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HomeMy WebLinkAbout03-5599MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, hNC.'c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. PHYLLIS T. BEASTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 alter the Complaint and notice are served, by entering a writXen appearance personally or by attorney and filing in writing with the court your defenses or objections to the clffnns 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMBNTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. PHYLLIS T. BEASTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE : .. : THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint, Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Pla'mtiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA P,O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. PHYLLIS T. BEASTON, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW E>,~ -~ ~",5~q : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Washington Mutual Bank, FA, which is the owner of the entire beneficial interest in the Mortgage, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. 2. Defendant, PHYLLIS T. BEASTON, is an adult individual, whose last known address is 221 LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, February 22, 2002, the said Defendant, executed and delivered a Mortgage Note in the sum of $25,000.00 payable to GREENPO1NT MORTGAGE FUNDING, INC., which Note is attached hereto and marked Exhibit "A'. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. Mortgage Electronic Registration Systems, Inc is acting solely as nominee for Washington Mutual Bank, FA its Successors and Assigns. The Said Mortgage is attached hereto as Exhibit "B'. 5. The land subject to the Mortgage is: 221 LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on July 01, 2003 and ail subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $23,843.68 Interest at $5.30 per day From 06/01/2003 To 11/01/2003 ( based on contract rate of 8.125%) $969.89 Accumulated Late Charges $0.00 Late Charges $12.04 From 07/01/2003 to 11/01/2003 $72.23 Escrow Balance $0.00 Attorney's Fee at 5% of Principal Balance TOTAL $1,192.18 $26,077.98 **Together with interest at the per diem rate noted above after November 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A tree and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total mount due together with interest at the rate of 8.125% ($5.30 per diem), together with other charges and costs including escrow advances incidental thereto to thed~d for foreclosure and sale of the property within described. By: PURCEL G & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 'NOTE l'ebz'u&=~, 22, 2002 ~t~..,~..,~..,~..,~'. Bl~OStag IDme! [c~) lsm.] 221 'r-4m:o],n 81~'eet' 1. BORROWER'S PROMISE TO PAY In return for a loan that I have m:c. ived. I promise m?y U.S. S 25,ooo.oo plus intetem, to tbe order of tbe Leuder. The Lender is 1111111111111 (this anmunt is called 'Principal*), I will maim Idl payments under this Not,. in the fomx of Ca~L, check o~ money order. I tmderstand dmt the Lender may ttamfer this Notot Tbe I~xler or anymie who -,t'~t tltis Note by ~ ~ ~ b ratified to receive payments ,mS~- this Note is called tl~ *Note Holder." Imetest will be ~ m~ unpaid pfim:ipal until the' full amount of Principal has beeu paid. I will pay intreat at a yearly rate of B.12S S. TI~ intm~st rate requited by this Station 2 is I!~ ra~ I will pay both befor~ and aft~' any default d,~,i~ed in Section ~(B) of this Note. 3. PAYM~ITS (A) Time amd lqnce of Paymuets I will pay principal and intent by n~t~i,g a paymem every month. l will make my monthly payment on tlgl~J~ dayofeachmonthbe~innin~A~r:l.1 1, 2002 .lwfll -,~t~" these payments every month until I have pa~d all of the principal and inte~st and any other charges descrl~ ~ ~ i nm~ owe under this Note. Each monthly payment will be applied as of its sdmiuled due dat~ and wifl be applied to inte~st beforePriueipal, lf. onlam~eh 1, 201'/ ,l.stUloweamp,mttuederthisNot~lwUlpaythoseammm~inf~llon that ,4.,*,., wbid~ is called Ibe "Maturity Date. · lwillmalremymonlMypaymentsat~.0. ~ 905 M*m,wm~.lc. M'm~ ~'m.~mml~' 07101-0000 orn~ndiffe~e~plneeJft'equJ~dbytheNoteHolder. qB) Amount of Monthly ~* My monthly payment will be in the -.,,,.-~m of U.S. S a4o. 73 4. BORitOWKIPS RIGHT'ID PBEPAY i lmve tbe tibia to hake paymems of IMmipal at my tim~ l~ore they are due. A .pa?-~, ~ ~ ~y ~ ~ as a "Pt~paymem." Wben ! make a IM:pmymem, I will tell the No~e Hold-r in writing thai I am dohig ue. ! nmy not desigmte a payme~ as a Ptepa~quent if I beve not nmde Idl the mnmh!y ~ due undm' the Not~. I may make a fGU Pt~)ayment or partial I~payments without paying a Prepayment eber~. The No~e Hotde~ will use my I~,~ to mtGce the mnmmt of Principal ,h., Il owe under this Note. However. the Note Holder may apply my Prlncipal amoont o( the Note. If I mike a partinl I~ymcnt, tbe~e will be no dlanBcs in the due da,,. or in the tmount of my monthly paymmt nnless the Not,. Holder agrees in wt~ng' to trinse changes. ~=05 MULTI~TA'TE ~ RATE NOTE Sk'qJu FInTtdy..Fmudo Mse//:m4Mb Mm: UNIFORM 0105182455 If t law, which applies m ~his Lo~n md which sets .nldximum ~ ~, is ~ly in~ m ~ ~ i~ or ~ ~ I ~ ~ ~is ~ or ~ ~g a~ ~t M ~. Ifa ~ ~ ~, ~ ~i~ wffi ~ u a pm. rid l~ym=~. '1 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late CbmL, e for Overdue Pay,,,,~ ,: If th~ Nole Holder has not received die full ~mmm/lof any monlhly paymm! by the esd of Z5 ~ter thcdmeit is due, I rtl'Il pay n IMe,'hn,3e to the Noa!'~Holder. The amount ofth~char~ will lx~ S.000 my overduo l~lm~g of principal sad intercO. I will ply ihis Mc clLu~ promptly but only once on ,*~h la~ paymenz. (B) Dehult I If I do not lmy the full ammmt of each monthly paym~t on Ihe da~ it is due, I will be in defmflt. calendar days ~G of If I nm In default, fire Note Holder may staid me a ',~ttm notice tellin~ me that If I do not ~ ~ ~ ~t by a ceflaJn daze, the Note Holder may ~ me Io pay imm,~Ist,-ly the fldl ~tx)un~ of Principal which has no~ ~ paid and fl~ imeresl that I owe ou that amount. That d~ mint be'at hm~ ~0 days at~r d~ d~' on which ~ ~ ~ ~l~ ~ ~ or (D) No Waiver By Nate Holder Even if, a~ · time whcu I mn in default, thc Note :Holder ~ no~ require me to pay immediately in full as described show, the Note Hold~ will still lun~ ~he right to do so i~ I mn in ~__~f~_dt m a later fi~. If the Nc~ Holder has requimi me to pay iuunedi~,.' y in full aa desc~'b~d abow, the Note Holder will have the right to ezpemes include, for example, returnable attomeyf fees. 7. GIVING OF NOTICES .' Unless applir,~ble law requires a different medmd, mzy mxJce thl mn~ be given to me under this Note will be liven by 4eliverin~ it or by mailing it by tim class mail to me at the Ptopen'y Address above or st a different ~ if I gi~ ~ ~ Holder · notioe of m~r different address. Any notice Ihal mint be given to lbo Not~ Holder .under this Note will be given by delivering it ~ by ~ h ~ £~ rAam mail to the Nnte Holder al the ntMrem stated in Section 3(A) above o~ at n dJffem~ Mdvus if I am #yen a ~ of ~ differut address. ~ 8. OBLIGATIONS OF PERSONS UNDER TllXS NO~, If mine than Gne person signs this Note, each pem~ is f~lly and petxonatly oblisated to la~-p all of the ~ ~ h this Note, including th~ pr0mise tOl~ty file f~ll .mmmt ovid. Any person who is a guarantor, surety or endorser of tiffs Note is also oblipted to do flu~e IhJn~s. Any person who takes gver th~t~ obll~iom, indudi~ gle obligatJom of a suarantor, sun~ or endorser of thls Note, b Mso oMipted to keep dj of t~.' prombes mnde in this NoM. ~ ~ Ho~ ~ mf~ ia ~s under tiffs NoM ngninst ~,.~ perstm indivi~,~!!y ot quin~t~, all of us to~ther. TMs means thst an~ oo= ~ ~ ~ ~ ~ m lmy all of the amounts owed under tMs Note. 9. WAIVERS I md my ath~ pcrsou who las o61i~iom under'~is Not~ waive tl~ ri~t.s of Presmunml md Notice of 'Presentmml" means the ri~ll to r~quire Ihe Note Hold~ to dmmnd payment of funmmts due. 'Noti~ of Dishonor" m the rlght Io az~re the Note Holder m give notice to other pe~s ~haz anmum due have no~ ~ ~. 03.053,834,55 I~).~ ~ SECURED NOTg 'mis Note b n uniform innmu! wilh Ihni~ed vnriation in sm jurisdictions. In nddition to the I)mlec~Jons ~iva~ to Note Hoid~ under this Nme, m Mcxtg~e, l)e~d of Truit, or Sec:xu*~y Deed (LI~ *g~urity InSU~*). dau~l ~lm same atu~ ns ~ Note. protects the Note Holder from po~ible losses Which n~ght result if ! do not keep the promises which I make in this Note. TluU ~curity Insmtment describes how and und~ ~nat conditicms ! may be t~luimd to make innnnlia~e ~t ~ ~H ol*nll ammm~ I ow~ under this Note. Some of Iho~ condl.ttons are des~ibed ns follows: If all or any part of the Prope~y or any Inl~st in the Pt-ope~y is sold or transfen~d (or if Borrower is not a nmural person nmi a benefleinl interest in Bonow~ is mid or mmsfen~d) wi~xu I~nder's prior writy~x However. ~ option shall n.ot be exe~ised by ~ xf such exex~se ns prohlMted by Applicable Law. If ~ exe~is~ th~s option, Lender sl~ll give I~-nywer notice of ,,~'!~ration. TI~ notice pmvlde n period of not less than ~0 days from the date the nmiee is liven in ~ with Stolon 15 w~thln which 8osmm~ n~n~ pay all sums s~mx~d by this -__~__~rity Inslnunmt. if lk~ower fails to pay ~ lnslnm~nt without fm~her notice or d,.n~-~ on Born:m~r. WITNEX~ THE HAND(S) AND SEAL(S) OF THE UNDEI~N3NGD. (saa) (Seal) (,Seal) (,Seal) AA&ds-OS OXOS3.I2&SS * Illlilillilll By: GreenPoint Mortgage Fnmilug, lue. 3000 Atrium Way, SMte 430 Mt. Laurd, New ~-~.~ 080M-3911 Pmcel Number: OS-20-1798-201 GFeenPdat Morlp~e Funding, [nc. 100 Wood HMJow Ih-lye, DbtributJoa Deportment Novtto, Ctlifornh 9494S MORTGAGE Ird~T 100013801051824S59 DEFINITION~ Wo~ds used ia atoMiZe sec~om of lids documm~ ~3, I1, 13, 18, 20 and 21. Cemdn ru~ reprding thc um~ of words used in rhls documm~ ~e also pmvi6ed Jn ~q,~__ion 16. .; (A)"Secm'ity~"meamthisdocummt, whichlsdmedl~bt~ary 23, 2002 , to~,~ber wi~ nil RJdm to rids documem. (B) 'BorroMr" is .* (C) UMERS" is MOL~p~ Eiecuooic Re '..gis~t. $),-,~g~, Inc. MERS ? a sejm*ie u.,~l~mmJo~ dm is s:dng soldy as a nomb~ for ~ and L~nder's ~,~ nd mmpu. ~ is the moflpsee under rids Secure7 Imtrummt. MERS h ~ .*,s~M nd existing under the Im of Delaware, md has n A&&,~-O5 [ ~m-6d~pA) mm0 (D} WLatdern JsGrmmnPo:Lnt: Xo:c'l:.g&gm IPt~d.:Lng, Ltnd~ is i corlJ~tion o~smi?~! and cxislinj und~T t~c laws of 'the gl:iCe 0"' Ilev Yo=]c L~x~"Jaddr~sis '100 Mood llo].'lov ~:l.~e tsov,,,t:o, et~.4£m'~LLa ~494S .' (E) "Note" meom thc I)rmnino~ note sisne4 by Bor~w~' taxi dnsed YebZ'UL-y ~"~, 2002 (U.S. S2s, 000.o0 ) ~us inmost.. Bm~'ower has ixombed 1o pay d2b debt in regular PerJQdic (G) "Leto" n~ans the dd)t evMcnced by the NQt~. plus inmost, any pre~yu~m charp~ end la~e char~s due under the Note, and all mm due und~ thb Security immnmnt, plus inmrest. Ridm are to be execul~t by Bm'mw~ lcheck box ns applJcaMel: [] Rider t_J Biweekly hyinent Rider t=.J Other(s) [specify] (l) .'Apjdimble .L~,w." ~ aH con~Juilins, applicable federal, state and local stamps, .re~.,lati~u, oMimmca and ad~mstnnve rides and oflkn (th: have the effect of law) as well as all applicable find, (O) ' .l't?~.c. l'tymmt" means Ihe .!~1_ y scheduled amount due for (i) principal and hn~rut und~ the Note, I~us ~n) my mnoLmtS under Seclmn 3 ofithls Security tlUtnnu:nt. AAAB-05 [ ~ d~-~,A(PA I ---f:"~- P. ge ~r d le FOIIIB ~ 1/01 TRANSFER OF RIGHTS IN THE PROPERTY This Security insttunal se~.~'es to Lender: (i) the ~'payment of the loan, nnd nil n~.wals, exm~om and modifleadons of tb~ No~ and (ii) tl~ perfo~trdnce of Ik~fly~ver's covenants and asreements under this MERS (solely as n~fl~h~,~ for Lendet nnd l.e~et's successors and sss~sns) and to the mccusots and assi~s of MERS, the foliowi~ 6escrtbed properly iof- _ntiS_ _ in the (~ou~ey fF2~ ot IbscmdlnS ~urbdJc~mJ of ~nbe~2.&nd INmsu of ~ i~t: which cuRudy bas the ~_,~a,,ns of 221 L4w~o~n B~:~oo~: ~ ~liwlm [C~], ~ylv~ 1~013 ~ ~ ('~ ~"): TOG~t~R WfTI4 all ~ iml~)Vann~, now oF hnuf~ ~ on d~ properly, and ~ ~,.~, ~. ~ ~ ~ a ~ of ~ ~y, All ~1~ ~ AMd-OS I~ORROWER COVENANTS that Boffow~. is lawfully seited of the estate hereby conveyed and has e~un~.,~.*e~ of mcm'd. Borrow~ watranm anil will defend generally the title to the Prope~r npinst all clainm and demands, snbject to any encumbrances of reeord. TI'lIS SECURITY INSTRUMENT ~ uniform covenants fro' national use and non-uniform covenants with Umited variations by jurl. sdlctio~ to oonsxitu~ propmy. UNIFORM COVENANTS. Bo~owe~ and,Lendex' cov~,i,-.* and a&,ree as follows: Borrower s~all pay whm dne Ibc principal of, and inlen~m on. the d~t evidm~d by the Not~ and any purmnnt to Section 3. Paymems due ,,~4~ tl~ Note and ~ -__q.~_ ,~ity Ins~rummt slmll be made in U.S. cuffency. However. if any check or other instmme~ zecelved by t,endm' as payment under Ihe Note or this ~ by Lender: (~0 rash; Co) money one'.; (e) ~enifled char. k, ~ ~. t~"s ~ or ~h~S ~, ~v~ ~y ~ ~ b d~ ~ ~ ~m~ ~ ~ ~ ~ ~ a ~ ~, ~ity, ~ ~ity; ~ (~ ~ ~ ~. ~, widmut walve~ of any ttJhts ~ ot preju~ to ils ri_obi to sefnse such lm~ or portial paymms in ~e _ful~u~....but t,emlex' is n~ o~.. lf~ta~d to .npply such l~q~nn~ n~ d~ ~n~ such im~-,~s ~e accepted, if eac~ Periodic Pnymmt is applied', as of its scheduled due date, rlt,.n Lender need not pay int~ux on mupplJed funds. Lender may bom tach ~ied funds umii Bonowe~ makes payment to brJn8 the Lou ~. If Ih~ does not do so V~.lMn &remonable period of tin~, Lend~ shrill eRher spply principal balm under tb~ Note innna~Jfdely .prior to foreclonre. No of Tse~ or e. laim whh:h Bon~ver the Note and Ibm __q~__q'ity lmixummt or pm~)nninS the oovrdmnls and n~ls secured by lnstmmmll. 2..,~dles~lon of ~ m' Ptueeeds. E_*___~. as olherwise described in thb SectJml 2, paym,~,, accepted and Spldied by L.cnder droll be applied in thc ~oll~winI o~d~r of p~ty: (a) imerest due unden' d"" Noa~ (b) principal du~ under lb~ Note; (c) nmmmls doe undm' Sec~ 3. Sur. h pa~ dull be applled tint to late dmz, second lo any olber mnoonu due undm- Ibis Securky !~, and if Lender ~vcs a paymn~ from Ik)rmwer for a deilnquem Periodic Pnymeut which includes a the late cl~. If mo~ Iban one Periodic Payn~nt is ou~inL Lender nmy %*~?y any p~ ~ fn~n Bonower to the n~xtyn*fent of the Periodic Payments if, and to the extent 0ant, erich paymmt ~an be paid in full. To the extent chat any e~cess exim ~ t~e p~ymmt is applied to the full paym~ of one or more Petiod~: Payn~ts, such excess may be sppl~d to an~ line c~rges due. Volunta~ prtpaymmts shall be applied first to any pt~pa ~ys~eut c~ ami then as described in the ?~e.. Any application of payments, imunnuc p/o,,-~__., ar Miscellanmus _l)t,~___ ~ to pa~ncipal duc undca' und~ the N~e. ~ the Note is paid in tull, a sum (the 'F. uMs') to provide for paymmt of amounts due for: (a) taxes and assmunenu and oam- items wMch can nmdn prioflt~ over this __q,~,__._,4ty lnsmmm~t ~ a lien or en~m~brun~e on die !~: (b) lus~hold pay _n~_ ~ or gnamd rents on the Property, if any: (c) p~nimm for say and all insurance ~it~d by Lend~ under Section $; nnd (d) Mortgage lnsuttnce premiums, if any, or any sums payable by F.~,ower to Lender in lieu of ~he imYmmt of Moflga~ Insurauce premiums in accordance wi~h the provisions of Section 10. 3'nese itam are called lteaas.' At origination OF at any tlm~ dutJ~ ~ tmn of the Loan. l,.t~er may require that Community Amocia~a Du~ Fees. and A,~maxt,~-~% if at~. be ~n~,n~ I~ Borrows. and such dun, fees and a~m~ae~ ~all I~ an E~:mw Item. Bon~w~ ~hall l~r~y f~-ai~h to I~de~ all nofi~ of am~a to in wfitinL In th~ re. mt of ~.h wai~a-. ~ ahall pa~ di~:tly, when ami wlm~ I~able. tl~ dt~ for my ~,,~u~ llema for whi~ paym~ of ~nd~ l~ been waived by Len~ ~. if I ~ ~ui~. shall f'dmiSh to Lender m~ipts evidenf:in~ sur& =pay~pm vfiihln such titn~ period as t,,nd~ may requJ~. l~,~e~'s obllgal~on Io -~b such pnym~ts and to pmvid~ _~___'pts shall for all ~ ~ ~ ~ be n covenant and sgn~mt coo*~.,,.d in tMs Security Instmma~ m the phrase "eov,..,~* and a~annmt" is used in ~qp~on 9. If Bonower is oblJgaled to pay Em~- ,,,~ [renu dJmaly, punuam to n wsive~, and Borrow~ fails lo pay the ~m~nt da~ for m .F~crow Itent, Leader may ~ its t4.lhls under Section 9 t ~ rmy. at an~ time, collect and ImidJPunds in an amount (a} sufl~ieat to permit Lender to apply ~h~ l~Jds at th~ time qJecifled und~ RESPA'. and (b) not to _-r__,~__ the maximum anoint a iendn' can tusmmble estiwdtm of expenditu~s of fame'Escrow Iteam o~ olhunvise in _~,-,~4__ ~,? wilh Applicable taw. instmmerdality, o~ entity (inchMi~ trader, if Lender is m insthah~ v~mae deposits am so t,~d) or in specified under RESPA. Lender shall nm cha~e Borrower foF bokli~ stol alqdyin~ th~ Funds. annually Funds and Applicable Law permits Ltnda' to maka such a charBe. Unless t- aStuea~nt is rome in writing AAAB-O5 J,dm~ (~i~,4AIPAI to~oe) ~gss ~ ~ .'.,..., ~ 1/01 6. Occupancy. Borrower shall occupy,,~establish, and use the PmpeFty as Borrower's principal fast.ace within 60 da~ nftor the exccution of this Security Instrument and sfudl conrM-~ to oconpy the Property as BorTOWe~'s pfiunipl resid~ce f~ ht least oun yeor afar the date of occupncy, unl.s Lmiw mlam~tse a~rees in writing, edfich consent ~,~, not be unreasonably withheld, or unless es~nuating cJt~nmtnors exim v;hich ~e beyond Borrower's control. d,qt~oy, danm~e or imp~r the Properly, aflbw the l~q)efly to deteriorate or commit waste on the Properly. Whether or not Borrowor is r~idi.'_* in the Property, Botmwor shall maintain the Property in ordor to prevfm* die I~ ff~tn d_~,i,4g or dectusing in valise dun to its cm¥1ition. Unless it is determined pummm to Section S that repair ~r resioratJon is not economically feasible, l~l~ower shall pmmptiy ~ the Pmpm'ty if damaged to, avoid fuflber dmefionnion or danuae, if insurun~ or cm~,,,d~on proceeds ~e paid in cemection-with damase to, or the takin~ of. the Property, Borrower shall be ~32mm~ble for repalrins or ~morins .',the Propm~ only if Lundin' has fldPAM~ ~ for such purposes. Londm' may disbut3e proceeds for till, re~tirs sud restoration in a sinai," paymfn~t or in a sefias of prosress payments n the work is eompleted. If the insurance or c~ond~,n-jon pl,~.~4* are not sufficient to repair or furore the Properly, Bonowor is not relieved of Borrov~r's obllgatinn for the completion of Lender or its qent may mabe mmounble entrias upon and impections of the Propm~. If it has 8. Bornmer*s Loan Applleatina. Bor~wer .h.. be in defmk if. durJns th,. Loan application process, Borrower or any persons or entities' actins at the direction of Borrower or with Borrower's (or failed to provide Lender with mawJd, infommtion) in connection with the Loon. Material ~-prasenutions inoind~, but are not limited to, representations concen~ns Bormwor's __~__,pancy of the Proj~ as Boflower's principal r. idmce. 9. Protasflon of Lender's lntored in tim Property and Rights Under this Security lnstntnwfll~ If (a) lk..~.w~ fails to porfonn thc covmunts sud asreements contained in ibis Secority ~, (b) thm~ is a L-pi pmce~ th-* misht si~y ~ Lnodor's interest in the Pmporty snd/or rishts under this Security inmrmnmt (such as a __pm_ff~-,H**_-!in bunkrup~, pmbato, for cnnd,.m*,.*ioe or forfcitnre, for the Pmpm*ty. Lend~'s as~ms can include, but am not limited to: (a) payinB any sums secured by · Hen whic~ has p~rlty over this ._e-~e-_4,ity L, mnm~ut; (b) q~orin~ in com~; and ('9 paying a~omble .m~n~-~'.f~ ~.~ b ht~u~ h t~ ..Pn~j~ny_~t~? fiShn um~ d~ Se~rity I~, ~ludins ~ts ascural positron m a bankruptcy proceed~s. ~ecunn~ the Property ler. J~_de~_, but is not limited m, under any duty or obliption to do so. It is ,q~eed that Lender incurs no liability for not takinS any or all Any s~otm~ disbursed by ~.~,-r und~itl~ Section 9 shall become additional de~t of Borrower secured by this Security Inst~ These .an~unm shall bear interest at the Note ram frmn the date of dirdmt'sen~ and sladl be payable, with tach Jnlcrc~. upo~ notice from Lend~' to Borrower requesting payment. If this Security lnsmunmt is on a leasehold, Bonuwer shall c~r~ly wi~ ali the provisions of th~ lea~. If Bom~ a~quires fee title to the Ptt~y, t~ Ip~w~d and the fee title shah not murge un~ Le~let' agrees to the n~r in writing. 10. Moe~n~ Insmma~. If tender t~lui~d Mort?? I~ ns n condition of mating I~e Lmm, Bon~ver ~mll pay t~ lz~miums required to malntaln the Mort?? lusuranee in eff~t. If. for any ze~on, previously provided sur~ tnsumn~ and Bor~wer wa~ requJnM to make s~mnlely de~gnnt,.d payments corette mb~mtially equivalent to the Mot~a~e Insurance p~-viomly in effe~x, at a cost subst~tjally equivalent to the c~ ro Bom~ of the M,ortgqe Insurance pr~viomly in effect, from an sltevna~ morr?oe insu~ se&-~_~ by L~nder. If sub~&~blly ~zjuivale~ Mor~o.~ Inmruce coverqe is no~ ~v,ainh~, Borrow= dmU comime to pay m ~ th~ 8nmm of r~ sepamely designated paymma tim paynm~ u a non-n~,d.~,;e loss reserve in' lieu of Mortgage Insurance. ~ loss reserve =~,ds be non=tef~ndnMe, notwithstanding the fn~t that the Loan {, ulfimntMy p~d in f~l{, and I-,.,I,- shall not he Os) Any such agre~m~ts will ~ ~ ~ t~ H~ ~ A~ ~ 1~ ~ my ~ ~. ~ ~ ~ I~, ~ ~ ~ ~ 11. ~ ~ ~m IF ~ ~ h ~, ~ ~Snl)~ed. Unless an s~mnmt is made in writing or AppllmMe Law requires inm~t to I~ paid on ~ Miseellamo~ Proe~ds, Lmder shall not be ~luimi ~o p~ Bors~m' my intmm or enmin~ on such Miscella~om Proceeds, if the res~mio~ or tt~nir is not ,,~'~.'-'y feasible or Lend~'s s~mrity wo~ld be lememd, ihe Mismllmmous ~ shall ,be spplled to Ibc sums secured by this Security wbcflJ~ oF not then due, with the e~e~_~, if ny, pid to BorT~ver. Such Miscellaneous Prc~__~ shidl be In thc cvem or a total t,L~ng, des~ction, or Iota in value or the Pro~y. the Miscellaneous Prc~eeds shall be ~lied to the sunu ?,'-md by this Security Instnmmm, where,- oF m2t Ibm due. In tl~ eveut of a .pltrtial..~d~., desm~ctic~., or loss in value of dm I~qmr~ in whi~ the fair nmrket vduc of Uae Pr~efly tn'u*d,st~7 beFme the psrtisl tskinL destrdc~n, or loss Jn v]due is equal to or secured by this Security Instnnnmt shall ~ rubs:ed by the amount of the M~ef~lm~,"ons Proceeds mH]~pl~d b~ t~ fo]lowil~ fr~tJo~ (fl) Ib~:tOl~ ~t~t of Ih~ ~3tfS seCllred il~rApdis,~ly before f~e pmlal takJnL dum~ctian, or loss in value divided by (b) the fair nm~ ulu~ of the Properly In the evmt of a par~ takins, ~, or loss m value of tl~ Prupmy in which the fair nmket v~due of die Prupefly ip~,~i~t~ty be~o~e die jm~ul tnkan_o, desm~tJos, or loss in vdu~ is less th&q the amount of the mires ~ imnmdiatdy ~ die imztJd taki~, dumEfion, or loss in value, unless If the Property is abandonS: by Borrower. or if, al(er notice by Lender 1o B~.~;~- dmt the Oplmsi~ Party (as defimd in the n~t sentmce) offen to make an award to settle a clahn for dama~s, ~o collm and q~.l.y sums secun~d by um ~cumy Inmnm~t, whether or not then due. 'Ol~0min~ Party' rnemu Om Ihitd pray Ihlt owe~ Borrower Miscetln _~_ ~ m', the plfly n?~fl~ whom Bm'rower has a riiht of a~ion in reprd m Misceihnams Pmc~ds. ., BoFrower shall I~ in default if ny r, fion or in~.,~ ~ dvil or cFh~a~.l, is be~n U~, in me~s~ m me t'vopmy or nSMs unae~ ms ...nmy msmnmm. Borrow~ cm cure such a dehdr nd, ir AL~g-OS dismissed wi~h a riding ~hat, in l.~nder's judgment, precludes forfeiture of the Propem/or other material isr~airment of Lender's inte~st in ~he Property or ri~,. under ~his ~,'~,,~ty lnsmm~nt. The p _mc~d___s of ~y awanl or claim for damages that are at. ii.able to Ihe impainnem of Lender's ime~e~ in ~ ~y ate lu~ assisnod and ~hall be paid to Lend~. All ldis~dlnn~ous Premeds that a~ not npplied to t~,~__~_~ti~ or repair of Ihe Property shall ~ 12. Bnt.rowr Not R~szd~ F~henrnnee ~y ~ N~ a Walva.. Ex'~nsio~ of the tin~ for psym~nt or modification of amo~.~n of d~ sams secured by d~s S~.u~ity lnstmn~nt ~anted by Lender to l~ower or any Successor in Interim of Bo~ower shll not operat~ Io ~Mewe th~ liability of I~mowe~ or Shy Su~essots in Interest of I~..~,~r. Lender shall not be requin~d to ~or~nn~e _p~c.~____~,s a~inst any P,'~r in Inlerest of Bonower or to ~ to emmd tln~ for paymmt or mlm~.~ modify lkmower or my Su~essors in Inte~s~ of i~'tm~r. Any foFnmran~ by IJnder in exe~,~nX shy right or remedy indudin~, v~houl lim~tion, Lender's ~ of ~ f~ffn third persom, entities or Su~esso~ in Inle~st of I~onuwe~ or in nmounu len ~han the smmmt d~n du~, shall not be n waiv~ of or pre~ude the ex..be of any right or remedy. L% Jdnt nnd Seve~l I~aMIlty~ ~ ~s~ssm-s nnd Assigns I~und. no~rov~-~ covenants and agn~s ~ Bo~ower's obl~aliom and I~l~i~'lity ~hd! he joint and several. 14ow~ver, any Bortu~er u~ho co-signs ~ ~_e~?,_,'ity Instrnn~nt but does n~ ~_~c,__,~e Ihe Not~ (a 'oo-~ner")= (~) is eo-si~,nin~ ~ roms of this Security Insmunn~ lb) is not I~.Y obl~?.d to pay the p,~ __--c.__.m~d by this ._ _~_ ~,_~ty inmmnmt~ and (¢) a~es ~st Lender and sny other ~sm' c~n agree to emend, modify, fo~mr or mak~ any n~'~nn~d,~nns with ~ to the terms of ~his Security ~ or the Nm,. without the Subjeet to ~he provisions of ~n 18. any S~ees~r in Interest of Bortov~r who usuries nil of I~ver's r~hls nnd behests .nde- this Se~rity [nstnnnmt. Bonowe~ shall not be released fr~m I~nvower's o~l~ations and ltabUity nnd~r ~ ~eu~y Instmmem nn~ss ~ a~ees to such rdease in have been given ~) Borrower when marled by ~m ~us mail or when actually delivered to Borrower's notice address if sent by o~her means. Notice to any one Borrower Bhnll eomtimte notice to all Borrowe~ onless ~,~,~,~er has designated a nbstimte netice address by not,ce m L~nder. Borrower shall promptly notif~ Lesstn' of Bo~ower's ~.~" of adds~ss. If Lender specifies a pmcedm~ ~' ~po~'tin~ Bon~wer*s chnn~ of address, Ihen Borrower shall only s~port a ~han~e of address tht~ *~* specified pr~.~tre. The~ may be only one designated no,ce nddreSS under this Security lns~'ument su any one time. Any nofiee to Lender shall be siren by delivefin8 'it or by mailln8 it by first class mail to Lend~'s add~s -**~ Ites~n unless l.~nder has desi~,*~ anmher address by notlee to Borrov~r. Any notice in connection with this Se~mlty Instrument ~*dldnOt be deemed to haw been ~iven to Lender until as~tmlly re~ved by Lender. If my notice tequinsd by:this =_q,~__,fity Instrument is also required und~ Appllm~ble Law, the App!~,'nMe Law t~lUinffnent will ~atis~ the co~ nslu~t under this Secm'ity 16, ~mvn~tng Lnw~ Severahlfltyl Rules of ~_.oust~cflm~. This Security Instrument ~*,, be oblismions contained in this Se~u~ly Inmmmcnt a~e subject to any requirements and limitations of AI~ Law. Applicable Law mi~t e~.pl~.' y or impficMy allow the panles to agree I~ eontra~t or il mi~t be silent, but such silence shall not be constn~l as apt. ohibitimi agaimt n~temnent by contract, in ~ event that any provision ~ clatme of thi~ __q,~_ *_qty lnsmnnent or tile Note confli~s ~ Applicable Law, such ~onni~t shall not affect otbm' provisions of this Security lnstmmem or ~he No~ whi~ can be As ~__m~_ in this ,.qec~Jty Instmm~t: (a) words of the mam~line ~ ~ mmm mid includ~ or *,o ds or Co) sins sr ? nd include lhe plural and vlce versa; and (c) tbe. word may ~vessoledisc~ionwitlmutsnyobli~mionto 17. BoITov~'s ~. ~ ,h*~l I~ given one copy of the Note and of this Security I~, 18. Trunsfer of the Property et n Bmleflehd Interest In BoiTov~. As used in thi~ Sec~on 18. 'interim in the Propes~* means any ~ or .be~Fs~bd hteru~ in the Properly, in~udin~, hot not limimd to, dms~ beneficial ~ trmsfemM in a ,l~d for deed, comra~t for d,~d, tnstal~ntmt hies contr~t or esc~w n~mlent, dte intent of which is tl~ t~mfer of tit~ by Bonmvm- at a f~m~ date m a pm~.tmser. If aH or any pa~ of the I~ or any~ln*~'~st In Ihe i~ is mM m. trmmfen*ed (or if ~ is not a natoral penon and a benefichd im~-n in Bormv~r is mid or ~mm~m~d) widlout Lend~.s pflor written consent. Lender may z~quire innnedJale payment Jn ~ of MI mmls secured by dlil Security lmmmJem. However, this option, slmll not*'be exe~ised b~ Lender if such ese~cbe is proMbhed by Appflcable Lr, v. provide a perkxl of not less than 30 days fi~.A the ,~d,. the notice is siren in ac:c:onhnce w~ ~ i $ within which BoFrowm' sm~ Pq' sll m secm~l by this Secuflty lmtmment, if ~,~,,,,.er falls to pay these sums prior m the expintion of this ~ ~ may invo~ any remedies pe~!-~l by this 19. BmTower*s Right to Rdnstnte .After Aeederution. If Borrower p~-** ces~ln conditions. Borrower droll have ~he fight to have enfor~nnem of this Seeurlty Inmmmmt d ~__~inued at any time prior to Ibc earliest of: (t) five days b~ore .hie of ihe properly immna~ to any power of sde contained in tbJs ~,~*fity Inmrummt: (b) such othm' period as Applicnble Law miSh! specif~ for the teffnins~m of' Bom~w~'s risht to ' 'o~ ranstue. (c} _retry,, of a judsm~ enfot~jn8 ~is Security lnsmnn~ 'l'nose ,.,~b~,~ ~e that ~ (a) pays LeniJer dl sunm which then would be due under this Security A/dd-0S OO4AJPA) m0ell pap t~' d ~J · ItOml 303B 1/01 a~t~t: (c) pays all expenses ~ in enforcing Ibis Security Instrument, including, but not lhnited lo. n~ atto~* tees, property inspe~io~ and valmttion fee~, and other fees incurred for the ~ of pMta:tins Lender's int~rut in the Properly nd rights under ~is Security Ins~,~-~*; and (d) such n~imi as Lender may nnmonably ,r~quire to assure the, l~,~d~*,s ~ in the Property and rishts under this Secu~ty insmnnent, and ~,~'s obliption to pay the sums __~__~d by ~ Security Innnnnent. droll cominne un~ I~nder may require thnt lkaz~w~r pay such r~-~ sums and expenses in one or more of d~ followin~ foflm, is s~_~___~_ by l_end~r: (n) cash; (b) money o~, (c) co, tiffed check, bank citeck, trmsurer*s check ~r cashim*'s check pmvidM any such ~ is drawn upon an tn~imtion wlme deposits are insunM by a .f~deral agency, i~tatity o~ entity; or (d) Electronic shah r~snaJn fufly effectiv~ ns if no an:elerati6n had occurred. However, thi~ fi~ht to re~nsta~ sb~dl not ,~p~y in the case of nf~p~utlon unde~ Section lB. 20. Sale of No~e; Chan~e of Loan Servtmr; Notice or GFJevance. The Note or a partial intmut in the Note (toge~.r wjth *his ~_q'~_~fity Instrumebt) can be sold one OF more times w!th~_~t prior notice to BorroweL A sale n~.ht result in a ~h~o~ i~. the entity (known ~ the 'Loan Servicer") ,~m c~__b~__. Pefiod~ Prymn~ due und~ tl~ Note nd this Security instmmem and perfonm other mm'tSqe loan st~ obli~ undm' II~ No~e, this .__q,~_~,~ty lns~dmmt, and ApplJcabl~ Law. There also m~ht be on~ oF ~,; cbanSes of the Loan Service~ unrctaled to a role of ~he Not~. If the~ is a chan~ of d~e Loan Servicer, Ik~TOWer villi be siren writbm not~. of the P~nn.o* which will ~e the nam~ and ~ of ~ r~quites in c~mec~on with a notice of trunsfe~ of se~vlcJnL If tim Note Js sold and theteafl~ ibc Loan is s~vJced by a Loan Servicer oth~ *htn th~ lnn~ser of the NoM, the moflpge loon s~ nbliptkms N~i,b.- Born:~ver nor Lender nuy connn~n~e., ~oin, or be joined to any Jndieial aclJoo (as either an individual I~ or the mnnbe~ of · class) that arises from ~he tuber pafly's actions Inn3umt to this notre ~Jvc~ in cmnpliam~ with the ra~. of Seclion 15) of such n~ed bren~ and afforded the other pafly hereto · rusonable period aftn-, the ~ of such notice to take cmm:tiv~ action. If period will be ~ to be tusonaMe for I~ of tMs para.apb. The notice of accekntJon and ~t,~unity to cBre givm to lk~rTow~ purs~nt, to Section 22 and the noficc of m:celeru~on siren to Bom~ver pummm to Section 18 shall be dees~d~ to n~_~y die notice mi oppo~-!~y to mice cor~ctive action provisions of this Sm:tion 20. 21. ~ 9ubstanem..~As umi ~ this Section 21: (a) "la-~lom SuImances* are tho~e subtances defined as toxic or hazaldom mbmnces, pollutants, or wastm by Environmental L~w and the and hett~M~__, vtMafile solvents, nntterhds .,c~_* _in~ asbestos or fomuldehyde, end radioactive nmefials; (b) "Fmvironnu~sl Law" mmm fulcrd laws md Ir.s of ~be .~rbdJction where the Pruperty is locsnd *hat ~'~' to health, safety or env~ pro6~ (c) 'Envirmunemal Clemmp' includes my ~sporme actiou, xenledinl action, or rmnov~d nctiou, nJdeflned in Environmm~td Law; and (d) an "Euvimnmcntal C. oudMon' means a condition tht can cnse, contributt m, or othnwise U4B~ n Eavironmanl ( nnup. d~dl~-S&(PA) ~ P~ Js d 'm F~efm 30~ 1/01 Borrowe~ shall not caus~ o~ pa'mit the p, _t??~e.. use. dispel., stor~, or ~ of ~y ~ Su~, or ~ ~ ~ ~y ~ ~, ~ ~ m~ ~. ~ ~1 ~ ~, ~, ~) wh~ ~ m ~v~ ~, or (c) ~, ~ to ~ ~, ~, or ~1~ ~fa ~ ~ ~ a ~ ~ M~y ~ ~ v~ of ~ ~. ~ ~mR ~ o~ ~ ~ (~ ~1 ~t lm~ to, h~.n~ m ~ ~). Lender h' tn HnvJrmmmtM Oeanup. NON-UNII~)RM COVI~qANTS. ~ mid Leudfn' ~uflher covcnsn~, and nL,~e as ~oHows: Bon. ower's bremcb or may covemmt oF q~mmnt in tbJs Security lmtrument (trot not prior to m:cdemioa tmdm' Sectima 18 unless Apl~ictble Law tm)rides etba'wise), l,mdm, stroll notify Borrower or, mnons ether _tMmSE (a) tim dehult; Fo) the sctke r~quirud to cur~ the dehult; (c) when the defimdt most be cured; and (d) thtt ,T ..ai~t~. to cure the dehult es specified may remdt Jn accdendiom or the roms seand by this Seubflty lmtrummt, foreclosure by Judidd promedb~ and ddeme d'Borrm~u' to mecdetMlom and ~re~femre. ir Ibe dehultisnotcured mmedfled. Lender ftt without rm~her dmmnd and rosy. rm'*due:~_ Seeority lmUmmmt by Jumdd preceali~, Lender dmn be entitled to cdlect oil espems . _in~qr~ h purminf the ren~ p~ in rids S~ectka 22, indudinf, but net limited to, attmleyS* rem and cern o]' title evJdmce to the extmt permitted by AMdI~Me Low. 23. Bdemm. Upon paymem of dl sums ~ecured by this Security Lusmunm~, this ami tbe.eslale conveyed II~l teunin~e and .b~ome void. After such occurrence, LendeF mid saLts~y ~his Security Inmmne~. ~ shall lay any .m~. ion com. Lcnde~ may Borrovm. a fee fo~ rflmsin~ d~$ Security . .lm~m,. t, bu~ ouly if Ihe fuc m iMdd m a thief parly for sorv~cm rtmder~ and ~ ~ of the fm is pmnimM unda- Applicable Law. defecu lu proceedinp mmfotce this SamrJty,..~m~o~., and hereby ?roves the Ixmefit of any imm~ or f-dm~ lava providins h' my of em:uflon, ~tmsio~ oF time, e~o..:.~)n from am--h,,~nt, levy ad sale, and hommeod exanp6oa. hour2S' u'd ' '.palm. to ' P~riod. I~ivowcr's ~ to ~insts~ providod ia Secfloa 19 droll the ¢-"----".),,~-.~-* of* bidding,at t sbefil~s sale or odin' hie purmmot to dlis Security BY SIGNING B.EI.OW. llorrower ~ end ~rees ~o dte terms ~ coverts co~;ir~ in this ~ecu~;y instrume~ snd in my Rider =x~cuted b~ Borrow~ and ~ozded ~ iL (Sed) (Seel) (Scel) (Se~.l) ~-OS ~-SA(PA) ~el ~1~ tsd I! Fafln ~03~ 1/~1 Ces'tiflcate or Red4mce l, thc correct address of the within-named ldortaa~e is Wituess my imnd this day of COMMO]~T~ OF PENNSYLVANIA, ~/,/'~-~_A.,~. County Ss: , before me, the I:nown to me (or satisfactorily proven) to be the pmou(s) ~ name(s) is/are su__t~_'bed to the within L*mmunmt and rJmowledsed tlmt h~/sbe/they e~,~,,,,~ ~he ~ For the purpmm benin contained. IN WTTNHSS WHEREOF, I helmmto set my hand and ofTw. ial scsi. My O.,~.~.~:~ioa Expires: Tide of Of VIc~ W ,~_ashi.gton F..o ~ ~o. Mutual Septembe~ 10, 2003 *0002518786* Phyllis T. Be. aston 221 Lin~ln Smmt Garllsle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tlds is an official notice that the mortgage on your home is in default, and the lender intends ~ ~1~. Speci~c info~ about thc nature of the default is p:ovided in the attached page~ To see if HEMAP c~ ~e~v v~. you =mst MEET WHH A CONSUMRR CREDTF COUNSELING AGENCY ~ 30 DAY~ OF THE DATE OF HOMEOWNER'S PROPERTY ADDP..ESS: Phyllis T. B~maon 221 Lin~ln Strut CarUsl~, PA 17013 53018~0794 · If your default has bee= caused by ciz~msm~es b~ond inmr comzol, · If you lmve a reasonable prospect of being able ~o pay your montage paymems, and · ff you meet other eligl"oUity ~auirtments established by th= ?emlsylvmfia Hous~g Fmauce Agency. 5301550794 ~RAkY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary s~ay of the foreclosme on your mortgage for ~ (30) da~ from the date of this Notice. During that time you ~nts! an~age and a~md a "face-to-face' m=ctlng with on~ of d~signatedoomam~coumclinga~c~cieslistedattheendofthisNoiica Thism~u~m~*oceurwithinthon~xtthlrW(30/devs. IFYOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. TH~ pART OF THIS NOTICE CALLED "HOW TO CURE YOUR. MORTGAGE DEFAULT~ EXPLAINS I-IOW TO BRn~G YOUR MORTGAGE UP TO DATE, CONS~ CREDIT COUNSBLING AGENCIES - If you attend a fnce-to-face rae~ with one of thc oonsum~ credit cotmseling a~mcie~ listed at tbe e~d of this Notice~ th~ lender may NOT take fnilher sctlon a~aiast you for thirty (30) days after th~ datc of this meetly. The name~ addressos and tele~hon~ n~mh~rs of de~im~atod ~ c~xms~]h~ a~ncies fo~ tho c, ouatv ia whic~ vo~ ~ is lo~ed ~-o ~t forthatfl~ eixlofibisNotice. It is onlyv~,essa~to schedale ouo fa~-to-facom~. Youshould advise this le~d~ iam~e&atelv of APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons ~-t fo~ch lair in ~ Notice (se~ following pagesforspeciFx:informallonaboutthe~alm'~ofyourdl~f, aul0. I£youhavctriedandar~unabletor~olvethisproblmwithth~leade~,y~l haw the figbt to apply for ~lal assistance from the Homeowners' Em~r~cy Morlgage Assistanc~ Fund. In order to do tiffs, you must fill out, sign ami file a cxxnpkt~cl ltom~wn~' F-merSey ~ Application with one of tl~ d~ig~ated ~ ~redit couasdthg age~i~ lisled at the end of ~ Alolioe. O~y ¢onsum~l' ~ cout~seling agelteie~ haw applications for the program and riley will ~sist ~ ia submiflbtg a comple~d application to tbe Pe~sylva~ia Housi~ Finame Ag~cy. You~ application MUST b~ fil~d or poslmarked withi~ thlrcy (30) days of your fa~'.-to-fa~e m~,~iag. YOU MUST ~ YOUR APPLICATION PROMPTLY. I~ YOU FAiL TO DO SO OK I~ YOU DO NOT FOLLOW THE OTI-I~R ~ PERIODS SET FORTH 1N THIS LEI'TE~ FOP, ECLOSURE MAY PROc~ AGAINST YOUR HOME IMivlEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE Dt~2~iED. AGENCY ACTION. Available fuads fax ~n~rg~cy mortgage assism~e are very l/initial. They will be disbu~[ by the Age~y under tbe oligJbility arite~ eatablished by the Acc The p~sylvania Hou~g f~ce Agency has ~ix~y (60) day~ to make a decision ~ it receiv~ y~m app~atlon. Dm, inS diat additional tirn~, no foreclosur~ proceedings wifl be pursued against you ffyou have me~ the lime requiremc~s NATUR~ OF THE DEFAULT - The MORTGAGE debt held by the abov~ [~der o~ your properly looa~d at 221 LIn~oh~ Sh-ea Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the fotlowthg monlbs and the follow~ amounts are now (~) Monthly paymen~ fi'om 07/01/2003: Co) Lato c~rge(s): (c) Ot~r charge(s): N~F & Advances (d) Less: Credti Bais~ce (e) Total ~nount required ~s of 09/09/2~03: $722.19 $.00 $.00 $85.92 $636.27 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO ~ THE DEFAULT - You may ~ ~ tlefimlt within THIRTY (30) ~ ~ the date o£ ~ leim' BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER. WHICH IS ~36.27. PLUS A.NY MORTGAGE PAYld~vrs AND LATE CHARI3F. S (and other c~es) WHICH BECOME DUE DURING THE THn~TY (30) DAY PERIOD. Paymen~ must be mada eitber by cash, csshi~'s check, oerfified oheck, er meoey ordor msd~ payable to Was~ Mutual at COLI.F.L'~ION SUPPORT MAIL STOP N01020I, 9451 COP.BIN AVENUE, NORTHRIDGE, CA 91324. I~.YOU DO NOT CUP~ THE DEFAULT - If you do not cure fl~ d~ault within THIRTY (30) days of this lc/let date, ~ha lead~ in.rids to exe~i~ its ri~ to ~ccek~to fi~ mor~a~e de~ TMs meam tl~ the e~h~ oute~ding balan~ of th/s debt will bc co~fered inunedinlely, and you may lose thc chance to pay the mo~gnge ia monthly i~m] Imedia. If full payment of th~ amount of dafauh is not made withia THIRTY (30) days of *he l~le~ dale, Wa~hiagton Mutual also imend~ to insh~ct ~ a~o~y~ to start a ]ngal action to foreclose unon IF ~ MORTGAGE IS FORECLOSE9 UPON - The molar, ed propen'y will be sold by the Shei'iff to pay off the mortgage debL If thc le~de~ ~ your case to it~ attorneys, but you cure th~ daliaquency before ibey begin legal pro~e~diags ngaiast yo~ you will have to pay the OTI41~R I I~'~DER EEMEDIES - The le~d~r may also sue you per~,oaally for the uapaid principal balance, a~l all o~her sums due under th~ Mongnge. EIGHT TO Cl.!RE ~HE DEFAULT PRIOR TO SHEEIFF'S SALE - If you have not ~aed the default within the THIRTY (30) day pagod and fo~eolo~aze proo~edLngs have begu~ you st/~l have the figbt to ~ure the Refau~t and pn~'ve~t the sal~ at any time up to one hour b~fore dg Shariff's Sale. You may do so by paying the total ammml th~ past due plus any lato charge~. ~harges th~ da~. reasonable al~meys' ~ and costs connecteA with the foreclosure sale sad any other costs connected with the SheriiPa Sale as spe~ifi~cl in writing by tha lender and by p~-formi~ any other r~quiremems um~r ~lg mortgage. Curing your defauli in the ra~mn~ set forth ia ~ No6ce will resto~ your mortgage to the sara~ po$it/o~ as If you had aev~ defaulto& ~M~,LIEST POSSIBLE SI-II~dFF'S SALE DATE - It is e~t/maled that tbe e, arlie~ dain tha~ ~u~h sh~itFs sale could be held is would be approx/matoly five (5) months from the date of this Not/oe. A not/ce of the actu~ date of/he Sheri/~s Sale w/Il be sent to you before the sale. Of¢ours~,llteamoualneededtocurcthede~'auttwillmC~eagtbelengezyouwaic You may find ou~ al any llme exa~ly what the wquirM payment or action will be by contacting tbe lender. HO~ TO CONTACT THF. Washington Mutual CO~ON SLrpPORT MAIL STOP H010201, ~451 CORBIN A3f/~VUE, NORTHRIDG~, CA 91324 800- 292-4840 KFFECT OF SHERIFF'S SALE - you should realize that a sh~ff's sale will ~md your ownen~hip of the mortgaged property and your right ocoupyi~ If you co~liaue to live in thepropartyafler ~ho sheriff's sale~ a hwsuit to ztanove you amiyour fumimr~ and othor belongings coald be stened by the le~der at imy time. ASSUMPTION OF MORTGAGE - You rosy not sell ~ Iransfer your home to a buyer or l~feree who yogi assume the mot/gage ~luireramts of the mor~gag~ ~ satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the p~pany to obtain money to pay off the mortgag~ delx, o~ bon-ov~r mouey from sno&or l~ndbtg in~imiio~ to pay off this deb~. To have this defauR cored by any ililrd party act/ng on your betlslf · Tohavethemortgage~steredto~sameposit/oa~ifnodm%titlugloccu~r~d. (Howev~r, yo~ are not ent/tled to this right more thau throe tlmes in a cal,,~a*~ ysar}. To ~ssel~ ~he nonexisteo~e oie a default th a~y foreolcsur~ pmoeeding or a~y other lawsult hlst/tuted reader ll~ mot!gage dooumeurs. To v.ss~ any c~llmr deflmse you balinve you may have to suoh act/oo by the lend~. To seek l~Ot~tion um~r the f~t~ral ba~Wy law. page four 5301880794 Washington Mutual is attempting to collect a debt, and any information obtained will be u~d for that purpose. Federal law gives you thirty days after you reeMve this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of amy judgment entered against you. 2) Provide to you, upon your written request, the name a~d address of your original creditor, if the orightal cr~ltor is different from the current creditor Unless you dispute the debt within that thirty (30) day period, we will assume that it is valid. Sh~er~ly, Wasl~n Mutual COMPANY NAME: ~.~ m~c:tm~c ~ s'~, ~2. mqcum VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated mn'~,a 22, ~o3 By Dean LaRocha Title Assr Secretary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF VS. PHYLLIS T. BEASTON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-5599 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiffand against Defendant(s) PHYLLIS T. BEASTON for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $5.30 From 06/01/2003 To 11/01/2003 Accumulated Late Charges Late Charges ($12.04 per month to 11/01/2003) Escrow Deficit 5% Attorney's Commission TOTAL $23,843.68 $969.89 $o.00 $72.23 $1,192.18 $26,077.98 **Together witb additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KR~ B~._~. ~eeonP~Ha/ll"er PA ID ~lS'7f eon P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTIC&T[ON SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF Vs. PHYLLIS T. BEASTON. DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-5599 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 1 hereby certify that on Jm~uary 20, 2004 I served the Ten Day Notice required by Pa, R.C.P. on the DeIbndant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. PHYLLIS T. BEASTON Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5599 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: January 20, 2004 TO: PHYLLIS T. BEASTON 221 LINCOLN STREET CARLISLE, PA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG~ ~1~{5N e. H~'~-~LLE ,~At'~tomV/or Plainti,f I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-5599 PHYLLIS T. BEASTON, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any ~vay which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed befbre me this ~ day 2ocay 'Notaryffublic NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Co['nm~ssion Expires Aug, 8, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2003-5599 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. C/O WASHINGTON MErTUAL BANK, FA, PLAINTIFF VS. PHYLLIS T. BEASTON, DEFENDANT(S) Total Judgment Amount $26,077.98 Interest $1,616.50 Per diem of $5.30 to sale date 9/8/2004 Late Charges $108.36 $12.04 per month to sale date 9/8/2004 Escrow Deficit $2,000.00 TOTAL WRIT $29,802.84 *Plus additional interest, late charges and other costs to date of sheriWs sale. SALE DATE: Wednesday, September 08, 2004 (PROTHONOTARY'S USE) Pltfi Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: issue Writ of Execution in the above capt__. Date: June 8, 2004 Attorney for Plaintiff 1719 Nollh Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSE'RE COMMONWEALTH OF PENNSYLVANIA (:()LINTY OF CUMBERLANI) SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description lmown as 221 LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL that certain tract of land, with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described aa followsf BOUNDED on the East by Elbow Alley; on the North by other lands now or formerly of Gloria S. Ewing; on the West by property now 'or formerly of Anna Matilda Thompson; and on the South by West Lincoln Street. SAID tract extending 14.1 feet, more or less, along said West Lincoln Street boundary, and extending in depth at an even width, 59.4 feet, more or less, to other lands now or formerly of Gloria S. Ewing, hereinbefore mentioned. HAVING THEREON ERECTED A DWELLINO KNOWN AS 22I LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Glor/a S. Ewing by deed dated 2/6/89 m~d recorded in Deed Book U-33, Page 843, grm~ted mad conveyed unto Phillis T. Beaston. TO BE SOLD AS THE PROPERTY OF PHYLLIS T. BEASTON ON JUDGMENT NO. 2003.5599 ASSESSMENT NO. 06-20-1798-201 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5599 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From PHYLLIS T. BEASTON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If proper~y of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $26,077.98 L.L. $.50 Interest PER DIEM OF $5.30 TO SALE DATE 9/8/04 -- $1,616.50 Atty's Comm % Due Prothy $1.00 Atty Paid $113.45 Other Costs LATE CHARGES $12.04 PER MONTH TO SALE DATE 9/8/04 - $108.36 --- ESCROW DEFICIT $2,000. Plaintiff Paid Date: JUNE 9, 2004 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 71%234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothono/J~ry Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-5599 PHYLLIS T. BEASTON. DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys! Purcell, Krug & Hailer, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 221 LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): PHYLLIS T. BEASTON 22I LINCOLN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Chase Manhattan Bank, USA, NA 200 White Clay Center Drive Newark, DE 1971 I Board of Commissioners of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Redevelopment Authority of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address o f every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Teoants i f m~y... DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verif~v that the statements made in this Affidavit are true and correct to the best of my personal knowledge, infomn~l!ion and belief. I understand that false statements herein afe_/ma~ubject to the penalties of 18 PA ( .S. Section 4904 relating to unsworn falsifi~tion~ Leon P. Hailer PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:June 8, 2004 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-5599 PHYLLIS T. BEASTON, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sherift~s Sale of Real Property (real estate) will be held: DATE: Wednesday, September 08, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ora statement of the measured boundaries of the property, together with a brief mention of the buildings m~d m~y other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 221 LINCOLN STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2003-5599 JUDGMENT AMOUNT $26,077.98 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: PHYLLIS T. BEASTON A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (I0) days of the date it is filed. h~fomaation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer cma advise you more specifically of these rights, If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO HND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249~3166 Legal Services, lnc 8 Irvine Row Carlisle, Permsylvania 17013 7 l 7-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the sm~e Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sherif?s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause, This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific remm date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Com't. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain tract of land, with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows:' :. BOUNDED on the ~ast by Plbow Alley; on the North by other lands now or formerly of Gloria S. ~wing; on the West by property now 'or formerly of Anna Matilda Thompson; and on the South by West Lincoln Street. SAID tract extending 14.1 feet, more or less, along said West Lincoln Street boundary, and extending in depth at an even width, 59.4 feet, more or less, to other lands now or formerly of Gloria S. Ewing, hereinbefore mentioned. HAVING THEREON ERECTED A DWELLING KNOWN AS 221 LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Gloria S. Ewing by deed dated 2/6/89 and recorded h~ Deed Book U-33, Page 843, =m-m~ted m~d conveyed unto Pb/llis T. Beaston. TO BE SOLD AS THE PROPERTY OF PHYLLIS T. BEASTON ON JUDGMENT NO. 2003-5599 ASSESSMENT NO. 06-20-1798-201 SHERIFF'S RETURN CASE NO: 2003-05599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BEASTON PHYLLIS T - REGULAR 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 BEASTON PHYLLIS T the DEFENDANT , at 2016:00 HOURS, on the 29th day of October at 221 LINCOLN STREET CARLISLE, PA 17013 by handing to PHYLLIS T BEASTON a true and attested copy of COMPLAINT - MORT FORE together with 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ day of '7~-~ ~)~0 ~ A.D. rothonotar~ ! ' So Answers: R. Thomas Kline 10/30/2003 PURCELL KRUG HALLER Deputy Sheriff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, ]NC. C/O WASHINGTON MUTUAL BANK, FA, PLAINTIFF PHYLLIS T. BEASTON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT]ON LAW NO. 2003-5599 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 7- ~ ~-0 ~/ , a tree and con'ect copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defeudants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: PHYLLIS T. BEASTON 221 LiNCOLN STREET CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Chase Manhattau Bank, USA, NA 200 White Clay Center Drive Newark, DE 1971 I Board of Commissioners of Cumberland County Cumberland County Courthouse 1 Courthottse Square Carlisle, PA 17013 Redevelopment Authority of Cumberland County Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 PURCELIz,'~RUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 1710:2 (717) 234-4178 LAW OFFICES 1719 NORTH FRONF STREET I IARRISBURG, PENNSYLVANIA 17102-5!392 TF. LEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533~3836 JOSt!PH NISSLEY (1910-1982) JOHNW PURCELL VAIERIEA GUNNOF ('OUNSEI PHYLLIS T. BEASTON 221 LINCOLN STREET CARLISLE, PA 17013 DOM EST1C RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Chase Manhattan Bank, USA, NA 200 White Clay Center Drive Newark, DE 1971 I Board of Commissioners of Cumberland County Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Redevelopment Authority of Cumberland County Cumberland County Com~thouse 1 Courthouse Squarc Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pm'suant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect yol~st, if any, by b~:~ed of said Sherif?s Sale. Leon P. Halter PA×I~.D. 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O WASHINGTON MUTUAL BANK~ FA, PLAINTIFF PItYLLIS T. BEASTON. DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2003-5599 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the SherifPs Sale of Real Property (real estate) will be: held: DATE: TIME: Wednesday, September 08, 2004 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mmnly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 221 LINCOLN STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2003-5599 JUDGMENT AMOUNT $26,077.98 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: PHYLLIS T. BEASTON A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in facl, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND ['LACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may bave legal rights to prevent your property from being taken away. A la~vyer can advise you more specifically of these rights. If you wish to exerci,se your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINI) OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, inc 8 Irvinc Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition ~vith the same Court it' you are aware of a legal defect in the obligation or the procedure used against you. 2. Atler the Sheriffs Sale yon may file a petition with the Court of Common Pleas of the within County to set aside thc sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on thc attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain tract of land, with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follow,s:' BOUNDED on the East by Elbow Alley; on the North by other lands now or formerly of Gloria S. Ewing; on the Westby property now'or formerly of Anna Matilda Thompson; and on the. South by West Lincoln Street. SAID tract extending 14.1 feet, more or less, along said West Lincoln Street boundary, and extending in dep. th at an even width, 59.4 feet, more or less, to other lands now or formerly of Gloria S. ~wing, hereinbefore mentioned. HAVING THEREON ERECTED A DWELLING KNOWN AS 221 LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Gloria S. Ewing by deed dated 2/6/89 amd recorded in Deed Book U-33, Page 843, grm~ted and conveyed unto Phillis T. Beaston. TO BE SOLD AS THE PROPERTY OF PHYLLIS T. BEASTON ,ON JIJDGMENT NO. 2003-5599 ASSESSMENT NO. 06-20-1798-201 WASHINGTON MUTUAL BANK, FA v. PHYLLIS T. BEASTON Cunrberland Couoty Sale 9/8/2004 11. S. POSTAL SERVICE CERTIFICATE OF MAILING Iln compliance with Postal Service Form 3877) geceived from: Purcell, Krug & Hailer l 719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addtessed to: PHYLLIS T. BEASTON 221 LINCOLN STREET CARLISLE, PA 17013 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (ln compliance with Postal Service Form 3877) Received ti'om: Purcell, Krug & llaller 1719 North Front Street Harrisbm'g, PA 17102 One piece of ordinary mail addressed to: Chase Manhattan Bank, USA, NA 200 White Clay Center Drive Newark, DE 19711 Postage: Posmqark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING compliance with Postal Service Form 3877) Received t¥o nl: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 ()ne piece of ordinary mail addressed to: DOMESTIC RELATIONS Cmnberland County Courthouse 13 North Hanover St~ eet Carlisle. PA 17013 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form, 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Board of Commissioners of Cumberland County Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One p~ece of ordinary mail addressed to: Redevelopment Authority of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Postage: Postmark: Real Estate Sale #47 On June 15, 2004 the sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 221 Lincoln Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 By: d0~ Real Estate Deputy Mortgage Electronic Registration Systems Inc. c/o Washington Mutual Bank FA VS Phyllis T. Beaston In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5599 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Leon P. Hailer. Sheriff's Costs: Docketing 30.00 Poundage 12.29 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Mileage 7.15 Surcharge 20.00 Postpone Sale 20.00 Law Journal 209.60 Patriot News 270.97 Share of Bills 30.49 $ 647.00 Sworn and subscribed to before me So Answers: This ,26 ~ day of A~9~ R. Thomas Kline, Sheriff Prothonotary Real Esdte Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Core~monwealthofPennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation orgainzed and existing under the laws of the Commonwealth of Pannsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) &August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations &this statement as to the time, place and character of publication are tree; and That he has personal know/edge &the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unainmously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Danphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#47 My comrmssiun expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs For publis~g ~e notice or publication a~ached hereto on ~e above stated dates 270.97 Pubhsher s Receipt for Adve~smg Cost ew e of~e Pa~ot-News ~d ~e S~y Pa~ot-News, n spape~ ofg neral receipt of~e aforesaid notice and publieafiun costs ~d ceffifies ~at ~e same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the pnblication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ILEAL F_,STATE 8ALE NO. 47 Writ No, 2003-5599 Civil Mortgage Electronic Registration Systems, Inc., c/o Washington Mutual Bank, FA VS. Phyllis T. Beaston At/5,.: Leon Haller ALL that certain tract of land, with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the East by bow Alley; on the North by other lands now or formerly of Gloria $. Ewtng; on the West by property now or formerly of Anna Matilda Thomp- son: and on the South by West Lin- coin Street. SAID tract extending 14.1 feet, more or less, along said West Lin- coln Street boundary, and extend- I ~ httafie ~oyne, l~ditor SWORN TO AND SUBSCRIBED before me this 30 .day of JULY 2004 NOTARI~/. SEAL LOIS E. SNYDER, Nota~ Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005