Loading...
HomeMy WebLinkAbout07-7256IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, vs. CIVIL DIVISION NO.: O1 - 72S(. TYPE OF PLEADING Stephen L. Marks Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 Baymeadows Way Mail Stop JAXB2007. Jacksonville FL 32256 AND THE DEFENDANT: 633 North Hanover Street Carlisle. PA 17013 CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 633 North Hanover Street, Carlisle PA 17015 Municiuality: Carlisle scot a.. iaeftetia- ATTORNEY FOR PLAINTIFF ATTY FILE NO.: FRP 94546 FILED ON BEHALF OF: Washington Mutual Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: FRP- 94546/ad Zucker, Goldberg & Ackerman, LLC FRP-94546 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 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. Zucker, Goldberg & Ackerman, LLC FRP-94546 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, CIVIL DIVISION NO.: VS. Stephen L. Marks Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FRP-94546 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, CIVIL DIVISION NO.: VS. Stephen L. Marks Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FRP-94546 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION .?^ Plaintiff, NO.: 0 '7 - ?d SL Cc.!? VS. Stephen L. Marks ; Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Washington Mutual Bank, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Washington Mutual Bank, which has its principal place of business at 7255 Baymeadows Way Jacksonville, FL 32256. 2. The Defendant, Stephen L. Marks, is an individual whose last known address is 633 North Hanover Street, Carlisle, PA 17013. 3. On or about September 30, 2003, Stephen L. Marks executed a Note in favor of Washington Mutual Bank, FA n/k/a Washington Mutual Bank in the original principal amount of $113,850.00. 4. On or about September 30, 2003, as security for payment of the aforesaid Note, Stephen L. Marks made, executed and delivered to Washington Mutual Bank, FA n/k/a Washington Mutual Bank a Mortgage in the original principal amount of $113,850.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on September 30, 2003, in Mortgage Book Volume 1838, Page 4014. A true and correct copy of said Mortgage containing a description of the Zucker, Goldberg & Ackerman, LLC FRP-94546 premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about August 15, 2007, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 108,472.54 Interest through 11/17/2007 $ 2,966.13 Attorneys' Fees $ 1,250.00 Title Search & Costs $ 2,500.00 Late Charges $ 245.36 Escrow $ 613.45 Miscellaneous $ 17.80 Pro Rata MIP/PMI $ 85.39 Total Fees $ 57.00 Total $ 116,207.67 plus interest on the principal sum ($108,472.54) from November 17, 2007, at the rate of $21.55 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $116,207.67, with interest thereon at the rate of $21.55 per diem from November 17, 2007, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FRP-94546 ZU( BY: Scot PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FRP-94546 11-26-'07 08:49 FROM-Premier Abstract T-129 P028/036 F-940 If 19 F 8LA !7 3 1 y AFTER RECORDING RETURN TO: U&S ingt= Mitual Saone, FA C/O AM ZRAW 90a<, 105TS 12691 Birth DvxW M156MM GINU ttls cRME, CA 92841 [Space Above This tine For Recording Octal PA RZAL BETA" SITTUDOW 813MC86 123436 MORTGAGE 03-6120-065934626-2 DEPINITIONS 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. Cwtaln rules regarding the usege of words used In this document are also provided in Section 16. U4 "SemNNy fnswu n W means this document. which is dated antmbes 30. 2003 , topsdier with all F1ldere to this document. 161 "borrower" is nzes<t01x t,. WIM Borrower is the moMagor under this Security Instrurrlent. am t { ?? 1C1 "Lender" is 11111=2" ± lilemal 8mk, t+A. & 19ra1- L wWw is a >1an. organized and wdeting under the laws of tom! eat at does e^f ll?eiiea_ lender's address Is: Goo =.¦t te.?n at:rat 9.fflalrtaa`s? 92240 !„ender is the mortgages under this Security Instrument. (Dj •NeW means the promissory rote signed by Borrower told dated sat_, ?+ogr 3e, 2nn3 . ibe Note stem that Borrower owes Lender S rn+++.?,.ed Thl rt.w„ Thnnund EiQ t?_ - I&Mdzw gi fty . I-Inallon Dollars-1U.S. ; , 1a , sae. so 1 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt In full not later then NmeMft2r 1. 20,x_. (0 'Property- means the property that is desorlbad below under the hearing "Transfer of Fights in the Property." Wi "Lonow means oho debt evidenced W the Note, plus interest, any prepayment charges and late chi, yom jug wni en tK6 Nate, and all sums duo vndor Chic security Inatrumnnt_ rli u% interest, MR= Page 1 or Is BX 1833PG 4014 11-26-`07 08:50 FROM-Premier Abstract T-129 P019/036 F-940 03-6120-065924626-2 IN *Mdara' moans all Mars to this Security Instrument that ens executed by Borrower. The fOM wit Riders am to be executed by Borrower (check box as applicable): D A0 Stamm 0aw ft" hider D Condone *= Alder p 1-4 family Rider nQ ft"a Felder CD Fbmmd "D"SbWftnt Rider p lliweewy Payment Rldsr D oOWN retry) Imps Hider p second acme Rider IN) 'wpp11o61e L?' means ell Controlling @Womble federal, state and local statutes, f PA"W s. adirmnese and administredw rules and orders (that have the effect of law) as well as all "Docabls Anal. non-sppaat" wow opinions. IN "CWWaYAftr Assoalalion Dim. Trees, WA A enumsnts" means all dues, fees, secesaments and other cllarge? that are unposed on Borrower or the Property by a condominium association, homeowners association or simNar Organization. Wl "Modmilo Fwak Tracer" means any transfer of funds, other then a transaction originated by check draft, or sMNlsr paper instrument, which is Initiated through an electronic terminal, telplo+k insatment, computer, or magnetic taps no as to order. instruct, or authorize a *MUM kustlbrtbn to debit or credit an account. Such term includes, but is not limited to, paint-01`sals transilers. automated teller machine transactions, transfers initlated by telephone, thrice Vansfws, and automated ch Aringhouse transfers. 1Q "liaaar Nye" wows those itefne that are described In Seddon 3. W 00oaNerf1e8ura Praoaark' means any compensstlon. settlement, award of damages, or pntessds. whether by way of Judgment, settle"wa or otherwise. paid by any third party (other demon of. paid under the coverages described in Section 6) for: (1) damage to, or Property; fig condemnation or other taking of all or any part of the Property: (DI conveyance in Ileu of condemnation; or fiv) misrepras&Vatbns of, or omissions as to. the vales andbr condition of the Property. 10 "Mierfe a heenrenas" mesna insurance protecting Lender against the nonpayment of, or defauh on. the Loan. IMP I%rbdio PwnsW means the regularly scheduled amount due for (1) principal and interest under the Nets, plus IN) any amounts under section 3 of this Security Instnonent. 10 "1111 m• meals the Real Estate Settlement Pmosdurse Act (12 U.S.C. Section 2601 st aaq.) and its implOrwWrio regulation. Ilsgulstion X (24 C.F.R. Part 3500). as they (night be amended from time to time, or any additional or successor Isglslation or regulation that governs the same subject maw. As used in this Security Instrument. "RESPA" refers to all requirements and reatrf Bone that we imposed in rpstd to s "federally related mortgage loan" even if the Loan does not qualify as a "llderaNy related mwtpage ben" under RESPA. 4M _fteoseaor in Iltsrraf of Borroww" means any ply that has taken We to the Property. whether or not that party has 'seemed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF MO TS IN THE PROPERTY This 8eourity Instrument secures to Lender. 0) the repayment of the Loan, and all renewals. ahrtensions and m"11CItions of the Note; (ii) the performance of Borrower's covenants and agreements under NO Security Instrument and the Note; and (iii) the performance of all fto 2of18 P iU03opG4oIS 11-26-`07 08:50 FROM-Premier Abstract T-129 P020/036 F-940 03-6220-065934620-2 agreements of Borrower to pay fm and charges arising out of the LON whether or not herein set forth- For this purpose, Borrower does harsby mortgage. grant and oonvey to Lander the following described property located in ?m County, PannsVtvwft M UP(# L D=01PTIM AT=M Aar D M MM A P71RT X01. which eurrerrliy be* the address of ME= (eng?.r . Pennaylvenis 37623 ("Property Address'): 1001 gap coal TOGETHER WITH all the improvements now or hereafter erected on the property, and all e¦eernents, a ppurtenenim. and fixtures now or hereafter a port of the property. All Wonm is its and additions shall also be oovared by this Security Instrument. All of the foregoing is referred to In this Security Instrument as the "Property.' WRROWEA COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and co" the Property and that the property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property agaim all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with lknksd variations by jurisdiction to owstituts a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree a follows. 1. Payment of Prigclpal. Mrtaraab 1181C 0-1 Items, Phgm4v nt Charges, end Lou Charges. Borrower shall pay when due the pdnolpal of, and interest on, the debt evidenced by the Note and any pfepayrnent charges end late charges due under the Note. Borrower shah also pay funds for Escrow fame pursuant to Section 3. hymonts due under the Note and this Security Instrument shell be made in U.S. currency. However, if any check or other instrument received by Lender se payment under the Now or this Security Instrument is returned to Lender unpaid. Lander may requke that any or Of subsequent payments due under the Note and this Security Instrument be mods In one of more of the following forms, as selected by Lender: Is) cash: (b) money order; (e) oWftd check. bank check. trsssurer's check or cashier's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agenoy, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments we desrned received by Lender when received at the loostlon designated In the Nuts or at such other Imetlon as may be designated by Lender in accordance with the notice provisions In Section .16. Lender may return any payment or partial payment if the payment or vartiol onymern are insufficient to brine the Lnan hirmnt. I andar may arr:apr any payromnr nr v' PM3or10 VI838PG4016 11-26-'07 08:50 FROM-Premier Abstract T-129 P021/036 F-940 03-6120-065934630-2 partial PaNrWnt Insuffident to bring the Loan current. without waiver of any rights hereunder or PrOMICIe to its rights to refuse such payment or partial payments in the future, but Lsndw is not °bNgated ro apply such Pali+msnttr at the time such payments are ecoeptod. If each Periodic Payment Is applied as of its eoheduled dap date, than Lender need not pay intwoet on unepplied funds. Lender may hold such ttnsppNed funds until Aonower makes payment to bring the loan current. If Borrower doss not do so within a ra3001104 period of time, Lender shall either apply au0h hands or return to Borrower. If not applied earlier, such funds WIN be applied to the Oute t8 PdrOPal WNW* under the Note Immediately prior to foreclosure. No offset or claim wrNoh Bsnower might have now or In the future agalrwt Lender shall rellove Borrower from Pall+tnsnals duo Under this Note and this Sectrity Insmanent or performing the covenants and a>?seethOrtts seonrred by this seacutty rnetrumertt. _- APPS of Payltteltls Or P?aoeede. Except as otherwise described in this Section Z, all 1181MIS q e=epted and applied by Lender shall be applied In the following order of priority: (a) intoroot due ur+den the NOW III) lWoeiavel %Lm uo*Jw the Mow: (o) amounts due under Section j. Such P&PIMI o SW be eppiled to each Periodic Payment in the order in which it became due. Any ra ft4 em UM shell be applied first to fate Chagas, second to any other amounts due WNW this 8eaxiry 10MMO ertt, and then to reduce the principal balance of the Note. If Lsrnder receives s payment from Borrower for a delinquent Periodic Payment which includes a wAllolent amom to pay any low charge due, the payment may be applied to the dsIrWJmt PiMmmt and the rata thoW. If more then one Periodic Payment is outstanding, Lender easy apply Only payment rooeived from Borrower to the repayment of the Parloelc Payments if, end 10 the Wdent thst, 006 Payment can be odd in full. To the extent that any SMOGS valets after the Psymant is applied to the full payment of one or more Periodic Payments, sush vsr mw be applied to any Isla charges due. Voluntary prepayments shag be applied flier to any prepaMontt chwgw and then a dseeribad in the Note. Any OppYaadon of Payments. insuranp orooseds, or Miscellaneous Proceeds to principal duo under this Note shall not a untd or postpone this due date. or change the amount, of The PVkHk Psymenn. S• Fyatds for E0010W Reins. Borrower ohs# pay to Lender on the day Periodic Payments are duo under dw Note, until the Note Is paid in full, s sum ;the "Funds") to provide for payment of amounts due for la) farces and asassments and otter items which can onsin priority over this Security InsVWnant am a lien or encumbranos of the Property: lb) leasehold payments or ground rents on the Progeny, if any; Ia premiums for any and all insurance required by Lender tinder Section d; pnd id) L%rtgepe Insurarnce premiums. If any, or any sums payable by Borrower to Lender In Neu of the pap nant of Mortgage Insurance premiums in accordance with the Provislone of Sactlort 10. These items are called "Escrow items.- At origination or at any Oma, during the term of the Loan. Lander may require that Community Association Dues, Fees, and ROnts, If arty, be escrowed by Borrower, and such dues, fees and assessments shall be M Est:row Item. &M)0 ww shall Promptly furnish to Lender all notices of amounts to be paid ..wiw Us SwUwo. Surhuww shell pay Lsndw the Funs for tsotow Items wM00a Umder wiNves BaroweNs obNgetion to pay the funds for any or all Escrow hems, !.ender may weive BorMWWO obligation to pay to Lander 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 shell pay directly, when and where poyabled, the amounts due for any Escrow items for which payment of Funds has been w4he;l by L,ortder and, if Leader requires, Ohsll fwnLgh to Lender rmeipt v evidencing stick papnevnt within such time period as Lender may require. Borrower's obligation to make such tn ps"40tie S-! I u38PG4017 12-26-'07 08:50 FROM-Premier Abstract T-129 P022/036 F-940 03-6120-065934628-2 payments and to pro" reoeipto shell for d purposes be deemed to be a covenant gbtd sgreatha-6 contained In this Security instrument, as the phrase 'covenant and agreement" is used in Section 9. B Borrower to obligated to pay Escrow proms directly. pursuant to a waiver. and Borrower fails to pay the amount due for an Escrow Item, Lender may exerclse Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 ,to repay to Lender any such amount. Lander may revoke the waiver as to any or AN Escrow Items at any time by a nudooe given in accordance with Section' 15 and, upon • such revocation, Borrower shall pay to tender all Funds, and in such amounts, that are then required under this Section 3. !.ender may. at any time, collm and hold Funds in an amount tat sufficient to permit Lw4e+r to apply the Funds at the time specified under RESPA, and 1b) not to oxceed tiro maximum amount a larder can require under RESPA. Fender shall estimate the amount of Funds due on the besle of current date and rasonabls sedmates of expenditures of future Escrow home or otherwise in aaoordonce with Applicable Law. The Funds shaft be held in an Institution whom deposits are Insured by a federal agermy, in mxrwi eaft. ell mrrity linrAmIno i ondar, if 1 mWow la an inatittainn whom dAm* to ern en in ured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow hems no later then the time specified under RESPA. Lender shell not charge Borrower for hoWft end applying the Furdk. annually analysing the morm aoomm, or verifying the Escrow Items, unless Lander pegs Borrower interest on the Funds and Applicable Lew parmits Lender to malts such a oharge. Unless an agreement is merle In writing or Applicable Low 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 tender can ogres in writing, however, that interest shell be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held In sorrow. as defined under RESPA, fender shed account to Borrower for the excess funds In accordance with RESPA. If them Is a shortage of Funds held in sorrow, as defined under RESPA. tender shall notify Borrower as required by RESPA, and Borrower shell pay to Lander the amount necessary to make up the shortage in sesardsnce with RESPA, but in no more then twelve monthly payments. If there Is a deficiency of Funds held in sserow, as defined under RESPA. Lander shall notify Borrower as required by RESPA, and Borrower shell pay to Lender the amount necessary to make up the deficiency In accordance with RESPA, but in no more then twelve monthly payments. Upon payment in full of ant sums secured by this Security Instrument, Lender shall promptly refund to Borrower any funds held by Lender. 4. Charges; Lien. Borrower shag pay all taxes, assessments, charges, fires, and impositions attributable to the Property which can attain priority over this Security instrument, leasehold payments or Around rents on the Property, if any, and Community Association Dues, Fees, and Amaaaeents. M any. To the extant that those items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Bon over shall promptly discharge eny lien which has priority over this Security Instrument unless borrower. (a) sprees in writing to the payment of the obligation secured by the Nan in a menrwr acceptable, to Lander, but only so long as Borrower is pwformlog such agreement; (b) contests the lion In good faith by, or defends against enforcement of the lion In, legal proceedings which in Lender's opinion operate to prevent the enforcemert of the lien while those proceedings are pending. but only until such proceadinge are concluded; or (c) secures Pop 6 of 18 991838PG4018 11-26-'07 08:51 FROM-Premier Abstract T-129 P023/036 F-940 03-6120-065834628-2 from the holder of the lien an apreetnent sadefectory to Lander subordineft the lien to this SwAwky InstnwMru. If lender determines that any pert of the Property Is subject to a lien which can stain priority aver this Sew ft lnsVmwvL Lander may plus Borrower a nodes Identifying the lien. Within 10 days of the data an which that notice is given, Borrower shall sstisfy the Men or NM one or more of the sodw eat forth above In this Section 4. Lander may require Borrower to pay a one-time charge for a real estate tax varifiaation and/oor reporting service used by Lander in connection with this Loan. S. Prepa ft I eorance. Borrower chop keep the improvornonto now oxieting or horooftor sraated on the Property tnslued agelnst loss by tire, hazards Included within the term 'extended coverage.- and any other hazards Including, but riot ro ted to, earthquakes and floods, for which Lander requires insurance. This Insurance shall be maintained in the amounts {including dada di le levelel end far the psrleds that Lander requires. What Lander requires pursuant to the praoadMq sentences am ohetge during the term of the Loan. The insurance carrier providing the k urence shall be chosen by Borrower aA4m to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lander may require Borrower to pay, in connection with this Loan, eider: (s) s on"me charge for flood zone determination, cartifioadon and tracking services; or (b) a one-time charge for flood zone determination end oartifioadon services and subsequent charges each limo an pings or similar dhanges occur which reaom ft might.offee such deterrrt wdon or certification. Borrower shall also be responsible for the paWat of any fees imposed by the Federal Emergency Management Agency in aonneaftn with the review of arty flood zone determination resulting from on objection by Bow0ver. If sertowir fails to maintain any of the coverages described above, Lender may obtain ineixares ewAwam at gander's option and Borrower's expense, Lender is under no obligation to puKhMe any pardoulw type or Strout of coverage. Lender may purchase such insurance from or thrargh any ownparw aoeapteble to Lender inoluding, without limitation, an efftllete of Dander, and Borrower saivrowledges and sgrees that Lander's 611111o ft may recehrc consideration for such purohmse. Therefom such coverage shall cover Lender, but might or might not protect Bwrower. Borrower's equity In the Property. or the contents of the Property, against any risk, hazard or Yability and might provide greater or leaser ooversge than was previously in efMct. Borrower aaktrowlerlges drat the Cott of the Insurance coverage so obtained might significantly &wood the cost of insurance that Dorrower could have obtained. Any amounts disbursed by under under this Section 5 shell beoana additional debt of Borrower secured by this Security Iromment. These amounts shall but interest at the Note rats from the date of disbursement and dell be payable, with such Interest, upon notice from Lender to Borrower requesting pall"t. All Insurenoo pokies required by Lander and renewals of such polices shall be subject to Lender's right to disapprove such polices, shall Include a standard mortgage clause. and shall name lender as mortgages and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal cortd"+ostes. If Lender requires, Borrower shall promptly give to Lender all rooeipts of peld premiums and renewal notices. if Borrower obtains any form of insworm coverage. not otherwise required by Lander, for damage to, or destruction of, the Property, such poky shall Include a standard mortgage clause and shall name Lender as mortgages wWw as an additional loss payee. Borrower hereby absoka* and irrevocably assigns to Lender all of Borrower's right, title NO interest In and to all proaveds from any Insurence poky (whether or not the Insurance polioy ZCW Pope a of 1s EX1338PG4019 11-26-'07 08:51 FROM-Premier Abstract T-129 P024/036 F-940 03-6120-069934629-2 was required by Lender! that we due, paid or payable with respect to any damage to such property, ragerdlaae of whether the Insurance policy is estebllshed before, on or after the data of this Securkv insaurnent. By absolutely and irrevocably assigning to Lander all of Borrower's rigs to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the full extent allowed by law, all of Borrower's rights to receive any and all of such insurance Bormww hereby absolutely and irrevocably assigns to Lerxlen all of Borrower's right, title and interest in and is dN my and all atdrno, prooont and fuwro, known or unknown. absolute or contingent, (b) any and all causes of action, Ic) any and all judgments and settlements (whether gxeugh Rogation. mediation, arbitration or otherwise), (d) any and *0 funds sought against or from any party or parties whosoever, and lei any and all funds received or receivable In cormandon with any damage to such property, resulting from any osuas or causes whatsoever, including but not braked to, land subsidence, landslide, windstorm, earthqueke, fire, flood or any other once. Borrower egress to execute. acknowledge if requested. and deliver to Lander. and/or upon notice from Lender shell request any Insurance agency or company that has issued any Nauranas poWy to execute and deliver to Lender, any additional instruments or documents requested by Lander from time to time to evidence Borrower's absolute and irrevocable asslonrnenta set forth In this parsgrsph. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lander. Lender may make proof of loss If not meds promptly by Borrower. Unless Lender and Borrower otherwise agree in wrfto, any insurance proceeds, whether or not the underlying insurance was requbed by larder, " be applied to restoration or repair of the Property, if the too reden or repair is economically faselels and Lender's security is not lessened. Ouring such repair and ntsoorsdon period. Lender shall have the right to hold such insurance proceeds until Lender has had an oppomuunity to inspect such Property to ensure the work has been completed to Lender's ssdefaction, provided liwt such Inspection shall be undertekon promptly. Lender may disburse proceeds for the repairs and restoration in s single payment or In a series of progress payments se the work is completed. Unless an agreement is made in writing or Applionble Law requires interest to be paid on such insurance proceeds, leader shall not be wIulred to pay Borrower any interest or sernings an such proceeds. Fan for public sd]ustars, or other third psrdese, retained by Borrower shell not be pale out of the Insurance proceeds and shall be the eats obligation of Borrower. If the reewstion or repair is not eoonwmioaily fessible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security instrument, whether or not that due, with the excess, If any, paid to Borrower. Such Insurance proceeds shall be spout In the order provided for in Section 2. If Borrower abandons the Property, Lander my file, negotiate and settle any available insurernoe 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 Lender may negotiate and settle the olsim. The 304sy period will begin when the notice is given. In either went, or If !.ender 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 Nate or this Security instrument. and (b) any other of Borrower's rights lohher then the right to any refund of unearned premiums paid by Borrower) under all Insurance policies covering the Property, insofar ss such rights are applicable to the coverage of the Property. Lander 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. =WML ar Pere 7 of 1e QYf038PG4920 11-26-`07 08:51 FROM-Premier Abstract T-129 P025/036 F-940 03-6120-065934628-2 prim el v OSC • 8otrower shag occupy, estdA4,h, and use the Pr Qon wk* SWy days after the aascutbn of this Secur Instrument and shall 6000%0 to Gem" the property as SWrawers prince resklsnta fa at feast one and shall deco of Occ y. yniess ?pnder atl?erwiee @9rW In rnp, which Qo year after the UW*aason*b wifhhsid, or unless axtanuating Circumstanceeaxlet which are beyond Borrower's 7. fteNNOW ot destroy, der"W Prwp?irty. or removeOf the dW: inspeotlom. Borrower shelf n *0 Property 10 daterb(ate or commit wqft on that any biding thereon, e V#,ethsr r Is +aNtfing N? ilw Prpperxy, aono?var ahdl m?? the w ruse Borrower is order tp prevent rho property from Amy in Rood condittim and repair in O" Ier k b daterW dehtior&ng Or ??g in value due to R9 condition. Woess 6a d** Purr a to Section 5 tat h ?OOr or restoration it not aeonomicagy ftn4ged 10 WOW betwNn further repair the property in pond and workmanlike manner if ?ft LendN WW Borrower, have the damage. right to hotel Insurance or Otherwise apr? in pna00ds. If irnurartoa or oondemnatlen proceeds are paid In oonnectlon whh damage to, o f the W*Q of, dice property. Barrowsr ehOll be aoAonsibls for repairing site g or the k Leftder ? ?Nased prooaads for such or restoring the Property only and rest hN II in s pw?es. Lem may disburse probe for the repairs ft ed. H n payment or In a SWISS Of progress payments as the work is WW "miplat the ' ?'0?? ? 8of rrowarW'e obligation we not su/fid?t to repair or restore the ?aaon. gallon for the completion of such repair or !omelet Or !ts Ogant may maim reasonable antries upon and inspections of the it has rears"" Cauca, larder may Inspect the lntwlcr of the Improvements on the Preopemrf Lendw shell li" Borrower notice at the time of or prior to such an interior inspection epecifft such "" aortsibls Cause. Lander dose not make any warranty or representation regarding have assumes no MP b for. the work dons on the and assumes right to rely in any way on any tionls) by or forte Lander or he agent. sBorr wer a# be aoWy raapartsWs for determining Mat the work is done In a good. thorough. efficient and workntarWke manner in accordance with all applicable Iowa. 60?rowsr ehail W OPPaer in and defend any action or proceeding purporting to affect the security h¦raof, the Property or the rights or powers of tender; (b) at Lender's option, assign to Lo'der. to dts extant of Lander's kit.rest, any Claims. demands, or causes of action of any kind, and any award, court Jud""ant, or Prooaeds of ere dOment of +vny such claim, demand or cause of MIS of any kind which Borrower now has or may to any inlefw! IA dw +wpulshlort or Owndfahlill of ?aPlttr oCquiM nrisirtp out of or rolatinp proaaeuts arty stash cWm. damtatd or cause of tam on. ftopmy. Wivathotender shall not have any duty to efeim, demand or cause of action thout limiting the foregoing, any such WIsktp out of or relating to any interest In the aaqulsition or owners * of the Property may inokide 10 any such Injury or damage to the AreP) o WK4UdI wit?t limit k 0Y or d er to any structure or improvement altuated thereon. (ii an aim or oau" Of action In favor of Borrower which Orb" out Of the transaction financed In whole or in part by the making of the kmn secured hereby, (ill) any claim or Cause of action in favor of 9orrower terteept for bodily htjwy) which arises as a result of env negligent or knproper ouitnlCUon. Inetallatbn or repair at the ProCWW inokNgng without limit, arty surF640 u, eubaurl. W U+ervol', or of any building or structure thereon or (iv) any proceeds of inwrance. wh maw ether or not required by bender peyabls " a result of any damage to or otherM" relating to P•si a of 1e N 10" 3 8 PG 4. 0 2 1 11-26-'07 08:52 FROM-Premier Abstract T-129 P026/036 F-940 03-6120-069934620-2 the Property or any irueraet thsrsin. Lender nay mnAy. use or release such monies so received by it in the same n mnar as provided In Parapteph B for the proceeds at insurance. S. Dorr+owars Lean Applemien. Borrower . shell be in default if, during the Loan epplia fftn process, oorrawar or any persons or srttNW acting at the direction of Borrower at with eodrewer's knowledge or Consent gave materially false, misleading. or inaccurate Information or aletements to Lender (or fabd to provide Lander with material infomfadon) In connection with the Loan. Material representations include, but are not limited to, rspraeentatio to concerning Borrower's occupancy of the Property as Borrower's principal resWernce. 9. Pi ehietf q1 of Lender's Mttsras In the Property and R #ft Under 04 dW rnstturnsat. It (a) Borrower falls to perform the covenants and soreements contained in this Severity Instrument, (b) there Is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (suoh as s proceeding in banktruptcy, probaw for condemnation or forfeiture, for enforcement of a lion which may attain pnority over thle Seourlty Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lander may do and pay for whatever is reasonable or appropriate to protect hander's interest in the Property and rights under this Security Instrument, Including protecting and/or sessoft the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not KwAnd to: la) 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 he Interest in the Property and/or rights under this Security Instrument, kw*jding its secured position In a bankruptcy proceeding. Securing the Property Includes, but is not timsted to, catering the property to make repairs, change Ica* replace or board up doors and windows, drain water from pipes, ellminaft building or other code violations or dangerous Conditions, and have ulNtles turned on or off. Although Lender may take action under this SaWon 9. Lender does not hew to do so and is not under any duty or obligatlon to d0 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 tWe 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 diebursemant and shall be payable, with such interest, upon notice from Lander to Borrower requesting payment. If this Security Instrument is an a leasehold, Borrower shall comply with all the provisions of the Mom If Borrower acquires fee tide to the Property, the leasehold and the fee title shell not merge unless Lander agrees to the merger In wri fng. 10. MerlgaYa inauratlea. If Lander required Mortgage Insurance as s condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in efdset. If, for any reason, the Mortgage Insurance coverage required by Lender oesses to be available from the mortgage insurer that previously provided such inaureno s and Borrower was requMW to make separately deelpnesed payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially egWvalent to the Mortgage Insurenee previously in exact, 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 coverage is root available, Borrower shwa 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 mr= Pogo 9 or Is SXia38PG4022 11-26-'07 08:52 FROM-Premier Abstract T-129 P027/036 F-940 03-6120-065934626-2 dews payrn.nts NO a n0w8fundabis loss reemve in lieu of Mortgage Insurance. Such loss reams "ben Und§W noNn *OtwWlnp the fact that the Loan Is ultimately paid in full, and Lender shah not bs squired to pay Borrower any interest or earnings on such less reserve. tender can no longer ro4u*1@ 1040 reserve Payments If Mortgage Insurance coverage tin the amount and for this period that Lender requires) provided by an insurer selected by Lander again becomes aw11161% is obtained, and Lender requires separately designees payments toward the Mwnir+ S for Moitoage btruranca. If Lander requited Mortgage insuranoe as a condition of melting this Loan qnd Borrower was required to make aaparatwty designated payments toward the wwok ft for Mortgage Maumm, Borrower shall pay the premiums required to maintain M0rloegs bwwW" in effsot. Or to prwAft a non-refundable loss reae?w. until Landsr's nquirament for Mortpags Lnauranea ends in sooordence with any written agrewrwnt between f comer and Lander providing for such termination or untN termination Ie nfquired by Appficable Law. MNNng in " Section 10 &%M Borrower's obllgotfon to pay interest at the rate provided In this Mote. AAortgoos Infuranca roiarbu ass Lander (or any entity that purchases the Novel for censfn MR two warws. Borrower does not repay this Loan as agreed. Borrower is not a party to the Mortgage Usurers evahran their total risk on sl1 such insurance in faros from time to d1n% aid mW ~ Imm 20rawnw is with other games that share or modify their risk, or reduce Ioswisr. Thm 00141010 1 era on terror and conditions that ere satisfactory to the mortgage k ww end this other perry fa pandas) to !bass agrownents. These agreements may require the mortgage inwmr AD meks payments u ft any source of funds that the mortgage insurer may have wdlebls 1~ may Include funds obtained from Mortgage Insurance premiums). As a ft" of Ow" sfirormw ts. Lander, wny purchaser of the Note, another insurer, any rain saver, any other entity, or any w"ate of any of the foregoing, may receive idirsoly or indirst" amounts that dsrfve from for might be characterized es) a portion of Borrower's Psymente for Mortgage insurance. In exchange for sharing or modlf*g the mortgolis insurer's risk. w reducing beast. if such agreement provider that an affillaw of Lender takes a share of the insurer's rfllt In eocchange for a chars of the premiums paid to the insurer, the arrangement is often termed "captive ralnsiraw." Further. fd Any aw* sorissalsnis wA no aMsot do am unnb that Borrower has agreed to pay for MerNme Warsaw err any sow wens of dw Loan. Such sorewnsnts will not Increase the Boinown wit owe for f1Aalplie irlwanos. and they will not weft Nonower to any =MW no" IN Any sw* agresmwris will net islfect dye riot Borrower h40 - Many - with respect to rids Mo gpp braurisnoe under tide Homeowners Fialmodon Act of 1886 or any other low. These dots m W btrkule die do * a resaise eerwin dlselosures. to request and obift osnasWon of the Ma "W betwense, to her the Mwglw boursaa termineted auemetically. and/or to raasiwe s skid of my Mwtoaoe Inewsmas pt w Chet were uersamed at die time of such o¦naeils & or tensbradon. 11. Aaaprnwt of 1011110ceM¦nsow hooaeds: Forfeiture. AlI Miscellaneous Proceeds are hereby aaaioned to and shall be paid to tender. N the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is soonomlCally feasible end !.antler's security is not lessened. During such repair and restoration period, Lender span have the tight to hold suoh Woodaneous Proceeds undl Lender has had an opportunity to inspect such Property to Pepe tool 1s ?t 1333PG4023 11-26-`07 08:52 FROM-Premier Abstract T-129 P028/036 F-940 03-6130-065934526-2 ensure the work has been complsted to Lender's eatidection, provided that such inspection shalt ba undercatcen p*mady. Lender may pay for the repake and restoration In a single dlsbu imam or in a Was of progress payments a$ the work Is completed. Unless an agreement h made in writing or Applf " Lsw requir" iflt M t4 by Sulk) nn nr rnh Mi nsotn Mrooaeds. Lender shall not be required to pay Borrower env interest or earnbnae on such ansou 1. Proceeds. If the restoration or repair Is not economically feasible or Lender's ssoudty would be Isseertedi the Mietregineous Proceeds shall be applied to the sums secured by title Security Irgtrurtrent, whether or not than due. with the excess, If any, paid to Borrower. Such Mfsce w*M Proceeds shell be applied in the order provided for in Section 2. In the avant of 0 totes W*v, destruction, or loss in value of the Property, the W91CO menus Proceeds shell be applied to the sure secured by this Security Metrument, whether or not titan due, with tl,a duoom, if any, paid to Borrower. In ft event of a partial taking, destruction. or Ion in value of the Property In which the fair market value of the Property hnn+ediatNy before the partial taking, destruction,, or loss in veers a ague! to or greeter then the amount of the sums secured by this Security Inat umem immediately before tits partial taking. destruction. or loss In value, unless Borrower and Lender odterwiae agree in writing, the sung secured by this Security Instrument shell be reduced by the amouK of the Mlscetianeous Proceeds mukipiied by the following fraction: (a) the total amount of the sums secured Inmedlately before the partial tsking, destruction, or loss in value divided by (W the fair market value of the Property immediately before the p"al taking, destruction, or loss In vNue. Any balance shall be paid to Borrower. In tits event of a partial teeing, destruction, or loss in vahm of the Property In which the fair market value of the Property immedistely before the partial taking, destruction, or loss in value is lees than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lander otherwise agree in writing, the Mlscellartsoue Proceeds shag be applied to the sums secured by this Security instrument whether or not the sums are than dus. If the Property Is abandoned by aorrower. or if, after notes by under to Borrower that the Opposing Party des debuted in the next santanes) offers to make an award to settle a claim for damages, 9orrower fails to respond to Lender within 30 days after the date the notice is glues, Lander Is autlwrized to collect and apply the Mimallanecus Proceeds either to restoration or repair of the Property or to the sums secured by this Security Inetnurnent, whether or not then duo. "Opposing Party* means the third party that owes Borrower Miscellaneous Proceeds or the Party against whore Borrower has aright of action in regard to MNeallansous Proceeds. Borrower shell be In default if any action or proceeding, whether civil or criminal, is begun that. in Lander'e judgement. could nark in forfeiture of the Property or other material impairment of Lender's interest In the Property or rights under this Security Instrument. Borrower can own such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or prooeeding to be dismissed with a ruling that, in Lender's judgement, preoludes forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under We Security instrument. Us proceeds of any award or claim for 0 meM that are attreuteble to the Impairment of Lender's Interest in the Property are hereby assigned and shell be paid to Lender. AM Miscellaneous, Proceeds that are not applied to restorstlon or repair of the Property shall be spplied in the order provided for in Section 2. PeNaww" 7721 0640 Pow 11 Or le 6XI833PG4024 11-26-'07 08:53 FROM-Premier Abstract T-129 P029/036 F-940 03-MO-065934626-2 12. >torIoww list Relsaseit IFwbwWM By Larmder Not a welver. This Security Instrument cmvwR be changed or modWW axcept as otherwise provided herein or by agreement in wwltng signed by Borrower. or any Successor in interest to Borrower and Lender. Extension of the tune for payment of modification of amortization of the sums socu by this Security knswument g wftd by Lender to Borrower or any Successor in Interest of Borrower shell not opens to reisssar the &6 ft of BonwAw or any Successor In Interest of Borrower. Lender shall not be refituked to commence proceedings spainot any Successor In Interest of Borrower or to refuse as ottond time IN payment or o0ww1sa modify em6r"l&% of dim owiuo wwwwl by Uds Beourity Instrument by meson of any demand merle by the original Borrower or any Successors in ho rest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without dmltsdon. Lender's ooceptence of payments from third persons, entities or Successors in hasraet of Borrower or In amounts leas than the amount then due, shad not be a waiver of or preolude the exerefse of any right or remedy. No waiver by Lender of any right under this Security Irmo rnent shad be of oo*e unless in writing. Waiver by Lender of any right grortod to Lander under till -Sswrky kntrunent or of any provision of this Security instrument as to any tronsecdon or ooeurrenee shall not be deemed a waiver as to any future transaction or occvrnnoe. 1S. Jolla- and Sevwel LWAty: Cc•eigresrs: Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Howwer. any Borrower who co-alone this Security Instrument but does not execute the Note to 'eo-sip or"): Ill Is co4Wft this Sawlty Instrument only to mortaage, grant and convey the 004"'1 401111x1 in ft Prtglnrry UndW the terms of this Security Instrument; (b) is not pwanaMy obligailed to pay the sums secured by this Seority Instrument; and (o) agrees that Lender and anti: other Borrower can agree td extend, modify, forbear or motto any an:comrnodetions with regard to the terms of this Seourlty Instrument or the Note without the oo-signer's Consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assimm Borrower's obligations under this Security Instrument In writing, and Is approved by Lender, shah htsh all of Borrower's rights and benefits under this Seouft Instrument. Bonowsr shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Seotrity Instrument shall bind lexcept so provided in Section 20) and bonefit the successors end assigns of Lender. 1*. Lean Chargss. Lender may charge Borrower fees for services performed in connsofm with Borrower's defauk, for the purpose of protesting Lender's interest in the Property and rights under this Security kowument, including, but not limited to, attorneys' fees, property inspecdon and valuation fees. Borrower shell pay such other charges as Lander may deem reasonable for services rendered by Lender and furnished at the request of Borreww, any Suo essor In interest to Borrower or any agent of Borrower. In regard to any other fees, the abaanoe of empress authority In this Security Instrument to charge a speoific fee to Borrower shall not be oonstued as a prohibition on the charging of such fee. Lender may not charge fees that are a verily prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a low which sets maximum loan charges, and that law Is finally kdwproted so that the interest or o0w loan charges collected or to be collected in connection wOh the Low exceed the permitted limits, then: (a) any such loan chargs shall be reduced by the amount necessary to reduce the charge to the permitted litrllt; and (b) any sums already collected from Borrower whkh exoseded permitted limits will be refunded to Borrower. Lender may choose mra Pop t2 of 1e ?,if 338P-Lion 11-26-'07 08;53 FROM-Premier Abstract T-129 P030/036 F-940 03-6120-065934628-2 to make this refund by re"rq the principal owed under the NOW or by making a direct psyment to Borrower. If s refund reduces principal, the reduction will be traetad se a pertlai prspaynwnt without any prepayment chase 1whether or not a prepayment charge is provided for under the NOW. Borrower's soceptanes of any such refund made by direct payment to Borrower will conaftfis s wehrer of any right of action Borrower might have arising out of such overcharge. 95. 4118". Ai r4"" w6wee l?y B{niumui w Lwedw Ito uwww:Ikm with this Security Vatrument must be in writing. Any notice to Borrower in connection with this Security inmuwment shall be doomed to have boas given to Borrower when mailed by first class me# or when sakNOV dslhnired to Borrower's notice address if sant by other means. Notice to any one Borrower shell constitute notlos to AN Borrowers unless Applicable Law expressly requires otherwise. The notice address shell be the Property Address unless borrower has dosignated e substitute notice address by notice to Lander. Borrower shell promptly notify Lender of Borrower's change of address. If Lander specifies a procedure for reporting Borrower's change of +ee *r o .than Boaower shall only report a change of oddroco through that opoolflod preseduro. There may be only one des onated notice address under this Seourfty instrument at any one time. Any notice m Lander alai be given by dslhrsdng k or mailing it by first duo mall to Lender's address stand herein unless Lender has dedgnated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until sctunMy received by tender. If any nodes required by this Security Instrument Is do required a ndw Applicable Law, the Applicable Lew requirement will satisfy the corresponding requirament under this Security Instrument. 16. Aoveink Law: BrAn t.- Rinse of ftme uatloa. This Security Instrumant shall be governed by federal law and the kw of the Juriodiation In which the Property Is located. All rights and ebligattone contained in this Severity instrument are subject to any requirements and imitations of Applicable Law. Applicable Law might explicitly or ir?opli0it1y allow the parties to agree by contract or it might be slant, but such silence :hail not be aonsbund as a prohibition gMnst agreement by contrset. In the event that any provision or clause of this Security Instrument or the Note eonf lm with Apltiieabb Lew, such conflict shelf not effect other provisions of this Security Instnmront or the Note which can be given effect without the corMicov provision. As used Inthis Security InsVurnent: raj words of the moscullne gander shall moon and kutkrds corresponding neuter words or words of the feminine gander; (b) words In the singular shall mean and Include the plural and vice versa; and (4) the word "may" gives Bole discretion without any obilgatlen to take any action. 17. Ysrrower's Copy. Borrower shah be given one copy of the Note and of this Security lnatnanent. 1a. Tramd r of dw Property or a 11snefbi l Intsreet in borrower. As used in this Section 18, "Interest in the Property" moons any Wool or beneficial Interest in the Property, including, but not limited to, flop beneficial interests transferred In a bond for dead, contract for dead, instaibnsnt sale contract or sserow agreement, the Intent of Which Is the transfer of title by Wo m at a A darn m n pwritlillfif. If all or any part of the Property or any interest in the Property is sold or transferred for if Borrower is not s natural person and a bwmft al Interest in Borrower Is sold or transferred! without lender's prior written oonsent, Lsndw may require immedlats payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such oxmolso is prohibited by Applicobio LAW. res. 13 or u QK1838PG4026 11-26-'07 08:53 FROM-Premier Abstract T-129 P031/036 F-940 03-6220-06393462s-2 M Under exerelm this option, Lender shell give Borrower notice of eacelaratlon. The notice shell provide a period of not lees than 30 days fratt the date the notice is gluon In socomMm with 8eadon IS vu OM wMch Borrower must pay all sums secured by this Security Instrunrsm S Borrower fob to pey these sums prior to the expiration of this period, Lander may Invoke ¦ny remedies permitted by this Security instrument without further notice or demand on Borrower. 79. Barroom a AV* to Rsinmo After Acaet ratios. If Borrower masts comin conditions. Borrower shW be" the right to have anforaetra t of this Security Instrument dleoon*huad at arry tins prior to the WAl st of: (a) five days before sale of the Property pursuant to erne power of asks contsirhed in thk Security Instrument; lb) such other period as Applicable Law might specify for the termination of Borrower's right to rainstate; or to) entry of a judgement aid sing this ssourity Inso u nsrht. Those conditions we that Borrower: tat goys Lender all sums which then would be due under this Security instrument and the Note as If no eeoslarmon had ooourred, IN our** any defauk of any other covenants or soreements; (c) pays all expenses incurred in antac ft this Seeurky katrument, including, but not limited to, reeeonable ettomeys' fear. property krlpecdon and valuation fees, and other fees incurred for the purpose of pnftotirp Lender's intarawt in the Property and rights under this Security Instrument; and Id) toles such eution as Lender 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 Seourky Irat?ument, shall continue unchanged. Lender may require that Borrower pow such relnststinusnt sums end agwmes in one or more of the following forms, as selected by Lender: lab coo; 6) money order: to) owtl(isd check. bank o n&, trsesurn's cheek or cashier's chock, provided any such check is drawn upon on institution whose deposits we Insured by a federal agency, inswumentelity or entity; or id) Electronic Funds Transfer. Upon reinststement by Borrower, dhis Security InsUument and obligations secured hereby shall remain fully effective as if no soostwedon had occurred. However, this right to reinstate shall not apply in the case of aooekrstien Lower Section 18. 20. Ads of Ir1o1e; f hmo of Lose Swviiw. Hados of Gdevenos, The Note or a partial interest in the Not:a (together with this Security Instrument) con be sold one or more times without odor notice to Rorroww. A s& might result in a chow In the entity (known as the "Loan Sovieer') that oollsom Periodic Payments due under the Mote, and this Security Instrument and performs other mortipage low 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 Serviaer, Borrower will be given written rodeo of the change which will state the name and address of the now Loan Senrlcer, the address to which pried is should be mode and any other lnf inerlon RESPA requires in connection with a nados of transfer of servicing. If the Note is sold end thweaf of the Loan is sarvk:W by a Loan Servicer other then the purchaser of the Moto. the mortgape loan servicing oblostione to Borrower will remain with the Loan Serviaar or be transferred to a successor Loan Servicer end are 'not seemed by the Netts purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lander may commerce, join, or be joined to any judicial action has eittar an Individual Utigant or the member of s class) that arises from the other perty's actions pu npuent to this seowity Instrument or that a fun that the other party has breached any provision of, or any duty owed by reason of. this Security Instrument, until such Borrower or Lender has notified the other party (with such notice gluon In compliance with the requirements Pp6 14 of i a vilf u3E°-4- 027 11-26-`07 08:53 FROM-Premier Abstract T-129 P032/036 F-940 ofd 1S1 such 03-6120-065934628.2 alleged breach and afforded the other party hereto s reasonable period after the giving of such notice to take ,ocrrogtive action. If AppNeable I" provides a time period which must elapse bebre certain action can be taken. that ti ^°ce me period will be deemed to be ?0 bur for purposes of this pwwaph. The notice of acceisrattori and opportunity to cure ven to Borrower pumusnt to Section 22 and the notice of aceeter¦d" given to Borrower pursuant to Section 113 Shall be dsemod to $ad* the notice and opportunity 10 take correct," action provlsli ne of this Section 20. 27. Ha wdadfs SU111110000a. As used In Oft Section 21: la) "Hazardous Substances" are those sub"ancea defined as toatc or hazardous substances, pollutants, or wastes b l rw'ronnWW ! Low and the following substances: gasoline, kerosene, other flammable or toxic Petrolee m P?oduots, toxic pesticides and harbloklea. volatile solvsM, aabestd* or forotaldehyd% and radios WD materiels: (b) "Environmental Lamaterials Coaining w" meant federal laws and laws of the juriadktion where the Praparty is located that relate to health, safety or W"Aromnentd protection; (c) 'Environments Cbanup" includes any response action, remedial aodon, or ranoval sodon, as defined in Envkonmentd Law,' and (d) an "Environmental Condition• mats a condition firm can COUVe, contribute to. or otherwise tripper an Environmental Cleanup. Borrower shall not came or permit the presence, use. dlepont, enrage, or release of any Haamftus Substances, or threaten to rekese any Hazardous Substances, on or in the Property. Domwsr shall not do. nor allow anyone On to do, anything effecting the Prop" viplstion of any Environmental Law. (b) which creates Condition, an Gnvironmental lei that in due to the presence, use, or release of a Hazardous SSu stanc , ones or to) which, affects the value of the ?? a condition that ad aanos, ups„ or storaaa on the Amory. The prooeding two sentences shall not apply to the generally recognized to be Property of small quantities of Hazardous Substances that are appropriate to normal residential uses and to maintenance of the Property (including, but not Emitsd m. hazardous substance in consumer produaW. Borrower shell prompgy @W Lender written notice of is) any inwa ftedon. claim, demand, lawsult or other action by any governmental or invofvhtg the property and regulatory agency' or privets party any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. IN any Environmental Condition, including but not limited to, any spitllnp, leslting. dischiarga, release or t>' ma of release Of any Hazardous Substance, and (c) any condition caused by the Presence, use. or release of a Hazardous Substance which adversely a regulatery ffects the value of the Property. If Borrower learns. or is notified by any governmental or authority. or any private party, that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary refnsdial actions in accordance with Environmental Law. Nothing hersin shall create any obligation on Lender for an Environmental Cleanup, NON-UNIFOFVW COVENANTS. Borrower and Lander further covenant and agree as follows: 22. Aoadawdm- FNmedles. Lander shall give notice to Borrower prior to acceleration following Bomowar's breach of any covenant or agreement In this Security lnat ument (but rwt Ater m 0e66111amlion molar Sudon 18 unless Applicable Law p otltarw(tel. The notice aW cep A: (al die dsfa ft (b) the sctlon rsgnirad to ours the dWmk; (e) a date, not Isse than 30 efts from the dale eta notice is skmn to Borrower. by whkh the default roust be cured: and 40 that antra to we the default at or before the date specified In the notice may result In m e e d tldnr of fife sums &soured by this Son why In¦wurmorm foreclosure by fudiclai proceeding and sale of the property. The neWce shaN further Worm borrower of the rlyht to ralnstete after .esesvw? 0- • Pees 15 of 18 UK 1838M, 028 11-26-'07 08:54 FROM-Premier Abstract T-129 P033/036 F-940 or ? a" 00 ? to ya" In the foreelon" pro 03-6120-06593462e-2 Snuft met No epuo so oeo?l *8 am-*xbtwft and broob. . K a war nowt a d t ule uft °? es ?FSN viola t firlhsr ?? LVJMadk* and Palh ft M ft v of aB @UNW $00ured by *4a ln? L«? b0 madded "%a an "M ? by an 0* 894*n,22. bolaft "Pwrofto talc In !M b. but not bvftd to, acton• s the ooea of o kho to a0n'0vjw ? for h¦e *d APPNW* 4w• a ?orwr Or Prow" fw on 7? a rowoo?a, two of me umed oucoaa " IA avou"t to dorssw?l r a" MW ?•'i& ?uReid to LWWW an = do* an 1W IRWM at a Nola, n" s Pa1?roent of all k end too ta Mured Lander s? wn" oortvayed ahall M a by Chia 8eovo lnstrumeM, this SeCurhy ?? ? " and sm* thb deour any awe void. After such o©ourmnoe tae lo WAY y 1Sormwor ..bie L a fee for ra 0rfy ter mOntt and re only if the lsoei? this Sao orM' etrOr erW?e• dorrowar, t0 the Want ? but only if the benefit of d*%M in ? ^" toe NO& ?? by APPNeable law, walvss and release any PhNnt or future lawn oroviding fo?tarr Instrum?t, and hereby waives the went, and S*, and y of e?o.ution, pension of time, aocarw zo?o„ehow per ?iod• l?rrowar•a roG,e DtioProvided n. PWapant to thint of b in Bastion 78 shall 25. ?Iwett? Mrtrumsrrt.n9 at a sherriff's We or other ale bno t ftlovow t0 "a" f my of I'D d debt secured by this Secwky inmument SecurltV lnstrument shaft be a Is 27- MM+srest Dale Aft Jr+ftmM. Oorro Purchase from ? in fiWMN che on under ft Note or in an w*r a?s that the interest rero parable after i action of the Note, rt9w foreclosure shall be the rate Payable 7 "' "i`??i see 18 of is 0 jf l u33PG4029 11-26-'07 08:54 FROM-Premier Abstract T-129 P034/036 F-940 03-6120-065996628-2 BY SIGNING BELOW. Borrower a mon and egM& to the twme and covenerm contained in tltN Security Instrument end In env Hider eooeouted by Borrower and recorded with it. f fSpeoe Below Thie Line For Aoknowiedgment) I certify that the addren of the fomg0V mortgogee Is: Lender F"resantetive/'{"itle =MW peps 17 at 1 a Date 6;t 1838PG4030 11-26-'07 08:54 FROM-Premier Abstract T-129 P035/036 F-940 03-6130-093934638-Z co??ni of r EW"4SnvAtOW& county as: day of ' before mr, t- - - the undennipnad WNW, personally aweared lawwn to m• for aetbfaotorUy Proven) to be the person Whoes nanw subscribed 10 1111110 within nnsbumant and aclmowledW tines _,et4 ` exam4ed the same for tha purpose herdn contained. W NN7 VMEMF, I hereunto set my hand and official sed. ANY C,ommiselon wWW"c now 39[? ow w"Iew pop 18 of Is VERIFICATION .. C&Llmffg1len , A vP (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: Wash' gton Mutual Bank Name: Title: Our File No: Loan No.: Borrower Name 94546 0659346282 Stephen L. Marks Zucker, Goldberg & Ackerman, LLC FRP-94546 Q?1 y M M? W V C O SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07256 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MARKS STEPHEN L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARKS STEPHEN L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFFNnANTT 633 NORTH HANOVER STREET CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. MARKS STEPHEN T, Sheriff's Costs: So answers: Docketing 18.00 - ?? Service 4.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 1 00 ZUCKER GOLDBERG ACKERMAN 01/07/2008 Sworn and Subscribed to before me this day of A.D. ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, : CIVIL DIVISION : NO.: 07-7256 vs. Stephen L. Marks, et al Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. ZUCKER, GOLDBERG & ACKERMA-N,-LLC BY: Dated: January 16, 2008 It A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 Attorneys for Plaintiff FRP-94546/bkm 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX ov -° o --? SHERIFF'S RETURN - REGULAR CASE NO: 2007-07256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS MARKS STEPHEN L TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MARKS STEPHEN L the DEFENDANT , at 1505:00 HOURS, on the 18th day of January , 2008 at 14 NORTH HANOVER STREET CARLISLE, PA 17013 STEPHEN L MARKS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.64 .00 10.00 R. Thomas Kline .00 36.64 01/22/2008 ZUCKER GOLDBERG ACKERMAN Sworn and Subscibed to before me this of By. day eputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07256 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK MARKS STEPHEN L VS TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MARKS STEPHEN L the DEFENDANT at 1505:00 HOURS, on the 18th day of January , 2008 at 14 HOSFELD ROAD CARLISLE, PA 17013 STEPHEN L MARKS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing 18.00 Service 8.64 Affidavit .00 Surcharge 10.00 00 2/67/07 C?- 3 Sworn and Subscibed to before me this of So Answers: fig: p sr ?. . xilll R. Thomas Kline 02/04/2008 ZUCKER GOLDBERG ACKERMAN By: day Deputy Sheriff , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION Plaintiff, NO.: 07-7256 VS. Stephen L. Marks ; Defendant. PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please discontinue the above captioned action without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC BY: Scott A. Dietterick' -Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Eric Santos, Esquire: PA I.D. #201493 Joel A. Ackerman, Esquire PA I.D. #202729 Attorneys for Plaintiff FRP-94546/ka 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX