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HomeMy WebLinkAbout04-1361FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 Plaintiff SCOTT H. VANCE 311 WEST MAIN STREET MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 9053I IF TH/S 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. Fi/e#: 90531 Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRiVE JACKSONVILLE, FL 322584455 The name(s) and last known address(es) of the Defendant(s) are: SCOTT H. VANCE 31 l WEST MAIN STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/01/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBEREAND County, in Mortgage Book No. 1829, Page 1371. By Assignment of Mortgage recorded 9/29/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 702, Page 1318. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 90531 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2003 through 03/30/2004 (Per Diem $28.74) Attorney's Fees Cumulative Late Charges 08/01/2003 to 03/30/2004 Cost of Suit and Title Search Subtotal $254,341.12 5,230.68 1,225.00 308.60 $ 550.00 $ 261,655.40 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 261,655.40 The attorney's fees set forth above are in confornfity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to tbe Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 261,655.40, together with interest from 03/30/2004 at the rate of $28.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMA4¥ AND PHELAN~LL? ,s ~y: /s/]/fa~fidYs 'Si Hallinan ~4 ~' v- _ FRANK FE~ERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 90531 .~,~:, P. ZIEC, LER F::'.COROER OF DEEDS . . ..... cRL~ND GOUNTY-,,. '03flU 12 fl l!10 Prepared By:TAMMY HOUGENTOGLER Re%u'nTo: AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 Pm'c~l Number: 20-23-0567-055 MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)" [ Security nstrument" means this document, which is dated AUGUST together with all Riders t~ this docun~m. (B) "Borrowe~" is SCOTT H VANCE, Adult Individual 01, 2003 Bor'cow~r~ ~emo~gagorundertlfia,~cufi~lnstrum~t. (C)"Lender"is AMERICAN HOME BANK, N.A. Leud~ a NATIONAL ASSOCIATION PENNSYLVANIA - Single I;amily - Fmm/e M~/Freddie M~ UNIFORM INSTRUMENT organized and existing under the lav~ of ~IT~ STATES OF ~ICA ~der's ~is 805 ESTE~E DRIP, SUITE 101 ~ BOX 4454 ~CASTER, PA 17604-4454 ~ is ~e ~ngag~ ~ t~s ~ ~t. (D) 'N~e" ~ me pr~ ~te sign~ by ~r ~d dat~ AU~ST 01, 2003 ~e Note ~at~ ~ ~wer ow~ ~0 ~DRED FI~-FO~ THOUS~D SEVEN ~DR~ ~D NO/100 (U.S. $ 254,700.00 Pa~ms~tepay~edeb~in~ll~lm~ SEPT~ 01, 2033 ~ "~m" ~ ~e d~ ~ldan~ by ~e Note. pl~ ~, ~y p~t c~g~ ~d [ate c~g~ ~e under ~ Note, ~ ~1 ~ d~ ~der ~ ~ [m~nt, pl~ mie~t. Riders ~ to ~ ~x~ by ~ [~k ~x ~ ~ppli~l~]: Adj~l~ R~ Rider ~ ~ RMer ~ ~ Ho~ ~d~ BMloon Ri~r ~ PI~ U~t ~lo~t Rid~ ~ 1~ F~ly Ri~r ~ VA Ri~r ~ Bi~y Pa~t ~des ~ O~s) [~i~] (fl) "Applicable Law" means all controlling applicable f~ral, state and local statutes, ragulationa, ordinancea and administrative rules and orders (that have the effect of law) as well as all applicable finsl, non-appealable judicial opinions. (1) "Community Association Dues, Fe~, ~md Assessmanlz" means ;d] dues, fec~, zasessmeu~s and oth~ charges that are imposed on Borrower or the Property by a condominium assneiafion, homeowners assueiation or similar organization. (19 "Electronic Funds Transfer" means any transfer of fi,nd% odles than a transaction originated by check, draft, or smiilar paper instrument, which is initiated through an electronic terminal, tclephoinc in.~mnmlt, computer, or magnetic tape ~ as to order, instal, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale tramfer$, automated teller machine transaction, transfers initiated by telephone, wire transfers, and autornatad ¢learinghau.~ transfers. (K) "Escrow Items" means those items that are dsscrihed in Section 3. (L) "M~scellaneous Proceeds" means any compgn.~fion, s~lealent, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Properqt; (ii) condemnation or other taking of ail or any part of the Property; (iii) conveyance in lieu of condernnation; or (iv) misrepresentations of, or omissions as r~, the value and/or condition of thc Proporty. (M) "Morlgage Insuraoec' mea~ insurance protecting Lender against the nonpayment of, or dsfault on, the Loan. (N) "Periodic Payment" meam the regnierly scheduled amount due for (i) principal and interest under the Note, plus (ii)any amounts under Section 3 of this Security Instrument. ~'~(PAIIO0O~, V034 ~a~,zo{,6 LOAN IDTM'~2101 Form3039 1/01 BKI829P61372 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R+ Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, 'RESPA" refers to all requirements and restrictions that are imposed in regard to a 'federally related mortgage loan' even if the Loan does not qualify as a 'federally related mortgage loan" under RESPA. (P) "Su~ess~ in Interest of Borrowec" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security lnstrttment. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the. repayment of th.e Loan, and all renewals, extensions and modifications of the Note; and 0i) the performam~ of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COIINTY [Type ofRccordi~ Iurisdlcfionl of CUI~B ERLAND [Name of Record/~ Jurisdiction]: SEE ATTACHED LEGAL DESCRIPTION w~chcurrenflyhastheaddressof 311 WEST MAIN STREET HECHAIqlCSBURG ("Property Address"): [S~eet] [C~I, Permsylvauia 17055 [~p Code] TOGETHER WITH all the improvt~nanta now or herealter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replaenm~ts an~ additions shall al~o be covered by thi~ Security Inamarnent. All of the foregoing is referred to in this Senttrity Instrument aa the 'Property.' ID: 000004.2101 ~:o~m~O~ mlOl HK{ 829P61373 BORROWER COVENANTS that Borrower is lawfully seised of the e~ate hereby conveyed and ~ the right to moi~gage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Bo~'rower warrants and will defend geuerally the title to the Property ngai~t all claims and demands, subject to any encumbrances of reaerd. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covc'~ring real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. P~yment of Principal, lutm~'t, Escrow Items, Prepayment Charges, nnd Late Charges. Borrower shall pay when due th~ principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and lifts Security Instrmne~t shall be nuule in U.S. currency. However, if any check or otbet instrument received by Lender as payment under the Note or this Security Instrument is temmed to L~gler unpaid, Lender may r~luim fl~ any or all subsequent payments due under the Note and this Sectn'ity Inset be made in one or mom of the following forms, as selected by Leoder: (a) cash; (b) mono order; (¢) certified check, bank check, treasurer's check or cashier's check, provided any snc~ check is drawn upon an institution whose deposits are insured by a federal agency, instmmcotulity, or entity; or (d) Electronic Funds Transfer. Payments are deemed r~ived by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any paymant or paniai payment if the payment or partial payments am insufficient to bring the Loan con~.nt. Lender may accept any payment or partial payment insufficient to bring the Loan currem, without waiver of any rights betenndet or prejudice to its rights to refuse such payraeot or partial payments in ~ future, but Lender is not obligated to apply such payments at the time s~ch payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower doas not do su within a reasonable period of time, Lender shall eith. e~ apply such funds or return them to Borrower. lfunt applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this S~curity Instrument. 2, Application or Payments or Proceeds. Exc. ep~ as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; Co) principal due under the Note; (¢) amounts due under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late ch,trges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficleut amount to pay any late charge due, fl~e payment may be applied to the delinquent payment and the late charge. If mare than one Periodic Payment is unlstsuding, Lender may apply any payment received from Borrower to the mpaymcot of the Periodic Payments if, and to the extant that, each payment can be O~(PAIIO0°*I V048 ~4~ ~OA~I ID: 0000042101 Fon~303~ 1101 BKI829PGI374 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayraents shall be applied first to any prepaym~t charge~ and them as de~fibed in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for F~row lt~m~. Bon'ower shall pay to Lender on the day Periodic Payments ate due under the Note, until the Note is paid in full, a sum (the 'Fronds') to provide for payment of amounts due for: (a) taxes and assussme~ts and other items which can atlain priority over this Security Instroment as a lien or encumbrance on the Property; (b) leasehold paymmts or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage lmorance pre~inms, if any, or any sums payable by Borrower to lender in lien of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'E.~row Items.* At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and As~meots, if any, be escrowed by Borrower, and such dues, fees and assessmants shall be an Escrow Item. Borrower shall pron~otly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unl~ Lender v,~aives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all F.$erow Items at any time. Any such waiver may only be in writing, in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to l.~Aer receipts evidencing such payracnt within such time period as ~ may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phra~ 'covenant and agreemem# ia used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount dne for an Escrow Item, Lender may exercise its rights under Section 9 and pay such araunnt and Borrower shall then be obligated under ,%etlon 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 arid, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are than required under this Section 3. Lender may, at any time, collect ara:l hold Funds in an amount (a) sufficient to permit Lender to apply the l~unds at the thne $1~cified under RESPA, and Co) net to exceed the maximum amount a lender can require under RESPA. Lender shall e~timate the amount of Funds due un the basis of current data and reasonable ustimates of expenditures of future Escrow Items or otherwise in accom~ance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an iustitotion whose dapusit~ are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the e~row account, or verifying the Escrow Items, unless Lender pays Borrower ieterest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agroem~t is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be req~red to pay Borrower any interest or earnings on th= Funds. Borrower and Lender can agree in wr~in~/bewever, that interest BI( 1829PG 1375 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accouniing of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessu~ to make up the shortage in accordance with RESPA, but in no more than 12 monlhly payments. If there is a deficiency of Funds held in esurow, as defined under RESPA, Lender shall notify Borrower as ~luired by RESPA. and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrunamt, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Clmrges; Liens. Borrower shall pay all taxes, asseesmenm, charges, fines, and impositions attributable to the Properly which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessuianls, if any. To · e ex~nt that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lieo which has priority over this Security Instrument unless Borrower: (a) agrees in writing ~o the payment of ~ obligation secured by the lien in a manner acceptable to Lender, but only so long as Bon'ower is performing such agreement; (b) contests the lien in good faith by. or defends against enforceme~ of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are ennchided; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deremfinas that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the dam un which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. $. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by frae, hazards included wiff~in the term 'extended coverage,' and any other hazards including, but not limited to, ea.~hqcakes and floods, for which Lender requires insurance. This insurance shall he maimaiued ia the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing ~&e insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not he exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a ono-time charge for flood zone determination, cextification and tracking services; or Co) a one-thue charge for flood zone dexermination ami certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall aisu he responsible for the payment of any fees imposed by the Federal F. mergeucy Management Agency in enrmection with the review of any flood zone determination resulting from an objection by Borrower. ~-~PA! ~om V062 LOAN ID: 0000042101 Foem3039 1/0~ BKI829PGI376 6. Oecupoacy. Borrower shall occupy, establish, and ug the Prolgn'y as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principai resideuee for at least cnn year after the date of occupancy, unleas Lender otherwise agrees in writing, which consent shall not be um'easonably withheld, or unless extenoafing circums~.ces exist which are beyond Borrower's control. 7. lYesefvation, Malntcoance and Protection of the Prope~y; Inspections. Borrower shai! not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Propeffy. Whether or not Borrower is residing in the Property, Borrower shall maintain the Prupetxy in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section $ that repair or restoration is not economically feasible, Borrower shail promptly repair the Propet~y if damaged to avoid fuffber dexerioratioo or damage. If insuranco or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shail be responsible for repairing or r~toring thc Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is conkuleted. If the inanrmz:e or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may ma~e reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect tha interior of the improvements on the PrupexW. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with n~terial information) in connection with the Loan. Material representstlons include, but are nc~ limited to, representations concerning Borrower's occupancy of thc Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security lnstrmnent. If (a) Borrower fails to perform the covenants and agreements contained in chis Security Instnnnent, (b) there is a legal proceeding fi.at might significantly affect Lender's interest in th~ Property and/or righis under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over chis Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property~ then Lcuder may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Prope~y and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying a~y sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying res.sortable attorneys' fees to protect its interest in the Property and/or fights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, Out is not limited to, entering the Property to make repairs, change locks, replace or boav~ up doors and windows, drain water from pipes, eliminate building or other code violationS or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender doe~ not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no ilability fo?~nn! taking any or ail actions authorized under this Section 9. O~{e~'ll°°°8~ V076 p~0, a~,~ LOAN ID: 00000~.2101 t=orman39 BKI829P61378 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the d~e of disbar and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Securhy ln.vaume~ is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Proporty, the leasehold and the fee title shall not merge unless Lender agrees m the me~er in writing. 10. Mortgage lnsunmce. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was requited to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost subs~untially equivalent to ~he cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer sulected by Lender. If substantially equivalent Mortgage I~ coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due whan the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in Ilea of Mortgage Insurance. Such loss reserve shall be non-refundable, notwitl~tanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss re. rye. Lender can no longer requiro loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the pr~niums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Lean and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage lusorance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance emis in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Lean as agreed. Borrower is not a party to the Mortgage lmuranec. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on ten'as and conditions flint are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may hax~ available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might he charaoterized as) a portion of Borrower's payments for Mortgage Inanrance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrange~nent is often termed 'captive roiusurance.' Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any off,er terms of the Loan. Such ag:recreants wIH not increase the amount Borrower will owe for Mortgage Iusuranee, and they will not entitle Borrower to any refund. ~-6(PA) moos} V083 ~'~o~;ot~ LOAN ID: 0000042101 Fomt3039 1101 BKI829PGI379 (b) Any such agreements will not affe~ the rights Borrow~ hns - if any - with respect to the Mortgage l~urance under the Homeowners Prote~ion Act of 1998 or any other law. Thee fights may Include the right to ree~ve certain dis~nsures, to request and ul~aln suncella~lon of the Moct~ge Xnsurnnce, to hnve the Mortgage Insurance termhmted automaticully, und/or to receive a refund of any Mortgage lnsurunce premlums that were unenmed at the time of such ~ncellation or t~tion. 11. A~ignment of Mis~lnncous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby a~sigued to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lns.~'~ed, During such repair ami restoration peried, Lender shall have the fight to hold such Miscellaneous Proceeds until Lender has had an opporumity to ius~ect such Property to ensure the work has been cun~leted to Le~er's satisfaction, provided that such inspeotion sh~l be undertaken promptly, Lender may pay for the repairs and restoration in a single disbursement or in a serie~ of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law require~ interest m be paid on such Miscellaneous Proceeds, Le~der shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be le~eued, the Miscellaneous Proceeds ~hall be applied to the sums ~enred by this Security histrument, whether or not then due, with ~e excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruc~on, or loss in value of the Property, the Miacailanenus Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with thc excess, if any. paid to Borrower. In the event of a pa~ial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before ~e ps.iai taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, de~troctinn, or loss in value, unle~ Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall he r~luced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sun~ secured immediately before the partial laking, desm~tion, or loss ia value divided by (b) the fair market value of the Property immediately before the pm't~d taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before he ps.iai tal~n~, de~mction, or loss in value is less than the amount of the sums secured immediately before the p~rtiai taking, destruction, or loss in value, unless Borrower and Lender otherwise agree i~ writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Prol~rty is abandoned by Borrower, or if, after notice by Lender to Borrow~ that the Opposing Party (as deigned in the next sentence) offers to make an award to settle a claim for damage~, Bon'ower fails to respond to Lender within 30 days after the date the notice is given, Lender is authox~.ed to collect and apply the Miscellaneous Proceeds either to r~toration or repair of the Propar~ or to the sums secured by this Security ln~t-um~-nt, whether or not then due. 'Opposin~ Party' means the third party that owes Borrower Miscellaneous Proceeds or the party agalust whom Borrower has a r~ght of action in regard to Miscellaneous Pt'oceed~. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiru~ of the Property or other material impairment of Lentil's interest in the Propen~ or rights under this Security Insmm~ent, Borrower can cure such a defanit and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be ~'6(PA) i000e~ V090 P~,oo*16 LOA/q ID: 0000042101 Form303$ 1/01 BKI829P61380 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the PropeRy or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Propervj are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are r~ot applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Red.sod; Forbexr~nee By Lender Not n Waiver. Extension of the time for payment or modification of amortization of thc auras secured by ~s Secusity Iustroment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to retease the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to communce proceedings against any Successor in interest of Borrower or to refuse to extend time for payment or otlm'wise modify amonizatinn of the sums secured by this Security Immm.,ent by re&son of any demand made by the original Borrower or any Successors in Interest of Borrower. Any foff~auance by Lender in exe~ising any right or remedy including, without limitation. Lender's acceptance of payrmmts from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due. shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several liability; Co-signers; Sncc~sors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However. any Borrower who en-signs this Security Instrument but does not execute the Note (a 'co-signer'): (al is co-signing this Security Instnunoot only to mortgage, grant and convey the eo-signer's intet~t in the Properly under the terms of this Security insmgnent; CO) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, fot:eear or make any aceunu'nodetions with regard to the terms of this Security Instrument or thc Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefi~ under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security lusrtumcot unless Lender agrees to such release in writing. The covenants and agreements of this Seeority Instrument shall bind (except as provided in Section 20) and benefit the aneceasors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in conncctlon with Borrower's default, for the purpose of protecting Lender's intere~ in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charger, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in cormeetion with the Loan exceed thc permitted limits, then: (al any such loan charge shall be reduced by thc amount neceasary to reduce the charge to the permitted limit; and Co) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces prillcipal, the reduction will be treated as a partial prepaymeer without any prepayment charge (whe~l~er or not a p~payna~nt charge is provided for under the Note). Borrower's acceptance of any anch refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. l$..Noti..e~s. All notices given by Borrower or Lender in connection with this Security lmmmumt must be tn writing. Any notiee to Borrower in connection with this Security l~stt/flum~shall be deemed to ~4t{PAlloooa~ V097 v~.~ol~ LOft/'/ 'i'D: 00000&2~.OJ. Form3039 lt01 1829P 1381 have been given to Borrower when mailed by tim class ~ or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall consQ~ute nor. ice to all Borrowers uuiess Applicable Law expressly requires o~herwise. The notice address shall be the Property Addre~ unless Borrower has designated a anb~titute nafice addre~ by nmice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, than Borrower shall only report a change of address through that specified procedure. ~ may be only one designated notice address under this Security instmmem at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address st~ed herein unless Lender has d~ignated another address by ~:ofice to Borrower. Any notice in connection with this Security Instrumem shall not be deemed to have been given to Lender until aciually received by Lender. If any notice required by this Security Inatrum~ is also required under Applicable Law, the Applicable Law requir~mem will satisfy the corresponding requirement under this Security inset. 16. Governing Law; Sevec~bllity; Rules of Constra,~lon. This Security Instromem shall be governed by federal law and the law of the jurisdiction in which the Prolgrty is located. All rights and obligations contained in this Security Immanent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties m agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In rig ~vent that any provision or clans~ of this Security Immanent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect withont the cenflicting provision. As used in this Security Insmimem: (a) words of the masculine gender shall mean and include correspouding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 15. Transfer of the Property or a Bennflciui l~rest in Borrower. As used in this Section 18, qnteres~ in the ProperS' means any legal or beneficial imerest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, cenuact for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a fumro da~e to a purchaser. If all or any par of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a muural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate paymant in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Leuder shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Immanant. If Borrower fails to pay tbese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right lo Reinstate After Aeceler~tion. if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of.' (a) five days before sale of the Property purs,!~nt to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgmem enfoming this Security Instrument. Those conditions are that Borrower:. (a) pays L~nder all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defa~dt of~.y'other covenants or ~(~o~PAI~x~) V106 ~.~,~2o~ LOAN ID: 0000042101 Form3039 1101 BKI829PGI382 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, hut not limited to, mason,able attorneys' fees, property /nspention ami valuation fees, and other fees incurred for ~ purposo of protecting Lender's interest in the Property and rights under this Sectu'ity lns~t'mne~; and (d) talc~s such action 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 Security Instrument, shall continu~ unchanged. Lender may require that Borrower pay such reinstatement sums and expanses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insuml by a federal agency, instnnnsmality or eatity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security ~t and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Lenn 8erwicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. 'l~ere also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Bon'ower will be given written notice of the change which will stale the name and address of the new Loan Servicer, the address to which payments should be made and any other informetinn RESPA requires in connection with a notice of transfer of servicing. If the Not~ is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan s~vicing obligations to Borrower will remain with the Loan Servicer or be transfi~tred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwiso provided by the Note purchaser. Neither Borrower nor Lender may commm~, join, or be joinud to any judicial ~gtion (as either an inctividual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of. this Security Inslmme~, until such Borrower or Lender has notified the other patty (with such notice given in compliance with tim requirements of Section 15) of such alleged brcach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicahie Law provides a time period which must elapse before certain action can he taken, that lima period will be deemed to be reasonable for potposes of this paragraph. The notice of acceleration ami opportunity to ctu'e given to Borrower pursuant to Section 22 ami the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and oplx~rnmity to take corrective action provisions of this Section 20. 21. Hazardous ~batnnecs. As used in this Section 21: (a) "Hazardons Substances' ate those substances defined as toxic or hazardous substances, pollutants, o~' wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental proteetinn; (c) 'Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ~-6~eA) ~oo~1 VIII LOAN ID: 0000042101 Fom~3039 1/01 Bff1829PBI383 ~orrow~ shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substan. ces, or threaten ~o relezse any Hazardous Substances, on or in the Properly. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, Co) which creates an Environmental Condition, or (c) which, due to the prese~, ns~, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Prol~rty. The preceding t9~ sentences sl~all not apply to ~ presence, use, or storage on the Prol~Xy of small quantities of Hazardous Substances that are generally recogt~d to be appropriate to normal residential uses and to maintenance of the Property (including. but nose limited to, ha,anions substances in comumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or reguiatoty agency or private painy involving the Property and any Hazardous Substance or Environmental Law of which Borrower has acaml knowledge, e0) any Environmeatal Condition, including but not limited to. any spilling, leaking, discharge, release or threat of rolens~ of any Hazardous Subsaancu, and (e) any conditinu caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Prop~y. If Borrow'et learns, or is notified by any govemmenud or reguiatoty authority, or any private party, that any reraoval or other reraediatioa of any Hazardous Substan~ affecting the Property is necessary, Borrower shall promptly take all necessus3, remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leuder for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader ~ covenant and agree as follows: 22. Aeeeleration; Remedies. Lender shall give nuliee to Borrower I~rior to aeeeleratlon following Borrower's breach of any envcuant or agreement in this Security Instrument (but not prior to aeeeleratinn under Seetlon 18 unless Applieahie Law provides otherwise). Lemler shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (e) when the default must be cured; and (d) that fuiltwe to c~ro the default as speeiF~d may result in aeceterathin of the sums seeured by this Sncurity Inslroment, I'oreelnsu~ by judleinl proeeeding and sale of the Property. Leader shall further inform Borrower of tho right to reinstate after aeederatinn and the right to assert in ~ foreclesur~ p~ro~ng the no~.exist~m:e of a default or any other release of Borrower to aeeeleratlon and foredomsro, ff the default is not cured as speetfled, Lender at Its option may require immediate payment in full of all sums secured by this Seeu~lty Instrument without further demand and may foreclose this Security Iasm~ment by judieinl proceeding. Lemler shall be entitled to enlleet ali expem~ incurred in pursuing the remedies provided in this Section 22, including, bat not limited to, attorneys' fees and ensts of title evidence to the extent permitted by Appll~ahie Law, 23. Release. Upon payment of all sums secured by this Security Instmmant. this Security Insmsmcot and the estate conveyed shall termis~te and become void. After such ocoummee, Lender shall discharge and satisfy this Seeuri~ Instnanent.. Borrower shall pay any recordation costs. Lender may charge Borro~r a fee for relensmg this Security Instrummt, but only if the fee is paid to a third patty for services rendered and the charging of the fee is permitted under Applicable Law. 24: Waivers: Enrrower, to the extent ~e .~ued by Applicable Law, waives and releases any error or defects m proeeedmgs 1o eafome this Sncunty I~mmaant, and hereby waives the benefit of any present or future laws providing for stay of execaxtion, extension of time, exemption from attachment, levy and sale. and homestead exemption. 25. Reinstatement Pe~od. Borrower's time to reinstate provided in Seetioa 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is l~at to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money morlgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable.after a judgrsetu is entered on the Note or in an action of mortgage foreelosare shall be the rategayat~l~ from time to time ~-6{PAI~oOOa) Vl18 ,"~=4or,* LOAN ID: 0000062101 Fom1303S 1101 BKI829P6138q BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenaats contained in th~ Security Instrument and in any Rider executed by Borrower and recorded with it. Wime~ses: SCOTT H VANCE (Seal) (Sea~) (Sea]) (Seat) (Se~U) ID: 0000042101 F~rm3039 1/01 BKI829PGI385 PREMISES BEING: 311 ~;~5?I~AIN STREET. VERIFICATION_ Loan Adrninistmtion Officer Katrina Dupuy hereby states that she is ViCE PREDSIDENT of ABN-AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2004-01361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN A24RO MORTGAGE GROUP INC VS VANCE SCOTT H ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE VANCE SCOTT H DEFENDANT , at 2046:00 HOURS, at 311 WEST MAIN STREET MECHANICSBURG, PA 17055 SCOTT VANCE a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 31st day of March by handing to the , 2004 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 6.90 Affidavit .00 Surcharge 10,00 .00 34.90 Sworn and Subscribed to before me this ~ day of  { . o2¢~0)' A.D. So Answers: R. Thomas Kline 04/01/2004 FEDERMAN & PHELAN ~eputy SherifT FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. SCOTT H. VANCE Court of Common Pleas CUMBERLAND County No. 04-1361-CIVIL Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, .AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff