") executed by Defendant in favor of
Mortgage Electronic Registration Systems ("1~~IERS), as nominee for Equity One,
grenling Equity One a mortgage lien on real estate located at 245 West Middlesex Drive,
Carlisle, PA 17013-8494 (the "Properly"). The Mortgage was recorded on November 30,
2005 with the Cumberland County Recorder of heeds at Book I 9321'age 3083. On
Dzcember 14, 2005, the Mortgage was re-recorded to correct the legal description. The
Mortgage was re-recorded with the Cumberland County Recorder of Deeds at Book 1934
Page 2091.
6. Upon information and belief, the Property consists of a residentia] dwelling.
7. Defendant is the owner of the Property covered by the Mortgage.
8. Lgcuty One assigned the Note and Mortgage to Plaintiff herein and the assignment is in
the process of being recorded.
y. plaintiff is the holder of the Note surd IvlortSage and there have been no further
2
iT/80 39t1d 3~SI~t~lti~ d0 S3~HC9 Eb905bZLTL ZZ ~0T L00Z/L0/80
10
assignments of the Note and Mortgage.
As a result of the failure to male payments due under the Note since February 1, 2007
and thereafter, the entire unpaid balance of principal indebtedness, together with all
accrued and unpaid interest, and all of Plaintiff's costs as authorized in thr; Note are
immediately due and payable, comprised as follows:
Principal Balance Due: $166,2]7.96
Interest Due as of June 25, 2007: $ 5,963.10
Late Charges: $ 933.76
Corporate Advance Balance: $ 44.00
Prepayment Penalty: $ 4,933.98
itecording Fee: $ 13.50
Attorney's ]vees: $ 8,609.05
Costs of Suit and Title Seazeh: $ 350.00
Tuts! Sum Due $1 87,065.35
12.
Interest accrues on the Note from June 25, 2007, at the per diem rate of $33.88 and there
is a montl-ily late charge of $58.36.
The attorneys' fees set forth above are inconformity with the mortgase documents and/or
Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriff s
Sale, It the mortgage is reinstated prior to sale, reasonable attorneys' fees will bo charged
based an work actually performed.
Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et sec .., and the
Homeowner's Emergency Assistance Act; Act of December 23, 1983, P.L. 395, No. 91,
35 P.S. ~+16$0.401(c) et ~, have been complied with ar are not applicable.
3
iT/b0 3Jtid 3~SI'l~Jd~ ~0 S3~Sti~J £b909bZLZL ZZ ~0I L00Z/L0/80
wHERrFO1tE, Plaintiff demands in rem yud~rrl~nt for fareclasure and Sale Of the
properly against Defendant in the amounts and with the per diom intCrest set Porch in paragraph
1 ~ above, together with interest at the tale set Torch in the Note from the date of jud6ment, and
other damages and relief as the court may deem just.
Respectfully s'ubmirted,
LAW OFFICES 4F PETER E. IVIELTZER
AND ASSOCIATES, P.C.
Dated: ~~~ ~ / J~ ny:
P ER 1":. MEI,TZER, ES DIRE
ii/0t 3JCd 3~iSi~2lt/~ ~0 S3~gti9 £ti909hZLTL ZZ ~0i L00Z/L0/80
vE~IrlcA~u..~
I, Vicror .C'. Parisi, Vice Preside~u, am duiv aeithcsried tc~ nrtl<e 11ti5 VeritiCatiUta an behalf
o(~ Piaintiff,'and do herby verify that the statett~ents made in tale foregoing Cotn},taint are true
anc9 correct to the best of my lmowled;v, information at~cl Uelief. I further understand that the
statements therein made axe subject to tl~e penalties of I$ Pa. C.S. Section x•904, relating to
UnSwOn'l falSiftcation to auChorities.
1 + ~
Victor F. Parisi
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LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
THE BANK OF NEW YORK, AS TRUSTEE FOR : CUMBERLAND COUNTY
EQUITY ONE, INC. MORTGAGE COURT OF COMMON PLEAS
PASS-THROUGH CERTIFICATE SERIES 2006-A: NO.: 07-4177
c/o POPULAR MORTGAGE SERVICING, INC.
Plaintiff,
v.
GERTRUDE FRYMAN
Defendant.
AMENDED COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the plaintiff, The Bank of New York, as Trustee for Equity One, Inc.
Mortgage Pass-Through Certificate Series 2006-A, by and through its attorneys, Law Offices of
Peter E. Meltzer and Associates, P.C., and files this Complaint in Mortgage Foreclosure pursuant
to the Pennsylvania Rules of Civil Procedure and avers the following:
PARTIES
1
2.
Plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through
Certificate Series 2006-A, a New York banking corporation with an address at 121
Woodcrest Road, Cherry Hill, NJ 08003.
Defendant is the individual named above residing at the address given above.
VENUE
3. Venue is proper in Cumberland County under Pa.R.Civ.P. 1142 in that said County is the
county where the cause of action arose and the county where the real property which
secures the loan made by Plaintiff to Defendant is located.
FACTS
4. On or about November 23, 2005, Equity One, Inc., a Pennsylvania corporation with an
address at 121 Woodcrest Road, Cherry Hill, NJ 08003 ("Equity One") loaned
Defendants the principal sum of $167,920.00 with interest in accordance with the terms
and conditions of a certain Promissory Note of even date executed by Defendant in favor
of Equity One (the "Note"). See Exhibit "A" attached hereto,
5. The Note is secured by a Mortgage (the "Mortgage") executed by Defendant in favor of
Mortgage Electronic Registration Systems ("MERS), as nominee for Equity One,
granting Equity One a mortgage lien on real estate located at 245 West Middlesex Drive,
Carlisle, PA 17013-8494 (the "Property"). The Mortgage was recorded on November 30,
2005 with the Cumberland County Recorder of Deeds at Book 1932 Page 3083. On
December 14, 2005, the Mortgage was re-recorded to correct the legal description. The
Mortgage was re-recorded with the Cumberland County Recorder of Deeds at Book 1934
Page 2091. See Exhibit "B" attached hereto.
6. Upon information and belief, the Property consists of a residential dwelling.
7. Defendant is the owner of the Property covered by the Mortgage.
Equity One assigned the Note and Mortgage to Plaintiff herein and the assignment is in
the process of being recorded. The Assignment was recorded with the Cumberland
County Recorder of Deeds on November 9, 2007 at Instrument No. 200742463. See
Exhibit "C" attached hereto.
9. Plaintiff is the holder of the Note and Mortgage and there have been no further
2
assignments of the Note and Mortgage.
10
As a result of the failure to make payments due under the Note since February 1, 2007
and thereafter, the entire unpaid balance of principal indebtedness, together with all
accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are
immediately due and payable, comprised as follows:
Principal Balance Due: $166,217.96
Interest Due as of June 25, 2007: $ 5,963.10
Late Charges: $ 933.76
Corporate Advance Balance: $ 44.00
Prepayment Penalty: $ 4,933.98
Recording Fee: $ 13.50
Attorney's Fees: $ 8,609.05
Costs of Suit and Title Search: $ 350.00
Total Sum Due $1 87,065.35
11
12.
Interest accrues on the Note from June 25, 2007, at the per diem rate of $33.88 and there
is a monthly late charge of $58.36.
The attorneys' fees set forth above are in conformity with the mortgage documents and/or
Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged
based on work actually performed.
Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et sec .., and the
Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91,
35 P.S. §1680.401(c) et sec .., have been complied with or are not applicable.
3
WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the
property against Defendant in the amounts and with the per diem interest set forth in paragraph
10 above, together with interest at the rate set forth in the Note from the date of judgment, and
other damages and relief as the court may deem just.
Respectfully submitted,
LAW OFFICES OF PETER E. MELTZER
AND ASSOC TES, P.C.
Dated: December 28, 2007 By: ,1,.
PETER .MELTZER, E
4
EXHIBIT "A"
• ~Y
ADJUSTABLE RATE NOTE ~ ,
Oi~~C~INAL. ~.,>~R>r~_ RateCaps,
MIN 1000466-0000573909-0
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATB AND MY MONTHLY
PAYMEN9', THIS NOTE LIMITB THB AMOUNT MY INTEREST RATE CAN CIiANGE AT ANY ONE TIME AND THE
MAXIMUM RATE I MUST PAY.
November 23, 2005 Marlton New Je>j~yl
lDatei tCny]
245 W MIDDLESEX IIt ,CARLISI,E,PA 17013-8494
tPiapary AAdKSSI
1. 130ItROWEB' 9 PROMISE TO PAY
Tn rebenr far a loan that I have received, I promise to pay US. S 167, 920.00 (this amount is called
"Principal'), phis interest, to the ceder of the C.atder.'Irie Lender is ~itY .One, Inooxporated
I w111 make all payments Hale this Note in the foam of qsh, check a retoney order.
I rmders~erd drat the Lender may ttattsfe this Nate: The Leader trr anyone who takes this Note by transfer and who is entitled to
receive paytoenls under this Note is ailed the "Note Holder."
2. IN'i'SRBBT
interest witl be charged on unpaid principal until the ful[ amount of Principal has bem paid. I will pay interest at a yearly
rate of 7.9400 9b. The interest rate I will pay may ciwnge in aexordance with Sectba 4 of this Note.
The interest Bate required hY this Sectiaa 2 and Section 4 of this Note is the rate [will pay both before and after any default
described in Section 7(B) of this Note.
3. PAYM6NC5
jA) T"tme and PLa o?Paytnatta
1 wlp pay Principal aal interest by making, a payrrxnt every mmrth.
I will make my monthly p®ymenls on the first day of each month beginrdng on Jdrnadry 1, 2006
1 will make dteae payroems every month until I have paid all of the principal and interest and any ether tdrarges described below that i
may owe under this Note. Each monthly paymert will be applkd as of fts scheduled due date and will be applied to interest before
Principal. If, on Deoanber 1, 2035 I still owe amounts under this Note, I will pay those amounts
in full on that date, which is called Ike "Matetrity Date:'
I will make my monthly paymags at 301 Lippincott Drive, Marlton, NJ 08053
or at a different place if requhed by the Note Holder.
(B) Amoemt of My Initial Monthly Psymetsta
Bach of my initial monthly payments wIIl he M the amount of U.S. S 1,167.23 This amount may change.
(C) Morii3rly Paymatt Chewgea
Changes in my monthly paymerrt will reflect changes in the anpaid principal of mY loan and in the interest rate that 1 must pay. .
The Note Holder wiD determine my Brew interest rate acrd the changed amount of my monthly paymeTd in accordance with Section 4 of
this Natc.
E972911
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(r1~72t NOTE NUITI STATEI
4. INTBBEST RATE AND MONTHLY PAYMF.N'f CHANCiBS
[A) Chat-Be Dtt~
'The interest rate I wlll pay may change on the first day of December, 2007. ,and on that day every sixth
mondt thereaNer. Each date on which my interest nle could rliange is called a "Change Date.
(H) The Iadao[
Beginning with the fhst Change Date. my hilerest rate will be based on an Index, The "Index" is the average of interbank offered
rates for six-month U.S. dolhv-deraminated deposits In the London market {"LIBOR', as published in the i1i11 Street journal. The
most retxnt ladex i"igtrre available as of the first business day of the momh immediately ptecetltag Ibe month in which the Change
Date octarrs is called the "Current Index"
If the Index is no longer avallahh:, the Note Holler will choose a new index that is based upon comparable infirrmadoa. The Note
Holder will give me notice of this choice.
[C) GlouLtion of Cheerios
Before each Change Date, the Noce Holder will cakvlate my new interest rate by adding 51x and ~ /Half
pencsutage points ( 6.5000 %} to the Cutt~eat Index. The Note Holder well
then mmd the result of this addition to the nott highest one-eighth of one percentage point {0.125 96}. SubJecK to the Iin-its stated in
Sactloa 4{D) below, this rounded amount will 6e my new interest rate umil the next Change Date.
The Nate Holder will then determine rite amount of the mondrly payment that would be sufticiemt to repay the unpaid.princlpal
that 1 am expelled to owe at the Change Date in tuB on the Mattairy Date at ttry new interest me in substamlally equal payments. The
result of this calculation will be the new amoum of my monthly paymem.
(D) Limns on Interert Sate Change
The interest me 1 am required to pay at the ffo<st Change Date will naf be greater than . 10.4400 % pr less
than 7.4900 96. Thereafter, my interest rate wait trever be i~aeased or dntx~sed tm airy single Change Date
by more fhan ate and ate half percentage pohit; (1.5t)0 %) from die rate of interest [have been payhrg for the preceding six matrths.
My ffiterest.rate will never be greater than I3.9 400 % ar less than 7.9400 % over the fife of the loan.
(B) 8ffixkive Date of Chonges .
My sew interest rate will becotae effective ar each Change Date. I will pay the anramt of my new monthly payment beginning
on the first monthly payment date after the Change Date until the amount of my triondtly payment r~ranges again.
[F) Nona of
The Note Holder w(ll deliver or mail to me a ndice of any ehareges M my interest me and the amount of my monthly payment
before the effective date of arty change. The ratite will lnchrde informarion required by ]aw to be given me and also the title and
telephone numbs of a person who will >tnswet' any question 1 may have regudlttg the notice.
5. BORSOWBR' S RIGHT TO PSBPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"PrgraymertE.' VYhett 1 make a Prepsymem, I w111 tell the Note Holder In writing that I am doing so. I may not designate a paymem as
a Prepaym®t if I have not made all the monthly payments due ender the Note.
i may make a full Prepayment or partial Prepayments without paying tiny Prepayment charge. The Note Holder wt0 use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the aanred and unpaid Interest on the Prepayment amount before applying my Prepayment to reduce the Principal aaraurtt of the
Note. Cf I make a partial Prepaymeab there will be to changes in the due dates of my monthly payments unless the Note Holder agrees
in writing to Vase changes. My partial Prepayment may reduce the amount of my moattily payments after the first Change Date
follawinB mY P~ Prepayment. However, any reduction due ro my partial Prepaymem maybe offset by an interest me increase.
6. LOANCHAA(38S
If a law. which applies to this loan oral which sets maximum loan charges, is Snaky brrerptated so that the ineerest or other loan
charges calkcted or to be collected in cormxdtm with this loan exceed the permitted limits, then: (a) any such loan charge shall be
reduced by d-e amount accessary to reduce the change to the permitted limit; and (b) any sums already collected ham me which
exceeded permitted Iinrlls will be refunded to n-e. The Nate Holder may droase to make this refired by redacing the Principal I owe
under this Note a by making a direct paymeirt to me. if a refund reduces Principal, me reduction will be trotted as s partial
Prepayment.
E972911
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7. BOBRO WBB' S FAILURE TO PAY AS RBQUIR6D
(A)Late.Ciutr~ fnr Ovadnc PaymtsaGr
If the Note Holder has not received the full antaunt of any,ttantidy payment by the end of 15 calendar days after
the date it isdue, I will pay a late. charge to the Note Holder. The.amourt of the cltatge wlll be 5.0000 96
of ttry overdue payment of principal and interest I wll1 pay this late chatgt promptly but only once on each ]ate payment.
(B) Defauh:
If i do not pay the full amount of each monthly payment on the date it is due, I wi116e in default
(C) Notice of Dellsuh
If 1 am in default, the Note Holder may. send the a written nodce telling the that if 1. do not pay the overdue amount by a certain
date, the Note Holder may require me to pay immediately the full atnourrt of Principal which has rmt been paid amt all the imerest that
I owe on that amount. Thal date must be at ]east 31) days after the date on whteb the notice is mailed to me or delivered by otter
means.
(D) No Waiver BY Note Holder
1'sven if, at a Hme i am in default, the Nate Holder dots not require me to pay imntedlately ht full as described above, Ute Note
Hohia will stlll have the right to do so ff [ ant in defautt at a later dme.
(E) Payment ofNttta Holde<'a CotRa cad Ettptmaea
>f the Note Haller has required me to pay in full as described above, the Note Helder will have the fight to be paid back by me forall
of its costs and expenses in enfordng this Note to the extent rot pmhibhed by applicable law. Those ettpettses include, far example,
reasonable attorneys' fees.
8. GIVINO OF NOTICES
Unless applicable law requires a diffetettt method, any notice drat most be given to me under this Nate will be given by delivering
It or by tnailiag it by first class mail to the at the Propery Address above or at a different address if i give the Note Holder a notice of
my different address.
Any nodce drat must be given to the Note. Holder under this Nate wUl be given by delivering it or by malting It by first class mail
to the Nole Holder at the address stated in Setxioa 3(A) above or at a diffetettt address if I am given a notice of that dif#'etrnt address.
9. OBLIGATIONS OF PHRSONS UNDER THIS NOTE
)f mare than one person signs this Note, each person is fully and personally obligated to keep ail of the promises made in this Note,
htchtdittg the promise to pay the full atttount owed. Any person who is a guatatttot, surety w endorser of this Note Js also obUgated to
do these things. Any person who takrs over these obligadons, Includhtg the abligadans of a guarantor, surety or endorser of this Note,
is ado obligated W keep all of the promises made in this Note. The Note Holler may enforce its rights under this Note agahtst each
person htdhridually or against all of us together. This means tfiai any one of us may be required to pay alt of the amounts owed under
this Nole.
l0. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"
means the fight to require the Nate Holder to demand payment of amounts due, 'Notice of Dtsbmtor" means the right to require. the
Nate Holder to glue nodce to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Nate Fs a uniform instmment with liatited variations in some Jurtsdictlons. in addition to the pnr#ecdoats given to the Note
Holder wider Uds Note, a Mortgage, Deed of Trust or Security Deed (the "Security Insttument'~, dated the same date as this Note,
protects the Nate Holder from possible losses which might rrsult if I do not keep the promises That 1 make bt this Note. That Security
Instrumertf desorlbesv how and snider what conditions I may he regnired to make Immediate payment in full of all amounts 1 owe under
this Nate. Same of those rnndiUons are described es follows:
E972911 ~ ~~~
at•atat.~ wa• a er ~ ~,/ tnuiau:
~s o6mot 6'Y/
trmaat ~ar¢ win sr~Tq
Traoafer of the Ptoparty ar n Btmeiicial Interest in Borrower. If all or any part of the Property or any Interest ,
In the Property is sohi m Iransfe[red {ar if Borrower Is not a natural person and a beneficial imerest in Borrower is
sold ar transferred) without Lender's prior written consent, Lender may require immediate payment to full of aq
sums sea¢ed by this Security ImlrumeM. However, this option shall not be exerdsed by Leader if exercise is
prohibited by Applitsthk Law. Fender also shaII rmt exercise this option lf: (a) Boaower causes to be submttted b
Lender btfomtation roquircd by Lender to evaluate the trnended transferee as if a new ktan were being made to the
transf'aee; a~ (bj Lender reasonably determines that Lender's security wlA not 6e impaired by the loan assumption
and that the risk of a breach of any covenant w agreement in this Security instrvmeM is acceptable to Lender,
To ~ eztettt prnnitted by Applicable Law, Lettder may charge a reasouahie fee as a condition to Lender's
consort to the Ioan assumption Lends may also require the transferee to sign an assurtlption agreement that is
acceptritik to Leader and that obligates the bansferee to keep all the promises and agreements made la the Note and
in this Security Instmntent. Harrower will continue to be obligated ~mder Nte Note and this Security Instrument
unless bender releues Borrower in wilting.
If Lender exercises the option to require bnmedkte payment la full, Lender shag glue Borrower notice of
accekraHon. The rwtice shall ptrn'ide a period of nM less Than 30 days from the date fhe notice is given in
aaordance wHh Section 15 wtthht which Borrower must pay all scans secured by this Security Instrument. If
Borrower lolls to pay these sums prior to the expiration of ibis period. Lender may invoke arty remedies pemtitted
by this Security Instrurneat without further notice a demand on Borrower.
WITNLrSS HAND(S~ AND SEALS} OF THE UNDERSIGNED,
- (Sean - - - (Sean
GEIt'fRIIGE ERYMAN - - .
_ (seen
-tianao
_ {Sean
.n~,e
(seal} {seen
-Bmrowrr .Barawa
_ (Seal}
-Borrowv
_ (Seal)
13aT+owa
(S~a t~nalOnN1
E972921
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nld6Y2T NOSe WLTI STATE)
EXHIBIT "B„
a .~ ! •
. ~ prepared By:
c7nristina Telles
301 Lippinooft Drive
Marltom, Ak7 08053
Rdarn To:
Equity tYie, inc.
301 T.ippirrott Drive,
MaTltOr1, NJ 08053 .
Partxl Number:. ]'remises: 245 W MIDD1~{ i2t
C~RLISIE,PA 17013-8499
A[laan TOia Lies Far Itasardira lleh]
MORTGAGE
' MIN 1000966-0000573909-0
DEFIlVITIONS
Wards used in multiple sectloas of this doarment are dellned hehlw and albs words am defined in
Sectlons S, 11, 13, 18, 20 and 2[. Catabr rules regarding the usage of words used in this tlocl-snetit are
also provided Lt 5ectioa~ 16. ,
(A) •Seatrity Inatrametu" tn~tia tlds dticnment, whkh is dated Nosrertiber 23, 2005
together with all Bidets to tLis doaament.
(8) •Borrtrwar' is C~RUI7E FRld~P~iN
Botruwer is the moaYgagor under tbis Seanity fusttlutreart. .
(~ 'M6S8' is Mortgage Eletxmmlc ReglstraUon Systems, Inc. MERS is a separate cotporatioa that is
adiag solely as. a nominee for Lender and Calder's successors and asslgos. MGRS is the mottgappx
under this 8aonrity Itiatrttesant. MFRS is organized and exlsitng undo the laws of Delaware. and has au
address and lelephoae number of P.O. Box 2026, Flint M[ 48501-2026, tel. (888) 67~MERS.
E972911
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Paa~1W7a ~'~ ~~ f ~~~,®I~
Vie'If,Ma~p 9tlWaes, M. p0a162t•72e7
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(D)•Ltendq"is Equity One, Incrorporat~d
~-• ~:
Lender is err"t„osporatiorr
orgaairxd sad efdsting under the laws of` Pennsylvania
Leader's address is 301 I,ippintrott Drive, Marlton, NJ 08053
{8}'~" ~frteans the praaissoty note sighed by Borrower sad dated November 23, 2005
The Note stator drat Borrower owes Leader tie Htutdreci Sixty Sevtnl Tttwsanci Nine
fiurr3red {15~r2nty and na/100 Aollus
(U.S, i11S1, 920.00 )Plus interest. 1Borrovver has premhted to pay this tit# iA regakr Periodic
Payments aipd to pay the debt is loll not later than December 1, 2035
(F} 'Property" mesas the prapaty that is destxlbed bcltnv under the heading "Transfer of Rfgh-s in rite
Property' ~±-:
{[I) •Ltfea~ mesas Ifte debt evidenced by the Note. phts interest. eery Prepayment charges aril late charges
due ender the Note, sad aU satin due under Utis Senaity InsUument, plus interest.
(ld) •ltiders" mtutas a0 Riders to this Security Itrstrttmettt that are executed by limrower. 1Le following
Riders are m be executed fry Borrower f check box as appUcabk]:
;,
~='
AdJustabk Rate Rider ~ Cottdmninium Rider Stwond Home Rider
Balloon Rider Plaaaed Uuit Development Rider ~ l~ Family Rider
VA Rider ~ Sh±veeltfy Payment Rider ~~~JJJ Other(s) (spet:ifyj
(I} "Applioahk Ltfvr' means al! coatruNing applicable federal, state and hx~l statutes. regulations.
ardimaces and adttdrthlrative roles and orders (that have the effect of law) as well as all app a final,
Iron-appealable judioal opinions.
(n 'Caasmttaily Anociatwa Dues, Fees, sad Aneamonb" means a1T dues, fees. assessmrnts and other
charges that tae Imposed on Borrower or the Property by a condonrhtium assceiatimr, homeowners
assatdatloa or similar organization.
{Z) ']31eGrassit: Panda Trttmsfor" means anyy trransfer of fonds, other than a traroadion ariglttated by
check, draft, or slroiiar papa irrahornertt, which le hdliated through as ekt~onic tetmi~l, telephonic
instrument, computer, or a~agadic~ l1aappse so as to order, insund, err authorize a Rnanciai inslitudon to debit
or credit as account. Sack berm iaclirdes, but is rat ilmhed m, poiatot'-sale transfers, automated teller
toachine haasactluos, traasfas ieitlated by tekpbone, wire transfers, and automated clearltrghmtse
(L) "F.tiatow Itomd' mesas t)mse iteos that are described is Sectiw 3.
(M) •l[iaottllanaoutt tkooaada' tneaas any n. se[tiar~erd, award of damages. a•~ proceeds paW
b say third Party (atl-er than insurance ~s paidmder the coverages described in Section 5) for: (i)
damage ter, err deslsuciior- of, the Property; {ii) caredenrnadon or other taking of all or any part of the
Property; (iir~ caeveyantx la Iku of cotrdemnatlon; or (iv) misrepreseatatioas of, or omissions as to, the
vaMre and/or comtiillon of the Properly.
~ Martplye Iattoranco' mtsros insurance protecting Lender against the rwapaymemt oF, err default on,
{O)'Periadie Psyromrt' means the r+egtdarly scheduled amount dove for m Principal and interest under.the
Note, plus (ll) any amounts under Section 3 of this Security instrument.
E972911
tnWe
-6A(P/1) tom verge z err is Fain BIISa 7A1
{Y) 'BBSPA•.-means the Real Estate Settlement Procedures Ad (12 U.S.C. Section 2601 et seq.) and its
impleoYerting gaIorlon, Regulatjon X (24 C.F.R. Part 3500}. as they might be amended from tune to
time, or any adnal of successo[ legislation or regtdatfon that gaverta the same snbjeci matter. As used
in this Secur~y Ins~umeat, "RESPA" refers to afl regntserrretds and restrictions that sre imposed in regard
to a "federallyy related mortgage loan` even IF the loan does trot qualify as a 'federally related nwrigage
Icran' rmda RESPA.
(~'Suaoerao%m IntaeK ofBorrawa' means any parry that has taken title to the Property. whether or
not that patty lips asstmred Borrower's ohltgations under the Note aadlor this Security Instrument.
TRAIVSFBR OF RIGHTS IN TfII: PROPERTY
,~:
This Seatrity Insirnnrdti secarea ro Lender. (i) the repayment of the Loan. and all reneryafr, extension and
modiGcatiaus of ttie Note: and (tit the performance of Borrower's covenants and agt'eetrtents under this
Sciarrity Lntrument and the Note. Far this purpose. Borrower does hereby mortgage, grant and convey ro
MERS (solely: as nominee for Lender and Lender's successors and assigns} and to.the successors and
assigns of MFRS. dte following ~~ P1OP~ty locatod In the t]CATt~TY Cryri or ttecu.ateg tu~+dtotlonl
of ~? CU4~RT.AND (Nome of Rewrding Jurtsetrtml:
u`'EE ATTA~D LEGAL. L~SC~tIPTION
t.
iwr
~i
~:
b
~'x.;
R;
~+
.k
. which currently bas the address of
295 W MIL1E)IF~ DR Istnerf
~Atxr.rsr,t. `#~? lC4y1, Pennsylvania 17013-8494 lZrp cal
("Property Atkbt;SS"):
TOGETHER WITH all the improvetoen[s stow or hereafter erected on the property, and all
easemettts. appurleaaaces, and 8xtaret now or het+~fter a part of the Ail cements and
addkimn shall: also be covered by this Seturlty Instrument. All of the ~g bole to in this
Sea~rity Ltstcument as the "Property." Borrower understands and agrees that RS only legal ti11e
ro the Interests ed by Borrower in this. 5ecurlt~y htstrument, but. if t~eee~ry to wmpiy with law or
custom. MERS as nt>,nittee for lender and Lender s sacassots and ~ssi~ns} has the t: to exercise any
or all of thoae;irtterests, hrcludmingg, but not limited to, the fight ro Foreclose and se11 t Properly: and to
Wke airy atxion regttL+ed of Lender Includhtg, but not limited m, rekasing a ling this Security
lnswment. ;"3
' E972911 .
wnas;
~.a~nytceaa r.o.aer,c Fwmsota iJOt
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby cotrveyed and has
the right to mortgage, gran and convey the Property acct that the Property is vneucumbered, except for
enwmbrances of record. Borrower warrants and wi0 defend geticralfy the tlde to the Property against ap
claims and detaaads; subject ro arty tmarmbnaces afaiecord.
THIS SECURITY HVSTRUMENT rnmbbtes uniform tbvenaals for national use and non-mdfatm
.covenants with Bmited vadatiaus by jurisdictiem'to constitute a uniform security fmtrument covering real
Pr~tlY•
UNIFORM COVENANTS. Borrower and Lender ctrvenant and agree as follows:
1. Payment oft Principal, Iottxod, &ataavv Ittmta, Prepayment Chtugea, and Late Chsrgea. ,
Bttrtmver shall pry whin thre the principal of, and interest tut, the debt evidenced by the NtKe.and any
prepaytneat charges and ]ate charges thte order the Note. Harrower sltaIl aL4o pay fiords for Escrow Items
pnrswtrt to Seuiort 3. Paymeras due under the Note anti this Secarily Ltstrument shall fie made in U.$.
currency. However. if any check or other iostrumeut received by Lender as paynxnt ua~r the Note or this
Severity Iruarimteot is returned to Lender nnpaM, Lender' may require that any' or aIl subsequent payments
due coder the Note and this Security Instrument be made in one or more of the folhtwing forms, as
sehxted by Lender: (a) cash: (b) money atria; {c) certified cheek, bank check, tteasnr+er's check or
cashier's check, provided any such check is drawn upon as iastitntioa whose deposals are Lisrtred by a
federal agenry, lostrumeMality, ar eotlty; or (d) Electronk Frauds Transfer.
Paynreuts are deemed rt:cdved by Lender when tsceived at the location designated In the Note or at
such other kuxtlon as may fie desigmted by Leach in accordance with the notice prtwisions in Section 15.
Lender may nttnn any payment ar partial payment if the paymnut or partial paymeuls are insufficient to
bring the Lawn entreat. Lender may accept. nay payment to Partial Payment insufiicieat to bring the Loan
current, without waiver of any Hghts hereuathx or ptEjudice to its rJghts to refuse such payment or partlal
payments In the fature, but 1-ender' is not obligated to apply such payments at the time such paymeuts are
accepted. if txrcit Periodic Payment is applied as of its scheduled due date, rhea Leader need not pay
inta+est on tmapplied fiords. Leader may hold sttclt uoapptled lauds uatll Botrawa makes payment to bring .
. the Loan current. If Borrower tine not do so within a masonabk period of time, Leader shall either apply
such fuatk or rntom dtestt to Boriawer. if not applied earlier, such Fiords will he applied to the outstanding
principal balance order the Note immedlatety prior to farecltrsure. No offset er claim which Borrower
might have Dour or ie the future agaiau Leader shall relieve Borrawa from making payments due under
the Note and tkb Stxmiry Insitnatent a performing the covenants and agreements secured by this Stxtittity
lasiruordrt.
2. Applitmtion of Paytnmtti ~ Prtaeedta Except as otherwise tksrzibed in this Sectiou 2, all
payments atxepted and applied by Lender shall be applied m the folltnviug order of priority: (a) interest
due order the Note: (b} Pchtcipal due antler the Nate: {c) amtwttts due under Section 3. Sadt payments
shaIl fie applied to each Periodic Payment in the order in which it became tine. Any remaining amounts
stmIl be applied first to kite charges setxad to any tNba arntwnts due under this 5ecarlry Insdvmeat, and
then ro reduce the principal balance of the Note.
If Lerch receives a payment from BorrmMer for a telinquent Periodic Payment which inclnth~ a
sufiitient arnoard to pay eny late charge due, the payment may be appIled to the delinquent payment and
the late charge. if mime than Doe Periodic Payment is outstanding, Lender may apply any' payment received
from Borrower to the repaytaient of the Periodic Payments if, and to the ,each payment
E972911
Hu.r:
~~-(~+i town vy.. d,a ~ Foem 9058 tl01
t:ao be Pad "tn fall. To the exteN Nat any excess exists after the payment is applied to the fu11 payment of
one or more Periodic Payments; ~rclt excess may be applied to any Tate charges due. Voluntary
prepayntettts shall be applied that to any prepayment charges and Nen as desuibeA in the Note.
Any appBt9tioo of paytrteats, insurance proceeds, or Miscellaneous Proceeds ro principal due under
the Natt shall mt etnrutd or ptisipoae the doe date, or rh~pn the amount, of tlu Periodic Payments.
3. Funds Sor Eacrtrar Iteaaa. Borrower shall pay to [.ender tm the day Periodic Payments are due
under the Noce, utt41 the Note is paid in foil, a som (the "Funds"} to providt: for payment of amounts dot
far: (a) taxes and asresstaealc and other Berns which can attain priority over this Searity Inslrumeai as a
Bm a wcumbtmatce oa Ne Property: (b) leasehold payments to gromtd 'rents oa the Property. If any: (c)
prerninms far arty and all ittarrattce requited by Lender uuder Sectlon 5: and (tQ Mortgage Irrsvntue
premiums, if atry, ar any autos payable by Bon^ovrer Io Leach' in lien of the payment of Mortgage
Iasut811ce prtaotums in arrnrdaace with the prov>sio~ of Section 10. These Itetnt are called `Escrow
Items." At orlgloatlon or ei any dme dtrdag die term of Ne Loan, Letttter raay require that Community
Assawl3on Dues, Fees, and Assessments, if any, 6a escrowed by Borrower, and such does, fees aed
azsessroaNS shall be an Escrow Item. Bortnwer shall promptly furnish to Lender all notices of amounts to
be paid nrtder ibis Section. Borrower shall pay Lender tite Funds fm' Escrow ltemc unless Lender waives
Borrower's obligation to pay the Fnnds for any ar all Escrow Items. Lender may waive Borrower's
obligatlon to pay to Lender Fonds for any ~ all Escrow [terns at any brae. Any such waiver may only be
la wdtlng. In the event of such waiver, Borrower shall pay directly: when and where payabk, the amounts
due for arty Fsarnv Items for which payment of Funds has bean waived by Lender and. If Leader requires,
shaD furnish ro Leader receipts evidencing sack lwyment within such tlnre period az Lender may require.
Borrower's obligation tti make such payments and ro provide receipts shalt for all purposes be deemed to
be a coveroat anti sgrettmeM optrtaktred In this Se[.nrlty lnslruatent, as the phrase "ctrvenattt and agreement"
1s used is 5etxbn 8. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Btnmwer fails to pay the amount due for an Escrow item, Lender may exercise itS r[ghts under Section 9
and pay sash sotootu and Borrower shall then be obligated under Sedioo 9 to repay to Lender any such
aatarat. Lsttder may rtwke the vraiver as to any or all Escrow Hems at atry time by a notice given in
accordance wiN Setdloa 15 aced, upon arch revocation, Borrower shall pay to Lender all Funds, and in
suck antawtts, that are lion required andtx skis Sactioa 3.
Lender may, at nay time, collect sad Bold Funds in an amoutd (a} snftlcsmt to permit Gender to apply
the Fonds at the time specified under 1tESPA, aced (b} not to exceed the maximum anrouM a hrtder can
regohe under RESPA. Lender shall estimate the amoum of Funds due on the basis of currerd data and ,
reasntmble estimates of expeadesttres of future Escrow Items ar otltetwlse in accordance with Applicable
Law.
"the Foods shall be held in ati itrstttution whose deposits are inavred by a federal agency,
ittswmeruality, er entlly (Iacludirrg Lt9der, if Leader Is an iostliutlon whose deports are so insured) or in
atry Federal Home Loan Bank. Lender shaIl apply Ne Foods to pay the Escrow Items no later than the time
spet3lied taller RESPA. Lender shall net charge Boaowtx far hohflng and applying the Estrella, annually
analyxtrtg the escrow atxomk, or verlfyhtg the Escrow Items, mtless Lender pays Borrower interest on the
Fuads.and Applicable l.a-v pertness Leader to make such a t~targe. Unless as agreement is trade in wilting
or Applicable Law requires Interest ro be paid on the Fiords, Lender shall sot be required to pay Borrower
any huerest a caroLtgs oa the Funds. Borrower and Lender can agree fo tvritin , ever, that interest
E972911
i,rW.:
t~~t~ AIr07~ Pero 6 or 16 Faun aost- 1107
shag be paid oa the Funds. Lender shall give ro Borrower, withoot charge, an atmual acrnmHng of the
Funds as regttfo;ed by ]1FSPA.
If there is a surplus of Fwtds held in escrow. as defirud under RESPA, fender shall account ro
Borrower far the excess foals in atxordance wilh I2ESPA. If there is a shortage of Funds beW in escrow,
as defined artder itFSPA, Lender shalt notify Borttmver as required by RESPA, and Borrower shag pay to
Lender the amount necessary to make up the shortage In accordance wiW RESPA, bat in ne mare Uwn 12
monHtly payments. If there is a defkieory of Funds held in escrnw, ag defined Hader RESPA, Lender shall
notify Borrower an reguired by ItESPA, and Harrower shag pay to Lender the arnontitt necessary to make
up rite deficiency a accordance with IiBSPA, but ro no mare than 12 monthly paynteats.
Upon paymau in fall of all sums seared by this Security htsmttuent, Leader shall promptly refund
to Boriowa any Funds held by. Lender.
4. Chargtu5 Lidta. Horravver shall pay alt taxes. assessments, charges, titres, and imposiQorts
attributable to the Property which can attain piittrlly over this 5ecarlty irts4rtment, leasehold payments pr
ground rents m the Property, if cry, and Canmuaity Assadation Thies, Fees, and Assessments.'lf any. To
the ezte>a that these items are Escrow items, Borrower shall pay them ht Hte manner provided in Section 3.
Borrows shag prootptly discharge'ary Nat which has prfarity aver this Security Instratneni unless
Borrower: (a) agrees ip writing ro the payment of the obligatloa secured by the lien fn a manner atxeptabte
to herder, but only so latg as Borrower is performing such agteentenl: (b} contests the Nen In good faith
by, or defends agahist enforcement of the lien in, ]egal proceedings which in Leader's opbtian operate to
prervent the enforcement of the lien while those proceedLtgs are pendhtg, but only until such proceedings
ate canclutled: or (c) sectues from the holder of the lien art agmmeat satisfactory to Lender subordlttating
the lien to this Security Inslretntettt. If Lender deterndaes that any pail of the Property is subject to a lien
which can auaio priority over this Sexvrity Irtsliviaeat, Lender may give Borrower a notice identifying the
lien. Within 14 days of the date rm which that notice is gives, Borrower shah satisfy the Ben to take one or
mare of the aCiora set forth above in this Section 4.
Lender may regalre Borrower 1o pay a oste-time charge for a real estate tax veriticatioa and/or
reporting service aced by Leader in eotticectitsn with this Loan.
5. Property Itttatratrue. Borrower shall keep the improvements trove existing or hereafter crested on
the: Property hssared against loss by fire; hazards included within the term "extended croverpge," eiid any
other bad including, bal not limited ro, carthgaakrs and floods, for which Leader requires imut~tce.
This iitsvratttx shall be malntaleed W the amounts (lrtcltdhtg deductible levels) and for the periods chat
Lender re4nises. What Lender requires pursuant ro the preceding sentences cap change during the term of
the Loan. Thu btsueanoe carries providing the htsurartce shall 6e chtt~it by Borrower subject to Lender's
right ro dlsapprnve Borrower's choice, which right shad cot 6e exmclsed ttnreasooably: Lender may
require Bommver m pay. is txtnittxtioa wNh this Loan. either: (a} a one-Hrtx charge for flood none
determfmatlon, ce:tifrca4on and tiacltmg services; or (b) a one-tlme chtirge f~ flood zwte determhmHon
and cxrlifua4oa novices std suhsegtiatt charges each dine retnapphtgs err similar changes occur which
reasonably might affect such determfiaticm ar certificadan. Bortnwer sha[I,.ako 6e respo~lbk for tl-e
paymed of asry fees imposed by the Federsd F.mergenty 14tariagement Agency ice comtectlan with the
review of cry. flood zone determinaHoa resulting from an objection by Bortnwer.
E972911
eaves:
~~MPoUtowa a.a.bw,e rbmiaoaa trot
• i
Tf Harower fails to maintain any of the coverages described above, Lender may obtaW insurance
ctwetage, at Leader's option and Borrower's expense. Lender Is under no obligattoa ro purchase .any
patiicalar type or amourd of coverage. Therefore, sack coverage shai3 cover Lender, hot might or might
not protect Borrower. Borrower's equity in the Property, ce the cantatas of the Property, against any risk,
hazed or Ifabti[ty and might provide greater ar lesser coverage than was previously is effect. Borrower
acknowledges that the stet of the huprance coverage so obtained might sigNflcantly exceed the cost of
3nstuaoce tiwt Borrower could have obtained. Avy amounts disbursed by Leader under this Sectlon S shall
heroine additional debt of Borrower setwred by ibis Security Instrttment. These amounts shag hear iaterast
at tht Note rate firm[ the date of disbursement and. shall 6e payable, with such interest, upon notice from
Lender to Borrower regnestiug payntem.
Ail htattiaace policies requred by Lemler and tmowals of such poNcks shall be subJect to Leader's
right ro disapprove such policies. shall include a standard mortgage clause, and shall name Lender as
mortgagee audio[ as as additioml loss payee. Lender shall have the right to hold the polides and renewal
certificates. If Lender requires, Borrower shag promptly give to Lender all receipts of paid premiums and
renewal notices. If Bttri+oniner obtahu any form of insar~ce coverage, not otherwise required by Lender,
for damage tor; ar destructloo of. the Property, such policy shall include a standard mortgage clause and
shag Dame Lender as mortgagee andlor u an additional loss payee.
In the aura[[ of loss, Borrower shall give prompt noiice to the iastaance carrier and Lender, Lender
may make proof of loss i£ cot made promptly by Borrower. Unless Lender and BotTOwer otherwise agree
Ice writlog, any irtsuiance proceeds. whether or act the noderiying insurance was required by Leader, shall
be applied to restoruion err repah of the Property, if.the resloratlori err rePvr is eoonomlcally feasible and
Leader's saudty is not lessened. Dnr}ag each repair and restocatlon pentad, Lender siwll have the right ro
hold such htsurarlce proceeds until Leader has had an opportunity to inspect such Property to crlsure the
work has been completed to Lender's satisfactimt, provided rite[ such inspection shall rte undertaken
P~aPtlY• Leader may disburse proceeds for the repairs std restoratlan in a single payment a in a series
of progress payments as the work is completed. Unless an agreement is made in wrlthtg or Applicable Law
requires interest to be paid on such itotaaace proceeds, Lauder shall not be required to pay Borrower any
fateresi or earairtgs ea such proceeds. Fees For publk adjusters, or other third pnrtks, retained by
Borrower shall not be paid out of the insurance proceeds and shell be the sole o6Rgation of Borrower. If
the natarattoa tK rYpalr is not eoonomicatly fea~bk err Leader's security wouhl be lessened, the hnsurance
paotxeds shall be applied m the sums seated by this Security Instrument, whether or not then due, with
the excess, if arty, paid ro Borrower. Such lnsata~e proceeds shall 6e applied ro the order provided for in
Setliau 2.
]f Baemwer abandons the Property. Lender may file, negotiate and settle any available insurance
claim and [alerted mothers. If Borrower does oat respond within 30 days to a notice from Lender that the
Insurance carrier has offered to settle a t:lalm, dtea Leader may negotiate and settle the claim. The 30-day
period will 6egir- when the notice 15 given. in either event, or if Lender acquira the Properly under
Section 22 or otherwise. Borrower hereby aattigns to Lender (a) Borrower's rights to*.,n,,a,_y.,.I,n~s,u.rance
puoeeeds io aganrouat not [0 Exceed the enrmrms arlpaid ender the Note Or [1115 SeNrity luwuu~t, end
(b) arty other of Borrower's rights (other than the right to nay refund of unearned premiums Paid by
Borrower) ender ail iasurattce policks arvering.the Property. hrsofar as such rights are apppgble to the
anrerage of the Property. Lender may use the ]nsuravtce proceeds either to repair or restore. the Properly or
to pay amouds unpaid uadrr the Note or this Security Insirom®t, whether or not due
E972911
t~•6,A(PY1) meeel vrp ra,o Form 8094 trot
~.
s ~.
6, Ootarpancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days aHer the executiaa of this Setvrlty Ittstrumeot and shall continue to occupy the
Property as Borrower's prlacipsl reskhnce far at least one year after the date of occupancy. unless Lender
otherwise agrees in wrltlng, which corrseru shall not 6e .unreasonably withheld. m unless exlemratlng
circamshntxs etdst which are beyaatd Borrower's control
'!. Preservation, Maieteosnce sod Protection of the Prtrpt-riy, Inapdxiees. Borrower shall not
destroy, damage or hnpait the Property, allow the Propaiy to deteriorate m aourtnlt waste on the
Property. Whether or not Borrower Is raiding in Ebe Propnrty, Borrower shall malntahr the Property in
order to prevent dx Prapaty from deteriorating or decreasing in value dce to its tronditlon. Unless it is
determined pursuant to Section 5 that repair m restoration is not economically feasible, Borrower shall
promptly repatr the Property if damaged to avoid funtcer delerbratloa or damage. ]f insurance m
coadaarauion procads are paid in oonnectlon with danuEge to, m the taking of, the Property, Borrower
aha11 be respomaible for repahing or restoring the Propety only if Leader bas reh~sed proceeds for such
purposes. Lender may disburse proceeds for the repairs and testatatiaa In a single payment m in a series of
progress payments as the want Is oornphted. If the hrsurance or condemtwtlon proceeds are' not sui}ident
to repatr ~ zeslare the Property, Borrower is not relieved of Borrower's obBgation for the completion of
such repair or restotatlmt. ,
Lender m Its agent. rosy make teasoaable entries upon and inspectit~ of the Property. If it has
reasonable tmaae, Lender may inspect lice interim of the improvemr<nis on the Property. Lender shall give
Borrower notice at the tlme of or prior to such ao interior inspectlon specifying such reasonable cause.
E. Bortowce's Lau Application. Borrower shall be in default if; doting the Lean application
process. Borrower m any persons err eaNtia acting at the direction of Borrower or with Borrower's
knowledge or corwse-t gave tnatd'lally false, misleadlog, or inaccurate information or statements to Lender
(m lulled m pttrvlde Lender with material iofottnatlon} is connection udlk the Loan. Material
representatloas Inchrde, but are not limbed to, representations concerning Borrower's occupancy of the
Property as Barower's principal residence.
9. Protection of Linde' a Merest in the Property and Rights Under thin 9ocprity Instruma-t. If
(a) Borrower bits to perform the eovmanCs and agreements contained in this Security lnstr~tment; (b) there
is a legal ptoceediog that might sigai8cantly affect Lender's interest in the Property and/or rights under
this"Security Irtstratndll (such 8S a proceeding fQ bankroptcy, probate. for condemnation or forfeiture, far
enforcement of a lien which may adain priority over this Security Itrstrument err to enFmee laws or
regnlptions), or (c} Bmrawer has abandoned the Property, Ihen Leader tray do and pay for whatever is -
r+easonable or appropriate to prote~ Lender's interest to the Property and rights under this Searity
lastrnmtnu, inrdndirag protectlrrg and/or assessing the value of the Properly, and securing and/or repairing
the Property. Lender's actions can include, but are not lindted to: (a) paying nay sums secured by a lien
which has priority over this Securry Iasiruroest; (b) appearhrg to court: sad (c) paying reasonable
atlameys' lugs to protect its hrterart is the Properly and/or rights under this Security Irutrtiunem, h-dnding
its secured paaitlem in a bankruptcy proceeding. Batwing the Property includes; but is not limited to,
eaterh-g the Property to make repairs, change locks, replace onboard up doors and windows, drain water
Srom pipes, eliminate bnikling err other code vialatlons or dangerous condldons, and have utilities lmnod
a® or off. Although Lender may take u~urt under this Section 9. Lender doe not have to do sa and is not
under arty duty or ahBgatlon to do so. It h agtxed that Lauder Itrcurs ce fiabiBty fm not taking any or ;ail
actims authorized under this Section 8.
E972911
sa,~,,.
~~dlpAl~ rs.aorra fotmtiW9 1tOl
An amoaals disbursed by Leader under this Section 9 shall become addldonal debt of Borrower
secured by tha Security loswmertt. These amounts shall bear interest at [l]e Nate rate from the dale of
dsbursement and shall be prydrk, with such interest, upon notice from Lender to Borrower requesting
~y If this Seadty fnshvmettt is an a leasehold, Borrower shall compFy with all the provtsioas of the
Ise. If Harrower acquiies fee title to the l'r+operty, the ]gseitoid and the fee title shag not merge tudess
Leader agrces to die merger in writing.
]0_ MottBaga Inaurnnca. if Lender requhed Mortgage Insurance as a condition of making the Loan,
Borrower situp pay the premiums required to itwiataio the Mod~ge insurance in effect, lf, Cor any rceson,
the Mortgage Insurance coverage repaired by Lender ceases to 6e available from the mortgage insurer that
prevlo~ly provided such itwararroe and Borrower vras mquire+i to make separately designated payments
toward file premums fm Mortgage lttsttrance, Borrower shalt pay the prvntlutns requited to obtain
coverag sahstan(IaBy egnfvalent to the Mortgage Inwrance previously ht effect, at a cost substandally
equiva to the coat to Borrower of the Mortgage Itrsaance prevously in effect. from tm alternate
mortgage i>ffitrrer selected by Lender. if substantially equivalent Mortgage Insurance coverage is trot
available, Borrower shall castinue to pay to Leader the aroounl of the separately designated paytneots that
were due whoa the itrsuratrce coverage cnsed to he in effect. Lender will actxpt, ase and retain drew
paymr9rs as a ran-rrfandabk loss reserve Ia Bea of Mortgage. irrstaaace: Sudt loss reserve shall be
nor-mfiuuta6ln, natwld-uatrdiug the fict that the Loan is ulWaately paid in full. anti Letrder shaA not be
required to pay Borrower aay intavst m earnings on such loss reserve. Lender tan tm longer require loss
reserve paynteds if Mortgage Insurance coverage (in the aaaunt sad for the period that Lender requires)
provided an insurer selected by l.ettdx again becomes available, is obtained, and Lender requires
sepazatelyted payments toward the premiurr-s for Mortgage Insurance. if Leader required Mortgage
hsstQmrtx as a cotditim of making the Loan erd Borrower was required to make separately designated
payments tawu+d the premiums for Mortgage Itistiranoe, Borrower shat! pay the premiums required to
roafntabr Mortgage insurance in effect, or to provkee a non-refundable lass reserve, until Lender's
requireareat for Mortgage Gtsuanre eu~k in accardarrce with any written agreement between Burrower sad
Lender providtng fm such tennmaNoo m until tertnittatiaut is regrdred by Applicable law. Nothing in this
Section 10 affects Borrower's ttbligatron to pay interest at the rate provided in the Note.
Mortgage hssmaace reimMases Leader (m nay entity that purchases the Note) for certain losses it
may incur if Bortawer does not repay the Loan as agreed_ Harrower is rat a party to the Mortgage
Iasmance.
Mortgage inwrers evahtate thrir total risk on all such insurance in force from time ter. Ume, and may
enter into agreements wkh other partlas that share or modify thetr r~k, m reduce losses. 'f'bese agreemems
are oa isms aad cmditiams that are satisfactory to the nartgage irsm'm and the odor party (m parties) to
these agr+eemems.lhese agtemretrts may require the rtgaga insurer to make p+yrnents using nay source
of funds that the mortgage insurer may have availablee (~wbicb may iachtde funds obtained from Mortgage
Iasnrarrce prmdums).
As a result of Wt~e ttgteentems, Lender, nay purchaser of the Note. another insurer, any rdtrsurer,
any other entity, m any affiliate of auy of We foregoiug, may receive (directly or indirectly) amounts Shat
derive from {m might be characterized as) a portion of Bormwex's payments for Mortgage Insurance, in
exdrasrge fm sharing m ttadifylAg the mortgage insruer's risk. m reducing losses. if such agreement
provides that an affiliate of Letder takes a share of the insurer's risk io exchange for a share of the
premiums pakl to the bistrrer, the arrangement is oflen termed 'captive reinsurance." Further;
(aj Atnr tomb tigtttetsants will twt affect tba trmomrts tbst Bmrowa his agraad to pay lira
Mortgage Inaurttooe, err any othe terme of ffie Loan. Srrah agrttomarts wilf not ittmtraaa tho ammmt
Barraurm wr71 irrra fa Mta-rgage insnrtutee, raid they wtlf ant errrttitla Borrowwer to y refund.
E972911
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(b) Any ouch agraementa wall not ailieet the rights Borrower hen • if any - whh rraapect to the
Martgttgo Ia•oranca under fhe H~wwaers Protection Act of 1995 ce a~ orbs law. These rights
may include the right to receive certain ditadosarea, to regnaA and obtain aanoellation of the
Moet~e Inatrsaca, to have the Martgsyp Inauranx terminated automatically, and/or to rexive e
re5md of soy Mortaaga Insaranca premhrma that were unearned at the time of mch caaoeUatian m
tetmiaatico.
11. AMi~nmmtt of Misodlaneous Praoeeda; Porlbinue. All Miscellaneous Proceefis are hereby
assigned to a~ shall be paid to Leader.
if the Property is damaged, such Miscelianeous Proceeds shall be applied to restoration err repair of
the Prop iF the restaatlon or ropair is. ecatomicaliy feasible and Lerder's sxaHiy is not lessened.
I)utfug sue repair and restoration period, Leader shall have the right to hold such MLscelhmcau Proceeds
utdil Lender has had an unify ro lospect such Properly to ensure the work has been completed ro
Leader's saBsfactlon, provided Nta1 sack htspaiion shall be undertaken promptly, l.eoder may pay for the
repairs attd restoratbtt in a single disbursement or In a sates of progress payments as the work is
completed. t)aless an agreement is made is wdttng a AppHcabh: Law requires imerest to 6e paid on such
Miscellaneous Proceeds. Leader shaD ant be required to pay Barmwer any interest tx earnings on such
Miscellaneous Proceeds. If the testoratien or repair is not economically feasible tx Leader's security world
fx hnsened. the Miscellaneous Proceeds shall be applied tq the sums secured by this SecuHry Irrstrummt,
whether ar• sot lbeo due, with tfie excess, if soy, paid to'Borr+mver. Such Miscellaneous Proceeds shaD 6c
applied in the order provided for In Section 2. '.
la the event of a toW taking. destruction, or loss is vahte of the PropeRy. the Miscellaneous
Ptuceeds ahaR be applied to the sums secured by this Security tastrumeat, whet(rer -or not then due, with
the excess, if auy, paid ro Borrower.
]a the event of a partial taking destructor, err loss in value of the Property in which the fair market
value of the Property immrdiately before the pacUaF taking, desWdion, or loss in value is equal to or
grater than the amount of the sums seemed 6y dis Sxvriry ]nstrumeot immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by the Seearlry. Iastrrrrrreat shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the followlag fraction: (a} the fatal amount of the sums seorted immediately before the
partial taking, desoraion, or lass in value divided by (b) the iirir market value of the Property
immediately before the patriot taking, deswcton, or foss is value. Asy balance shall be paid to Borrower. '
>n the event of a partial lakiag, destructor, or loss in value of the Property in which the fair market
vaiae of the Property inrarediatety before the partial taking, destroctao, or loss in value is less than the
amount aF 0e sums secured Immediately Before the partiai taking. destructor, or loss in vahre, unless
Bonuueer and Lender odterwise agree in wrltrtg, the Miscellaneous Proceeds shall 6e applied to the sums
secured by this SeurrHy Inffirtrrratl whether or not the sums are then doe.
If the Property is abandoned by Borrower, or if, aRa notice fry Lender to Borrower that the
Opposirg Party (as defined in the next sentence) offers ro make ro award ro settle a claim for damages.
Borrower Falls ro respond to Larder within 30 days after the date the notlce is given, Leader is amhorized
ro collect and apply the Miscellaneors Proceeds Tither ro restoration or repair of the Property or to the
sums seertred hY this Secmily Instrument, whether or not Ihen due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds ~ the party against whom Borrower has a right of action in
regard to Mhxellarreous Proceeds.
Borrows' shall be in defauk if say action or Proceedhrg, whether civil or criminal, is begun that. in
Leader's judgment, could result in. forfeltare of the Property or otlrer nrateriat impairment of L.eoder's
interest in the Property or rights under 16ia Secaiiry brstrument. Borrower wo cure such a default and, if
acceleration has occurred. reinstate ar provlded In Section 19, by causing the agio or eding to be
E972911
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dtsmissed with s ruling that, In Lender's judgment, precludes fotfeihn+e of the Property or other material
impairment of Leader's intete-t in true Property or rights wader this Setatriiy Ir~ument. The proceeds of
any avvand ~ claim for damages that are adrihutable to the bnpaltmetN of Lender's interest in the Property
are Hereby assigned and shaA be paid to Lender.
All Mlseellaoeaus Proceeds that. are trot applied to restoration or repair of the Property shall be
applied in the order provided for in Sedlon 2.
12. Borrows Not Rdaaed; Barbearstrce HY Leads Not a Waive. Extemion of the time for
payment ar modttication of amortization of the soots secured by Ibis Security Instrument granted by Leader
to Borrower or atry Successor in interest of Borrawec shall rwt operate to reuse lire liability of Borrower
ar any Sucassars is Imerest of Borrower. Leader shall not be required to commence proceedings against
tttty Stttjastoa' in interest tsf Btnrower or to refuse m etdead time for payment aa~ otherwise modify
amortization of the sores seamed by this Security Instroment by reason of any demand treads by the or!>;laal
Borrower or eery Sueccessors la Interest of Borrower: Any forbearance by Lender In exercising any rig er
reatedy incindlmg, withoad limitation, Leader's acceptance of payments from third petsoos, entities or
Suoceswrs io Interest of Borrower or in amourdsless rhea the amount then due, shall oat be a waiver of or
prelude the exercise of say right or remedy.
13. Joist sad Several Lia6t7ity; Co-Qigaer~ Sbeoeaaora a~ Assigns Harrod, Borrower covenants
and agrees that Borrower's obligatiottss and BahiBty shag be joint and several. However. say Bonnwer whtr
co-sagas rids Secstrlty lnsontmeat but does not eaoecute the Note. (a "ca-signer"}; (a) is co-signing ibis
Secarty Inshrament aaly to mutt ge, grant sod ronvey the co-signer's interest in the Property ender the
terass of this Security ratrsttmatt~(f) is not personally abllgated to pay the sums sectoed by this Security
Irptrumeat; and (c) agrees the Lender and any other Borrower can agree to extend, otodify, forbear or
matte any atcormrrodalions with regard to the terms of this Security Igslrament or the Note without the
co-signer's comsent.
5ubjed m the pravisiarts of Section 18, any Saccessot In interest of Borrower who assumes
8orrawer's ohli~atlons valet this Security Ilrsiruroeat in writing, and ffi approved by Lcoder, shall obtain
all of Borrawa~ s rights and benefits under ibis Security Instrument. Btmrower shag not be released from
Borrower's obligatbos sad ltabiBly wader this Security Gutrumeat urdess Lender agrees to such release m
wrlthtg. The covenants sad agttxmems of this Se«tdty Insrument shall hind (except as provided in
Section 20) and benefit the successors and assigns of [.ender.
l4. Ltam Charges. Lender may charge Borrower fees for services performed in cormectbn with
Borrower's default, for the purpose of protetdittg Lender's interest in the Property and rights under this
Security Instrument. fucludhrg,.but sot 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 Borrower shag not be construed as a prohlbftion on the charging o[ such fee. Lender ntay not charge
fees that are expressly protnbited by thb Security lastntment or by Applicable Law.
If the I.oart.is subject to a law which sets maximum loan charges, and that law Is florally interpreted so
that the interest or other Ww charges collected or to be collected la conptectlon with the L[tan exceed the
permitted limits, then: (a) any such loan charge shalt be reduced by the amount aeeessazy to r~uce the
charge m the permitted limit and N) any sums aheady rnliected from Borrower which exceeded permitted
limits will be refutwled m Borrower. Lender mry choose to make this refund by reducing the prncipal
awed order the Note ar by making a dared payment to Borrower. IF a refund reduces principal, the
reduction will be treated as a partial prepayment without eery prepayment charge (whether or not a
prepayment: charge is provided far under the Note). Borrower's acceptance of arty such refund made by
dtred payment to Borrower will cottstllute a waiver of any right of adlon Borrower ndght have arising out
of such overcharge.
15. Notreea. All aortas given by Bomower or Lender is cmtnectioo with Security Imtrument
tenter he in welting. Any Halite to Borrower to conaectlon with dtis Searity a~-deemed to .
E9729i1 '
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Gave bees givat to Borrower when mailed by fhst class mail or when acuially delivered to Borrower's
notice address if sent by other mtuas. Notice to nay one Borrower shall constitute. mice W a- Borrowers
anless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
nn}ess Borrower has designated a substitute notice address by notice to Lender. Borrower sha- promptly
notify Lender of Borrower's change of address. if Lender specifies a procedure for reporting Borrower's
change of address, then Borrower sha- only report a c of address through that specified procedure.
There may be tidy aoe designated taUce address urtder is Security Ittstrantent at any one time. Any
notice to lender shag be given by delivering it or by mailing it by first class mail to Leader's address
stated herein anless Leader has designated another address by ootke to Borrower. Any notice in
tbanectbs with this Security Instrument shall not 6e deea>ed to Gave been given to Lender until actually
received by Lender. lF any notice requked by this Security lastrume»t is also required under Applicable
Law. the Applitable .Law regttirement wl- satisfy the corresponding requirement under this S rity
Iastrueneat. ,;~>
16. (iotisrnutg Law; Sasrasbt'Ei!}, Rules of Cooatruetiou. This Security Iasttument shall be
governed by fedeni law asd the law of the Jurisdiction ;n which the Property is located. All rights and
obligations catbiaaed is tbts Security Instraateat are subject to arty regnlremenis and Bmitations of
Applicable itw. Applkable Law nU exp11e1Uy or implicitly allow the parties to agree b rnwact or it
might he silent, but such silence shall mt be consurxd as a pr~rtbition against agreemem ybry coruract. In
the event that arty provision or clause of Utfs Security Instrument of the Note conflicts with Applicable
Law, such Conflict shall rat affect other ptovlsiems of this Secarity instrument or the Note which can be
given effect without the carttlictiag prwlshm.
As used in this Security InsCneatent: (a)-words of the masculine gender sba11 mean and include
cwrespottding nattier words or wards of the femiaioe gender, (b) words in the singular shall tneaa and
L-dude the plural and vice versa; and (c) the word "may" gives sole discretion without any ohlighhon to
take any atxloa.
17. Bts7owar's Copy. Borrower dull be given tme copy of the Note and of this Savrlry Instrument.
1&. TraaaGsr of thn Property or a &nefioisl Iateret m Barowa. As used In this SeWon lg,
"Interest in the Property" trreatu any legal or beneficial 1tNeresl in the Property, irtcludhrg but not Itmited
tn, those heaeticlal hrterests transferred to a bond for deed, contract for decd. insts-meN sales contract or
escrow agranseat, the Intent of which is the transfer of title by Borrower al a future date to a purchaser.
if alt or any put of lire Property err any i0tett'st ht Ute Property is sold or transferred {m if Borrower
is not a naWtal person and a beneficial iotetrSt io Borrower is sold to ftutsferrcd) withart Leader's prior
written omueat, Lender tray regntre imstt~dlato payment is full of all sums secured by this Seraerity
Irutrttmest. However, this option shall not be exetrised by Ixader tf such exercise fs prohihiled by
Applicable Law.
ff Lender eraerclaes this option, Lender shag glue Borrower ndice of acceleration. The notice shall
provide.a ppiod of tat less than 30 days from the date the notice is given to accordance with SecUoa 15
within which Borrower must pay a- sours secured by this Security hatroment. If Borrower fails to pay
these sums prior to the expiration of this period, Leader may smoke any tt'rrtetlics permitted 6y rids
Security Instrument wUhoul further notice or demand oa Borrower.
14. Btxtrowar's Rigftt to Raindate Aftor Aoaelarstioa. If Borrower meets certain condltiops,
Borrower aball love the rifg1ttt to have eaforcetoeol of this Security Instntmmt discontinued ai nay time
price to the earlkst of: (a) flue days before sale of the Property pnrsurmt to arty prover of sale rnaiaiaed is
This Security Irrstrstmear (b) such other period as Applicable Law might specify for tite tetrninatloa of
Bta:tower's rig>tt w r+eittsgte; or (c) entry of a judgatwtt enfmr5utg this Security Instrurrtetrt. Those
conditlarts arc that Borrtwer: (a) pays Ixrtder aB snots-which then would be due render the Security
Ir-strrunest and the Note as tf ra aoceieradon had occurred; (b) citrrs arty default fit other oovenatns nr
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E972911 ~,
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'agreements; (c).pays aB expenses lttcurred is enforcing this Security Inshvrtreat, including. but not h'm$ed
to, reasonable attorneys' fees, property IOSpedion and valttatlon fees, and outer fees incurred for the
purpose of protecting Ltalder's interest is ibe Properly and rights under this Security Instrument; and {d)
takes such adioo as Lender mry reasonably require to assure that Lender's interest in the Property and
rights under rifts Security Irtstrumeltt, and Borrower's obligation to pay t!-e sans secured by this Security
lnstnmtent, shall contlmle uncbaagtxl. Lender may require that Borrower pay such reinstatement sums and
expenses to ale or more of the fallowing forms, as selected by I.euder: {a) cash; (b) money order; (c)
certified check, bank cbeck, treasurer's check or cashier's check, provided arty snch cbeck is drawn upon
an iastHatiau wbase deposits are insured by a federal agency. btswroentaBry or entity: or (d) FJectroNc
Puads Transfer. lJpoa relrlstatement 6y Borrower, this Security ItWrttmmt and obligations secured hereby
shall remain fully effective as if no atxekradon had occurred. However, this right to reinstate,shali not
apply in the case of acceleration wader Setdion 18.
2D. Sale of Noto; Chao*a a[Loan Sevicer; Notice of trrinvanea. The Note or a partial imerest in
the Note (together with this Security Instrument) can be sold one err more times withonl prior notice to
Borrower. A sale miglu rrxnlt fu a.change in the entity (known as the "Loan Servlcer"} that collects
Periodic Payments doe under the Note and this Security Instrument and performs other mortgage loan
servidag obBgatlons under U-o Note, tlrls Sccurity Instrument, and Applirabk Law. There also might be
one err ntar+e s4anges of the Lawn Servicet unrelated to a sale of the Note. if there Is a change of the Loan
Servicer, Borrower will be given written notce of fife change which will state the name and address of the
new Loan Servieer, the address to whicL payments should be made and any other information RESPA
requires k comrectioa with a notkx of transfer of servltdng. If tite Note is sold and thereafter tite Loan is
serviced h9 a Loan Servicer oter titan the purchaser of the Note, the mortgage loan stxvicbtg obiigalitms
to Borrower wfB remain with the loan Srrvicer err be tlaraferred to a successor Loatt Servlcer and are not
assumed by the Note punJlasex unless otfrerwise provided by the Note purchaser.
Neither Borrower nor lender may commerce, Join, or be Jotned to any judicial action (as eNlrer an
buHvldml Btigaut or fire member of a clacs) that arises from the other party's actions pursuant to this
5ewrity hugrttment err that alleges that the atlrer party has breadred any provision of, or any duty owed by
reas~ of, this 5txrrrity h~shimteat, until such Borrower or Lettder ices nditled the other patsy (wick suck
notice given is conrpliarlce widt the requirements of Section 15) of such alleged Imack.ard afforded the
other party bereto a reasonable period after the giving of each notice to take corrective adios. If
Appikable Law provbdes a time pertad which must elapse before axtaln action can be taken, that time
period wiB be.deemed to be reasombk for purposes of this paragrapb. The notice of acceleration and
opportunity to ~ given to Borrower pursuant to Section 22 and fire notice of acceleration given to
Borrower passant to Section 18 shall be deemed to satisfy the notke and opporttmily to take corrective
action provisiots of this Sectlon 20.
21, Aazardtms $ubdancea. As used in Wis Section 21:, (a) "Hazanlars Substances" are those
substances de®ned as toxic or lraxardaus sufut>aces, pollutants, or wastes by Environmental Law and the
following aahstaoces: gasoline, kerosene, other flammable W toxic petroleum pradncts, toxic pesticides
and lrerhicidea, volatile solvents, materiak taotaiaing asbestos or formaldehyde, and radioactive materials;
(b) "Envirmnamtal Law" nears federal laws and laws of the Jurisdiction where the Property is located that
relate to health, safely err envirarn0errtal prafection; (c) "P,rtvironrtreotal Clcemrp" includes any response
actin. remedial action, err removal action. as defined in Envir~ntental Law; and (d) an "Erlvlronmental
Condition" means a condftim that txn cause, rAatrl6trte to, or othewise trigger an F,nvironmenlal
Cleaonp. ,,. .
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E972911 '`'
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Borrower shall net cease or permit the presence, use, disposal, storage err release of any Hazardous
Substar~es. a ILreatea to release any Hazardous Substances, oa or la the Frope.iy. Borrower shall not d0.
rrar allow. else to do, anything affec8as dte property (a1 that is in v3olatiaa of any Envhnnmental
law, (b) ~cr8ates an ErrvironOtental C tron, or {c) which, due to the presence, use, or release of a .
Hazudous Suhstance, t>Eates a oarldltion that adversely affects the value of the Property The preceding
two seatenrss scull not apply ro the roe, use, or storage oa the Property aIsatall quarfities of
Hazardous Substances that are g~.naal ognized ro be appropriate to normal residemkl uses and ro
mabttenaace oP the Property {including, bbuut not limited ro, hazardous substances in consumer products).
Borrower Stull P~PdY Give Lender wtiuen tu>fice of (a) any investl~~aatltloa, ckim, demand, lawsuit
or other actloa by nay governmental or regulatory err private party TmolvLrg the Property and any
Hazardeus Substance m Envlrotunenlal Law of which Borrower Las acinal krww ge, (b) any
EovlronmeaW Condition, tnr]uding cwt cot limited to, any sptlllag, leaking, discharge, release or threat of
ukase of any Hazardous Subs~noe, and. (c) any condition caused LY the presence, use or reltuse of a
Ha~rdous Su6alartce which adversely affects the vahre of the Property. If Borrower learns, or is >mtifted
bp any ggo or regaIatory authority. or any private party. drat reroaval err other remediatioa
of nay Haurd~ouerSuLsraace affe~rtg the Properly is necessary. Borrower sba8 promptly take a8 necessary
nme tai adiom iu acoardance with F.tlvh»nmental Law. Nothing hentn sha8 create any oLligatioa on
Lender for an Eavtrorttaental Chsanup.
NON-UNIFORM COVENANTS. Borrower and Leader further cove+ont and agree as follows:
22. Acceleration; Remedist Lender dtaB give notice to Borrowerprcar to aoaalerati~ foBawing
Barowx'a breach of any covenant or agreement m thin Severity Instrument tout nd prtur to
accderatim corder Section fi unLyt Appheabk Law providaa attherariee}. Leader almll notify
Borrower o~ among ~ things: (a the detaatt; (b) the adieu regttQed to cure the default; (c) when
the da5aalt moat be cored; and (dj that far7me to cure the defau@ as s~ecdred may reaolt ~
aooeleratiea of ibe sums severed thin twatrity llnatrameot, faedoaue by ,ladicial proceeding and
Sale not the Property. Leads absll tiuther mfarm Baroatx of the rigitt to remdate aHer accalmatim
and the right to aaert m the ibrealaaure proceeding the eon-aotittenca oaf a deEauh or any other
datrome of rosier to acceleration and 4arecfaaae. If the daihnit Is not otued as SpeciRed, Leader at
ifs option may ragah~e immediate ppayment in 1fr11 of a8 Soma aaatred by the Secttrily Inrtrtrm~t
withatt firrther demand and may foroeloae the Securay Ittatrament by judicial pcooeeding. Lettdex
Shall be mtitied to collect ere espaarea ieeurrad io purwmg the remedies provided in this Sectron 22,
iochrd~iogg but ~t limited to, attoraeyd foes cad tech of tick evidmce to the erReat permitted by
ApPlierble Law
23. Ralmae. Upon payment of a!1 sums secured by this Security Ltattumenl, lids Security Instrument
and the estate conveyed stall tetwlaate and become void. After such occurrence. Lender stall discharge
and satisfy this Seonrl Instrument. Bomawer sha8 pay nay recordation costs. Lender may charge
Borrower a fee for rr]te~ this 5ecitrity lastruroent, but only if t},c fee is paid to a tLird party for services
rende=tid cad the ch~rgiag of the fee is permitted under App6cabk Law.
24. Wsivara. Borrower, Io tLe externp rmitted by Appltcabk law, waives cad releases say error err
defects ro praeeediugs ro enfom this Security hutntment, and Lereby waives the t~euefil of any present or
furore IatNS providing for stay of execution, ercteusloo of time, exemption from attachmem, Levy cad sale,
and hoareslead exemption.
25. Reiaslstemeat Period. Borrower's time ro rehistate p~ded in Section 19 shall extend to one
hour prior to the conmkncement aF bidding at a sheriffs sale or otter sale pursuant to this Security
{nstrumarf.
26. Pm~aro Itdrletry Mertgnge. If atry of the debt secured by tLis Security instrument is lent to
Borrower ro tu:quin title to the .Property. this Security Instrument shalt be a purchase money mortgage.
27. Interact Rate After Judgment. Borrower agrees that the interest rate payable after a Judgment is
entered on fbe.Nate err m au acltm of mortgage foreclosure shalt he tLe rate payable from lime to t[me
order the Note:
E972911
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COMMONWHALTH OF PSNNSYLYAIdIe~ • ~ umb~~~u.~ef ' County sa:
On this, the 23rd day of Noveober, 2005 ,before me, the
tmdersigtied officer, personally appeared C~RTRUfyE FRYL~N
.. Iviotva to me (os
satisfactorliy proven) to be the perso'a(s~whose ~me~ islair~subscribed to dte within instrument and
adtnowledged that-ltekheltltay exetented the same for the glrposes herein contained.
IN WI'fNBSS WHEREOF, i hereunto set my baud and official seal.
My Commissbn Exptres:
~'`_.
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IA
Title of Oflloer
Notarial Seal
Angela F. Unger, Notary Public
• Orrstown Boro, Franklin County
'?; My Commission Exµires Oct. 7, 2008
Member, Fennsywsn+a Assoclatiorl of Piotarizs
Cartificsta a?Raaidanoe
1, %~,/~~.~lGt F G~/~~f ~~ , do hereby certify that
the correct address o the within-named Mortgagee k P.O. Box 2026, Flint, MI 48501-2D26.
Wi~css my hand this 23rd day of IJovaober, 2005
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EXHIBIT "C"
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200742463
Recorded On 11/9/2007 At 11:17: 38 AM
* Instrument Type -ASSIGNMENT OF MORTGAGE
Invoice Number - 8534 User ID - KW
* Mortgagor - MERS
* Mortgagee -EQUITY ONE INC
* Customer -PETER MELTZER
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $27.00
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
4 art CUB
rK
~ - ° RECORDER O D DS
T750
* -Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
IIIYIIIII~I~IIIR
c~~y~
~-- ASSIGNMENT OF MORTGAGE
MADE this ~ day of3~e; 2007
KNOW ALL MEN BY THESE PRESENTS THAT MERS, Inc., as nominee for Equity One,
Inc. ("Assignor"), for good and valid consideration, does hereby assign, transfer and set over
unto The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate
Series 2006-A all of its right, title and interest in and to that certain Mortgage dated November
23, 2005 executed by Gertrude Fryman in favor of Assignor granting a mortgage lien on property
located at 245 West Middlesex Drive, Carlisle, PA 17013-8494, which Mortgage was recorded
on November 30, 2005 with the Cumberland County Recorder of Deeds at Book 1932, Page
3083 and which was re-recorded on December 14, 2005 with the Cumberland County Recorder
of Deeds at Book 1934, Page 2091 to correct the legal description.
Together with the note or notes therein mertianed and all'(ndebtedne~s~secur~ thereby.
By:
,.,
STATE OF
:ss
COUNTY OF f ~
INC., A NOMIN E FOR
Y ONE, C.. (S AL)
On this, the Z3"lday of October, 2007, before me, the undersigned officer,
personally appeared (~j~~~vy ~ vis ~ ,the individual named in the foregoing instrument
as an authorized signatory of MERS, Inc., as nominee for Equity One, Inc., known or
satisfactorily proven to me to be the person whose name is subscribed to the within instrument,
and, on behalf of such corporation acknowledged that he/she executed the same for the purposes
therein contained. „ ,
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In witness whereof, I have hereunto set my hand and official seal. _,
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TRACT NO.1:
ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE
IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED AND DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF A PUBLIC ROAD, BEING TOWNSHIP ROAD
N0. 499, AND AT LINE OF LAND NOW OR FORMERLY OF DAVID L. BEAM; THENCE BY LAND
NOW OR FORMERLY OF DAVID L. BEAM NORTHWARDLY 166.5 FEET TO A POINT; THENCE BY
LAND NOW OR FORMERLY OF CHARLES W. WERT, ET UX, EASTWARDLY 207 FEET TO A
POINT; THENCE BY THE SAME, SOUTHWARDLY 166.5 FEET TO A POINT IN THE CENTER
LINE OF TOWNSHIP ROAD N0. 499; THENCE WESTWARDLY BY SAID CENTER LINE OF SAID
ROAD, 160 FEET TO THE PLACE OF BEGINNING.
BEING THE SAME PREMISES WHICH DONALD EUGENE KECK AND CYNTHIA A. KECK, HUSBAND
AND WIFE, BY DEED DATED MARCH 27, 1975 AND RECORDED IN THE OFFICE OF THE
RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK 25 Z, PAGE 458,
GRANTED AND CONVEYED UNTO DONALD EUGENE KECK AND CYNTHIA A. KECK, HUSBAND AND
WIFE, GRANTORS HEREIN. THE SAID DONALD EUGENE KECK DEPARTED THIS LIFE ON
AUGUST 8, 2003, THEREBY VESTING TITLE IN CYNTHIA A. KECK, GRnNT^R HEREIN.
SUBJECT TO RESTRICTIONS CONTAINED IN DEED BOOK 25 Z, PAGE 458.
TRACT N0.2:
ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND
COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN AT THE NORTHEASTERN CORNER OF LAND NOW OR FORMERLY OF
DONALD EUGENE KECK AND CYNTHIA A. KECK; THENCE BY LINE OF OTHER LAND NOW OR
FORMERLY OF CHARLES W. WERT AND ERMA MAE WERT, NORTHWARDLY 75.90 FEET TO A
STAKE AT LINE OF OTHER LAND NOW OR FORMERLY OF CHARLES W. WERT AND ERMA MAE
WERT, AND BEING THE WESTWARD PROLONGATION OF THE NORTHERN LINE OF THE LAND NOW
OR FORMERLY OF RONALD L. AND JUDITH A. KUTZ; THENCE ALONG SAID OTHER NOW OR
FORMERLY WERT LAND, WESTWARDLY 233.5 FEET, MORE OR LESS, TO THE LINE OF LAND
NOW OR FORMERLY OF DAVID L. BEAM; THENCE SOUTHWARDLY BY SAID NOW OR FORMERLY
BEAM LAND, 78 FEET, MORE OR LESS, TO THE NORTHWESTERN CORNER OF LAND NOW OR
FORMERLY OF DONALD EUGENE KECK AND CYNTHIA A. KECK; THENCE BY THE LATTER LAND,
EASTWARDLY 207 FEET TO THE PLACE OF BEGINNING.
BEING THE SAME PREMISES WHICH CHARLES W. WERT AND ERMA MAE WERT, HUSBAND AND
WIFE, BY DEED DATED MARCH 25, 1971, AND RECORDED IN THE OFFICE OF THE RECORDER
OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK 24 A, PAGE 380, GRANTED AND
CONVEYED UNTO DONALD EUGENE KECK AND CYNTHIA A. KECK, HUSBAND AND WIFE,
GRANTORS HEREIN. THE SAID DONALD EUGENE KECK DEPARTED THIS LIFE ON AUGUST 8,
2003, THEREBY VESTING TITLE IN CYNTHIA A. KECK, GRANTOR HEREIN.
SUBJECT, HOWEVER, TO BUILDING AND USE RESTRICTIONS RECORDED IN DEED BOOK 24 A,
PAGE 380.
BEING THE SAME PROPERTY CONVEYED TO GERTRUDE E FRYMAN, SINGLE WOMAN BY DEED
FROM CYNTHIA A KECK, WIDOW RECORDED 11/30/2005 IN DEED BOOK 272 PAGE 672, IN
THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA.
TAX ID# 21-15-1258-003
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
THE BANK OF NEW YORK, AS TRUSTEE FOR : CUMBERLAND COUNTY
EQUITY ONE, INC. MORTGAGE COURT OF COMMON PLEAS
PASS-THROUGH CERTIFICATE SERIES 2006-A: NO.: 07-4177
c/o POPULAR MORTGAGE SERVICING, INC.
Plaintiff,
v.
GERTRUDE FRYMAN
Defendant.
CERTIFICATE OF SERVICE
I, Sarah A. Jarosh, hereby certify that on January 10, 2008, I caused a true and correct
copy of Plaintiff s Amended Complaint to be served upon the following counsel via United
States First-Class Mail, postage pre-paid:
Michael E. Stosic
2207 Chestnut Street
Philadelphia, PA 19103
i
:~
ah A. Jar h squire
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