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HomeMy WebLinkAbout07-7759IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, NO.: 07- 7159 Oiyi( lerM vs. NATALIE A. BROSIUS, Defendant. TO: DEFENDANT(S) YOU ARE =Y NOTIFIED TO PLEAD TO THE ENCLOSE COMPLAINT TWENTY (20) DAYS REOF r FA T JUDGMENT FROM SE VI MAY B NT A CERTIFICATE OF LOCATION I HEREBY C RTIFY THAT THE LOCATION OF THE REAL T AFFECTED BY THIS LIEN IS 801 Old Si ey'ngs R94, Mechanicsburg, PA 17055 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 A I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 350 Highland Drive Lewisville, TX 75067 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. NATALIE A. BROSIUS, Defendant. NO.. 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 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. NATALIE A. BROSIUS, Defendant. NO.. 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 redicando 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 reclamaciori 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 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, NO.: 07- 775y l.. -J e-- Plaintiff, vs. NATALIE A. BROSIUS, Defendant. CIVIL ACTION; COMPLAINT IN MORTGAGE FORECLOSURE And now comes Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, by its attorneys, James,, Smith, Dietterick & Connelly, LLP and files this Complaint in Mortgage Foreclosure as follows: The Plaintiff is Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, which has its principal place of business at 350 Highland Drive, Lewisville, Texas 75067. 2. The Defendant, Natalie A. Brosius, is an individual whose last known address is 801 Old Silver Springs Road, Mechanicsburg, Pennsylvania 17055. 3. On or about June 17, 2004, Defendant executed a Note in favor of Plaintiff in the original principal amount of $71,825.00. 4. On or about June 17, 2004, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $71,825.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 21, 2004, in Mortgage Book Volume 1870, Page 1729. A true and correct copy of said Mortgage containing a description of the mortgaged premises 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 October 31, 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. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 70,089.87 Interest through 12/26/2007 $ 3,884.14 Late Charges $ 466.03 Plaintiff Advances $ 5,013.39 Appraisal/BPO Fees $ 208.00 Property Insurance $ 747.46 Attorneys' fees $ 1,350.00 Court, Sheriff and Title Costs $ 2,500.00 TOTAL $ 84,258.89 plus interest on the principal sum ($70,089.87) from December 26, 2007, at the rate of $21.70 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 $84,258.89, with interest thereon at the rate of $21.70 per diem from December 26, 2007, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Respectfully Submitted: JAMES BY: DIETTERICK & CONNELLY LLP Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Kimberly A. Bonner, Esquire PA I.D. #89705 EXHIBIT "A" 12-12-'06 13:37 FROM- ' ER T P. g+oVOYA T-783 P14/36 U-594 ltetuny To: C14N'!n HCW XQt1ITY COMAW, I.LG P.O. Box 199500, Fn mL DOCs Da1139, TX 75219 Parcel Nu,mba 18-22-0519.00IR-tr-Cgoi 215107043 (3P- Abm Dd. Linn Far ReewdbZ Dstal MORTGAGE DEFIImnONS Words used in multiple 8mtioas of this document am de5ned below and other 3, 11, 13, 18, 20 and 21. Certain rules regarding th words are je med in boas iu Section 16, the usage of words used is this document are also provided (A) ° rlty bdstrntneat" means this dommeut, which is dated 6/17/2004 m8?r with all hiders to this docume>u ($) "Rorrower" is 140%=2 A BROSIUS AN U g,U WOMN Bcarower is the mortgagor under V* gay * Inst me t (C) "Lft dt r" D T.LC Lender is a A I mmD ZL:tTy `cwmCOMA" 13r*"8yLYAMA Single FvJT1i1Y - Fannie UmWpr ' B Use UNiFOf?t1?t WSTRUMNNT (??(PA} (OOOa) Fptn 3x.18 7ro1 P60610118 lnltlak: 13 3 '"PMpRTGA1XFo.V4 SW)U,-r281 1OKI870PG1729 12-12 06 13:37 FROM- .N I organized and existing under the lases of TEE STATZ or Deisv M Leader's address is 2828 NORTH HARNOM DALLAS TX 75201-1516 Lender is the rm"gagea under lis, Soa?naty Insuummt. (D) "Note" means the pron*smy now siped by Borrower and dated The Note stains that Borrower awes Lender T-783 P15/36 TI-594 245107043 6/17/2004 SEVENTY ONE THOUSAND EIG13T RUmv=Q Tmzxry FIV£ a 00/100 Dollars (U.S. $ 71, 925.00 ) Phts interest. Borrower has promised 1t4 pay ibis debt in Payments and to pay the debt in fill not lacer the mHular Periodic ? ?r?PWW' Means the property that is described below under the heading "Transfer of Rights to the Property.' (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment Charles and 1W Charges duo under the Notc, and all sums due trader this Szcurity Insaunaent, plus interest- (G) "hers" means all Riders to this Security hmt ument that arc executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: Adjustable Rate Rider Condominium Rider ? Second Home Rider Balloon Rider Platmed Unit Development Rider 0 1-4 Family Rider 1 VA Rider Biweekly Payment Rider [] other(s) IspMify] (H) "Applicable Law" means ail controlling applicable federal, static and local statutes, regulations, ordirmces and administrative rules and orders (that have the effect of law) as well as all applicable foal, non-appealable judicial opiniow, (I) "Community Associ4tiion Dues, Fees, and A.ssessatmis" means all charges that are imposed on Borrower or the Pro ' assessments and other ? by a condominiutz? association, homeowners association or similar organization, (J) "Electronic Funds Triinsfer" means any transfer of funds, other tban a transaction origWmed by check, draft, or similar paper instrument, which is initiated through an electrouic tnininal, telephorAic instrurmont, computer, or magoetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, end autowated clearinghouse transfers. (lf,) "Escrow Itatns" means those items that are described is Section 3. (L) "Miscellaneous Proceeds" means any eompt mijon, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described to, or destruction of, the escribed to Section S) for. (i} Property; (n) condemnation or other taking of all or any part of the Property; (tai) conveyance in lieu of coudemoation; or (iv) rnisrcprescutations of, or omissions as to, the value and/or condition of the Property. (NO the "NT` rtgage Insurance" meanns iasurarace protecting Lender against the nonpayment of, or default on, M ' Peziodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Severity Instrument -RPll) tame) ionw:: r ' a g Paga2dta F-3DU trot BK1870PC1730 12-12-'06 13;38 FROM- T-783 P16/36 U-594 M) "SPA" u7aaQS the Real Estate Settlem t PT0cCdWC3 Act ( 245107043 imPlemeating regulation, Regulation X (24 CY.R Part 33300), as they 12 2601 and U.S.C_ Section d from ct seq.) time, or Aoy additiortsi or successor tnrglrt be aq from time to legislation or reguiation that governs the same subject ttasuer. As used in tins SoC?dritY InaG'umtmt, "RESPA" refcrs to all requirerueots and mssrictions that ate "federally MOW mortgage loan" eve if the Loan does not n iWosed m regard to a under RESPA.. qualify as a fedcra11y reinted mortgage 1.. (P) "Successor in titer eat of Renewer" meaas any Pte' that has taken title tp the py0party that party has assumed Bomower's obhgations under. the ]vote and/or this Secutrt), Instrument' whether or not TRANSFER OF RIGHTS IN -11il PROPERTY This Suety Instrument secures to Ldmder: i modifications of tlrc en is and ?) the repayment of the Loan, and all renewals, exteosion8 and (ii) the performance of Borrower+s covenants and a1P'ecmeuts under this Security Instrument and the Note. For this pdrpou, Borrower does herrby mortgage Leader the following described cated in the COSY !tit and convey to of ClYrs of R-,,IW All that traet or parcel of land vn Schedule "A" ? 2l which is tine as shown INamcofR ; read sporated heroin and pads a attached hereto part hereof. wbad r currer dY has the address of Sol OW ULVBR SPZaNCs MXd1EUWjCSBUA4 [aryl, Pennsylvania 17050 [soeell Clip Code] TOLE MER WITH all the inlprovtnncnts now or h aPPitrtcnances, and atures now or Pro aRer a moafter erected on the property and an easements be covered by this $ Put of the property. AD replacements and additions drat, also ' lnent All of the foregoing is referred to gyp'" In this Sac ?Y Irrstrumem as the dft -8(PA) iooos) P14963 or is JnW8j4r , OInn 3020 1101 8,k 1870PG 173 1 12-12-'06 13;38 FROM- T-783 P17/36 U-594 2?52Q70t3 BORROWER COVENANTS that Borrower is lawfully seised of the estate h thy the tight 0 Mortgage, grant sad convey the Property and that The a conveyed and has encumbrances of record Borrower warrants and will defend Pp?' is uaencumbem?ed, except for claim ad demands subject f??EY the title In the Property against all J to are encumbrances Of record. THIS SECURITY INSTRUMENT combmes covenants with limited variations uniform covenants for D16=9 use and non-uniform by Jurisdiction to . Property conatitut, a uniform security instrument covering real UNIFORM COVENANTS. Borrower and Lender eovetsaaut and agree as follows: 1. Payment of Prlm*ak IMMM4 Escrow ? Borrower shall PAY when due the principal oi, and Jl tcrest on, the C?A' and We Chmugmx. pnFaY charges and [ate , the debt evidenced by the No charges due under the Note. Borrower shall also pay finds for Es=te w wandItemamrsy pursuant to Section 3. Payments due under the Note and this Secmfty lnsh=ent shalf be made in U.S. Sc. However, if any q:heok or other instrument received by Leader as payment under the Note or this wity bwx meat is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Securj y Iastrutncut be made in one or more of the following forms, as selected by Lender: (a) cash.; (b) money order; (c) certified check, bank ch provided any such check is drawn upon an institution whose d OSit$ treasurer's insured b ed b a cederals ?? m atnmmenU&y, of entity; or (d) Blectronic Funds Transfer. eposy a federal agency, Payramts are domed received by t.,ender when received at the location designated in the Note or at such other loeaaion as may be designated by Lender in accordance with, the notice provisions in Section 15. Lender the Loan aY return AnY'P t or partial Payment if the payment or partial payments are insufficient to bring Lender `he Loan current f any tights y hereunder accept any or pent or partial payment insufficient to bring the 1_M cart=% time thmre, but Leader is not obligated to pTsuch to its rights to refuse such payment of partial payments in ymegt is apply ch h payments at the payments are accepted. If each Periodic 1sa applied as of its scheduled due dame such funds. Lender may hold such unapplied funds until Borrower makes pr peed not pay interest on unapplied ayment to Borrower does not do so within a reasonable period of fi'e, Lender p shatl either r bring the Lomtn current If them to Borrower. If not apply such funds or return medi the Note im Bor rower; appf cd earlier, such funds will be applied to the outstanding Y ITT' to foreclosmmre. No net or claim whiff balm wader ch Borrower might have now or in the future asst Lender slmall relieve Borrower from maUmg Iastrumect or Performing the covenants and a(;recmwts secured Payments due under the Note and this Seazr4ty z• Application of PaynT?s or Pro ured by this Security Instrument. accepted and applied ceeds. Fxcept as otherwise described in this Section 2, all payments by Lender shall be applied in time following order of p6oritY: (a) interest dime wader the Note; (b) pipW duo under the Note each plc , (c) amounts due under Section 3. Such payments shall be applied to Payment in the order in which, it became due. Arty rerraainlag amounts "I be applied lust to late charges, second to any other amounts due under this S balance of the ecurity Instrument, and then to reduce the principal If Lender receives a payment txouT Borrower for a delinquent Periodic Pa suf CkUt amount to pay Bay We charge due, the payment ma be Yrncnt which includes the late charge. If more than one Periodic Pa Y Applied to the deJinquetmt paymem and ? Harrower to the ymcm is outing, Lender may apply any Payment reaeivod &M repayment of the Periodic Payments if, and to the extent that, each paytuent can be paid in ®'4(PA) (woo) ?nueis 02) Pap?d tie l8 Form 8039 t!m EW 1 U / 0t-U 1732 12-12-'06 13;38 FROM- T-783 P18/36 U-594 full. To the extent that any 245107043 Periodic P excess exists a8er 'he payment is applied to the full PflYmeat of out or more "mentr, such excess tray be applied to ally late charges applied ftrat to soy prepaytneMt due. Voluntary preWyatems shalt be charge- and ther adesa'bod in the Note- Any Npp&ation ofPaYaentg, Mat ance proceeds, or MisCellaaeous Proeeads to prirw4ia[ due under the Note shat[ not extud or postpone? the due dad,, err change the amount, of the Peiodic Payru M- 1110 3. Funds for Iiscrow Itenq. Bomower shall pay to Lender on the day Periodic Payments am due under Nato, tacos and until the Notre is paid in fug, a sum (the 'Tuads) to provide for P?aat of amounts due for: (a) assassmetm and other items which can attani paionty over Ibis Security IustrurwrIt as alien or encumbrance on the P rOPetY;(b) bold payments or gmand rents on the Property, if any: (c) pnm1hims for any and all insurance required' by Lender under Section S; and (d) Mortgage lusimmm or any sums payable by Borrower to Leader in lieu of the payment of MottBy Komi ms in accordance with the provisions of Section 10. These items are called ""Escrow e Insurance u or at in ww during the term of the Loan, Leader may i04utre that "Escrow Items," At origtpas or at any Assessmeit CotII;dlamtty Association Dues, ,Fees, and ts, if any, be escrowed by .Borrower, and such dues, tiers and assessmenu shall be an Ewrow Item. Borrower shat[ prompt furnish to Lender all mom of amounts to be paid under this Sextlou. Borrower shall pay Leader the Funds for Escrow Items unless Lender waives Borrowers ob for any or all Escrow Its=. Leader may waive Botrowee* obligation to hen to pay the Funds Escrow Items at any time. Any such waiver may only be in pay to wri In the Lender of for any or all shall pay directly, when and where payable, the awexats due f an Esmw Ileum of such waiver, leuymen, of l3cirrower Funds bas been waived by Lender and, if Leader requites, shall furnish to Len a for which pa of g der paymemt within such time period as Leader may wire. Borrower's ob ' make receipts such pay such pay tdng sued to provide receipts shall for all purposes be deemed to be; a covenant and amem ments and nstrumep,t, as the erase "cov „ is Escrow used in Section 9. If borrower is obligated to pay rna directly, pursuant to a waiver, and Bmmwer fails to pay the amount dug for an Escrow Iteril Lender may exercise its rights under Section 9 and, under Section 9 to pay such amount and Borrower shall then be obligated Rents S repay to Leander any such amount. Lender may revoke the waiver as to any or an Escrow 'my time by a notice given is aceordaate with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lander my, at any time, collect and bold Funds in azr amount the Funds at the *w specified under RBSPA, and (b) not to e(a) Ci xceed suEF' a of to pexatit Leader to apply der require under RESPA. Lender shall estimate the amount of F n& dues on the mum "nvnt a ledata cad reasonable estkuLec of expenditures of futm Escrow Items or oth Applicable data and The Funds stroll beheld in as i etovisc in accordance with Applicable Law. is IM tutioII whose deposits are insured by a federal agency? wistrumentality, or entity (including Leader, If L*Odcr us6 Loan Batik. Lender shall apply the Funds institution whose deposits arc so insured) or in any Federal Home Loan B Leader dealt not pay the FA=vw ltams no lath than the time specified under RESPA, 'Be Borrower for holding and applyiag the Fun escrow account, or mifying the Escrow It `? auenrton aaatunds the Applicable Law pew Leader to ?' unless Lander Pays Borrower °?? on the Funds and Law uires make such a charge. Unless an agreement is m4do is wridug or Applicable esat e9 mi terest to be paid on the Funds, Treader shall not be required to pay Borrower any interest or ngs On the Funds. BorrgwM and Lender estt agree is writing, howl vet, tbat interest shall be paid on the ®-6(PA) t-) P-o r d18 hiw„ -? Fowm 2939 t/Ot BK#870PG#733 12-12-`06 13,38 FROM- T-783 P19/36 U-594 Funds_ Lender shall give to Borrower, without chta 245107043 RBSPA. P, an annual acconating of the Funds as required by If there i$ a surplus of Funds held in escrow, as defined under RMA, L= dM 44 Borrower for the ea:.cess funds in a ecordence with VMpA. If there is a shortage of Ponds haW W MMw' as deemed under RESPA, Lender Shan notify Borrower as rogtured by RESPA. and Borrower shall pay to Lender the e mount necessary to make up the shortagt m wxardeaee with RESPA, but in no M 12 payments, If there is a deficiency of Funds held hi escrow, as defined under RBSPA, eat, ,shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount ntcessery to make up the deficiency ie accordance with RESPA, but in no more than 12 montddy payments. Upon payment in fu11 of all sums scoured by tbas Security Inahument, Lender shah promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens. Borrower shat! pay all taxes, asst man%, charges, Fmes, and impositions attributable to the Property which can attain priority over this SmMi In grou4d rents on the Property, if any, and Comm?Y Action Dues att'u su ehp)d if may. aym To s or mctrnt that there items are Escrow Itetrtr, Borrower shall pay them in the manner provided in Section 3. Borrower shall Promptly discharge any lieu which bas Borrower: (a) agrees in wxxrio tq the Win' ovur this Security IoSa1tlACAi ul0.less B payment of the obligation secured by the rum in a manner acceptable to Lender, but only so long as Bouowor is performing such agreement; (b) eontosts the lien in good fault by, or defends against enforccment of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the liar while those proceedings are pending, but only until such or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating than mcluded; e lien to this Security Itasa went. If Lender determines drat any part of the Property is subject to a ban which can attain priority over this Security bwrument, Leader days of the daft on which that notice is may give Borrower a notice identifying the lien. Within 10 grocer, Borrower shalt satisfy the Gear or take one or more of the actions set forth about in this Section 4. Lender may require Borrower to pay a one-time charge for a real service used by Lender in connection with this Loan, estate tax verification and/or repotting S. Property Insurance. Borrowey shall keep the improvements now existing or berea = erected on the Property insured against loss by fire, hazards included within the term "extended coo' hazards including, but not limited to, earthquakes and floods, for which Leader crdp, and any ethos insurance shall be maintained in the amounts (including deductible levels) and wires idst> hat Leader ance, requires. What Leader requires pursuant to the preceding sentences can for the periods that Lender The insurance carrier providing the insuram shall be chosen change ? the term of the Loan. ?FProre Bon-oars ? by Borrower subject to Lender's t to dMRprer to w chore which right shall not be exercised unreasonably. Lender may require Boirow pay, ommoctiou with this Loan, either: (a) a one-time cb=ge for flood zone demon, cerdfrcation and tracking services; or (b) a ono-iime charge for flood zone deterroinatlon and ceiT djon services and subsequent charges each time remapp%V or skdk changes o=r which reasonably might aff'Cct such determination or eeMficatiaL Borrower shall also be resp Bible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determittation resuhiutg front an objection by Borrower - ?(PA ?® ) ??d) Paged of to Fatter 3°3e inli On 187?3Pu It 734 12-12-'06 13;38 FRom- T-783 P20/36 U-594 245207043 Borrower u tils to maurtain coverage, If at Letul MY of the coverages described above, Lander particular type or amount of eev? Borrower's expense. Lander is under no obi obtain might or M*M ? any _ sage. Tlteaefcm, each coverage shall cover Lender, but Y protect B sad , might provide equity in the Property, or the oontdnts of the Property, agaxw any ruk hararcrrxn 4 or liability Zr=Ur or leaser ce aclmowkdgcs that the cost of the in ce coverage obtined might pgnioasly to ceM insurance that Borrower could have obtained, Any amoums disbursed ?t signil? exceed the cost of become addidnal debt of Borrower secured by this by ? unda this Sow M 5 sm hall the Note rate from the date of disbumemeant and shall bepaty Instrument. These amo?mis shalt bear i at to Borrower requesting payment payable, with such interest, upon notice from Leander All mstaaace Policies required by Lender and renewals of such policies shalt be subject to Lender's right to disapprove such policies, shelf include s standard mortgage clause, and shall name Leander as mortgagee and/or as an additional loss payee. Lceder shall have the right to hold the policies and renewal cerdfioatrs. If Lender matures, Borrower shell renewal notices. TF Borrower obtains any form ??* give to Lander all receipts of psid prenwrms and renewal to ar de Y rut of insurance coverage, not othmvise,re > struction of, the Property, such policy shall include a standard ?? by Lender, for name Lender as mortgagee and/or as an additional loss payee. mongage clause and shalt make In the event Of loss, Borrower shaft give prompt WWI to the i0mmuice carrier and Leads. Lender ma proof of loss if not mxlc promptly by Borrower. Daless Lender and Borrower o y writing, any insurance proceeds, whether or not the art therwier, shag agree in appbiad to restoration or repair of the Property, the restoration lYkg ? was ? by Lander be Lcnr¢r's sec or repair is ecorroraicAlly feasible sad hold such im„?ze proceeds anti[ Lender has had as and Eton Period, Leader shall have the tight to has been completed to Lender's sarlsf °pPornn?jty to inspect such Property to ensure the work Lender Lander niay disburse proceeds for the action, provided that such inspection shall be undertaken pro, payments as repairs and restoration iu a single may' the work is completed, Unless an ]rak or or in a series of progress interest to be paid on such . agreement is made ill writing or APpbicable Law requires unsurance proceeds, Lender shall not be required to pay Borrower an earnings on such proceeds. Fees for public adjusters, or other third panics, rataiwW Y interest be by Borrower paid out of the insmmo proceeds and shall be the sok obligation of Borrower. ratio shag not bo not economically feasible or Lepde?Borrower. If the restoration or repair is the scars secured feasible this Seca security would be lessened, the iasurattrx procoods shall be a Borrower. Such ups rity I»stromeat, whether or not then due PPS to ith Me excess, if any, paid to wraance proceeds shall be lied ` If Borrower abandons the ?' the order provided for in Section 2, and related ins Property' Lender may file, negotiate and W* any available insurance clairu hers. If Borrower does not respond within 30 days to a notice from lender theft the insuratkee carrier has offered to settle a claim, then Lender ma begun when the notice is _ Y negotiate and setae the claim. The 30-day period will otherwise, Borrower hares g" - In either event, or if Lender acquires the Property under Sections 22 or Y avetans to Lender (a) Borrower's rights to an insur not to exceed the amounts unpaid under the Note or this Se runty is y gb) Proceeds an amount rights (other than the right to any refugd of Lmeamed ?? Pad by paid by and (b) any ounder all ther of ??s policies covering the Property, insofar as such Tights are applicable to the Coverage of of the property. e insurance ren may use the insurance proceeds either to Lender Note or this Security Instrum spew or restore the Property or to pay amounts unpaid under the whether of not then due. Ck-G(PA) resent u,wds Pae,rar,s F- son tact BKI87opG 735 12-12-'06 13:39 FROM- T-783 P21136 U-594 6, Occapancy. Borrower s6a!! 245107043 within 60 days after the execudon of occupy, this ccuritysh, and use the property as Borrower's principal residence Borrower`s Principal residence for at least o ?afier and shall coagriue to oeoupy the Pmpaty as agr in wLiclk consent year after tho date of occnpanty unless Lender otherwise wri?g exist which are-beyond sb?a11 not be unreasonably wjhhekl, or unless tatrri Mft a Baarowua's controL 7. PrrservstiTto ns l4la10temrnce told Proteetko of the Property; Iuspeettons. Borrower sha11 not deY, datttage or *Sir the Property, allow the ' Whother or not Borrower is realer detrrrioafir of cormnk waste on the Propetty- mg in the PwPeirryy Borrower shall maintain the the Property from +deteriorating or docreasmg in value due to its condition. Unless in order to prav®t it is Section 5 that repair or restoration is not oconom; etermi th pursuit to damaged to avoid ,#iather detetiaratian or ? feasible, Borrower shalE promptly repair the Property if connection with dauruagc to, or the talon of damage, If insurance or coudn Proceeds are paid m ?ormg the Property only if Lender has released ?P?; ewer shall be responsible for repairing or for the ropairs and restoration in a pr*CCO& for such purposes. Corder may disburse srugle Paymcut or in a series of proceeds COMplaod• If the insurance or cone proceeds are not sufficient ?° to ? repair or r or re= store as the the pword is Borrower is not relieved of Borrowers h8?rey Lender or its on for the completion of such repair m hem may make reasonable a nuies upon sad ??? reasonable cause, Lender may inspect the interior of the tPous of the Property. if is has =Vro Borrower notice at the time of or prior to such an interior ins pection peon the property, Leader shall glue 8. Borrower's Loan A.ppbicatioD_ sP?fYing such reasonable cause. Borrower or Borrower shall be in default if, during the Loan application process, any paasona or entities acting at the direction of Bort°wer or with Borrower's iviowledge or Msaut gave rnaWialiy fad, inis,, or inaccurate information or stem to Lender (or failed to provide Lender with material irui• tp T are not lmtited ep%entations wncetntnig Br0nnn with The Ormwees occuPa q' Loan. e Property rty serltaow include, but residence_ of the Property a as Borrower's principal 9. Protection of Lender's Interest In tht Property and Rights Under tWs Itrumebt. (a) Borrower fails to Perform the covenants KW egr?rents contained in this ty ItY e tns (b) there If gat Proceeding that n4m signiScaatly affect Lender's interest in. the Property and/or rights under there is Security Instrument (such as a proceeding in and/or Nights under this enforcement of a);epi g'hlch may bankruptcy, probate, for coodermgtjpn or forfeirtuc, for attgn regulations), or (e) Borrower has abandoned over this Security Instr MCat or in riforce reasonable op", then Leader efor w tows or pay s and for whatever it InatQnRbl appropriate to protect Lcndees itrte m m the Proparty may and uding Protecting and/or ass andu under this Security Incl the Property_ Leader's actions essrig the value of the PtoPmY, and sectrirg and/or repairing car include, but are not ,limited to: (a) paying Any surus secured by a lien which has priority over this Security irrtru,aar has its interest in the ' (b) oppe8ti°g is Court; and (c) paying raasamhle morneys protect a b Property and/or rights under this ?itY Instrument, foes to in ?u ptry proceeding. Secur*9 the Property includes, but is not limited to ?$ ?? Position make repairs, change lochs, replace or board u , eritom the Pre4ni to building or other code violations or ? P dO°? and windows, drain e dangerous conditions, and have utilities water from or off. Although Leader rnaY take action under, tW Sxtion 9, Lender does not have tD do so is turned on or off. Although obligation. to do so. It is agreed that Lender incurs no liability for not talong awnY Or not all wader any du uadder this Section 9. Y ry or actions authorized ?6?PAl foooel TR"IW ' 1 L? Pig. a of is Farm 3"$ im" 736 12-12-B6 13:39 FROM- T-783 P22/36 U-594 Any vo?mrs disbursed by Lender under this Se000 4 shall become 245107043 secured by this Security lmtn== These amounts shall bear " additional debt of Borrow., disbursement and shall be Payable, with such interest, rntcrest at the Nate raft from the date o f Payment upon notice from Lender to Borrow lu g If this Security Iostrumtent is on a leasehold, Borrower sW t If Borrower acquires fee title to the Ply with all the Provisi the ader agrees to the merger in wining. Pte' the Leasehold and the fee We shall not merge e Unless Gender I0.1ttZortEttge Inctrrat7tx, I ? Lender re Borrower shall pay the Proms ce. der quired Mortgage Insurance as a condition of making the Mortgage Insurance cov?g? ?? the Mortgage Insurance is effect If, for any tE at, Previously provides suchuse required by Lender ceases to be available from the mo ten' toward the te`'`e furl Borrower was required to make s rt8age MUM M ' that Px"Wums for M gubstantial equivalent tote Moortgage ja ?rc[ower shall pay the Pre>ninm8 requrr? eddtto WkWod Payments thle? cogt to Borrower of the Mortgage Insurance P eeously in effect, at a cost substantially eyui?at tot by Lender. If substantially equivalent Mortgage pay Lender. Insurance coveNge is not available rtyro coverage ceased to ender be in effamount of the separately payments that were due when the inswer ures reuse and serve in lieu of to Lender will accept retain these 0081P I04urmwo. Such loss reserve shall be non-refund?en? as a t nding the fact an ag tbLe fka loss the Loan is ultimately paid in fall, and Lender shall not be able, wet pay unMW or n st on such loss reserve. Lender can no ,? required to pay Borrower the amount and for the ender that Lend require loss reserve Payments if Mortgage Insmanac cov m? available, t obtained, and Period that u?cr ??) provided by an insurer selected L ge (in Insurance. If Lender Leader eR separately desi Payments toward they ender again becomes requirod Mort fronted Pins ? Mort requ r y ttht aka separately design ym? toted the rhea g the Loan and o e wer was shall r??e premiums required to maintain Mo premiums for or Mortgage Insurance, Boxoss between u til Lenders requaerns?t for Mortgage I?? in eakt, or accordance to provide a non-ref ' Borrower and bender roviding e?ads in w' widablc loss Law. Nothing in this Section 1 for such termination ox until t any written ppeemem ffects Borrower's obligat:60 to ion is retroii d i the No incur if We Insurance reimburses Lender (or am eiut" pay interest at the )to provided the Note, orrower dots not repay the Loam as agreed Bor uwerer is notes the h 'Noe) for certain testes it may Mortgage insurers evaluate their total risk on all such msurno" party force the M*ne to Insurance. enter into agreements with o in force from time Y oA terons and conditions ?? parties that abate or modify their ri ante, and red agreements. These that are sattsfac to y to the mortgage insure rrand euoe?e 1?osses. These agreements are p" (or partie$) to thew mortgage ppromimu that may require the {wMortgage hich m mm° r to matte PaYtnants usin8 ROY source of funds the ivftrer may may include funds obtained from Mortg As a result of these aireetnerrts, Lender, a8e Itastttance other ratify, or any these A of , any purchaser of the Note, another inswerI any from (Or fright be 4ffihate any of tht foregoing, may roceiive d' Y 7& that riled as) a portion of Borrowa's (n ly or indirectly) voci that hange for Sharing or modify* are mortgage insurer's risk, or reducing p?? for SuCh Mortgage, amens, Insurance, n exchange affiliate of Leader t? a share of the insurer's rich in ng losses. If suer the pr paid to 45-M, the arra gB eat is oRen te[?med "MPtivc rcrosurance ' Fugrthsrr a share of the rcmiumy den thaEthe Mortgage Insurnncc greemeuta WHl not affect the awonnts that Borrower has a Borrower w or "Y other terms of the Lem A meats win not ID wed he Pay for will owe for Mortgage Insurance, and they w' eWMe Borrower t& any r efundd. ' 7 -G(PA) Fw,,, 30" t/Ot BX 16 0 FG 1737 12-12-'06 13:39 FROM- T-723 P23/36 U-591 (b) Any smelt agreemettta whit not aSeot the 245107043 MoMAV I03141 ace under the Homeowners Prottictimu>u its Aix o of f X998 1"S has - if aey - with respect to the include the or "Y other late. TLese rights may right to receive certaim disclosures, to request and obtaln ftnedlittles of the Mortgage Insurauce, to Have the Mortgage Insarttnce teripinated autIMMICallY, and/or to receives refuno fang Mortgage Insurance premiums that were uncan ed at the *W of such Cancrijawn or t d n. any 11. Assignatent of Miscellameaus proctxds, Forfeiture. All eratlAatio assigned to and shall be paid to Lender. Miscellaneous Pmcoeds are hereby If the property is damag-d, such Nfiscelhaneous Proceeds shall be applied to restoration or repair of ibe Property, if the restoration or reps is economically feasible and Lender's see such repair and tesior Mon period, Lender shall have the right to bold such r not ?Penccl. During until Lender bas had an opportunity to inspect such Property to ensure the work has bean comploted to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a sinsk disbursement or in a series of agreement is made is wrraag or Applicable Law PlYmtp as the wort; is pella completed. Unless an TeTlim tinterest to be paid on such I?+bBCellaneous proceeds, Lender shall not be required to Pay grower interest or eamnrga on such Miscellaneous Proceeds. If the Proceeds ration sorhall repair is not econondcally, feasible ble or Leader's security would be lessened, the Miscellaneous excess, be applied to the sums secured by this Security Insat»tent, whether or not then due, with the if any, paid to Borrower. Such Miscellatneaus Proooeds shall be applied in the order provided for in section 2. Im the event of a tonal thing, destruction, or loss in value of the property, the any shall be applied to the sutra secured by this Security Irtstrurb"4 whether or not thenIvtducisc,allaneous Proceeds paid to Borrower. with the excess, if In the evetrt of a partial taking, destruction, or loss in value of the Pr value of the Property iunmediataly before the partial des spiv in which the fair great e tructi r than the amount of the sums secured by this Security ?' om> or loss in value is equal to or greater destruction, or loss in value, unless Borrower and Leader otherwise ant' before the partial taking, Security Instrument shall be reduced by the amount of the 'W "n Wig' lye $ums secured by this following Fraction. (a) the total amount of the Miscellaneous Proceeds multiplied by the or loss in value divided b sums secured (b) imrsnedieoehy before the partial taking, destruction, destruction, or loss in value Any be fair tnarkd value of the Propety ItrCodiately before the partial takin, I the event i a stance shall be paid to B=Ower. g value of the partial taking, destwetioc, or loss in value of the property in whi the fair market amount of the mmediately mm before the partial taking, d etruotion, or loss in value ch is less than the Borrower and Lender ntheiatahy before the partial tskiisQ, dcmructiort, or rm seewcd erwtse agree in wr'd", the Miscellaneous Proceeds shall be applied li vim' unless If the tW Security Inshutaent whether or not the sums are thmt due. shed to the stuns Property is abandoned by Borrower, or if, after notice b Lea Party (as de;(hted in the next sentence) offers to melee an award by der to Borrower that the Opposing to respond in Leader withizi 30 days after the date the notice to settle a claim for damages, Borrower fails noaice apply the Miscellaneous Proceeds either to tt Oration Or is given, Lender it strtlnoritod ec red by and Security Imstrumftt, whether or not then due. " repair of a PTOperty or to the sums secured by this Miscellaneous Proceeds or the party against whoigm TpRrq has the third party that owes Borrower Proceeds ri& of action in regard to Miscellaneous BONO oball be in default if any action or proceeding, whether civil or cries n Lend e Pro F?ty could ,result in £orfeitura of the Properly or ether material itn Pa al, is begun that, in petty or rights under this Security Instrument Borrower maent of Lender's Wtm"t can has ocrrel, r as provided in Secinan I9, by causing the urre such a default and, if acceleration ruling that, in Leader's judgment, precludes fo n$ action or proceeding to be dismissed v4tb a rfe? of the Property or outer Material impairment of ?'B(PA) (none) 1112 m o•s• 10 d18 YlMels? Fenn 209 i/et BK 18 70FU 1738 12-12-'06 13;39 FROM- T-783 P24/36 U-594 Lender's interest is the 24SIO7043 P Y or rights under this Sxurity Instrument. The groCoeds of any award or claim for dmqes 'hat are and shah be paid to Leadarb»table the impairment of Lender's irrest is the Property are bunchy assigned All Miscellaneous Proceeds that are mot applied to reswratioA or repair of thr, Property shall be applied in the order provided for in Section 2. 12. Borrower Not Retexsed; ForbeArance By Lender Not a Waiver. Extension Payment oar Or fication of amortization of the sums secured by this Security of the time for hiatiumm granted by Lender Y Successor in Interest of Borrower- shall not any Successors in Ingest of Borrower. Lender °pQrate to release the Iiahft of Borrower or Successor in Interest of Borrower or to refuse to extend time frequbvd to or cnrnmence Proceedings aSaitrat any of the sins secured by this S pymeart or otherwise modify amortizatiop any Successors in Interest c Instrument by reason of any drulaad made by the of Bomowa. Any forbeeimwe original 0em or ? by Lender in imchrding, without limitation, Lender's ersons ea any rr S c rem Interest of Borrower or in amounts tasspt?? of payments from third persons, entities of Successors in exorcise of any right the amount then due, shall not be a waives of or Preclude tba Y or retmedy. 13. Join and Several Liability; Co-signers; Successors and Assigns Botrrrd. Borrower coveneats and agrees that Borrower's obligations and liability s Co-signs this Sec halt be joint and several, however any Borrower who Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Iusntimcat only to mortgage, grant and convey the c0-signer's iatgrest iR the Se?Y lnstrtrrrtcrxt (b) is not Peraoeally obligated to pay the sums secured tiSecurity under the trams .this (c) agrees That Lender and arty other Borrower can agree : wad eaarnum;odations with regard to the terms of this Sew ' mod' nxxlxfy > foheat or make any consent rrty Instrument or the Note without the co-signer's Subject to the provisions of Section 18, any successor in luterest of Borrower who assumes Borrower's obligations under this Security Instrument in writigg, and is approved by Lender, shalt obtain all of Borrowers rights and benefits under this see" lnsnumeat, Borrower shall not be released from Borrow cc's obligations and agreements under this Security Inetrument unless Lender agrees to such release is writing. The covenants of this Sec 20) and benefit the successors? ltrstnanemt shah bind (except provided is Section and assigns of Lender, 14. Loan Charges. Lender may charge Borrower fees for services perforated in connection with Borrower's default, for the purpose of protecting Leader's interest in the ftWarty SGcMtY Instrumment, McludM& but not L=tcd to, attorneys' fees and rights under this regard to aoy other fees, the absence of express authors PrOPerty ry in this Sett' inspect IeQC tit and valuation fees. In to Borrower shall not be construed as a to age a specific fee That are prohibition on The charging of such ;Fee. Leader may not oharge fees pressly prohibited by this Security lastrumpnt or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and.t6at law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the Permitted limits) thou: (a) any such loan charge shall be reduced by the amount noctssary to reduce the clutrsg to the permitted limit; and (b) any sums almady collected from e will be refunded in Borrower- Lender mity choose to make Borrower which ticcceded petmitted Knits the Note or by making a direct ibis refund by reducing the principal owed under treated as a Payment to Borrower. If a refund rediuCes pri rrnr apal, the ralucon will be partial prepayment without any prepayment charge (wheMer or not a Prepayment charge is provided for under the Note). Borrower's will constitute a waiver of as acceptance of any such refund made by dime payment to $orrowua Y right of action Borrower might have arising out of such Overcharge. 4D-G(PA)$) e>aq?tl of t6 1"4tfY' Fwm 3099 trot BK 1870PC,1 739 12-12-'06 13:48 FROM- T-783 P25/36 U-594 15. Netlees. All notices given by Borrower or Lender in counacdon with this Sec 245247043 be in writmg. Any notice to Borrower its talc ection with this S unity lnsttumeat must been given to Borrower who nailed by larch class lead or whe ? Instr'u?m? W" be deeoted to have addrws if seat by other means. Narita to any trmc Borrow The er actually delivered to s II.Ace Applicable Law uprdsW 81M conttitnte noticca to an 130rrower unless Othawim Borrower has dowigniftd 1L sun bts to notice WL" mess shag be the Pmpeay Adds unless nofice In Lende &h& Lender of Borrower's change of oddness. If Land., sp by o duce t Borrower Promptly notify address, then Borrower shall Only repots a Chang e of addrMs *M prcedutre for iePat+mg Borrower's change of only one desigaated notice address under this Soctutty Insntimmt aBh that specified procedure. Thae may be be siv= by detivemng it or by mailing it by first ,bass trail tp Lead any 0110 tirm ted notice to Lender shall has es address stated Any d%ipmed ae 0*w address by notice to Borrower. 'dress hen l iiIIlPSS Lender shall not be damned m have been Any notice in eon n wig aWis Seatrity Insawnprt this Sem* Insnnment is also nq Trod to Lender until 4MR11Y under A licabl received by Leader. If MAY 906= required b e Law the corrcspoudiag reguiremixt under this Securltyy 1 eut. ' the Applicable Law requirment will satisfy 16. Governing LauR; SeveraMgty, R>Uea of Coned ut tloa. This S by fe imal Jaw and the law of the jwisdictin is which the PMP ' ledDent shalt be hg dons oes conined in this Security Instrument are subject to any s. Al! ri ghts and obligati Applicable Law alight eapJioitly of impli,itly allow the ts and paurkies to agree by d? of Applicable Law% such silence shall not be construed as a prohibition against agement ugh be silcttt, but provision or clause ofthis Security instrurneapt or die Nate eotrflicts by convect' In the event that aey not acd provisions of this Securky Instrument or the Note "with Wch cApplicable n? e such but conlbictiag Prov pinyision. Wan the As used in tbis Security Ins rurnent: (a) words of the masculine corresponding neuter words air words of the feuti'iae end gender shaU mean and include include the plural and vice versa; and c g ?' (b) words in the siegulAr shall M-- and any action. () the word "maY" gives sole discaredo>a without any obl ig.4on to take 17. Borrower's Copy. Borrower shall be gives orae copy of the Note and Ms qftwity ln*=, 1s. "ratlsfer of the Property or a Benefcitti Interg6t in BarrowenoAs used in this Secti nt "l 18, ntereat in the PmP"ly" means nY legal or benefieia(;tenrtist those beneficial interests transferred in a bond for c in the property, includes, but not limited 10, agrovmcnt, rho intent of which is the' oAiract for deal, installment sales contract 4j or t Msfer of title by Borrower at a future data to a purelmer. or escrow If not a patl)r$l person. and ambaneft o mm est in the Property is sold or transffered (or if g?wcr is cones; Leader may rNWre i Crowe is sold or transferred) w,jr)yqut Lmders prior wrJtkm How mmediare payment in full of all sun's secured by ft Security 1'sttumean. ever, this option shall not be cx"cised by Lender if such If Lend, exercises this option. Lander exettase is irroht'bited by Applicable Law. Provide a peril Of trot less than 30 days shall from Jdae Borrowerr notice of tloceldtuatkmn The notice shall ufto Which Borrower must the talc pay all the notice, is given in aecordaacc with Section 15 sums Jnior to the a sums sectrrcd by this Security Insav aML If Borrower fails to Instrument without this Plod, Lender may Invoke any remedies peimiinod PSa dicsc -, Accr. by tizi5 Security 19. Borrower's Right to ?Rth demand *str Aft-, Accel on Borrower shall hay, the eration. if Borrower right to have enforcement of this S In tnc? ocrtxlm conditions, to the earliest of: (a) five days before sale of the ?'I? ?w1IMt disc??Ued at Security ZnstrL Mena; (b) such othtr eriod as A ?raus spe oify any pourer of sale contained c prior right to reinstate; or (c) entrY of a 'PPhcable Iaw might s for the teLSpIIrarioIl of in Borrower this s Borrower: (a) pays Lender a j $judgment enforcing this SectmitY IM-Ir newt. Those conditioans are That if no accel Pap l Le wens which then would be due u rider this Security Insnvmmt and owwred; (b) cures any default of any other covenants or t1ke Note as agreements; (c) Pays alI (lb -G(PA) 10006} u,itlow: _? pas. +z a 1e Fob 3W9 1101 8-K 1870PGi740 12-12-'06 13:40 FROM- T-783 P26/36 U-594 expenses fi mmed its enforci 245107043 ng this Security Imsrontrrreat, iaciudimg, but not limited to, reasonable aftorneya. fees, property inspection and valuation fees, and other Feet incsmrod for the pm, g Lmdees r stn the PMerty and rights under dug SM-11Y Instruutemr a?ad (d) Purpose uka ? o wWm as LmdQ razy lY require to assure that lsndar's interest m the Property and rights under this Seauity and Borrowepy obtigatiem m pay the sums secured by this See o*y b*trtmt shall t. forms, maelerequwc ctod by Borrower psy such reinstate gem a= and expenBes in one or more of tht: folio med. cashier's check y Lauder: (a) cash; (b) money order, (c) certified check, bank g Provided may such check is drawn upOn an inaliartion whose ewe ha by chaff or aBY. in>itiwneu Y or entity; or (d) Electronic Funds Transfer. Upon renstamment by Borrower, this Security` Insalttoent and obligations secured hereby droll remain fully effective as if no acceleration had oocrurred. however, this right to reinstate shall not apply in the case of aeealetation under Section 19. 20. Sal of Nate, Change of Lou Sere Rr; Notice of Griyevance. The Note or a parsed interest in the Note (together with this Security instrument) can be sold one or more times without prior notice to Borrower. .A. sale ntbt resuh in a change in the entity (!mown as the "Loan Servicer" due under the Note and this Security I t and )that ?nectg periodic Paymegts under the Note, this Security performs other mortgage loan servicing obligations the Loan Servicer Unrelated toa sa of the Note. If them saa change of the Loaflt Sbe one or move ervicer, Borrottr? of given written notice of the change which will state the name and ad 1 be address to which payments should be made and dress of the now Loan ecton w the any tzodce of transfer of servicing- If the Note is old and ar information RESPA requires in connection with a than the purchaser of the Now, the erea ter the Loan is serviced by a Loan Servicer other Loan eai rc or be trth N w, to at ?eagrl?? savxuag obligations to Borrower will ranmiu with the unless otb erwise provided by the Note purchaser. erv'ocr and are not assumed by the Note purchaser Neither Borrower nor Lender may commence, joie, or be joined to any ittdicial action (as either au individual litigant or the member of a class) that arises from the other Znsaumesrt or that alleges that the other pis dory a uaat to this Security remon f, this Security Instnrment; until such Borroweir or ? drbas ? Bed the ooh or any duty owed tie give an complintce with the r"iremcats of Section IS) of such alleged breach puny (? such notice gives is reasonable period after the giving of such notice to take corrective action. If ppli a ?e other patty provides hereto time e period which must elapse before certain action cats be tak Appb a deemed Law to ovides 8 nble for purposes of this paragraph, The notice of acceleration and that time ?i? will e>sred to be reasonable to Section 22 and the notice of acceleration oppottri7oity to cure given to Borrower pursuant sari the given to Borrower pursuant to Section 1S shall be darned to sfy notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substaDAn defined as toxic or hazardous substances, pollutants, or waCles by EnvirornmMlal Law and the following substances: gasoline, kerosene, other flaJmnablc or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials coruaiuing asbestos or formaldahyde, "?viroDMWW Law" mew federal laws and laws of the 1'uri rnrr radioactive ted that r (b} to health, safcfy or cnviromnental " sdietiort where fhc Property is located that relate remedial action or remo protection, (c) Environmental Cleanup" includes auy response action, val action, as defined in Environmental Law; "d (d) an "Environmental Conftoa" Means s Condition that can cause, contribute to, or otherwise trigger an Favb. ffil Cleanup. 40 (PA) RMS) Ma.e ' l Far 13 or 76 Form 3039 1101 8X 1870FG 1741 12-12-'06 13;40 FROM- T-783 P27/36 U-594 245107043 Su Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous bstances, or threaten to release any Hazardous Substances, on or is the Propmxy. Borrower shall not do, nor allow anyone else to do, anything affecting the property (a) that is in vio6dou of any Environmental Law, (b) which eremites an Bnvironmental Condition, or (c) which, due m the pramnee, use, or rdam of a H azardous Substance, c reatm a condition Mat adversely affuts the value of the Property. The preceding two StntRUM Shall Dot Substances the, am &P* to the presence, use, or storage on the Propn ly of small quntities of Hazardous Shy recognized to be spparopriate two normal residential uses and to mainseasace of the Property (including, bot not 13*W to, hazardous substsnc4m in consumer products). odd action ° A pr?pdy give Lender written notice of (a) any investigation, claim, demand, lawalit or by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Bavirontaemal Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spiWg, le"& discharge, release or threat of release of any Hazardous Substance, and (e) any condition caused by the presence, use or release of a Hazardous Substance whicb adversely affects the value of the Property. If Borrower learns, or is notified by mty governmental or regulatory authority, or any private party, that any removal or other reagediation of any Hazardous Subsmneo affachng the Property is necessary, Borrower shall promptly take all necessary remedial actions in ocoordanc a with lnvirotuuental Law. Nothing herein shall create any obligation on Lander for an natetttal Cleanup- NON-UNIFORM COVENANTS. Borrower and Leader further covenant and a&= as follows: 22. A,cceleratiou; Remedies. Lender sha8 give notice to Borrower prior to aceekxation followimg Borrower's breach of any covpuant or agreement of this Security lux&umant (but tot prior to acceieration ander Section 18 wniesa Applicable: Law provk1 a otberwhe). Lender &MR notify Borrower of, among other tbs. (a) the default; (b) the action required to core the default; (c) when the default roust be cored; and (d) that faitttre to core the default as arras secured b this d may result is ? of the by Security Instrument, foreclosure by judicial proceeding and sale of the Prop", Lender shall further Inform Borrower of the right to reinstate after ace4eratiyon and the right to assert in the foreclosure proceeding the non-ezistenee of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option any n qwm immedlate payment to full of all sums secsred by this Security Instrument without hn'ther demand and may foreclose this Security butrument by jodirlal proeadh, wgwoses hwarred in pursuing the remedtas provided In this Section 22, i?nehr h mbut iod to a»afeet all not hafted to, attoraoys' fees and coats of title evidence to the extent permitted by ,Aipplkable Law. 23. Releaw- Upon payment of all sums secured by Ibis S=uity I and the estate conveyed shall terminate and become void. After s this Seauity hsstru satisfy this Security ce, Legrdor shall discharge and for releasitsg this Security Borrower shall pay any recordation costs. Leader may d? ??? a fee 7aatrirment, but only if the fec is paid to a third party, for services rendered and the charging of the fco is perurittW under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and rchwes any error or defects in dings to enforce tbis Security Iuwuumonf and h future laws providing for stay of exocutfo hereby waives the benefit of any prait, s or homestead exemption. Ab tartensiota of time, ctcemptian )iwom attachment, levy and Bait, s 25. Reinstatement Period. BortowWs time to reinstate provided in Section 19 shall extend to one hour prior to the cOnnuencernem of bidding at a shct iWs sak or other sale p 26. Purchase Money Mortgage. If any of the debt secured ism to this Socnrity Instrument. Borrower to asquiro title to the Property, this Security Instrumcut shat bbe a S ?t is Stapt to 27. Interact Rate After J putiheay money mortgage. ontmed on the Note or in an action of mortgaBorrower flos &W be the Interest r?ate ? " payable after t judgment is the Note. parable livuu time to time undo ! 4RPA) (om) lnniais: Page 1A or t6 horn 3M 11ar BK 187OF6- ! 742 12-12-'06 13,40 FROM- T-783 P28/36 U-594 lY SIGNING BELOW, Borrower acepts and 24 201043 Security fushument and in agrees to the any Ridcr execute teams 2a4 coveaattts coastahwd in this d t'y Baerowcr and rooorded with it Wimesses: ?+.+.ia aewRlus (Seal) -Bomower _ (SCW) -Boaewer - (Seal) -Bmmwor -Borrower - (SW) -BOmOwer Page 1S n} to - (Seal) -6orm,.r - (Seat) -Boaower - (seat) -Bomower P m ioa9 1101 BB I U 7OPG 1743 12-12-06 13:41 FRoM- T-783 P29/36 U-594 Certfcate of Residm m 245107043 I, mmJA moan u the correct address of the xithim-named Mo agee is , do hereby certify that 2828 po"g > OOD. =' TX 7,5202-2516 W:itoess my baud this / X,h day of ?ttu- ?1c-auW'4 ?2 ? 1 v >WLT%.&n IWM'.La, A AEen1 of Mang" COMMONWEALTH OF FE"SYLV/)NL4%, canny u: On us, the /'7 0? day of ?J Qa? ^f 'mdessi8ped ofTtcer, persoaally appeared before me, the Nlk"Zia A MDSIos satisfactnrtty Proven) to be the prawn(s) wbose Am-(-) u/ known to me (or acknowledged t "0Wsh ?.-.subsrrc to the whbin unlcut and rJtF?ey executeQ tb a same for the Purposes hereua coutainod. IN WITNFISS WREPXOF, I hereunto set my hand and official seat. My Commlwm Expim: NDtaltaf Spat Valerie S. 5ta*wk Notary PubW HampdenI*p., Cumberland Countlyy /fit (J yL}' MY Comrnlssbn Expires Nov. 90, 200a 0""`•.+.y,. i Membu. FwrWiMm- a Association of rlotIM N 'b toll TiUc of Offcrs ,r, Y ?Q `WPA) (owe) Pepe 16 of to ---??? F- 3039 IMI BU 1870PG i 44 12-12-'06 13;41 FBOM- T-783 P30/36 U-594 ,Jch A legal description ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as awalnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. et seq. (Pardon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985 and recorded on August 14, 1985, in Miscellaneous Book Vol_ 308, page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium, dated December 31, 1985 and recorded in December 31, 1985 in the aforesaid Office at Miscellaneous Book 313, page 133, and further amended by a second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on, March 27, 1987 in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, and further amended by a Fourth Amendment to Declaration of Condominium dated November 10, 1987 and recorded on November 30, 1987 in the aforesaid office at Miscellaneous Book 343, page 368, and further amended by a Fifth Amendment to Declaration of Condominium dated April 14, 1988, and recorded on April 18, 1988 in the aforesaid office at Miscellaneous Book 348, page 868 being and designated in such Declaration, as so amended, as Unit No. 801 as more fully described in such Declaration, as so amended together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record, incl.udin limited to) those contained in the instruments recorded in thebut not aforesaid office in Miscellaneous Book Vol. 304, page 227 and Miscellaneous Book Vol. 304, page 566. Being the same premises which Christopher D. Cremo and Susan M. Cremo, husband and wife, by deed dated June 14th, 2004 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Natalie A. Prosius, Mortgagor herein. 5K 1870N i 745 0 VERIFICATION Scott A. Dietterick, Esquire hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement s Tade subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsificatioAto UiettencEsquirt, Scott PA I.D. #55650 Dated: I A4-? Q? c? 00 3 3 U? Re, SHERIFF'S RETURN - REGULAR CASE NO: 2007-07759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE LLC ET AL VS BROSIUS NATALIE A STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROSIUS NATALIE A the DEFENDANT , at 1520:00 HOURS, on the 2nd day of January , 2008 at 801 OLD SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 CHRIS BROSIUS, SON 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 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 //0C(bP 00 37.60 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/03/2008 JAMES SMITH DIETTERICK CONNELL By: &' Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, NO.: 07-7759 V. NATALIE A. BROSIUS, Defendant. PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please discontinue the above captioned action without prejudice. Submitted by: BY: PA I.D. #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JAMES, SMITH, DIETTERICK & C'1 r*a b z Co rn r--, . `J c.n x7 C a -- -y C J