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HomeMy WebLinkAbout07-5611 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG; ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162424 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 67- 5(o 8vii CUMBERLAND COUNTY JONATHAN D. FORRY 706 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Tern File #: 162424 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162424 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 162424 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 162424 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JONATHAN D. FORRY 706 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/16/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1943, Page: 3451. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 162424 6 The following amounts are due on the mortgage: Principal Balance $107,328.67 Interest $3,187.77 04/01/2007 through 09/24/2007 (Per Diem $18.01) Attorney's Fees $1,250.00 Cumulative Late Charges $165.10 03/16/2006 to 09/24/2007 Cost of Suit and Title Search 550.00 Subtotal $112,481.54 Escrow Credit $0.00 Deficit $405.19 Subtotal 05.19 TOTAL $112,886.73 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 162424 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $112,886.73, together with interest from 09/24/2007 at the rate of $18.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG L By: Is rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162424 ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Prederick, dated July 4, 1981, with revisions through and including September 8, 1982, as follows, to wit: ALL that land in Stage III, Section B, Townhouse Plots No. 1-D, being more particularly described on said Plan and recorded in Plan Book 42, Page 69 and being designated on said Plan as Lot No. 1-D and also known as 706 Allenview Drive, Mechanicsburg, PA 17055. BEING the same premises which Susan P. Bjorkman, single woman and Lauren E. Bjorkman, single woman, by deed dated January 4, 1996 and recorded January 11, 1996 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book 133, Page 967, granted and conveyed unto Lauren E. Bjorkman, now Lauren. Hjorkman Deering, Grantor herein. The said Robert L. Deering joins in the signing of this Deed to release any marital interest in said property. PROPERTY BEING: 706 AUMMEW DRIVE VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating,to bnsworn falsifications to authorities. ), J A-'e?-- Francis S. Hallinan, Esquire Attorney for Plaintiff 0 DATE:- q ? 7 Q c K +a?„J o `?I WM (O1 W L ? ? (/3 ? m3a O g ? t > Cst :w " t c n , A - SHERIFF'S RETURN - REGULAR CASE NO: 2007-05611 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS FORRY JONATHAN D RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORRY JONATHAN D the DEFENDANT , at 1924:00 HOURS, on the 17th day of October , 2007 at 706 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 LAUREN FORRY, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 1e?3i?6 Z 38.56 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/19/2007 PHELAN HALLINAN SCHMIEG By : ag??/? Deput Sheriff of A. D. Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 TWT TTTV nnTTnrr nT,, rnMMniv UT W AC 9`TTft4U1 111 AV" irnlTNTV P-PIVNCVT.VANTA Citimortgage, Inc. Plaintiff V. Jonathan D. Forry Defendant CIVIL ACTION FORECLOSURE NO: 07-5611 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant(s) in the above matter. Date: I I ? ? I b Attorney for Defendants, Michael E Stosic, Esq Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 (215) 913-5300 C :.' cap`: Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 W TT.iri 1"n1rMgr flip d"nMx4nV r0T ri AC CIFT%4u uT Arnl rnTT1VTV V VVQVT VANTA Citimortgage, Inc. Plaintiff V. Jonathan D. Forry CIVIL ACTION FORECLOSURE NO: 07-5611 Defendant ANSWER and NEW MATTER 1. Defendant is without knowledge sufficient to form an answer. 2. Admitted. 3. The Defendant specifically denies each and every allegation in paragraph 3 and strict proof is demanded at trial. By way of further answer, to the extent that Paragraph 3 refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in Paragraph 3 are conclusions of law to which no responsive pleading is required. 4. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 5. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 6. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 7. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. By way of further answer, Defendant is entitled only attorneys fees actually occurred and strict proof is demanded. Ar 8. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 9. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 10. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. Byway of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. NEW MATTER 11. The Defendant hereby incorporates all prior paragraphs as herein stated. 12. The claim is barred by laches. 13. The claim is barred by the statute of limitations. 14. The claim is barred by equitable estoppel. 15. The claim is barred by negligence. 16. The claim is barred by novation. 17. The Plaintiff lacks standing to assert the claim. 18. Attorneys fees are in excess of reasonable rate and not a sum certain. VERIFICATION I, Michael E Stosic, Esq. do verify that the statements made in said pleading are true and correct. The reason for the substitute verification is that Defendant and her counsel are a significant distance away and time is of the essence to file said answer. 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 unworn falsifications. Respectfully Michael E Stosic Esq ? rya rT IJ IT ?y C-n CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE 1748 CARLISLE, PA 17013 60-1503(313 DATElg ? PAY TOTHE ORDER OF COMOCKANd Cu. ' PRbT:N?QTARY38 a e0Qot DOLLARS 8 ?91yC 0RRsT wN awK 11'00 1748,1' -1:0 3 13 L 50 36I' 108 11 1 Lu' I sl 't if \t 5' -I 7' 4 LO :u Hd 9° 330 LOOZ :,H1 ?0 15035312062007 Cumberland County Prothonotary's Office Page 1 PYS405 Manual Release Check Register 12/0b/2007 Distribution Case No Accountin Escrow Tran Date g Amount Date Release ---------------- ___________ 3871 SCHMIEG DANIEL G --------- ' --- Check Date: 12/06/2007 Check No.: 1748 OVERPYMNT/RFND 2007- 05611 PYMT/CASH 38.00 12/06/2007 Payee total: 38.00 ---------------------------------- Grand total: 38.00 RECEIPT FOR REFUND ------------------ ------------------ Cumberland County Prothonotary's Office Carlisle, Pa 17013 CITIMORTGAGE INC 1000 TECHNOLOGY DR MAIL STATION O'FALLON, MO 63368 Case Number 2007-05611 Remarks SHOULD NOT HAVE BEEN TAKEN Receipt No. 201693 Receipt Date 12/06/2007 ---------------------- Distribution Of Adjustment ---- ----------------------- Transaction Description Beg. Bal. Disbursed This Adj COMPLAINT 55.00 55.00 TAX ON CMPLT .50 .50 SETTLEMENT 8.00 8.00 AUTOMATION 5.00 5.00 JCP FEE 10.00 10.00 JDMT/DEFAULT 14.00 14.00 14.00- WRIT OF EXEC 24.00 24.00 24.00- OVERPYMNT/RFND 38.00 116.50 116.50 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215563-7000 CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. Plaintiff VS. Jonathan D. Forry Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 07-5611 CV Term I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Michael E. Stosic, Esquire Jonathan D. Forry 2207 Chestnut Street 706 Allenview DW17055 Philadelphia, PA 19103 MechanicsyNg, Date: December 5, 2007 for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. Plaintiff VS. Jonathan D. Forry Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 07-5611 CV Term PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc., by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant Jonathan D. Forry and in support thereof states as follows: 11. No response is needed as Defendant's paragraph eleven (11) merely incorporates the responses to Plaintiff s Mortgage Foreclosure Complaint. By way of further response, the responses contained in Defendant's Answer with New Matter are nothing more than general denials. 12. Denied. The averments of paragraph twelve (12) contain conclusions of law to which no response is necessary. To the extent that a response is required, the date of default on Defendant's mortgage account is May 1, 2007. Plaintiff filed its Complaint in Mortgage Foreclosure on September 25, 2007, approximately four and a half months after the default. Therefore, the Doctrine of Laches should not be applied to Plaintiff's Complaint in Mortgage Foreclosure. 13. Denied. The averments of paragraph thirteen (13) contain conclusions of law to which no response is necessary. To the extent that a response is required, Plaintiff s Complaint is clearly within the twenty (20) year statute of limitations based upon the date of the default which is May 1, 2007.42 Pa. CSA §5529(b)(1). 14. Denied. The averments of paragraph fourteen (14) contain conclusions of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state any grounds upon which Plaintiff might be estopped from proceeding with its Complaint in Mortgage Foreclosure. Strict proof to the contrary is demanded. 15. Denied. The averments of paragraph fifteen (15) contain conclusions of law to which no response is necessary. To the extent that a response is required, Defendant has failed to establish a basis for a claim of negligence on the part of the Plaintiff in the Mortgage Foreclosure Action. Strict proof to the contrary is demanded. 16. Denied. The averments of paragraph sixteen (16) contain conclusions of law to which no response is necessary. To the extent that a response is required, Defendant has failed to attach any documentation in support of a claim of novation with respect to the mortgage at issue and the instant action. Strict proof to the contrary is demanded. 17. Denied. The averments of paragraph seventeen (17) contain conclusions of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff lacks standing to bring its Complaint in Mortgage Foreclosure. By way of further response, Plaintiff is the successor by merger to the mortgagee on the mortgage of record. A copy of the Mortgage is attached hereto, incorporated herein, and attached as Exhibit "A". A copy of the merger statement is attached hereto, incorporated herein, and attached as Exhibit "B". 18. Denied. The averments of paragraph eighteen (18) contain conclusions of law to which no response is necessary. To the extent that a response is required, it is specifically denied that the attorney fees claimed are excessive, unreasonable or failed to comply with 41 Pa.C.S.A. § 401 et seq. Further, the attorney fees complained in Plaintiffs Complaint are less then 5% of the principal balance due on the loan. A requested fee of 5% of the outstanding principal balance has been granted by the Court in previous cases and found to be reasonable and enforceable. Robinson v_ Loomis 51 Pa. 78(1865); First Federal Savin s and Lo. ns Asseciatien v_ Street Read Shun Center 68 D&C 2d 751, 755 (1974). WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. & SCHMIEG, LLP Date: Decemher 5, 2007 BY: Respectfully submitted, EXHIBIT A ?b S ?TSIS INSTi41NINT WAS PRRPARND BY1 MG' WAIL CNCRER ,? G Z/ INTERFIRST WHOLESALE, TRAILING DOCt1M 1201 BAST LINCOLN ,MADISON NNII I, MI 48071-4171 1-800-542-9512 When recorded nail tot ABM AMRO MORTGAGE GROUP, INC. 1201 EAST LINCOLN MADISON REI(NITS, MICHIGAN 40071-4171 ATTIIrFINAL/TRAILING DOCUKZNTS APM 41 Apo 4: LOAN Is 651921004 R"5; F. i , tiEa0LUCr1 G? ;,EEUS 205",817 PM 1 32 Thh LMn For Recording Dab] MORTGAGE Words used in multiple sections of this document are defined below and other words are claimed in Sections 3, 11, 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security intahmmonr means this document, which is dated MARCH 16, 2006, together wkh al Riders to this document. (B)"Borrower"Is JONATHAN D PORKY, A SINGLE MAN. Borrower is the mortgagor under this Security Instrument (C)"Lender-is AaN AMRO MORTGAGE GROUP, INC. Lender Is a CORPORATION organized and wdsting under the laws of DELAWARE. Lender's address is 2600 W. BIG BNAVER RD., TROY, MICHIGAN 48084. Lender is the mortgagee under this Security Instrument. Initialer PENNSYWAM A-Single Famry-Fa1mb M"Mrsddro Mao UNIFORM MISTRUMENT Form 30091/01 O 1909.2004 Onrne Documents, Inc. Page 1 of 14 PAUDOW PAUDEDL 0411 03-14-2006 7107 8{ 1943PG3451 LOAN #t 651921004 (D) "Note" means the promissory note signed by Borrower and dated MARCZ 16, 2006. The Note states that Borrower owes; Lander •*r++r++++a•+r+r+++r++++++++r++++s+r+??+r •+++++s++w•+w+++•+++++++0? ZUZDtUiD ZIMT TROUSAMD SZVM HUsWRZD AND NO/100 •++r+•++•w+++w*w+w•++a+++rrr•+++++++a++?++•?a+ Dollars (U.S. $1011,700.00 ) plus interest Borrower has promised to pay title debt In regular Periodic Payments and to pay the debt in full not later than APRIL 1, 2036. (E) "Property" means the property that is described below under the heading °Transferof Rights in the arty (F) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges due under the Note, and al sums due under this Security Instrument, plus interest (G) "Ridere° means all Riders to this Security Instrument that are executed by Borrower. The following Riders we to be executed by Borrower [check box as applicable): =Adjustable Rate Rider =Condominium Rider =Second Home Rider = Baloon Rifer D Planned Unit Development Rider =Other(s) [specify) 01-4 Family Rider = Biweekly Payment Rider =V.A. Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and admInistrative rules and orders (that have the effect of law) as well as all applicablefinal, non-appealable judicial opinions. (1) "Community Associatlon Dues, I"% and Assessm~ means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "ElectronbFun&Trotsisr"momanytransfaroffunds,otherthanatransactionoriginated bycheck, drag, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial Institution to debt or credit an account Such term includes, but is not limited to, pointof-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (In "Eaerow Items" means those items that are described in Section 3. (L.) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. n damage to, or destruction of, the Properly; (ii) condemnation or other taking of at or any part of the Property; (iii) conveyance in Ileu of condemnation; or (rv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insuraroe" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Perlodle Paymont" means the regularly scheduled amount due for () principal and interest under the Note, plus (1) any amounts under Section 3 of this Security Instrument (O) "RESPA° means the Real Estate Settlement Procedures Act (12 U.S.C. §2801 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan' even if the Loan does not qualify as a 'federally related mortgage loan' under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: @ the repayment of the Loan, and al renewals, extensions and modifications of the Note; and (fi) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Initials:.J.1.1C._ PENNSYLVANK-Single Family-FanaM MaelFnddo Mao UNIFORM INSTRUMENT Form 3091101 01990-2oa a,ene Dea,monts, Ina Page 2 of 14 PAWEDL a,, 03-14-2006 7t07 BK 1943PG3452 LOU t11 651921004 Lender the following described property located In the cmmy [Type at Recording Jurtadictiml of CIDIENRIAXD [Name of Recording Juriadldion]: SEE LY6llL DESCRIPTION ATTACHED HERETO AND MADE A PART NEREOF. which currently has the address of 706 ALLE MRW OR, IRCRANICSSURG, [sal Icuyl Pennsylvania 17055 CProp"Addressl: r4 Code) TOGETHER WITH ap the improvements now or hereafter erected on the property, and all easements, appurtenances, and lhdures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to In this Security Instrument as the 'Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrowerwarranis and will defend generally thetltletoths Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and tender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Lai* Charges. Borrower shall pay when due the principal of, and Ingest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuantto Section 3. Payments due under the Note and Oils Security Instrument shall be made in U.S. currency. However. If any check or other instrument received by Lender as payment under the Note or this Security Instrument Is returned to tender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose deposits are insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lenderwhen received at the location designated In the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are Insufficient to bring the Loan current lender may accept any payment or partial payment Insufficient to bring the Loan current, without waterer of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at the time such payments are accepted. H each Periodic Payment is applied as of its scheduled due data, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, Initials, Sib PEIRISYLYAN A-Single Farr Ay-Fannie M wT"ddle Mae UNIFORM kNSTRUMENT Fenn 30391101 0 19W2DD4 OnAne Documerae, Inc. Page 3 of 14 PAUDEDI. 0411 03-14-2006 707 BK 1943PG3453 LOAN is 651921004 such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shag relieve Borrower from making payments due underthe Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described In this Section 2, all payments accepted and applied by Lender shag be applied In the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shag be applied to each Periodic Payment In the order in which it became due. Any remaining amounts shag be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. I Lander receives a payment from Borrower for a delinquent Periodic Payment which Includes a sulACent amount to pay any late charge due, the payment may be applied to the delinquent payment and theiste charge. Ifmorethan one Periodic Paymentis outstarxFng, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments 1, and to the extent that, each payment can be paid In tug. To the extent that any excess exists alter the payment Is applied to the fug payment of one or more Periodic Payments, such excsssmaybe appgedtoanyWachargesdue. Voluntaryprepayments shag be applied first to any prepayment charges and than as described in the Nate. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due udder the Note shag not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shag pay to Lender on the day Periodic Payments are due under the Note, u ntg the NOW is paid In fug, asum (the "Funds' to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, If any; (c) premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in Neu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These gems are caged 'Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, tees and assessments shag be an Escrow Item. Borrower shag promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shag pay Lender the Funds for Escrow Items unless Lander waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. In the event of such waiver, Borrower shag pay directly, when and where payable, theamounts dueforany Escrow Items forwhich paymentof Funds has been waived by lender and, I Lender requires, shag furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shaltor all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used In Section 9. If Borrower Is obligated to pay Escrow Itemsdirecty, pursuantto awalver, and Borrowerfak to pay the amountdueforan Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shag then be obligated under Section 9to repay to Lenderanysuch amount. Lender mayrewkethewaiverastoanyoral Escrow items atany time by a nodoegiven in ac cordancewith Section 15 and, upon such revocation, Bon wershall pay to Lander all Funds, and In such amounts, that are than required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficienttopermit Landerto apply the Funds at the time specified under RESPA, and (b) notto exceed the maximum amount a tender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shag be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lander, if Lender is an institution whose deposits are so insured) or initialst Mat;; - PENNSYLVANA-SingleFwa-Fmnb MWl' IN Mao UNIFORM INSTRUMENT Form 3039 1101 O 1989 2004 Online Docwronts, Inc. Page 4 of 14 PAUDEDL 0411 03-14-2006 7907 BKI943PG3454 ]oAN !t 651921004 in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Rams no later than ft time specified under RESPA lender shall not charge Borrower for holding and applying the Funds, annually analyzhg the escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and Applicable Law permits tender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree in writing, however, thatinterest shall be paid on the Funds. Lendershall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. Nthere i5 a surplus of Funds held in escrow, ssdetined under RESPA, Lander shall accountto Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lander shall notify Borrower as required by RESPA, and Borrower shat pay to tender the amount necessary to make up the shortage in accordance whh RESPA, but in no more than 12 monthly payments. if there is a deliclerwy, of Funds held in escrow, as defined under RESPA, Lender shall nobly Borrower as required by RESPA, and Borrower shag pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds hell by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, 9 any, and Community Association Dues, Fees, and Assessments, If any. To the extent that these Items are Escrow items, Borrower shall pay them In the manner provided in Section 3. Borrower shall promptly discharge any Non which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the Nan in a manner acceptable to Lender, but only so king as Borrower is performing such agreement; (b) contests the Non In good faith by, or defends against enforcement of the lion In, legal proceedings which In Landers opinion operate to prevent the enforcement at ft ion while those proceedings are pending, but only until such proceedings are concluded; or (c) socures from the holder of the lien an agreement satisfactory to Lender subordinating the Non to this Security Instrument If tender determines that any partofthe Property Is subjectto a lisnwhich can attain priority over this Security Instrument, Lendermay gin Borrower a notice identifying the Non. Within 10 days of the date on which that notice is given, Borrower shall satisfy the Non or take one or more of the actions set forth above in this Section 4. Lander may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lander in connection with this Loan. 6. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the term 'extended coverage,"and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This Insurance shall be maintained it the amounts (including deductible levels) and for the periods that Lender requires. What tender requires pursuant to the preceding sentences can change during the term of the Loan. The Insurance carrier providing the Insurance shah be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occurwhich reasonably might a4ectsuch determination or certR{cation. Borrower Shan also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lander Is under no obligation to purchase any Initials: Alp PENNSYLVANIA-eipM Family-Fmft MaelFroddla Mae UNIFORM INSTRUMENT Form 30391/01 O 1900-2004 Online Documen* Inc. Page S of 14 PAUDEDL 0411 03-14-2006 7:07 0(1943PG3455 LQU it 651921004 particulartype or amountof coverage. Therefore, such coverage sW cover Lander, butmight ormight not protect Borrower, Borrowers equity in the Property, or the contents of the Properly, against any risk, hazard or liability and might provide greater or lesser coverage than was prevkwsy in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lander under this Section 5 shag become additional debt of Borrower seared by this Security Instrument These amounts shag bear Interest at the Note rate from the date of disbursementand shall be payable, with such interest, upon notice from tender to Borrower requesting payment. AN Insurance policies required by Lender and renewals of such policies shag be subject to Lenders right to disapprove such policies, shall Include a standard mortgage clause, and shag name Lender as mortgagee and/or as an eddtional less payee. Lender shall have the right to hold the policies and renewal certificates. H Lander requires, Borrower shag promptly give to Lender all receipts of paid premiums and renewal notices. It Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shag include a standard mortgage clause and shag name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shag give prompt notice to tine insurance carrier and Lander. Lender may make proof of loss g not made promptly by Borrower. Unless Lander and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying Insurance was required by Lender, shag be applied to restoration or repair of the Property, if the restoration or repair Is sconon ically feasible and Lenders amdlyis not lessened. During such repair and restoration period, Lender shag have the right to hold such insurance proceeds until Lander has had an opportunity to Inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that such Inspection shag be undertaken promptly. Lander may disburse proceeds forthe repairs and restoration In a single payment or In a series ofprogress paymerts = theworkia completed. Unless an sgreernent lo madeinwritlngorApplkableLow requires kdarsstto be paid on such insurance proceeds, Lender shag not be required to pay Borrower any interestorearnings on such proceeds. Fes for pubgeadjusters, orotherthld parties, retainedby Borrower shag notbepaid outoftheInsuranceproceedsand"be0 esoloobligatbnofBorrower. Iftherestorstlon or repair Is not economicaliyfeasibleor Lender's security would be lessened, the insurance proceeds shag be applied to the sums secured by this Security Mtrumert,whetl»r ornot then due,wgh theexons, ifany, paid to Borrower. Such insurance proceeds shag be applied In the order provided for In Section 2. N Borrower abandons the Property, Lander may Me, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lander that the Insurance carrier has offered to settle a claim, then Lander may negotiate and settle the claim. The 30- day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Bonower hereby assigns to Lender (a) Borrowers rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's runts (other than the right to any refund of unearned premiums paid by Borrower) under all insurance polices covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument whether or not then due. 6. Occupancy. Borrower shag occupy, establish, and use the Property as Borrowers principal residences within so days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shag not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. 7. Pneervation, Maintenance and protection of Its Property; Inspections, Borrower shag not destroy, damage cr impalthe Property, Blow the Propertyto deteriorate orcommit waste on the Property. Whetheror not Borrower is resisting kn the Properly, Borrower shag maintain the Property In orderto prevent the Properly from deteriorating or decreasing In value due to ft condition. Unless it is determined pursuant to Seebon5thatrepairorrestwMonkrnotecorumricag lomible,Bomwershallpromplyrepa,irt?hecProperty Initialst PENNOYLVAMA-Skoe Furey-Farm" Ma*%*ddle Mae UMFDA1e INSTRUMENT' Fam 3eft ifal 0 rNasow sma» Docwn rns, Im~ Page 6 of 14 PAUDEDL 0411 03-14-2006 707 6K 1943PG3456 Loll= Its 651911004 r damaged to avoid further deterioration or damage. If Insurance or condemnation proceeds are paid In connection with damage to, or the taking d, the Property, Borrower shall be responsible for repairing or restaring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds la the repairs and restoration In a single payment or in a series of progress psymentsas thework is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrow Is not reload of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and inspections of the Property. tl it has reasonable cause, Lander may inspect the Interior of the improvements on the Properly. Lender shall give Borrower notice at the time of or prior to such an Interior Inspection specifying such reasonable cause. 8. Borrower's Low Application. Borrower shall be in default 9, during the Loan application process, Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to bender (or failed to provide bander with material Information) in connection with the Loan. Material representations include, butarenot limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Itterost In the Property and Rights Under No Security Instrument. 11(a) Borrower falls to perform ft covenants and agreements contained in this Security Instrument, (b) there is a legai proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, Own Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest In the Property and rights under this Security Instrument, Including protecting and/or assessing the value of Ow Property, and securing and/ or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security instrument; (b) appearing In court; and (c) paying reasonable attorneys' fees to protect its interest in the Properly and/or rights under this Security Instrument, Including its secured position in a bankruptcy proceeding. Securing the Property Includes, but is not limited to, entering the Properly to make repairs, change locks, replace or board up doors and windows, train water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lander may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lander incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lander under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 9 this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and Interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, attar or amend the ground lease. If Borrower acquires fee title to ft Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. if Lander required Mortgage Insurance as a condition of making the Loan, Borrower shall paythe premiums required to maintain the Mortgage Insurance In effect If, forany reason, the Mortgage Insurance coveragerequired by Lender ceases to be available from themortgage insurer that previously provided such Insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shah pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lander, 9 substantially equivalent Mortgage Insurance Initials: PENNSYLVANIASingle Family-Famde Mae/Fra11 Iran UNIFORM INSTRUMENT Fern:30*91/01 o lose-2004 Onrne oowm.nts, Inc, Page 7 of 14 PAUDEDL 041 1 03-14-2006 7:07 UK 1943PG3457 Loan !t 651921004 coverage is not available, Borrower shall continue to pay to Lander the amount of the separately designated payments that were due when the insurance coverage ceased to be In affect. Lenderw1i accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan Is ultimately paid in full, and Lander shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no IwW require loss reserve payments If Mortgage Insurancecoverage (in the amount and forthe period that Lander requires) provided by an Insurer selected by Lander again becomes available, Is obtained, and Lander requires separately designated payments toward the premiums for Mortgage Insurance. If Lander required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shag pay the premiums required to maintain Mortgage Insurance in effect, orto provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with anywrittan agreement between Borrawerand Lender provktingforsuch termination oruntil termination Is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note. Mortgage knurancereimburses Lander (or arty entity that purchases the Note) foroertain losses it may Incur I Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such Insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactorytothe mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser ofthe Note, another insurer, any coinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchengefor sharing or modiying the mortgage insurer's risk, or reducing lases. R such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is often termed 'captive reinsurance.' Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase III* amount Borrower will am for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Inaxance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to recelve a rsMdof any Mortgage Insurance prsmiumsthat were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. R the Property le damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, Rthe restoration or repair is economicallyfeasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lander has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided thatsuch inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's securilywould be lessened, the Miscellaneous Proceeds shall be applied to the sums secured Initials$?_ PENNSYLYMaA--shgie For*-Fannie Um/Fredds Mae UMWRM ROTRUMENr Fong =91/011 01999-2004 online Documents, Ina Page 8 of 14 PAUDEDL 0411 03-14-2006 7:07 %I 941PG3458 LOAN It 651921004 by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for In Section 2. In the event of atotaltakhg, destruction, or loss In value ofthe Property, the Miscefneous Proceeds shag be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, it any, paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partidhking, destruction, alas in valuedivided by (b) thetair marketvahne of the Property immediately before the partial taking, destruction, or loss In value. Any balance shag be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Properly immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shag be applied to the sums secured by this Security Instnunant whether or not the sums are then due. If the Property is abandoned by Borrower, or k, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower falls to respond to Lenderwithin 30 days after the data the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shag be in default if any action or proceeding, whether cM or criminal, is begun that, In Lender's judgment, could result In forfeiture of the Properly or other material Impairment of Lender's interest In the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided In Section 19, by causing the action or proceeding to be dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Properly or other material Impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are alldWtable to the impairment of Lender's interest in the Property are hereby assigned and shag be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shag be applied In the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shag not operate to release the Willy of Borrower or any Successors In Interest of Borrower. Lender shag not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwisemodly amortization of thesums secured by this Security Instrument by reason of anydemand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without Imitation, Lender's acceptance of payments from third persons, entities or Successors In Interest of Borrower or in amounts less than the amount then due, shag not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does notexecutethe Note (a "co-signer'): (a) is co- signing this Security Instrument only to mortgage, grant and convey the cc-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pa the sums Initialsi _ PENNSYLVANIA Fwn"annla Maa/Fnndda Mw UNIFORM INSTRUMENT Fam 30091/01 O 19690.4094 Online Docunwrgs Ina. Page 9 of 14 PALIDEDL a1 r 03-14-2006 7107 SK 1943P0459 LOAN #r 651921004 secured by this Security Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section i8, any successor in inte?ast of Borrower who assumes Borrower's obligations underthis Security instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall notbe released from Borrower's Obligations and Ilabr'Nty under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges Lender may charge Borrower tees for services performed in connection with Borrower's default, for the purpose of protecting Lend ee a interest In the Property and rights under this Security Instrument, Including, but not limited to, attomeys'fess, property Inspection and valuation few. In regard to any other fees, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum ban charges, and that law is finally interpreted sothat fhe interestorother loan charges collected ortobe collected In connection with the Loan exceed the permitted limits, then: (a) any such loan charge" be reduced by the amountnecessary to reduce the charge to tiw permitted limit; and (b) any sums already collkcted from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct paymeMto Borrower. Ha refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Nodees AN notices given by Borrower or Lender in connection with this Security Instrument must be lo writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address If sent by Other means. Notice to any one Borrower shall constiMe notice to all Ben7mers unless Applicable Law expressly requlas otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. H Lender specifies a procedure for reporting Borrower's change of address, then Borrower shah only report a' change of address through that specified procedum. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class map to Lender's address stated herein unless Lender has designated anotheraddress bynoticeto Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actuallyreceived byLander. Hany notice required bythis Security Instrument is aisorequired under Applicable Law, the Applicable Law requirement will sadsfy the corresponding requirement under this Security instrument. 16. Governing Law; Sewrabl tty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located. AN rights and obligations contalued in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or Implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security instru ment or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words at the masculine gender shah mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and Initials$ Zy PENNSYLVANIA-%Vie Fw* -FannN Mae/Freddie Use UNIFORM INSTRUMENT Form ease tilt 010062004 onkm Documents, inc. Page 10 of 14 PAtDEDL 041 11 03-14-2006 707 OK t 943FG3460 Loan fls 651921004 include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borrower's copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, 'Interest in the Property' means any legal or beneficial Interest in the Property, including, but not limited to, th ose beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or orcrowagreement, theintent ofwhk histhetransferoftitlebyBorrowsratafuture date toapurchaser. lt al or any part of the Property or any Interest in the Property is sole! or tnvrstarrod (or if Borrower is not a natural person and a bwwkW interest In Borrower is sold or translerred) without Lender's prior written consent, Lander may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such ezsrclse is prohibited by Appk We Law. If Lander exercises this option, Lender shad give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given it accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrowerfails to pay time sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale mined in this Security Instrument, (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower: (a) pays Lander all sums which than would be due under this Security Instrument and the Note as 9 no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Securlty Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other lees Incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d) takes such action as Lander may reasonably require to assure that Lender's interest In the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shad continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses In one or more of thefodowingforms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by afederal agency, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain Aft effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Nole; Change of Loan Servicer, Notice of Grievance. The Note or a partial Interest in the Note (together with this Security Instrument) can be soli one or more times without prior notice to Borrower. A sale might result In a change in the entity (known as the 'Loan ServicW) that collects Periodic Payments due underthe Note and this Security Instrument and performs other mortgage ban servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrowerwdl be given written notice of the change which will statethe name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer of servicing. tf the Note is sold and thereafter the Loan is serviced by a Loan Servber other than the purchaser of the Note, the mortgage loan servicing obligations to Boktowerwill remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Bonv~ nor Lander may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument orthatadegesthat theotherpartyhasbreached anyprovision of,oran` any d?u,ty owed Initials: -Nrur- PENNSYLVANtA-Single Family-FanOle Maa/Freddle Mae UNIFORM INSTRUMENT Form Sae 1/01 01999-2004 online Doc nmft. Inc. Page 11 of 14 PAUDEDL 04111 03-14-2006 7:07 OK f 943PG346 I LOA31 13 651921004 by reason of, this Security Instrument, until such Borrower or Lander has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The nod" of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be doomed to satisfy the notice and opportunity to take corrective action proviakms of this Section 20. 21. Hazardous Substance& As used In this Section 21: (a) 'Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, orwastes by Environmental Law and the toWAng substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides mid herbicides, volatllesolvents, materiels containing asbestos oriormakWhyde and radiosdAvmaterials; (b) 'Environmental Law' means federal Ism and taws of the jurisdiction where the Property Is located that relele to health, safety or environmental protection; (c) 'Envionmental Cleanup' Includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition' means acondition that can cause, contribute to, or otherwise triggeran Environments[chwup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazadous Substances, or threaten to release any Hazardous Substances, an or in the Property. Borrower shall not do, nor allow anyone oleo to do, anything affecting the Property (a) that is in violation of army Environmental Lawn, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates &condition that adversely affects the value of the Property. The precedirhg two sonlanoas shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and 1D maintenance of the Property (nduding, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lander written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but rot limited to, any spiting, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remades. Lander shop give notice to Borrower prlerto acceleration following BenowsYs breach of any covenant or agreement In this Security Instrument (but not prior to aeceteration under Section 18 unless Applicable Law provides ofMrwlse). Lender shah noodly Borrower of, among eth ort hlhgs: (a) tta def0 t; (b) the action required to aw the dsfautk (c) when fhedafauitmustbe etws4and (d) tiatfadhurstoassta defmnltasapecifled mnyrswitin oacdom*m of this awns secured by We Security Instrument, foreclosure by pdclel proosedtng and ealo of dw Property. Lovidwat" further Inform Borroawrofthe rWdto reirwaftaftaraoestarallon andthe dgM to assert In this foreclosure proceeding the non-existence of a default or any other defense of Borrow to acceleration and foreclosure. HIM defaultIs not cured as specified, Larder n ibopi on mayrequke knnwdafepaymwdlnfuti of df aumssecured by this Ssarhty Mstrume twilhoutfurtw demand and may foreclose this Security Instru mant by judlctal proceeding. Lehdsr shal l be entitled to collect all egathass Incurred In pursuing the remedies provkled In tints Section 22, Including, but not timlted to, aftonayW fees and costa of 11% evddeNe to the extent pemltted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender Initialas ?]F PENNSYLVANIA-%wle Famly-Fannie Maw?r*Mle Mao UMFORM iNSTRUMENr Farm 3030 1/M 0 laee-YM On3na Dw marft Imo. Page 12 of 14 PA DEDL 0411 03-14-2006 707 BK t 943PG3462 1A U i 1 651921004 shall discharge and satisfy this Security Instrument Borrower shall pay any recordation eats. Lander may charge Borrower a fee for releasing this Security Instrument, butonly ifthefee Is paid to & third party for services rendered and the charging of the too is permitted under Applicable Law. 24. Walvers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects In proceedings to enforce this Security Instrument, and hereby waives the benalt of any present or Allure laws providing for stay of execution, extension of lime, exemption from attachment, levy and sale, and homestead exemption. 26. Rabm*abmwitPerlod.Bcaowel'stmetorsinstatsprovidedinSectiont9shalodandtomehour prior to the commencement of bidding at a sheriRs sale or other sale pursuantto this Security Instrument 26. Purchase Morey Mortgage. N any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security, instrument shall be a purchase money mortgage. 27. Interest Rate Attar Judgment Borrower agrees that the Interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable *OM time tD time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with k. "b ??ers.ar (Beal) fNATM D FORR2 PENNSYLVANIA-Single Forney-Fannie Maa/Fraddla Mao UNIFORM INSTRUMENT Fom? 3039 1 /M 01x00-2004 onine DocurnwvK Inc. Page 13 of 14 PAUDEDL 0411 03-14-2006 707 8K 1943P63463 LOIN #t 651921004 county of 1A 919. day of 41441 fore see the un r igasd ffimr. persona y a aced 0 oam to se (or satisfactorily proven) to be person chose name(s) i are subscribed to the within instrument and acknowledged that be/she/t executed the same for the purposes therein contained. in witness w roof I hereunto set my hand and ffiaial seal. My comission expires x?Vof Ofyldbr a IJUIJ Y COMMMOPNUEALTH pp PENNSYLVANIA tl@ 2W Msreu rYaAararilonCINaft PENNMVANUI-Sigh FramYy-F Wd9 MaNFreddN Mac UMFORM INSTRUMENT e 10D0. m OAw, Doe ft- Ins. Page 14 of 14 InitialsI Af,- Fort 30391101 PAUDEDL 0411 03-14-2006 707 -OX { 943?63464 Certificate of Residence I, do hereby certly that the erect address of the within-named Mortgagee is 2600 W. BIG SCHEDULE C LEGAL DESCRIPTION Commitment Number. S100405 File Number: S100405 ALL THAT land in Stage Ill, Section B, Townhouse Plots No. 1-D, being more particularly described on said Plan and recorded in Plan Book 42, Page 69, and being designated on said Plan as Lot No. 1-D and also known as 706 Allenview Drive, Mechanicsburg, PA 17055. SWEWARW TITLE GUARANTY COMPANY LOAM 111 651921004 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 16TH day of KRINC H, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument') of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to ABM NITRO NORTGAOE GROUP, INC., A DELAWARE CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at 706 ALLNNVIEM DR, KNCMANICSBURG, PA 17055. The Properly includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in COVEN11NT8, CONDITIONS AND RESTRICTIONS (the 'Declaration'. The Property is a part of a planned unit development known as (the 'PUD'). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association') and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrowershall perform all of Borrower's obligations under the PUD's Constituent Documents. The 'Constituent Documents' are the () Declaration; (i) articles of incorporation, trust instrument or arty equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations ofthe Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage In the amounts (Including deductible levels), forthe periods, and against loss byfire, hazards initials: %;F MULTISTATE PUD RIDER-Shgla Family-Fwu4o M6NFnddM Mao UMFORM INBMUMENr Form 31601/M 019994004 Onfim 0oeurnama, Inc. Pagel of3 F313ORDU F31SORLU 0412 03-14-2006 7107 1K 1943PG3466 LAW is 631921006 included withintheterm extended coverage, and anyotherhazards, includinp, butnot limitedto, earthquakesandfloods, for which Lender requiresinsurance,then: (r) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (i7 Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a cond ition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repairfollowiring Gloss tothe Property, or to common areasand facilities of the PUD, any proceeds payableto Borrower arehereby assigned and shall be paid to Lender. Lender sha11 apply the proceeds to the sums secured by the Security tnsvument, whether or not then ddue, with the excess, if any, pad to Borrower. C. LUns as may be sonic liability insurance policy er. D. emnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance rn lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shat! be applied by Lender to the sums secured by the Secu ''ty Instrument as provided in Section 11. E. iender'a Prior Cor?ssM. Borrower shall not except after notice to Lender and with Lender's priorwritten consent, either partition or subdivide the Property or consent to: (? me abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire orothercasuaity or in the case of a taking by condemnation or eminent domain; (r) any amendment to any provision of the "Constituent Documents' if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self- management of the Owners Association; or (iv) any action which would have the effect of rendering the public Nability insurance coverage maintained bythe OwnersAssociation unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrowersecured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. InitioloI y1DF MULTISTATE PUD RIDER-Singin Farrdly-Femde rMa/Freddte Use UNFORM RMTRUMElQ Form 01601/11 O 19w=4 Onlne Dooamerft Im Pogo 2 of 3 F31 MU 0412 03-16-2006 TsOT w BK i 943PG3467 LOA' 9+ 651921004 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this PUD Rider. MULTISTATE PUD RIDER-Singla FamYy-Famnlo MaalFnddh Mae UNIFORM RWRUMENT Form 31501!01 e 1990-2004 onNm Doeunft Ina Page 3 013 F31SORLU 0412 03-14-2006 7:07 89 1943PG3468 I Certify this to be recorded In Cumberland County PA Recorder of Deeds i" 3 1 a E sr f. f- , .. _..-_._. ' .'........ ......:r:,'_r-.'?.. -. `tea .., i11 ".;, ..r - x ti - lr-f a a. .•fi - i - ti 1 f S l •c _ ?'i m F .a ;c r a } { a t { , J r .-s i ..' ' ` r ? y; f ` S j. t ; F - ` 3 S _ . t s 1 s r- ! as r ; . _ •r' ?l ` " " * ? ' ;:' - , 4 . - .., ? - - - - .".. . : -.--l -- . I .-. . . . . . . i I'. l' f,, h r yr ; F t . .: a .. . . , • + .... _. - ?? ..- / .. .. ., .. .. - ... . ';. ' .. .. t .1. j. -? -. - ,.m .-I. •' B.. -:. . _. : - 1. . - . _ . _ .. Delaware PAGE , ri ie first State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: "ABN AMRO MORTGAGE GROUP, INC.", A DELAWARE CORPORATION, WITH AND INTO "CITIMORTGAGE, INC." UNDER THE NAME OF "CITIMORTGAGE, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW YORK, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-NINTH DAY OF AUGUST, A.D. 2007, AT 8:37 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE FIRST DAY OF SEPTEMBER, A.D. 2007. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 4414507 8100M 070966695 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 5962031 DATE: 08-29-07 State of De2avare Secretary of State Division of ' ations De23vared.08:46 AM 0812912007 FILED 08:37 AN 0812912007 SRV 070966695 - 2251214 FILE CERTIFICATE OF OWNERSHIP MERGING ABN AMRO MORTGAGE GROUP, INC., a Detawan corporation INTO CITIMORTGAGE, INC., a New York corporation Pursuant to Title 8, Section 253 of the Delaware General Corporation Law, Citimortgage, Inc., a corporation incorporated on May 7, 1984, pursuant to the provisions of the New York Business Corporation Law, the provisions of which permit the merger of a subsidiary corporation of another state into a parent corporation organized and existing under the laws of said state, does hereby certify that: FIRST: That this corporation owns all of the capital stock of ABN AMRO Mortgage Group, Inc., a corporation incorporated on January 3, 1991, pursuant to the provisions of the Delaware General Corporation Law and that this corporation, by resolutions of the Executive Committee of its Board of Directors duly adopted on August 21, 2007, determined to and did merge into itself said ABN AMRO Mortgage Group, Inc., which resolutions are in the following words to wit: RESOLVED, That this Corporation merge, and . it hereby does merge, into itself ABN AMRO MORTGAGE GROUP, INC. and assumes all obligations of said corporation. FURTHER RESOLVED, That the merger shall be effective on September 1, 2007. FURTHER RESOLVED, That the Corporation approves and adopts a certain Agreement and Plan of Merger attached hereto and hereby authorizes the Chairman, President, any Senior Vice President or any Vice President of the Corporation to execute said Agreement and Plan of Merger. FURTHER RESOLVED, That the Chairman, President, any Senior Vice President or any Vice President be, and he or she hereby is, directed to make and execute Certificates of Merger and/or Ownership setting forth a copy of these resolutions to merge ABN AMRO MORTGAGE GROUP, INC. and assume the liabilities and obligations of said corporation, and to cause the same to be filed with the appropriate Secretaries of State and to do all acts and things whatsoever, whether within or without the State of New York, which may be in anywise necessary or proper to effect said merger. FURTHER RESOLVED, That the proper officers of the Corporation be, and each of them hereby is, authorized on behalf of the Corporation to take such action as may be necessary or appropriate to carry into effect the foregoing resolution SECOND: That this corporation surviving the merger agrees that it may be served with process in the State of Delaware in any proceeding for enforcement of any obligation of ABN AMRO Mortgage Group, Inc, as well as for enforcement of any obligation of the surviving corporation arising from this merger, including any suit or other proceeding to enforce the rights of any stockholders as determined in appraisal proceedings pursuant to the provisions of Section 262 of the Delaware General Corporation Law, and irrevocably appoints the Secretary of State of Delaware as its agent to accept service of process in any such suit or other proceeding. The address to which a copy of such process shall be mailed by the Secretary of State of Delaware is 1000 Technology Drive, O'Fallon, Missouri 63368, Attention: Legal Department, Mail Station 140. THIRD: That anything herein or elsewhere to the contrary notwithstanding, this merger may be amended or terminated and abandoned by the Board of Directors of Citimortgage, Inc. at any time prior to the time that this merger filed with the Secretary of State becomes effective. FOURTH: The merger is to become effective on September 1, 2007. IN WITNESS WBEREOF, said parent corporation has caused its corporate seal to be affixed and this Certificate to be signed by an authorized officer on Augusts, 2007. CITIMORTGAGE, INC. By. ) ,1 Authorized Officer Name: William P. Beckmann Title: President . . Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: Decemher 5, 2007 E 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 r-_- ?- :? . _... ,?. [`--3 .. •? A3 •? PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Citimortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. Plaintiff V. Jonathan D. Forry Defendant Civil Division Cumberland County No. 07-5611 CERTFICATION OF SERVICE I hereby certify true and correct copies of the Plaintiff's Objections and Responses to Defendant's First Request for Production of Documents and Plaintiff s Objections and Responses to Defendant's Interrogatories to Plaintiff were served by regular mail on counsel for the Defendant on the date listed below: Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 Date:__ D I Attorney for Plaintiff Court of Common Pleas Jos h P. Schalk, Esquire Attorney for Plaintiff 3 co )o ?'Ti Cil PHELAN 1 ALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP, INC. CIVIL DIVISION V. CUMBERLAND COUNTY JONATHAN D. FORRY NO. 07-5611 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: V ? 1 File #: 162424 Phelan Hallinan and Schmieg, LLP By: dkt? . Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire VERIFICATION NATE BI.ACKSTUN hereby states that he/she is Asst~ Wo president-- of CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mort gage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: N Name: HATE SLACKSTUN Title: Asst Vies Prosidsnt Company: CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Loan: 65 1 92 1 004 Pile 7: 162424 LT :. d>,' PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. .V. JONATHAN D. FORRY COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-5611 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: JONATHAN D. FORRY 706 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 dJ C FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Dated: Attorney for Plaintiff FILE 162424 Attorney For Plaintiff r..a J ;--. ? ? ?-? _.a -n 'i °r; ~c, !=r ? ?`.lt'. ._.- ,,: _?_. is - '.f' _ n s t'-, N 't r _ i?" ... i ::` PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (2) 563-7000 CitiMortgage, Inc. SB/M to ABN AMRO Mortgage Group, Inc. 1000 Technology Drive, Mail Station O'Fallon, MO 63368-2240 Plaintiff VS. - C) Attorney for Plaintiff M : Court of Common Teas . Civil Division c: t .a- : Cumberland County Jonathan D. Forry 706 Allenview Drive Mechanicsburg, PA 17055 Defendant : No. 07-5611 CV Term I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof and Praecipe for Argument were sent via first class mail to the person on the date listed below: Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, P 19103 Date: Jonathan D .Forty 706 Allenview Drive Schalk, Esquire for Plaintiff U PRAFCIP FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. (Plaintiff) VS. - \ 5 n Jonathan D. Forry (Defendant) - No. 07-5611-Civil Term` M 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff s Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk, Esquire Address: Phelan Hallinan & Schmieg, LLP 107 N. Front Street Suite 115 Harrisburg, PA 17101 (b) for defendant: Michael E. Stosic, Esquire Address: 2207 Chestnust Street Philadelphia, PA 19103 Jonathan D. Forry 706 Allenview Drive Mechanicsburg, PA 17055 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 16, 2C Date: ?l p 10 Pp e Z ,. y _'t PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. 1000 Technology Drive, Mail Station O'Failon, MO 63368-2240 Plaintiff VS. Jonathan D. Forry 706 Allenview Drive Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff : Court of Common Pleas Civil Division : Cumberland Cou : No. 07-5611 CV T6rm -T, m Li 7 Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant, Jonathan D. Forty, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In his Answer, Defendant generally denies paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendant's Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. 5. Defendant has failed to sustain his burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 6. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1943, Page 3451, is attached hereto, made part hereof, and marked Exhibit A. A true and convect copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 7. The Mortgage is due for the May 1, 2007 payment, a period in excess of ten (10) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendant a letter notifying him of his default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit F. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendant. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit F. 10. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief 11. Defendant has the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. & SCHMIEG, LLP By: V N", 1/1 J9 h P. calk, Esquire .oo`Atto ev for Plaintiff EXHIBIT 8 Vv! S rTNIS INSTRUMENT GAIL /•, Z MG ? DBCttER WAS PREPARED BY s IRTBRFIRST WSOL8SAL8, TRAILING DOCUR (/t 1201 PAST LINCOLN MADISON H8I1 8TS, MI 48071-4171 1-800-542-9512 =! ?ii?.u[d b -•FtVS When recorded mail for f.l;'?RFC,_??i.•,•;1n.•Ty_n? ABM ARRO MORTGAGE GROUP, INC. 9? p 1201 EAST LINCOLN CUTSflfl 1? PM II ? 32 MADISON HEIGHTS, MICHIGAN 48071-4171 ATTN&FINWTRAILIHG DOCUMENTS APB is APR 4: [S a Abovs TMa t.6ra For RwArdn0 Dam] Lou 4+ 651921004 MORTGAGE Words used in multiple sections of this document are defined below and other words are defined in j Sections 3,11,13, 18, 20 and 21. Certain rules regarding the usage of words used in this document l are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 16, 2006, together with all Riders to this document. (B)"Borrower"Is JONATHAN D PORRY, a 6INOLE MAN. Borrower is the mortgagor under this Security Instrument (C)-Lender-is ABN AMRO MORTGAGE GROUP, INC. Lender is a coRPoRATIon organized and existing under the taws of DELAWARE. Lender's address is 2600 N. BIG BEAVER RD., TROY, MICHIGAN 48084. Lender is the mortgagee under this Security Instrument Initials: PENNSYLVANI"Ingla Famly-Fannla Mao/Freddlo Mao UNFORM MISTRUMENT Fenn 80391101 0 199&2004 Onrne Ooeumanla; Inc. Page 1 of 14 PAUDRED PAUDEDL 0411 03-14-2006 7:07 1 OX 1943PG345 I LOAN Ilr 651921004 (D) 'Note" means the promissory note signed by Borrower and dated MARCH 16, 2006. The Now states that Borrower owes Lender •?rarrfaa?rra?raaawwwaara.frrff.ff:arfa.e ..rw......... a...... aw..ONN NUNDRSD 62GNT THOUSAND SEVEN RVNDRND AND 80/100 •fwr.•a?••••ww?..r.ara..........a.ar?awea?awra Ddlars(U.S. $108,700.00 ) plus interest Borrower has promised to pay this debt in regukv Periodic Payments and to pay the debt in full not later than APRIL 1, 2036. (E) 'Properly"means theproperty that isdescribed below under theheading 'TransferofRights inthe Property.' (F) "Loan` means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument plus interest (G) "Riders" means an Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: DAdjustable Rate Rider OCondominiurn Rider =Second Home Rider Q Balloon Rider © Planned Unit Development Rider ClOther(s) [specify] 1-4 Family Rider D Biweekly Payment Rider =VA Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. (1) 'Commurdty Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "ElecbonleFundsTransteemeans anytransferoffunds,otherthan atransaction originated bychedc. draft, or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument, computer, or magnetic tape so as to order, ilstn4 or authorize a financial institution to debit or credit an account Such term includes, but is not imited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L.) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. n damage to, or destruction of, the Property; (s') condemnation or other taking of all or any part of the Property; ul conveyance in Neu of condemnation; or (tv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Perlodlc Payment" means the regularly scheduled amountdue for (I) principal and interest under the Note, plus (s? any amounts under Section 3 of this Security Instrument (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. 92601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that govems the same subject matter. As used in this Security Instrument, "RESPA' refers to all requirements and restrictions that are imposed in regard to a'federally related mortgage ban" even if the Loan does not qualify as a "federally related mortgage loan' under RESPA. (l) "Successor in Interest of Borrower"means any.party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: @ the repayment of the Loan, and all renewals, extensions and modifications of the Note; and me the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Initialaa _`bF PENNsVLVANLk-SWi if Family-Fam" Mao/Frodde Mae UNIFORM INSTRUMENT Form 30791101 m 1999.2004041no Docunwts. lnt Page t of 14 PAUOEDL 04tt 03-14-2006 707 OK 1943PG3452 LOAM Is 651921004 Lender the following described property located in the COUNTY ETypa d Radadhg Jurhdid iml of CWMERLAND INemw of Ramrding Juracklml. SEE LgGILL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 706 ALLEMEN DR, KZCCHANICSBURG, I311eaq Iaryl Pennsylvania 17055 ('PropertyAddress7: 14 Cc"] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument AN of the foregoing is referred to in this Security Instrument as the 'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrowerwarrantsandwill defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurlsdicdon to constitute a uniform security instrument covering real properly. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Rama, Prepayment Charges, and Late Charges. Borrowershall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall abo pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by under as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certiEed check, bank check, treasurer's check or cashier's check, provided any such check is dram upon an Institution whose deposits are Insured by a federal agency. Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. Neach Periodic Payment is applied as of Its scheduled due date, then Lender need not pay interest on unappled funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, Initials% J F PENMYLYANW-Single Fanny-fannh Ma*Xveddta Mae L"FORM IN3IRUMENr Fam 3039 7/M 01990,2004 Onrne Documents, inc. Pago 3 of 14 PAIAEDL 0411 03-14-2006 707 SK 1943PG3453 LOAN 4x 651921004 such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and This Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Appika0on of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shag be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Nate; (c) amounts due under Section 9. Such payments shag be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shag be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. It Lander receives a payment tram Borrower for a delinquent Periodic Payment which includes a svgicient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Isoubtanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments 1. and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the fug payment of one or more Periodic Payments, such excess maybeappledtoanylatechargesdue. Vatuntaryprepayments shall be applied first to any prepayment charges and then as described h the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 9. Funds for Escrow items. Borrower shag pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fug, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are caged "Escrow Items." At origination or at any time during the term of the Loan, lender may require that Community Association Dues, Fees, and Assessments, N any, be escrowed by Borrower, and such dues, fees and assessments shag be an Escrow Item. Borrower shag promptly furnish to Lender all notices ofamounts lobe paid underthis Section. Borrower shag pay Lender the Funds for Escrow Items unless Lender waives Borrowers obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrowers obligation to pay to Lender Funds far any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shag pay directly, when and where payable, the amounts duefor any Escrow Items forwhich payment of Funds has been waived by Lender and, Q Lender requires, shag furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shallbrall purposes bedeemed to be acovenantand agreement contained In this Security Instrument, as the phrase "covenant and agreement' Is used in Section 9. If Borrower is obligated to pay Escrow iternsdirecty, pursuantto awaiver, and Sorrowerfags to paytheamountdueforan Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shag then be obligated under Section 9 torepay to Lenderanysuch amount Lender mayrevokethewalver astoanyorall Escrow tans atany dmeby anodcegiven in accordancewilh Section 15 and, upon such revocation, Borrowershall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) suficientto permit Lender to apply the Rands at the time specified under RESPA, and (b) notto exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shag be held in an institution whose deposits are insured by a federal agency, instrumentality. or entity (including Lender, If Lender is an institution whose deposits are so insured) or Initialer ArAy- PEMNSYLVAMA-Single famly-Famxs Use/Freddie Mae UNIFORM INSTRUMENT Form 3o39 tip/ 0 1999-2004 Onine Documents, Inc. Page 4 of 14 PAUDEDL 0411 03-14-2006 7607 8K 1943PG3454 LOAN 19 631921004 in any Federal Home Loan Bank. Lender shalt apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or vedfying the Escrow hams, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shag not be required to pay Borrower any interest or eamings on the Funds. Borrower and Leader can agree in writing, however, that interestshall be pail on the Funds. Lendershall give to Borrower, withoutcharge, an annual accounting of the Funds as required by RESPA. Morels a surplus of Funds heidih escrow, asdetinedunder RESPA, Landershall account to Borrower forthe excess funds in accordancewith RESPA. B there is a shortage of Funds held in escrow, as defined under RESPA, Lender shag noldy Borrower as requited by RESPA, and Bo r ewer shag pay to tender the amount necessary to make up the shortage In accordance with RESPA, but in no more than 12 monthly payments, if tihere is a deficiency of Funds held in escrow, as defined order RESPA, Lender shag notify Borrower as required by RESPA, and Borrower shag pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fug of all sums secured by this Security Instrument, Lender shag promptly refund to Borrower any Funds hold by Lender. 4. Charges; Liens. Borrower shag pay all taxes. assessments. charges. fines, and impositions attributable to the Property which can attain primly over this Security Instrument, leasehold payments or ground rents on the Property, p any, and Community Association Dues, Fees, and Assessments, if any. To the extent that time items are Escrow Items, Borrower shag pay them in the manner provided in Section 3. Borrower shag promptly discharge any Den which has priority over this Security instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the fen in a manner acceptable to Lender, but only so long as Borrower Is performing such agreement; (b) contests the hen in good faith by, or defends against enforcement of the Ben in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the fen while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the Den to this Security Instrument. If Lender determines that any partof the Property is subjectto a lienwhich can attain priority overthis Security Instrument, Lendermay give Borrower a notice identifying the fen. Within 10 days of the date on which that notice is given, Borrower shag satisfy the Ben or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in confection with this Loan. 5. Property Insurance. Borrower shag keep the improvements now existing or hereafter erected on the Property insured againstbss by ire, hazards includedwithin the term 'extended coverage,* and any other hazards Including, but not limited to, earthquakes and hoods, for which Lender requires insurance. This insurance shag be maintained in the amounts (including deductible levels) and for the periods that lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carder providing the insurance shag be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shah not be exercised unreasonably. Lender may require Borrower to pay, in connection with this loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for good zone determination and aertifloation services and subsequent charges each time remappings or similarchanges occurwhich reasonably might affectsuch determination or certification. Borrower shag also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any Initialar ?- PENNSYLVANIA-SkVis Famiy-Famk M&OTre"s Mae UNIFORM INSTRUMENT Form 3039 I)M O 19e9.2004 OnGae Domi.m. s, 1w- Page 5 of 14 PAUDEDL 0411 03-14-2006 7sO7 BK 1943PG3455 LOAN Its 651421004 particulartype oramountof coverage. Therefore, such coverage shallcover Lender, but might ormight not protect Borrower, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by lender under this Section 5 shag become additional debt of Borrower secured by this Security Instrument These amounts shag bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from tender to Borrower requesting payment AN Insurance policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shag name Lender as mortgagee and/or as an additional loss payee. Lender shag have the right to hold the policies and renewal certificates. It Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In to event of loss, Borrower shag give prompt notice to the insurance carrierand Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or not the underlying insurance was required by gender, shall be applied to restoration or repair of the Property. N the restoration or repair is economically feasble and Landers security is not lessened. During such repair and restoration period, Lender shall have On right to hold such insurance proceeds urd Lander has had an opportunity to inspect such Property to ensure the work has been completed to Landers satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series olprogreas payments as the work is completed. Unless an agreement is made In writing orApplicable Law requires interest to be paid on such insurance proceeds. Lender shelf not be required to pay Borrower any interest or earnings on such proceeds. Fees for pubic adjusters, or other third parties, retained by Borrower shall not be paid out ofthe Insurance proceeds and shall be the sdoobligation of Borrower. I the restoration or repair is not economic* feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, it any, paid to Borrower. Such Insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may foe, negotiate and settle any available Insurance claim and related maters. It Borrower does not respond within 30 days to a notice from Lender that the Insurance carrier has offered to settle a claim, then Lander may negotiate and settle the claim. The 30- day period will begin when the notice is given. In either event. or If Lender acquires the Property undo Sector 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Properly as Borrowers principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shag not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impairthe Property, allow the Property to deterlormeor commit waste on the Property. Whetheror not Borrower in residing In the Property, Borrower shag maintain the Property In orderto prevent the Property from deteriorating or decreasing in value due to ifs condition. Unless it is determined pursuant toSection5thairepalarestorationisnoteeonomicagyfeasibie, BorrowershagpromplyrepvkthePr)petty Taiiialat At 49 PENNSYLVANIA-Shoo Fun6y-Fannie Maa/Freddfr Mae UNIFORM INSTRUMEHr Famr 3039 7Ni 019961-2M Onane Documents, Inc, Page 6 of 14 PpupEDL 041 1 03-14-2006 707 8K 1943PG3456 Loan Ilt 651921004 I damaged to avoid fiufher deterioration or damage. H insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shalt be responsible for repairing or restoring the Property only if lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in asingle payment or ina series of progress payments as thework b completed. If the insurance oroondennation proceeds are notsufficient to repair or restore the property, Borrower is not relieved of Bomwer's obligation for the completion of such repair or restoration. Larder or its agent may make reasonable entries upon and inspections of the Property. H it has reasonable cause, tender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. OL Borrower's Loan Appllcafton. Borrower shall be in default H, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Sonewees knowledge or consent gave materially false, misleading, or Inaccurate information or statements to lender (or failed to provide Lender with material Information) in connection with the Loan. Material representations include, butarenot timitedto, representations concerning Borrowers occupancy of the Property as Borrowers principal residence. 9. Protection of Landers Interest In the Property and Rights Under this Security Instrument H (a) Borrowerfafls to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect lenders interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a Ran which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then tender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value oflhe Property, and securing and/ or repairing the Property. Lenders actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property Includes, but is notlimfted tD. entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lander incurs no liability for not taking any or as actions authorized under this Section 9. Any amounts disbursed by Lender under this Sections shag become additional debt of Borrower segued by this Security Instrument These amounts shag bear interest at the Note rate from the date of disbursement and shag be payable, with such interest, upon notice from Lender to Borrower requesting payment H this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shag not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shag not, without the express written consent of Lender, alter or amend the ground lease. H Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. H Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect H, forany reason, the Mortgage Insurance coverage required byl ander ceases lobe available fromthemortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect. from an alternate mortgage insurer selected by tender. It substantially equivalent Mortgage Insurance Initialar JQV PENNSYLVANIA-Sh9le Fam#y-Fawde Ma%freddie Mae UNIFORM INSTRUMENT Fenn 3W91/01 01999-2004 Onkw Documanb, km Page 7 of 14 PAUDEDL 0411 03-14-2006 7107 BW 19b3QG3b57 LOAD tt 651921004 coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non{efundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shad not be required to pay Borrower any interest or earnings on such loss reserve. Lendercan no longerrequlire loss reserve payments 9 Mortgage Insurancecoveraga (n the amountand forthe period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage hwwrance as a condition of making the Loan and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance, Borrowershad pay the premkxns required to maintain Mortgage Insurance in effect, orto provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with anywrilten agreement between Borrowerand Lender providing for such termination oruntdterminadw is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage insurance reimburses Lender (or any entity thatpurchases the Note) for certain losses it may incur d Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that amsatisfactorytothe mortgage insurer and the otherparty (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may Include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any rensurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchangefor sharing ormodilying the mortgage insurer's risk, or reducing losses. d such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is often termed 'captive reinsurance.' Further. (a) Any such agreements wed not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any ouch agreements will not affect the rights Borrower has • If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. Theae rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/orto receive a refund of any Mlortgagelnsurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shad be paid to Lender. lt the Property Is damaged, such Miscellaneous Proceeds shad be applied to restoration or repair of the Property, tithe restoration or repair is economicaliyteasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided thatsuch inspection stall beundertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shad not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's securitywouki be lessened, the Miscellaneous Proceeds shad be applied to the sums secured Initialer AV PENNSYLVA1IA-,%n9b FanOy-Fannle MaalFreddle Mae UMFORM INSTRUMIM Form 3039 11&1 01 OW2004 ona,e Docunw a. Ina. Page 8 of 14 PAUOEDL 0411 03-14-2006 7s07 gK i 941PG3458 LOAN it 6SI921004 by this Security Instrument, whether or not then due, with the excess, it any, paid to Borrower. Such lugsceliarteous Proceeds shall be applied in the order provided for in Section 2. intheeventofatotattaking,destructon,orloss invalueof the Property, theMiscallaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, N any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking. destruction, or loss in value Is equal to or greater than to amountotthe sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In waiting, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking. destruction, or loss In valuedivided by (b) the fair marketvalue of the Property Immediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender odwwwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. if the Property is abandoned by Borrower, or if, after notice by Lenderto Borrower that the Opposing Party (as darned in the next sentence) offers to make an award to settle a claim for damages. Borrower falls to respond to Lenderwithin 30 days afterthe date the notice is given. Lender Is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lenders judgment could result in forfeiture of the Properly or other material impairment of tender's interest In the Property or rights under this Security Instrument. Borrower can cure such a default and, it acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, In Lenders judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Properly or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender' interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shag be applied In the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modhficaticxt of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shag not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shag not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization olthesums secured bythis Security Instrument by reason ofanydemand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including. without limitation, Lenders acceptance of payments from third persons, entities or Successors In Interest of Borrower or in amounts less than the amount then due, shelf not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Uabl try; Cc-signors; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrowers obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pa the sums Initials: JYJV _ PENNSYLVAM&-VngL Furey-Fannbr MaWFrwdle Mae UNIFORM INSTRUMENT Fern 30301!01 o I gaaaou OnNne Doa,mrrn % Inc. Page 9 of 14 PAUDEDL 0111 03-14-2006 707 BK 1943PG3459 Lohn 11, 651921004 secured by this Security instrument and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signers consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations undarthis Security Instrument In writing. and is approved by Lender, shall obtain all of Borrowers rights and benefits under this Security Instrument Borrower shall not be released from Borrowers obligations and liability underthis Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrowers default, for the purpose of protecting Landers Interest In the Property and rights under this Security Instrument, including, but not limited to, attomeys'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 shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. It the loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other ban charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by two amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded permitted units will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrowerwil constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. AN notices given by Borrower or Lender In connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrowerwhen mailed by first class mail or when actually delivered to Borrowers noticeaddress#sentby other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrowers change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lernderhas designated another address bynoticeto Borrower. Any notice In connection with this Security Instrument shall not bedeemed to have been given to Lender until actuallyreceived by Lender. tany notice required bythis Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing law; Severabli ty, Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. AN rights and obligations contained In this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuterwords or words of the feminine gender, (b) words in the singular shall mean and Initialsr AV - PENNSYLVANIA-Sigla Famly-Fermis Mae/Freddie Mac U1aFORM INSTRUMENT Form 3019 1/01 O tee9-2004 Onlns Documents, inc. Page 10 of 14 PAUDEXL 0411 03-14-2006 707 gK 1943PG3b60 LOAN Ia 651921004 include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall begiven one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IB. 'Interest in the Property' means any legal orbenefieial interest in the Property, including, but not limited to, those beneficial interests transferred Ina bond fordeed, contract for deed, installment sales contract orescrowagreement; the intentofwhich isthatransfer of titeby Borrowerat afuturedate toa purchaser. I tall or any partof the Properly or any Interest in the Propertyis sold or transfaned (or X Borrower is not a rhatural person and a beneficial interest in Borrower's sold or transferred) without tenders prior written consent, tender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall riot be axwdsed by Lender 9 such exercise s prohibited by Applcable Low. If tender exercises this option, Lender shat give Borrower notice of acceterstion. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 wthin which Borrower must pay all sums secured by this Security Instrument B Bomowerfails to pay time sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. It Borrower meets certain conditions, Borrower shall have the fight to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) fire days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrow ees right to reinstate; or (c) entry of a judgment enforcing this Security InsMxnerht Those conditions are that Borrower (a) pays Lender all sums which than would be due under this Security InstrumaM and the Note as I no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' tees, property inspection and valuation fees, and other fees uncured for the purpose of protecting Lender's interest In the Property and rights under this Security instrument; and (d) takes such action as tender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrowers obligation to pay the sums secured by this Security Instrument, shat continue unchanged. Lender may require that Borrower pay such reinstatementsums and expenses In one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon an instlu lonwhose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain Judy effective asrino acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Noll; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more tines without prior notice to Borrow. A sale might result in a change in the entity (known as the 'Loan Servicer') that collects Periodic Payments due underthe Note and this Security Instrument and performs other mortgage ban servicing obligations under the Note, this Security Instrument, and Applicable Law. There also rnight be one or more changes of the loan Servitor unrelated to a sale of the Note. if there is a change of the Loan Servicer, Borrowerwill be given written notice of the change which VAN state the name and address of the new Loan SerAcer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to BorwNwwil remain with the Loan Sam= orbe transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lander may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any d?u..ty owed initialer Nbly?- PENNSYLYAteAv" Ingle Famlly-Fannis Maeofteddle Mac UNIFORM INSTRUMENT Form 3039 1MI o 1999-2004 onrrw Doeumarts. inc. Page 11 of 14 PAUDEDL 0411 03-14-2006 7:07 SK f 943PG346 I LQU Ilr 651921004 by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. t Applicable law provides a time period which must elapse before certain action can be taken, that time period wig be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleratien given to Borrower pursuant to Section 18 shad be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances' are Ilhose substances darned as tonic or hazardous substances. poutants. orwastes by Enworsnental Law and the #b1mvirg substances: gasoline, kereeeni ; other flammable or tobc petroleum products, loraic pesticides and herbicides, volatlesoNents, materials containing asbestos orformaidehyde,andradaactivematedals; (b) `Err*onmental Law' means federal laws and Laws of the jurisdiction where the property is located that slats to health, safety or environmental protection; (c) 'Environmental Cleanup' includes any response action, remedial action. or removal action, as defined in Environmental taw; and (d) an *Environmental Condition'mewm acondillon thatcancauss, contribute lo, orothenwise triggeranEnvironmentalCleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or Ithreaton to release any Hazardous Substances, on or in the Property. Borrower shag not do, nor slow anyone also to do, anything ~kV the Property (a) that is h violation of any Eminxrnental Law, (b) which creates an Environmental Condition, or (c) which, due to tine presence, use, or release of a Hazardous Substance, creates a condition that adverselyaffects the value of the Property. The pnaceding two sentences shag not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property including, but not Ihdted t0, hazardous substances h consumer products). Borrower shag promptly give lenderwritten notice of (a) any investigation, Claim, demand, Lawsuit or other action by any governmental or regulatory agency or private party invaNing the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by fine presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower hams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediaton of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shag create any obligation on Lender for an Environmental Cleanup. NONUNIFORM COVENANTS. Borrower and tender further covenant and agree as follows: 22. Accoleradon; Remedies. Lander shell ghro notice to Borrowerprlor to acceleration following Borrower's breach of any covorkW or agreement M this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lander shell notify Borrower of, among otter things: (a) the default; (b) the action required to "" the defaulk (c) when thodefeuit musttecured-, and(d)thatfalu etocure thedetaultasspedfledmayresult Inacceleration of the sums secured by Ills Security InsUvmsnt, foreclosure by Judicial proceadng and sate of the Property. Underahal further khtorm Borrower of tterWdto roinstateafter acceleration andthe right to assert In the foreclosure proceeding the ran-existence of a defauft or any other defense of Borrowerto accolerallon and foreclosure. If the default Is not cured as specified, Lander of its option may require lnansagate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shelf be entltad to collect all "pens" Incurred In pursuing the remedies provided In this Section 22, including, but not Limited to, attomeya' foes and costs of dUo evidence to the extent pwml8ad by Appl cablo Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender Initialst Alp PENNSYLYAMIA-SNI& FamAy-Fannle MayFredd%Mac UMFORM WSTRUMENT Form 3099 t/et 01999-2004 Oram Docurroem , k,c. Page 12 of 14 PAUOEpt 0011 03-14-2006 707 8K 1943PG3462 LOIN lis 651921004 shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and reuses any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Rehudderwntperiod.Bonrower'stime toreinstate provided inSecdonl9shalextendtoarmhour prior to the commencement of bidding at a sheffs sale or other sale pursuant to this Secunty Instrument 26. Purchase Money Mortgage. If any of the debt seamed by this Security Instrument is lent to Borrower to acquire rte to the Properly, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment Borrower agrees that the Interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. " \) &W (Seal) ATHM D FORR} PENNSYLVANIA-Single Family-Fannie MaeJFnddle Mac UNIFORM INSTRUMEHr Form 70391 /01 a 1999-Om Onrn.Docurnwft Inc. Page 13 of 14 PAUpEDL 04th 03-14-2006 7:07 6K 1943?63463 LOAN it 651921004 CG?mOnwealL OZ County of - I Ay4A QN. dap of fora se, the us z igned fficert persona y a ared to se (or satisfactorily proven) to be a peraoa whose name(s) are subscribed to the within instrument and acknowledged that be/she/the executed the ease for the purposes therein contained. In witness w roof I hereunto set my hand and fficial seal. My commission expires: tlerf Ofyider a COMMONWEALTH OF PENN [ -"'J" PEWSYLIVIAIMNA a1kl,eoA°'a?s„p!? pNoC-tity ypUbjC Mrcoir.?I?IO,E"WAA09-> "e"b e c q ?,? a+a c? s m a N, r,, n PENNSYLYANIA,oingla Famly-Fasnis MaalFroddle Mx UNIFORM INSTRUMENT 0 1999.2001 Onir Ooeur -tk Ins. Page 14 of 14 Initials) Abc Fond 70391/01 PAUDEOL 0111 03-14-2006 7107 -BK I 943PG3464 Certificate of Residence 1, do hereby certify that the correct address of the within-named Mortgagee is 2600 W. eta SCHEDULE C LEGAL DESCRIPTION Commitment Number. S100405 File Number: S100-405 ALL THAT land in Stage III. Section B, Townhouse Plots No. 1-D, being more particularly described on said Plan and recorded in Plan Book 42, Page 69, and being designated on said Plan as Lot No. 1-D and also known as 706 Allenview Drive, Mechanicsburg, PA 17055. 943PC3465- SWEWART TITLE GUARANTY COMPANY LOAN It 651921004 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 16TH day of MARCH, 2006 and is incorporated into and shalt be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the 'Security Instrument') ofthe same date, given by the undersigned (the'Borrovm ) to secure Borrower's Note to ABM AMW MORTGAGE GROUP, INC., A DELAWARE CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at 706 ALLENVIEW DR, MECHANICSBURG, PA 17055. The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in COVENANTS, CONDITIONS AND RESTRICTIONS (the 'Declarationj. The Property is a part of a planned unit development known as (the 'PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the 'Owners Association') and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrowershall perform all of Borrower's obligations under the PUD's Constituent Documents. The 'Constituent Documents' are the (i) Declaration; (i) articles of incorporation, trust instrument orany equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. 8. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards Initials: I_ MULTISTATE PUD RN"-Si gl* Fan*-Fannl. MaNFr*ddb Mae UMWRM INSTRUMENT Form 37501/01 019994000 On7ne Documwft Inc. Pago 1 of 3 P315ORDU F3150RLU 0012 03-14-2006 7t07 O K I 943PG3466 LOAx 1r SS1921004 includedwithintheterm"exuded coverage,' and anyother hazards, including, butnot limited to, earthquakes and floods, forwNch Lender requires insurance, them: (I) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (i) Borrower's obligation under Section S to maintain property insurance coverageon the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable :eds rrower are hery assigned and shall be paid to Lender. Lender shaapply the proto the sires ecurnot hen duewith xcess, 'rf any, Paid to Borrower. C. Public Uability insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as ovided in Section 11. E. Lender's Prior Consent Borrower shall not, except after notice to Lender and with Lendees priorwritten consent, either partition or subdivide the Property orconsent to: () the abandonment or termination of the PUD, except for abandonment or termination required bylaw in thecase of substantial destruction by fireorothercasualty or in the case of a taking by condemnation or eminent domain; (t) any amendment to any provision of the 'Constituent Documents' if the provision is for the express benefit of Lender; (ii) termination of professional management and assumption of self- management of the Owners Association; or (iv) any action which would have the effect ofrenderingthepubllo4ablity insurance coveragemaintained bytheOwnersAssociation unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of. disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Iaitiala: AF MULTISTATE PUD RIDER-Single Fwnly-Fam:ta M"Xr"" Mao Ut6FOAM INSTRUMENT Form 31601/01 01900-204 Onkw Doeumw" 4,04 Page 2 of 3 F3150RLU 0412 03-14-2006 7:07 8K 19b3PG346? LONE to 651921004 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this PUD Rider. MULTISTATE PUD RIOER-Single Fermi-Fam"MaalFred4s Mae UNIFORM *MTRUMEM Fam 315011M 0 l9va-2004 onrne Documents. Inc. Page 3 of 3 F3150BLU 0412 03-14-2006 7107 Btu 1943PG3468 I Certify this to be recorded In Cumberland County PA Recorder of Deeds EXgi,$IT ?,1 LOAN #. 651921004 MARCH 16, 2006 [Date) NOTE CARLISLE, [City] 706 ALLENVIEW DR, MECEANICSBURG, P 17 [Property Address) [State) 1. BORROWER'S PROMISE TO PAY N-/ In return for a loan that 1 have received. I promise to pay U.S. ; 8,700.00 (this caged "Principal"), plus interest, to the order of the Lender. The Lender is ABU AMRO ORTGAGE GROUP, INC., A DELAWARE CORPORATION. i will make at payments under this Note in the form of cash, check for money order. 1 understand that the Lender may transfer this Note. The Lender r anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Ider." 2. INTEREST Interest wig be charged on unpaid principal until the full amount of Principal has been paid, l will pay interest at a yearly rate of 6.125%. The interest rate required by this Section 2 is the rate I will pay both before and after any default d escn'bed in Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. i will make my monthly payment on the iST day of each month beginning on MAT 1, 2006. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on APRIL 1, 2036, (still owe amounts under this Note, I will pay those amounts in full on that dale, which is called the "Maturity Date." I will make my monthly payments at 4242 H. HARLEM AVE. NORRIDGE, IL 6070 ATTNt CASKI13 -me, or at a different place if r fired by the Note Holder. (f1) Amount of Mon V Payments My monthly paymen 11 be in the amount of U.S. 5660.47 . 4. BORROWER' RIG14T RAP 1 have the right to m e paym is of Princi a for for ea due, payment of Pifncipal only is known asa"Prepayment."Wh Imake epayment t H r'ingh ilamdoingso.lmaynotdesignate a payment as a Preps en ve not mad nts d vnd r the Note. 1 may make a g epayme N partial Pr ng a ay ent chargeThe Note Holder will use my Prepayments reduce I amount of P n er this Not . H ever, the Note Holder may apply my Prepayment to the ccrued d unpaid in ayment amou b fore applying my Prepayment to reduce the Principal unt of th Note. If I m ment, there rd b no changes in the due date or in the amount of my Mon y payrn t unless thes in writing to a changes. 5. LOAN CHARGES It a law, which slip! to this to nd whi sets mum loan charges ' finally interpreted so that the interest led or to be ed in connection with this loan exceed the permitted limits, then: (a) any or other ban charges co If V such loan charge shall b reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already call ected iro me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by red ing the Principal l owe under this Note or by making a direct payment to me. If a refund reduces Principal, the redu n will be treated as a partial Prepayment. 6. BORROWER'S FAILURE PAY AS REQUIRED (A) Late Charge for Overdue P'aym ents if the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. l will pay this late charge promptly butonly once on each late payment. (8) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will stiff have the right to do so if 1 am in default at a later time. Initials: MULTISTATE FntED RATE NOTE-Sim& Family-Fannie Mae)Frodde Mac UNIFORM{ INSTRUMENT Form 32001!04 m IM-toot Ontne Documents, Inc. Page 1 of 2 F=aWT wi 03-14-2006 707 LOAN It 651921004 (E) Payment of Note Holder's Costs and Expenses It the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class may to me at the Property Address above or at a different address it I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mad to the Note Holder at the address stated in Section 3 (A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one per gns thi te, each person is and ersonally obligated to keep all of the promises made in this Note, bnclu g the pr Ise to pay thetuil amount ed. y person who is aguarantor, surety or endorser of this Note is also obit ted to d ese things. Any person wh kes ver these obligations, including the obligations of a guarantor, surety en 0 dOF this Note, ' o ligat to ee all of the promises made in this Note. The Note Holder may enforce i rights der this Note agai e c p on d' dually or against all of us together. This means that any one of us m be r wired to pay all of n awe u der this Note. 9. WAIVERS 1 and any other rson o has obligations de Note wa' a rights of Presentment and Notice of Dishonor. "Presentment" mean the ri ht to require the to H [der to d d payment of amounts due. "Notice of Dishonor" means the right to r uire a Note Holder to cite to other ersons that amounts due have not been paid. 10. UNIFORM SEC ED VO This Note is a n orm fled variations in some jurisdict ions. In addition to the protections given to the Note Folder un er the, Deed of Trust, or Security Deed (the "Security instrument"), dated the same date as this Not pro er from possible losses which might result it 1 do not keep the promises which I make in this No . Thentdescribes how and underwhat conditions I maybe required to make immediate payment in e under this Note. Some of those conditions are described as follows: It all or any part of Interest in the Property is sold or transferred (or it Borrower is not a natural person and a beneficial interest in Borrower is sold ortransferred) without Lender's priorwritten consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shad give Borrower notice of acceleration. The notice shad provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower faits to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. .,, Q ?e?y,Q/ (Seal) JONATHAN D FORK! [Sign Original Only) MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 32001101 0 12W2004 Online Documarft Inc, Page 2 of 2 P3200NOT 0401 03-14-2006 7107 EXHIBIT $ PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT ) STATE OF Missouri ss. COUNTY OF Saint Charles ) Nate Blackstun, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Assistant Vice President at CitiMortgage, Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant's accounts. 5. Defendant's mortgage payments due May 1, 2007 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $107,328.67 Interest $3, 187.7 7 April 1, 2007 through September 24, 2007 (Per Diem $18.01) Attorney's Fees $1,250.00 Cumulative Late Charges $165.10 March 16, 2006 to September 24, 2007 Cost of Suit and Title Search $,550.00 Subtotal $112,481.54 Escrow Credit $0.00 Escrow Deficit %405_19 TOTAL $112,886.73 7. Defendant has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mollgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff properly accelerated its mortgage to protect its interests. SWORN TO AND SUBSCRIBED BEFORE ME THIS 13cn DAY OF December.2001--, NOTARY '?OF M1S`', -7-7-77? P(jBr f-1- :' NOTARY . 1 9 . SEAL. T : Nate Blackstun Title: Assistant `Dice President CitiMortgage, Inc. LIZ GEISS My Commission Expires May 22, 2011 Lincoln County Commission #07052216 File Name and ITumber%4aia than WFnrrv # 651921004 EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S.14ALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG; ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162424. CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION UFALLON, MO 63368-2240 Plaintiff V. JONATHAN D. FORRY 706 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Defendant N 771 -c CO ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Civil -Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE we hereby comity the within to be a true and corroct copy of the original filed of record !''HEI-AN ., I QCs 4.4 File k 162424 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG; ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162424 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. JONATHAN D. FORRY 706 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Fife #: 162424 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162424 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 162424 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOURRECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 162424 1. Plaintiff is CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JONATHAN D. FORRY 706 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/16/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1943, Page: 3451. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File !l: 162424 6. The following amounts are due on the mortgage: Principal Balance $107,328.67 Interest $3,187.77 04/01/2007 through 09/24/2007 (Per Diem $18.01) Attorney's Fees $1,250.00 Cumulative Late Charges $165.10 03/16/2006 to 09/24/2007 Cost of Suit and Title Search 550.00 Subtotal $112,481.54 Escrow Credit $0.00 Deficit $405.19 Subtotal $405.19 TOTAL $112,886.73 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 162424 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with.the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $112,886.73, together with interest from 09/24/2007 at the rate of $18.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG L P By: Is/ rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162424 ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick, dated July 4, 1981, with revisions through and including September 8, 1982, as follows, to wit: ALL that land in Stage III, Section B, Townhouse Plots No. 1-D, being more particularly described on said Plan and recorded in Plan Book 42, Page 69 and being designated on said Plan as Lot No. 1-1) and also known as 706 Allenview Drive, Mechanicsburg, P.A, 17055. BEING the same premises which Susan P. Bjorkman, single woman and Lauren E. i Bjorkman, single woman, by deed dated January 4, 1996 and recorded January 11, 1996 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed i Book 133, Page 967, granted and conveyed unto Lauren E. Bjorkman, now Lauren. i Bjorkman Deering, Grantor herein. The said Robert L. Deering joins in the signing I of this Deed to release any marital interest in said property. PROPERTY BEING: 706 ALLENVIEW DRIVE VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands. that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 49,04 relating to unsworn falsifications to authorities. Francis S. Haliinan, Esquire Attorney for Plaintiff DATE: clla-q[O 7 EXHIBIT D /(0 aNay 0 MICHAEL E. STOSIC ATTORNEY AT LAW 2207 CHESTNUT STREET PHILADELPHIA, PA 19103 PHONE: 215.913-5300 FAX: 267-299-6282 STOSIC_M@STOSIC LAW.COM RE: Citimortgage, Inc. v Forry Dear Sir/Madam, Please find the enclosed answer and new matter to your complaint and discovery in relation to this matter. Should you have any questions please feel free to contact me. Warm Regards, Michael E Stosic, Esq. Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV Citimortgage, Inc. CIVIL ACTION c 0 Plaintiff FORECLOSUR2'? V. :J o 'D Jonathan D. Forry NO: 07-56117 <t ' ?n Defendant CA . cn ANSWER and NEW MATTER 1. Defendant is without knowledge sufficient to form an answer. 2. Admitted. 3. The Defendant specifically denies each and every allegation in paragraph 3 and strict proof is demanded at trial. By way of further answer, to the extent that Paragraph 3 refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in Paragraph 3 are conclusions of law to which no responsive pleading is required. 4. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the documentspeaks for itself and no-responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 5. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 6. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 7. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. By way of further answer, Defendant is entitled only attorneys fees actually occurred and strict proof is demanded. 8. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 9. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 10. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. NEW MATTER 11. The Defendant hereby incorporates all prior paragraphs as herein stated. 12. The claim is barred by laches. 13. The claim is barred by the statute of limitations. 14. The claim is barred by equitable estoppel. 15. The claim is barred by negligence. 16. The claim is barred by novation. 17. The Plaintiff lacks standing to assert the claim. 18. Attorneys fees are in excess of reasonable rate and not a sum certain. VERIFICATION I, Michael E Stosic, Esq. do verify that the statements made in said pleading are true and correct. The reason for the substitute verification is that Defendant and her counsel are a significant distance away and time is of the essence to file said answer. 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 unworn falsifications. Respectfully Michael E Stosic Esq PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. Plaintiff VS. Jonathan D. Forry Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 07-5611 CV Term I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Michael E. Stosic, Esquire 2207 Chestnut Street Philadelphia, PA 19103 Date: December 5, 2007 Jonathan D. Forry 706 Allenview Drive MechanicsKu. for Plaintiff EXgIBIT E ?. PHELA HALO NA SCNIN ?IF?3 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 Email: jnsenh.? schalk(4fedj2he_com Joseph P. Schalk, Esquire December 5, 2007 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: CitiMortgage, Inc., et al. v. Jonathan D. Forry Cumberland County CCP, No. 07-5611 CV Term Dear Sir/Madam: Representing Lenders in Pennsylvania and New Jersey* Enclosed please find Plaintiff's Reply to Defendant's New Matter to Plaintiff's Complaint and Certification of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter is appreciated. Ve yr ,v#fyours, s ft-R_Sahaifc, Esquire 3S /nag Enclosures cc: Michael E. Stosic, Esquire Jonathan D. Forry * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (2) 561-7000 CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. Plaintiff VS. Jonathan D. Forry Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 07-5611 CV Term PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, CitiMortgage, Inc. S/B/M to ABN AMRO Mortgage Group, Inc., by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant Jonathan D. Forry and in support thereof states as follows: 11. No response is needed as Defendant's paragraph eleven (11) merely incorporates the responses to Plaintiff's Mortgage Foreclosure Complaint. By way of further response, the responses contained in Defendant's Answer with New Matter are nothing more than general denials. 12. Denied. The averments of paragraph twelve (12) contain conclusions of law to which no response is necessary. To the extent that a response is required, the date of default on Defendant's mortgage account is May 1, 2007. Plaintiff filed its Complaint in Mortgage Foreclosure on September 25, 2007, approximately four and a half months after the default. Therefore, the Doctrine of Laches should not be applied to Plaintiff's Complaint in Mortgage Foreclosure. 13. Denied. The averments of paragraph thirteen (13) contain conclusions of law to which no response is necessary. To the extent that a response is required, Plaintiff s Complaint is clearly within the twenty (20) year statute of limitations based upon the date of the default which is May 1, 2007.42 Pa. CSA §5529(b)(1). 14. Denied. The averments of paragraph fourteen (14) contain conclusions of law to which no response is necessary. To the extent that a response is required, Defendant has failed to state any grounds upon which Plaintiff might be estopped from proceeding with its Complaint in Mortgage Foreclosure. Strict proof to the contrary is demanded. 15. Denied. The averments of paragraph fifteen (15) contain conclusions of law to which no response is necessary. To the extent that a response is required, Defendant has failed to establish a basis for a claim of negligence on the part of the Plaintiff in the Mortgage Foreclosure Action. Strict proof to the contrary is demanded. 16. Denied. The averments of paragraph sixteen (16) contain conclusions of law to which no response is necessary. To the extent that a response is required, Defendant has failed to attach any documentation in support of a claim of novation with respect to the mortgage at issue and the instant action. Strict proof to the contrary is demanded. 17. Denied. The averments of paragraph seventeen (17) contain conclusions of law to which no response is necessary. To the extent that a response is required, it is specifically denied that Plaintiff lacks standing to bring its Complaint in Mortgage Foreclosure. By way of further response, Plaintiff is the successor by merger to the mortgagee on the mortgage of record. A copy of the Mortgage is attached hereto, incorporated herein, and attached as Exhibit "A". A copy of the merger statement is attached hereto, incorporated herein, and attached as Exhibit "B". 18. Denied. The averments of paragraph eighteen (18) contain conclusions of law to which no response is necessary. To the extent that a response is required, it is specifically denied that the attorney fees claimed are excessive, unreasonable or failed to comply with 41 Pa.C.S.A. § 401 et seq. Further, the attorney fees complained in Plaintiffs Complaint are less then 5% of the principal balance due on the loan. A requested fee of 5% of the outstanding principal balance has been granted by the Court in previous cases and found to be reasonable and enforceable. Robinson v_ Loomis 51 Pa. 78(1865); First Federal Savings and Loans Association v Street Road Shopping Center 68 D&C 2d 751, 755 (1974). WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, & SCHMIEG, LLP Date: December 5, 2007 $y: for Plaintiff ExyiIBIT A 7 ?/ry ' l uy p? PREPARED BY t TRIS INSTRUMENT HAS " * G J M /? /? J I G, r _> GAIL GECRER ( 1 `" r INTERFIRST WHOLESALE, TRAILING DOCUM 1201 EAST LINCOLN " MADISON HEIGHTS, MI 40071-4171 = F !=''?=? ` 1-800-542-9512 MECOU- .UCr1 Lr E;EEOS When recorded mail tot G[;''9Eci!?. ,•nn.?r_n. ABN AMRO MORTGAGE GROUP, INC. 1201 EAST LINCOLN 201S 1118H 17 PSI 1 32 MADISON HEIGHTS, MICHIGAN 48071-4171 ATTNtPINAL/TRAILING DOCUMENTS APR 4e APR #t [ ce Abova This L ne For Recording Dab] LOAN /? 651921004 MORTGAGE DEFINITION Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document l are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 16, 2006, together with all Riders to this document. (B) "Borrower is JONATHAN D PORRY, A SINGLE MAN. Borrower is the mortgagor under this Security Instrument (C) "Lander Is ASS AMRO MORTGAGE GROUP, INC. Lender is a CORPORATION organized and e>asdng under the laws of DELAWARE. Lender's address is 2600 W. BIG BEAVER RD., TROY, MICHIGAN 48084. Lender is the mortgagee under this Security Instrument Initialst PENNSYLVANIA-SIngla Farntt4alnle Maa/Freddlo Mao UMFORM INSTRUMEMr Form 30391/01 010 9.2004 Onrne Documents, Inc. Page 1 of 14 PAUDEED PAUDEDI 0411 03-14-2006 7107 BK 1943PG345 I LOAN it 651921004 (D) 'Note" means the promissory note signed by Borrower and dated MARCH 16, 2006. The Note states that Borrower owes Lender aarrarrrrrrraaaaaaaaaar+rrrrrrr+r+rrar+ra •arrr+a++r+arararara++a+ONE NUNDRED BIGHT THOUSAND SEVEN HUNDRED AND NO/100 r+a?errarrrraaaaa•+r+raraaa+raraaaaraasaaaaaar Dollars (U.S. $108,700.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in AM not later than APRIL 1, 2036. (E) "Property" means the property that Is described below under the heading "Transfer of Rights in the Property-' (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: =Adjustable Rate Rider =Condominium Rider =Second Home Rider = Balloon Rider D Planned Unit Development Rider =Other(s) [specify] =1-4 Family Rider = Biweekly Payment Rider =VA. Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judielal opinions. (1) 'Community Association Dues, Fees, end Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "FJoebonle FundsTransfeemeans anytransforaffunds, other than atransaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tenrtinal, telephonic Instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not united to, point-of-sale transfers, automated teller machine transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers. (IQ "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: () damage to, or destruction of, the Property; (k) condemnation or other taking of all or any part of the Property; (u) conveyance in Neu of condemnation; or (tar) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (t) "Periodic Payment" means the regularly scheduled amount due for () principal and interest under the Note, plus (d) any amounts under Section 3 of this Security Instrument (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that govems the same subject matter. As used in this Security Instrument, "RESPA' refers to all requirements and restrictions that are imposed In regard to a `federally related mortgage loan` even If the Loan does not qualify as a'federally related mortgage ban" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: n the repayment ofthe Loan, and ail renewals, extensions and modifications of the Note; and A the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Initials: AF PENNSYLVANIA-Single Fwn9r-Fannie MaeJFroMe Mae UNIFORM INSTRUMENT Form 30391/M ® 1999-2004 OrAlne Documents. Ina Page 2 of 14 PAUDEDL o411 03-14-2006 7tO7 BH 1943PG3452 LOU It 651921004 Lender the following described properly located in the COUNTY (Type d Recording Jurhdieliml Of CUMBERLAND INa" of Reeor&V Jurisd edonl: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART EXREOF. which currently has the address of 706 ALtMWIEN DR, MECRANICSSURG, [su"I [cttyl Pennsylvania 17055 ('Property Address7: Rip co"I TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument AN of the foregoing is referred to in this Security Instrument as the 'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrowerwarrants and will defend generally thetille to the Property against all claim and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitutea uniform security instrument covering real Property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose deposits are Insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated In the Note or at such other location as may be designated by tender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to brag the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unappfied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current B Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, Initiales Star PENNSVLVANW-Single Fancy-Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 30391/01 0199W2M OnAne Documents, Inc. Page 3 of 14 PAUDEDL 041 t 03-14-2006 7107 8K 1943PG3453 LOU It 651921005 such kinds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perforating the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described In this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. I Lander receives a payment from Borrower for a delinquent Periodic Payment which includes a sulfident amount to pay any late charge due, the payment may be appled to the delinquent payment and the late charge. if more than one Periodic Payment is outstanding, lender may apply any payment received from Borrower to the repayment of the Periodic Payments N, and to the extent that, each payment can be paid in kA. To the extent that any excess exists after the payment Is applied to the full payment of one or morePeriodic Payments, such excess maybe applied toanylatechargesdue. Vduntaryprepayments shall be applied first to any prepayment charges and then as described In the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lander on the day Periodic Payments are due under the Note, until the Note is paid In full, a sum (the'Fundsl to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security instrument as a ben or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Fender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in Neu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items." At origination or at any time during the tern of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to lender all notices of amounts lobe paid under this Section. Borrower shall pay lender the Funds for Escrow Items unless Lenderwaives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by lender and, d Lander requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts Shall for all purposes be deemed to be a covenant and ag reement contained M this Security Instrument, as the phrase 'covenant and agreement" Is used In Section 9. If Borrower is obligated to pay Escrow Itemsdirectly, pursuanttoawaiver, and Borrowerfak to paytheamountdueforan Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9torepay to Lender any such amount. Lender mayrevokethewaiveras to any oral Escrow Items atany time by a notice g !van in acoordancewhh Section 15 and, upon such revocation, Bonowershall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficientio permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or Initialst AVIV PENNSYLVANIA-Single Faff y-Fa mle MWFreddle Mae UNIFORM INSTRUMENT Form 3W91/01 O 1999 2004 Online Documents, Inc. Page 4 of 14 PAUDEDL 0411 03-14-2006 7107 BK ! 943PG3454 LoAx It 651921004 in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there isa surplus of Funds hold in escrow, as defined under RESPA, Lender shall account to Borrower forthe excess funds In accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall ratify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to makeup the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, tender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Usns. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, N any, and Community Association Dues, Fees, and Assessments, it any. To the extent that time items are Escrow Items, Borrower shall pay them In the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien In a manner acceptable to Lender, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by. or defends against enforcement of the Ben in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to lender subordinating the Ben to this Security Instrument. If Lender determines that any partof the Property is subjectto a lienwhich can attain priority over this Security Instrument, Lendermay give Borrower a notice identifying ft lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above In this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards includedwithin the term *extended coverage,"and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shag be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, In connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similarchanges occurwhidn reasonably mightaHectsuch determination or certification. Borrower shall also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an objection by Borrower. It Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender Is under no obligation to purc?h-ase any Initialss Alp PENNSYLVANIA-Smells Fsnwly-Farads Mae/Froddie Mac UNIFORM INSTRUMENT Form 30321/01 O 100.2004 Onros Dcwrrwrra, Inc. Pago 5 of 14 PAUDEDL 0411 03-14-2006 707 BK 1943PG3455 LOAN it 651921004 particulartype or amount of coverage. Therefore, such coverage shallcover Lender, but might ormtght not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, heiard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by lender under Uric Section 5 shag become additional debt of Borrower seared by this Security Instrument These amounts shag bear interest atthe Note rate from the detect dlsbursementand shall be payable, with such Interest, upon notice from Lender to Borrower requesting payment. Ali insurance policies required by lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shag name Lender as mortgagee and/or as an additional loss payee. Lender shag have the right to hold the policies and renewal certificates. If Lender requires, Borrower shag promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall Include a standard mortgage clause and shag name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shag give prompt notice to the insurance carrier and Lender. Lender may make proof of loss N not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shag be applied to restoration or repair of the Property, If the restoration or repair is economically feasible and herder's security is not lessened. During such repair and restoration period, Lender shag have the right to hold such insurance proceeds until Lander has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shag be undertaken promptly. Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as d w work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shag not be required to pay Borrower any Into restoreamings on such proceeds. Fees for pubic adjusters, or other third parties, retained by Borrower shal not be paid out of the insurance proceeds and shall be the soleobigadonofBorrower. I the restoration or repair is not economicalyteasble or Lender's security would be lessened, the insurance proceeds shag be applied tD the sums secured by this Security Instrument, whether ormot then due, with the excess, if any, paid to Borrower. Such insurance proceeds shag be applied in the order provided for in Section 2. U Borrower abandons the Property, Lender may file, negotiate and settle any available Insurance claim and related matters. It Borrower does not respond within 30 days to a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30- day period will begin when the notice Is given. In either event, or it Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts Unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shag continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lander otherwise agrees in writing, which consent shag not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control 7. Preservation, MaIntenence and Protection of tine Properly, Inspections. Borrower shag not destroy, damage or impairthe Property. allow the Property to deteriorate or commit waste on the Property. Whetheror not Borrower is residing In the Property, Borrower shag maintain tine Property In order to prevent the Property from deteriorating or decreasing In value due to r1s condition. Unless It is determined pursuant to Section 5that repairor restorauonisnoteconomicalyfeasble, Borrower shall promptly repairthe Property 2aitialsr J49 PENNSYLVANK-Singh Fan*y-Fantle Maeffreddle Mac UNIFORM INSTAUMENr Porch 70581/el o 1OW2004 Online Uocunwft, Inc Page 6 of 14 PAUDEDL o4 ii 03-14-2006 7r07 BK 1943PG3456 LOhN is 651921004 if damaged to avoid further deterioration or damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as thework Is completed. if the insuranceor condemnation proceeds are notsulficient to repairor restore the Property, Borrower is not relieved of Borrower's obligation for the compk+ton of such repair or restoration. lender or its agent may make reasonable entries upon and Inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause. s. Borrower's Moan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at.tre direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate information or statements to Lender (or faded to provide Lender with material Information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Properly as Borrower's principal residence. 9. Protection of Lander's Interest In the Property and Rights Under this Security Instrument. If (a) Borrowerfails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a Hen which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect lender's Interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/ or repairing the Property. Lender's actions can Include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing In court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position In a bankruptcy proceeding. Securing the Property includes, bulls not limited to, entering the Property to make repairs, change locks, replace orboard up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shag bear interest at the Note rate from the date of disbursement and shag be payable, with such Interest, upon notice from Lender to Borrower requesting payment, If this Security Instrument is on a leasehold, Borrower shag comply with all the provisions of the lease. Borrower shag not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the tee title shag not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to mantas the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required byLenderceases to be available from the mortgage Insurer that previously provided such Insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance %nitialss JOC PENNSYLVANA- Sngie FamAy-Famle Maa/Freddle Mae UNFORM INSTRUMEW Form 30391/01 0 1099.2004 On4u Ooc nwft, Inc. Page 7 of 14 PAUDEOL ah h 03-14-2006 707 BK 1943PG3457 LOAM fs 651921004 coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shad be non{efundable, notwithstanding the fact that the loan is ultimately paid in full, and Lender shag not be required to pay Borrower any interest or earnings on such loss reserve. Lendercan no longer require loss reserve payments g Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided byan insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. Render required Mortgage Insurance as a condition of making the Loan and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance, Borrowershallpay the premiums required to maintain Mortgage insurance in effect, ortoprovide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with anywrilten agreement between Borrower and Lender providing for such termination or until termination Is required by Applicable Law. Nothing in this Section 10 affects Borrower's obNation to pay interest at the rate provided In the Note. Mortgage knsuranee reimburses Lender (or any entity thatpurchases the Note) forcertain losses it may incur 9 Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate thew total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements areon terms and conditions that are satisfactoryto the mortgage insurer and the otherparty (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage Insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a resultof these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchangefor sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance.' Further. (a) Any such egreenwnta will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not antitie Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to recelve certain disclosures, to request and obtain cancellation of the Mortgage insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shag be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shag be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shag have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided thatsuch inspection shag be undertaken promptly. Lander may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shag not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lander's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured Initials. J?_ PENN5YLVA/104?inngle Fw*-Fanrdo MaNFreddla Mae UMFORM MTRUMEM Form 30.191/01 O 1999.2004 OnIhe Doa ranh , Inc Page 8 of 14 PAUDEDL 0411 03-14-2006 707 % i 943PQ458 LGIM 4: 6SI921004 by this Security Instrument, whether or not then due, with the excess, 9 any, paid to Borrower. Such Miscallaneous Proceeds shall be applied in the order provided for in Section 2. In the event ota totaltaking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, d any, paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Properly in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds muldpled by the following fraction: (a) the total amount of the sums secured immediately before the partiattaking, destruction, or loss in valuedivided by (b) thefair market value of the Property immediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property In which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured Immediately before the partial taking, destruction, or loss in value, unless Borrower and tender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lenderto Borrower thatthe Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fags to respond to Landerwithin 30 days after the date the notice is given. Lender is authorized to colect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default 9 any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result In forfeiture of the Property or other material impairment of Lender's Interest In the Property or rights under this Security Instrument. Borrower can cure such a detauk and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Property or other material Impairment of Lender's Interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. AN Miscellaneous Proceeds that are not applied to restoration or repair of the Property shag be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by tender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument byreason ofanydemand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender In exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrower's obligations and lability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signerJ: (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums Initials: y PENNSYLVANIA--Single Fam9y-Fannie Mae/Froddle Mac UNIFORM INSTRUMENT Fom: X0091(01 0 1998.4004 Onrne Doc nw ft inc. Page 9 of 14 PAUDEDL 0411 03-14-2006 7:07 BK 1 943PG3459 WAX Its 651921004 secured by this Security Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations underthis Security Instrument in writing. and Is approved by tender, shallobtain all of Borrowers rights and benefits under this Security Instrument Borrower shall notbe released from Borrowers obligations and liability underthis Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and benefd the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers defauh, for the purpose of protecting Landers interest In the Property and rights under this Security instrument, Including, but not limited to, attomeys'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 shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum ban charges, and that law is finally Interpreted so that the interest or other ban charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. He refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. AN notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to Borrowerwhen mailed by first class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify lender of Borrowers change of address. N Lender specifies a procedure for reporting Sorrower's change of address, then Borrower shall only report a- change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to lender's address stated herein unless Lender has designated another address bynoticeto Borrower. Any notice in connection with this Security Instrument shall not bedeemed to have been given to Lender untdactually received byLender. Many notice required bythis Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. AN rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given affect without the conflicting provision. As used In this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and Initials: %p PENNMVAMA-Sh& Family-FmnN Maef reddN Mac UNIFORM INSTRUMENT Form 30101/01 01999.2004 Onrne Documents, Inc. Page 10 of 14 PAUDEDL 0411 03-14-2006 7:07 OK 1943PG3460 LOAN 11 651921004 include the plural and vice versa; and (c) the word 'may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall begiven one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, 'Interest in the Property' means any legal or beneficial Interest in the Property, including, but not Incited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or es crow agreement, the intent ofwh ich isthetransfer of title by Borrower at a future date to a purchaser. If all or any part of the Properly or any Interest in the Property is soli or transferred (or if Borrower is not a natural person and a benetkial interest in Borrower is sold or transferred) without Lender's prior written consent, bender may require immediate payment In full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender If such exercise is proldblied by Applicable Law. 0 Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 90 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrowerfals to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceteratlon. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in We Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defaut of any othercovenants or agreements; (c) pays all expenses Incurred In enforcing Ids Security Instrument, including, but not limited to, reasonable attorneys' fees, property Inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's Interest In the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest In the Property and rights underthia Security Instrument, and Borrowers obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatementsums and expenses in one or more ofthe following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon an institution whose deposits are insured by afederal agency, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial Interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage ban servicing obligations to Borrowerwil remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the otherparty has breached any provision of, or any duty owed rnitiala 1 .7]3V PENNSYLVANIA-Single Famty-Fannis MaNFrod4N Mac UNIFORM INSTRUMENT Form 303911e1 01999-2004OnrmeDocumwa4.Ina Page 11 of 14 PAUDEDL o41t 03-14-2006 7:07 S R I 943PG346 I LOAN lit 651921004 by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. N Applicable law provides a time period which must elapse before certain action can be taken, that time period volt be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shad be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, orwastes by Environmental Latwand the blowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volagesolvents, materials containing asbestos orbrrnaldehyde, and tadioactivemateriafs; (b) 'Environmental LW means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental taw; and (d) an 'Environmental Condition'meansacondition thatcan cause, contribute to, orothemvise trigger an Environmental Cleanup. Borrower shad not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances. on or in the Property. Borrower shad not do, nor allow anyone else to do, anything affecting the Properly (a) that is in violation of any Environmental Law, (b) which creates an Environmental Conditlon, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adverselyalfects the value of the Property. The preceding two sentences shad not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not fine ted to, hazardous substances In consumer products). Borrower shad promptly give lenderwritten notice of (a) any investigation, claim, demand, lawsuit or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. lt Borrower teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shad promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shad create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Accdorallon; Remedios. Lender shed glw notice tot kwmar prlorto acedomtlon tdlowing Bonowor'a broach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Soctkm 18 unless Applicable Law provides otherwise). Lander shall notify Borrower 0f, among otlwrthings: (a) to default; (b) the action requked to rue the default; (c) when thedefauhmustbe cured; and (d) thatfaduretocurelhe defaultasspecltied mayreaultin acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Properly. Lander stall further inform Borrower of the right to reinstate afteraeceleratdon and the right to asset In the foreclosure proceeding the nor"xlatence of a default or any other defense of Borro~to acceleration and foreclosure. If the default is not cured as apeciged, Lender at its option may require Inxnedialepsymont In full of all sums secured by this Security Instrument wlthoutfalher demand and may foreclose lints Security Instrument by judicial proceeding. Lender shell be entitled to collect all exponsos incuarod in pursuing the remedies provided M this Section 22, including, but not limted to, attorneys' foes and costs of title evidence to the extent pwmlfted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shag terminate and become void. After such occurrence, Lender Initialst ly PENNSYLVAMA-%Vlo Famly-FonMa MawFreddfa Mae UNIFORM INSTRUMENT Form 30391/01 01999-2004 Onku Doaxmont% Inc. Page 12 of 14 PAUDEDL 0411 03-14-2006 7907 BK ! 943PG3462 LOAN I1 651921004 shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument but only tithe fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects In proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or Rd" laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. ReiafatementPedod.Borrower's time to reinstate provided in Secdont9shalextendloonehour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument 26. Purchase Moray Mortgage. H any at the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment Borrower agrees that the interest rate payable aftera judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. " sa wi (Seal) LTB719 D PORR2 PENNSYLVANIA-Single Famiy-Famle Mas/Fnddle Mae UNIFORM INSTRUMEHr Form X0391 /01 0 1980-2004 OMne Docun n1a, inc. Page 13 of 14 PAUDEDL o411 03-14-2006 707 8K 1943PG3463 LOAN It 651921004 County of ??"t dap of fore se, the ua r igned fficer, persona y a ared j own to me (or satisfactorily proven) to be a parson whose aau(s) are subscribed to the within instrument and acknowledged that be/she/tbe executed the sane for the purposes therein contained. in witness w reof I hereunto set my hand and pfficial seal. My comLesion expiresi /L/!1' 1?_,A x}tlerf OfS%ftr -J ?? SYLVANUI U Y o Caft Opl bwyRok CCuV ^q 14 i PENNSYLVANIA Sh9N Fam'y- wde Maw iaWle Mw UNIFORM INSTRUMENT 01999-2004 Oniw Doamw ft Inc. Page 14 of 14 Initialst At F' Form 00.191/01 PAUDEDL 0411 03-14-2006 7t07 'Bet 1943PG3464 Certificate of Residence I, do hereby certify that the correct address of the within-named Mortgagee is 2600 w. BIG SCHEDULE C LEGAL DESCRIPTION Commitment Number. S100-405 File Number: S100405 ALL THAT land in Stage Ill, Section B, Townhouse Plots No. 1-D, being more particularly described on said Plan and recorded in Plan Book 42, Page 69, and being designated on said Plan as Lot No. 1-13 and also known as 706 Allenview Drive, Mechanicsburg, PA 17055. 9t?3p?3 SZ'EWART TITLE 465 GUARANTY COMPANY LOAN 11 651921004 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 16TH day of MARCH, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the *Security Instrument') of the same date, given by the undersigned (the "Borrower') to secure Borrower's Note to ABN ANRO MORTGAGE GROW, INC., A DELAMARE CORPORATION (the 'Lender') of the same date and covering the Property described in the Security Instrument and located at 706 ALLENVIEW DR, MECHANICSBURG, PA 17055. The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in COVENANTS, CONDITIONS AND RWTRICTIOXS (the 'Declaration'). The Property is a part of a planned unit development known as (the 'PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrowershall perform all of Borrower's obligations under the PUD's Constituent Documents. The 'Constituent Documents' are the n Declaration; (ii) articles of incorporation, trust instrument orany equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or 'blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (Including deductible levels), for the periods, and against loss by fire, hazards Initials: AW MULTISTATE PUD RIDER-SUpIa Famly-Fannie MaNFnddb Mae UNIFORM INSTRUMEKT Form 31501/01 01980-2004OnAneDocunwft Ina Page 1 of 3 F315ORDU F31SORLU 0412 03-14-2006 7:07 OK 1943PG3466 LOAM is 651921004 included withinthe term "exuded coverage,' and anyother hazards, including, but not limited to, earthquakes and floods, forwhich Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change d uring the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any ntEmff ayable to ower are hereby asd and shall be paid to Lender.lender the proceto the sums seaxy the Security Instrument, whether or e, with thcess, 'rf any, paid trower. 1k Liabilnsurance. Borrohall take such actions as may be to insure the Owners Assocmaintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior ConsertL Borrower shall not, except after notice to Lender and withLender's prior written consent, either partition or subdivide the Property orconsent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required bylawinthecase ofsubstantial destruction Er fireorothercasualty or in the case of a taking by condemnation or eminent domain; any amendment to any provision of the "Constituent Documents' if the provision is the express benefit of Lender, (iii) termination of professional management and assumption of sell- management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability Insurancecoveragemaintained bytheOwnersAssociation unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. `p Initialss sl p MULTISTATE PUD RIDER-Single Fan*-Fannie MaUFraddie Mac Uf4FORM INSTRUMENr Form 31601/01 0 19.2004 Online Documents. aw Page 2 of 3 F9160RLU 0412 03-14-2006 707 BK i 943PG3467 LOAN #a 651921004 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this PUO Rider. V (seal) 1ATH M D FORRZ MULTISTATE PUD RIDER-Single Fam"annle Maa/Fraddla Mae UNIFORM INSTRUMENT Farm 31501101 o 19004.2004 On*w Dawmerft Inc, Page 3 of 3 F3iSORLU 0412 03-14-2006 7107 I Certify this to be recorded In Cumberland County PA 3 Recorder of Deeds 8K 1943PG3468 ,1 > . ;-. ; . - . " < - - :? K J ' -7i Y.+ - y_ •i' ? i .74?+?rn i _r1': r 3•yf' o-f: - .r% .-`-r . -'-`''?'..: _ ;"!i:•.,• :'.tea. - _ - - _':t.^'a . 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I .. l,.i,-.-ir ,: --r , :. . .. . :- .. -. . . . . - -J}a_l' .. . - , ;::. _ : , _ - - - ... ,-... -. .. - ,.. . Y ' - _ " '- _ Yl ?' , : - .: I " _ - .. .- .. _ . ? - I . : . - * . . . * .. . '. , -, -.::: , . . - - . : . - , . .. ? . .. . .? , . . . - . ? - I I . . . ? : .. - . -4 . ? . . . . I . .. . . .. ? - . ?? . . . : . -_ .. .. . - . . , - .. .. : .- .- , . :.. i _. ., . . - .. - .. ... . . - ? - ..., ?. i? I I ? ........... ? - E .B ? .? - X-1 H.-PIT . - - . %.- .. - ... 1. ... I I.. . . ?. I * , I . . ... I.. . ::;: '' ." . 1. ? r Delaware PAGE I qce First State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: "ABN AMRO MORTGAGE GROUP, INC.", A DELAWARE CORPORATION, WITH AND INTO "CITIMORTGAGE, INC. " UNDER THE NAME OF "CITIMORTGAGE, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW YORK, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-NINTH DAY OF AUGUST, A.D. 2007, AT 8:37 O'CLOCK A. M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE FIRST DAY OF SEPTEMBER, A.D. 2007- A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 4414507 8100M 070966695 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 5962031 DATE: 08-29-07 State of Delaware Secretary of State Division of orporat.ions Delivered.08:46 Ak 0812912007 FILED 08:37 AM 0812912007 SRV 070966695 - 2251214 FILE CERTIFICATE OF OWNERSHIP MERGING ABN AMRO MORTGAGE GROUP, INC., a Delaware corporation INTO CITIMORTGAGE, INC., a New York corporation Pursuant to Title 8, Section 253 of the Delaware General Corporation Law, Citimortgage, Inc., a corporation incorporated on May 7, 1984, pursuant to the provisions of the New York Business Corporation Law, the provisions of which permit the merger of a subsidiary corporation of another state into a parent corporation organized and existing under the laws of said state, does hereby certify that: FIRST: That this corporation owns all of the capital stock of ABN AMRO Mortgage Group, Inc., a corporation incorporated on January 3, 1991, pursuant to the provisions of the Delaware General Corporation Law and that this corporation, by resolutions of the Executive Committee of its Board of Directors duly adopted on August 21, 2007, determined to and did merge into itself said ABN AMRO Mortgage Group, Inc., which resolutions are in the following words to wit: RESOLVED, That this Corporation merge, and. it hereby does merge, into itself ABN AMRO MORTGAGE GROUP, INC. and assumes all obligations of said corporation. FURTHER RESOLVED, That the merger shall be effective on September 1, 2007. FURTHER RESOLVED, That the Corporation approves and adopts a certain Agreement and Plan of Merger attached hereto and hereby authorizes the Chairman, President, any Senior Vice President or any Vice President of the Corporation to execute said Agreement and Plan of Merger. FURTHER RESOLVED, That the Chairman, President, any Senior Vice President or any Vice President be, and he or she hereby is, directed to make and execute Certificates of Merger and/or Ownership setting forth a copy of these resolutions to merge ABN AMRO MORTGAGE GROUP, INC. and assume the liabilities and obligations of said corporation, and to cause the same to be filed with the appropriate Secretaries of State and to do all acts and things whatsoever, whether within or without the State of New York, which may be in anywise necessary or proper to effect said merger. FURTHER RESOLVED, That the proper officers of the Corporation be, and each of them hereby is, authorized on behalf of the Corporation to take such action as may be necessary or appropriate to carry into effect the foregoing resolution SECOND: That this corporation surviving the merger agrees that it may be served with process in the State of Delaware in any proceeding for enforcement of any obligation of ABN AMRO Mortgage Group, Inc. as well as for enforcement of any obligation of the surviving corporation arising from this merger, including any suit or other proceeding to enforce the rights of any stockholders as determined in appraisal proceedings pursuant to the provisions of Section 262 of the Delaware General Corporation Law, and irrevocably appoints the Secretary of State of Delaware as its agent to accept service of process in any such suit or other proceeding. The address to which a copy of such process shall be mailed by the Secretary of State of Delaware is 1000 Technology Drive, O'Failon, Missouri 63368, Attention: Legal Department, Mail Station 140. THIRD: That anything herein or elsewhere to the contrary notwithstanding, this merger may be amended or terminated and abandoned by the Board of Directors of Citimortgage, Inc. at any time prior to the time that this merger filed with the Secretary of State becomes effective. FOURTH: The merger is to become effective on September 1, 2007. IN WITNESS WHEREOF, said parent corporation has caused its corporate seal to be affixed and this Certificate to be signed by an authorized officer on Augustj, 2007. CITIMORTGAGE, INC. By: .r Authorized Officer Name: William P. Beckmann Title: President Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: December 5, 2007 E 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 EXHIBIT F •JAN,21,2008 9:40AM CITIMORTGAGE BKRPTCY NO,012 P, 2/7 ADi\ AMRO MORTGAGE 1242 N. Harlem Avenue NorridSe, IL 60700-1204 S00-783-99OU 08/09/2007 JONATHAN FORRY 706 ALLENVIEW DR MC•CHANiCSBURG,PA 17055 Ir ASN•AMRO Mortgage Cppy ACT 91 NOTICE TAKE ACTION TO SAVE YOUR NOME FORECLOSURE This is an africial lmdcc that the mortgage on your home is In default, and tht tender inwds to foreclose. Speclfc information about the nature ofthe default is provided in the snatched pages. The HQMEOWNER'SEMERGENCY MORTGAGE ASSIST PROGRAM (HWAP) may be able to he1P save your home. This Noticc explains how the program works. To sec if HEMAP can help, yqu must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THIS NOTICE. Take this NDttcc with you when you meet with the Cotmsehng Agavcy. Tbs name, address and telephone number of Consumer Credit Counseling Agsnoies,serving your Coumy are listed at d1c end of this Notice. If you have any questions, you moy call the Pennsylvania 14ousing Finance Agency toll free at 1-800-342-2397. Persons what impaired bearing call 1-717.780.1 W. This Notice contains important legal inrorrnation_ if you have any questions, rCPMSentativcs at the Consumer Credit Counseling Agency maybe able to help explain it. You ma;+ also want to contact an attorney in your Seca. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IAMtPORTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VIVIfiNDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA I OTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTI: LLAMANDO MA ACENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUNIERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR CL PROGRAMA LL,AMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUALPUEDE PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. +JAN. 25, 2008 9.40AM CITIMORTGAGE BKRPTCY N0.018 P.. 3/7 Page 2 HQMEOWNEWSNAME(S): PROPERTY ADDRESS: JONATHAN FORRY 706 ALLENVIEW OR MECHANICSBURG, PA 17055 MORTGAGE LOAN NUMBER: 0651921004 CURRENT LENDERISERViCER: ABN AMRO MORTGAGE NOMEOWNER'SEMERGENCY MORTGAGE ASSISTANCE PROGRAM: YOU MAY BE UU91BLE FOR FINANCIAL ASSISTANCE WHiCH CAN SAVE YOUR 1101011' FROM FORECLOSURE AND HELP YOU MAKE FUTURE N40RTGAGE PAYMENTS. 1 F YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ISLiGiBLE FOR EMERGENCY M1DRTCrA0E ASSISTANCE. 1. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOURCONTROL, 2. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND 3. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act. you are entitled w a zernporary stay of foracIMfe on your mortgage for thirty (30) days from the date ofthis Notice. Durinj that time you must umitge and attend a °facc.to•face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS METING MUST OCCUR WITHIN T14E NEXT (30) GAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UPTO DATE. THE PART Or THIS NOTiCE CALLF-D "HOW TO CURB YOUR MORTGAGE DEFAULT." CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumcr credit counseling agencies listed at Om ertd ofthis notice, tlic tender may NOT take action againar you for (30) deys after the date of this mewing. The names, oddresses and telephone numbers of designated constmmer credit counseling Igencies for the county in which the property is located arc set forth at the end ofthis Notice. It is only necessary to schedule one face-to-face moetins. Adviso your lender immodiamly ofyour intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for tlto reasons set forth ldtor in this Nonce (see following pages for specific information about the nature ofyour default.) If you have Mcd and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the HOMEOWNER'SEMSKENCY MORTGAGE ASSISTANCE PROGRAM. To do so, you must fill out, sign and file a comptcted HOMEOWNER'SEMFRGENCY MORTGAGE ASSISTANCE PROGRAM APPLICATION with one of ncc designated Consvrner Credit Counseling agoncies. Only Consumer Credit Counseling agencies have applicctions for the program and they will assist you in submitting a compttte application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days ofyour face-mo. face Incering, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, I•'ORECLOSUKE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds The emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pcnnsyhmnia Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time. no foreclosure proceedings will be pursued o-ainst you If you have ma the time requircmcncs set Forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. ABN AMRO Morlen,'e0 Is* registered s rvicc mark. Used with 1",Iission. w.s,.a... ,JAN.25.2008 9:40AM CITIMORTGAGE BKRPTCY N0.01 P,4 4/1 Page 3 If you have rceoivtd a discharge in bankruptcy and the debt was not reaffirmed, this correspondence is not and sbould not be construed to be an attempt to collect a debt, but only enforctivenr of u lion against Elie property. A13N A M R0 Mort3aec0 may pursue its right against the property, including the right to foreclose, if the delinquency is not cured. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It Up To Dace). NATURE OF THE DEFAULT-Thc MORTGAGE debt held by the above ]order on your property located at: 906 ALLVVIEW DR MECKANICSlaUR0,PA 17055 IS SERIOUSLY 1N DEFAULT because; YOU NAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following montba and the following amounts am now past due: M&rtthty pay:taemtts from S/1/2007 thru 8/1/2007 c? ie24.27 s 3,297.08 matxthly psymerKS from IF TO. 00 t 0.00 Other Chargest Esa:rou, Late chwrge, NSF Fete s 134.09 OlHer provisions of wortgaSt onltgatfons TOTAL A4QVKT PAST DLIX S 8,431-14 HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this notice 9:Y PAYING TIME TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 53,431.14 PLUS ANY MORTGAGE PAYMENTS AND I,ATECHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier"scheck, certified check or money order made payable and sent to: ASN AMRO Mortgage $201 Innovation Way I Chicago, IL 00692 1 You can cure any other default by taking the following action within THIRTY (30) DAYS of the dale ofthis ktter. (Do not use ifnor applicable.) IF YOU DO NOT CURE THE DEFAULT- if you do not cure the defi<ult within THIRTY (30) DAYS ofthe date of this notice the lender intends to exercise its rig)ft to accelerrtt: the mortgage debt. Acceleration of the entire debt. Th is means ate entire outstanding balance of this debt will be considered due immediately and yov may lose your cltunce to pay The mortgage in monthly installments, If full payment of the total amount is nor made within THIRTY (30) DAYS, the lender also intends to instruct its Morneys ro Start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property wt(I be sold by the Sheriffto payoff the mongagt: debt, I r the lender rcfcrs your case to its attorneys, but you core the delinquency before the lender begins lc&al proceedings against you, you will still Ire regvired to pay the reasonable atmnicy's fees that wereactttatly incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even i f they eucmd S50-00- Any allorncy'S fees will be added to the arnount you owe the lender, which may also include other reasonable coats. If yov curt the default within the THIRTY (30) DAY period, you will not be required to pay ottorney'sfecs. OTHER LENDER REMEDIES-•The tender may also sue you personally for Elie unpaid principal balance and ail other sums due under the mottgagc. RIGHT TO.CUR2 DEFAULT PRIOR TO Sl•tLRIFF'SSALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure procecdings'have begun, you still have the rlght to cure the default and prevent the sale to any time up to one hour before the sheriffsSalo. You may do so by paying the total amount then past duc, plus any late or other chat-Sea then due, reasonable attorney'sfcas and costs connected with the foroclosorc stile and any other costs connccicd with the Shcriff'sSalc asspccifed in writing by the lender and by performing any other requirements under the mortgage. C,irrhg your default in Etta manner set forth in this notice will restore yottr muetgaga io Elie same vvsttion as if von had never def tubed. Rbryrr4.w -*JAN, 21. 2008 9:40AM CITIMORTGAGE BKRPTCY N0. O1$ . P.% 5/7 Page 4 EARLIEST POSSIBLE SHERIFF'SSALF, DATE- it is cstintawd that the earll,= date that such a Shcriff'sSak ofthc mortgaged property could be hold wouldbe approximately six (6) months from the date of this Notiac. A notice of the actual date ofthe Sheriff sSalo will be sent to you before the sale. Of course, the amount naeded to curt ft default wilt increase the Iona you wait. You may find out at :qty time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER; ABN AMRO MOR f OAGI: 4242 NORTH HARLEM A VENUE NORRIDOZ, IL 60706 ) -SOD-783-89DO OR Fax Number; 1-709-456-8591 EFFECT OF SHERIFF'SSALE- You should realize that a Sberiff sSalc will end your ownatship ofthc mortgage property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, at lawsuit to remoNv yov and your furnishings and other belongings could be started by the lender at any t;mo. ASSUMPTION OF MORTGAGE- You _. may or -inlay nut (CHECK ONE) Stll or transfer your home 10 a buyer or transferee who will assume the mortgage debt, provided thm all the oumunnding payments. charges stromey's fees and costs are paid prior to or at the salt and that the ocher requirements of the mortgage arc satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE'MORTGACE DEBT OR BORROW MONEY FROM ANOTHER LENDINC INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOVR BEHALF. _ TO KAVETHE MORTGAGE RESTORED TO TKE SAME POSITION AS IF NO DCFAULT HAD OCCURRED, IF YOU CURETHE DEPAULT. (HOWEVER, YOU DO NOT HAVE T148 RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDER YEAR.) - TO ASSZPT THS NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDJNC OR ANY OTHER LAWSUIT INS-ITTUED UNDtRTK6 MORTGAGE DOCUMENTS - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION' UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SeeAaached) THIS MAY BE AN ATTEMPT TO COLLECT A DEBT. ANY NFOItMAT[ON 001'AINFD MAY §E USED FOR THAT PURPOSE. DR403-6 `JAN,25,2008 9:41AM CITIMORTGAGE BKRPTCY Homeowners Emergency Assistance Program Cumberland County Aata?gAftfor 14 S. I71h Strata ItwFisbovS. rA 17104 717.213.0150 AdeMCOM1tdaMMU-hWAmbtt3' 40 E M10 Strwt 0enydm* PA 17325 717334.1318 COLS O WUUM PA 2000 Ljn *mv%% Road Hwr6burg. PA 17102 888.1 I1.2227 Co un=Ity Acom Con minlott atCopdd Repko 15$4perrySIrW HmTbW% PA 17104 717.232A797 LOMA4, be. 7320 No* 5th Street H2njSbW& PA 17110 7!7.237,2207 .42"W" 43 PbOedt:lphin Avenue Woyn0Sbor0, PA T7268 7!7.742.3265 rarA 2 11 Norrh Front S"ot RwTisbu* PA 17110 717.780.3990 00.34?.M7 I t NO. 01$ P,, 6/7 I .. Joseph P. Schalk, Esquire, hereby states thatshe is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsw s CITIMORTGAGE, INC. S/B/M to : IN THE COURT OF COMMON PLEAS OF ABN AMRO MORTGAGE GROUP, INC.: CUMBERLAND COUNTY, PENNSYLVANIA 1000 Technology Drive, Mail Station O'Fallon, MO 63368-2240 PLAINTIFF V. JONATHAN D. FORRY, 706 Allenview Drive Mechanicsburg, PA 17055 ; DEFENDANT NO. 07-5611 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY J. AND EBERT J. ORDER OF COURT AND NOW, this 13th day of May, 2008, after an examination of the pleadings, and Plaintiff's brief in support of summary judgment, and the Court noting that the Defendant has not filed a brief in opposition to summary judgment, the Court finds that the Defendant has answered the complaint by way of general denial and there is no genuine issue of material fact remaining between the parties, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED AND DIRECTED that an in rem judgment is entered in favor of Plaintiff and against the Defendant, Jonathan D. Forry, in the amount of $112,886.73 plus interest from September 24, 2007. By the Court, Y,W\ I 't 4 M. L. Ebert, Jr., J. h 1 ?d 61 ? ? BUZ 'ci ma 30 t Joseph P. Schalk, Esquire Attorney for Plaintiff 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Jonathan D. Forry Defendant 706 Allenview Drive Mechanicsburg, PA 17055 bas "O CE,S /YRZIt LL _L?