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HomeMy WebLinkAbout08-5802McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 /MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York As Trustee For The Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2006-8 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. John D Hackman 150 Stone Church Road Carlisle, Pennsylvania 17015 and Melanie K Hackman 150 Stone Church Road Carlisle, Pennsylvania 17015 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number b$ - 6$09L Civi 1Px A CIVIL ACTION/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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is The Bank Of New York As Trustee For The Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2006-8, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is John D Hackman, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 150 Stone Church Road, Carlisle, Pennsylvania 17015. 3. The Defendant is Melanie K Hackman, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 150 Stone Church Road, Carlisle, Pennsylvania 17015. 4. On March 27, 2006, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for First Residential Mortgage Network, Inc. d/b/a SurePoint Lending which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1945, Page 2043. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for First Residential Mortgage Network, Inc. d/b/a SurePoint Lending to The Bank Of New York As Trustee For The Certificateholders CWAB S, Inc. Asset-Backed Certificates, Series 2006-8, Plaintiff herein by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 150 Stone Church Road, Carlisle, Pennsylvania 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 3. The following amounts are due on the mortgage: Principal Balance $ 132,551.78 Interest through July 1, 2008 $ 5,448.61 (Plus $36.08 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 404.95 Corporate Advance $ 785 00 Escrow Advance $ . 3,468.34 3GRAND TOTAL $ 143,908.68 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $143,908.68, together with interest at the rate of $36.08 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 10 5-q 0 iql^:?- X L9 Z I F ' L I R RECORDEW0,T*D-EEDS CWHURLA9.0 COUNTY-PA 506 flPR 3 RM 10 58 0 Jo PreparedBy:.ZW0'0'U1U Sol Mrst Residential Mortgage Network, be d/b/a Surepoint Loading 9500 Ormsby Station Road L-eniffRIO, KENTUCKY 40223 Attm. SMP`PINGPZPTJDOC. CONTROL Parcel Nwl"V(4?-05 P-16ser 150 Stone Church Road, CARLISLE, PENNSYLVANIA 17013 When recorded mail to: Real Estate Title Services, LLC 9721 Ormsby Station Road, Suite 105 Louisville, KY40223 502-315-1670 MORTGAGE '10(PL - 0 ?.?_ I 1 (0 MIN 100275640100331" DEFINMONS MERS TELEPHONE: (8n) 67"377 Words used in multiple sections of this document are defined below and other words are defined in Sections 3. 11,13.18,20and2l. Certain rules regarding the usajo of words used in this document are also provided in Section 16. (A) "Security Instrument" nicans this document, which is dated March 27,2006, together with all Riden to this documem. (8) "Borrower" is John 0 Hackman and Melanic K flacimins. Borrower is the mortgagor under this Security instrument. (C) "KUM is Mortgage Electronic Registration Systems. Inc. MERS is a sqwft corporation that is acting solely as a nominee for Lander and Lander"s successors and R8SiPL MERS 15 the 111114111%%ft under this Security taxtriament. h=S is organized and existing under the laws of Delawam and has im address and telephone numbarofP.O. 'Box 2026, FWAC 48501-2026, tel. (888)679-MMS. (D) "Loader" is Ant Residential Mortgage Network, Inc &We SurePaliat Leading. Lender is a orpnized and existing under the laws of the State of WENTUCKY. Lender's address is 9W Ormsby Stathm Road, 14Wairilts, KENTUCKY 40223. M "Note" means the proinissory noto signed by Boxrower and dated March 27, 2006. IU Note states durt Borrower owes Lander One Hundred Thirty Four Thousand One Hundred And 00/100 Dollen (U.S. $MI40.00) plus interest. Borrower has; promised to pay this debt in regular Periodic Payments and to pay the debt in 10 not later than April 1, 2036, (F) "Property" means the property that is dmnlcd below under the beading 'rmsfer of Rights in the PENNSYLVANIA - Single Faruily - Fannie MANFraddle Mae UNIFORM INSTRUMENT WITH MERS Form 3119 2/01 Page I of 16 MP M %,. %A pacrucrid Exhibit A OKI 945PG204? r (G) "Loan" means the debt evidenced -by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (B) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [X] Adjustable Rate Rider [ ] Planned Unit [) Second Home Rider [ ] Balloon Rider Development Rider [ J 1.4 Family Rider [ ] VA Rider (] Biweekly Payment Rider [ ] Other(s) [spooify] [ ] Condominium Rider (1) "Applic" Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the clIftt of law) as well as all applicable final, non-oppaslable judicial opkdons. (.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other cbergas that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electroaie Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument which is initiated through an electronic terminal, telephonic lastrtmman% computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an socowit. Such tern includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "gscrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (1) damage to, or destruction of, the Property; (ii) Condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (!) "Mortgage Insnranee" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Paymsnnt" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "IMPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 1601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Pad 3500),4s they might be amended ftam 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 requitemegts 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 knsn" under RESPA. (Q) "Saecessor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. PENNSYLVANIA -Single Family - Famia Mae/Freddie Mae UNIFORM INSTRUMENTwnx MERE Pogo 2 of 16 Form 3039 1/al Initial,, ?M M-)cH 89 1945PG2044 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (d) the repayment of the Loan, and all renewals, extensions and modifItions of the Note, and (ii) the Perf"mance of Borrower's covenants and agreements under this Sr.* eInstrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERE (solely as nominee for Lender and Lender's successors and assigns) and to the success= and assigns of MERE, the following described property located in the County (Type of Recordag lutiadleaea) of CUMBERLAND (None of RacatdbV hr1Wkdoa): SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. which currently has the address of 150 Stone Chnreh Road [street) CARLISLE (c;hy) , Pennsylvania 17013 [zip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all ensaments, appuitananrxs, and fixtures now or hereafter a part of the property. All repiacmrents and additions shall also be coveted by this Security lnsiruntank All of the foreaoing is referred to in this Security Inanument as the "Property." Borrower understands and agrees that MBRS holds only legal title to gw u tefests granted by Borrower in this Security Instrumant, but, if necessary to comply with law or MM04 MERE (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those Interests, including, but not )ionised to, the right to foreclose and sell the Property: and to take any action required of London mclud ng, but not ]indeed to, releasing gad canceling this Security h*nmsmt. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has tiro tight to mortgage, grant and convey the Property and that the Property is unwomobeted, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and dtemnds, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for nations( use and non-uniform covenants with limited variations by jurisdiction to constitute a unif= security instrument covering real ply UNIPORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pursuant to Section 3. Payments duo under the Note and this Security Instrument shall be mgdo in U.S. PENNSYLVANIA • Siaglc Family- Farok MaeWmddie Mae UNIFORM IN9=UMp.NT WITS Ml gg Pap 3 of 16 Perm 3039 1/01 Initials: Mk`} SKI945PG2445. chmroncy. However, If any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid Lender may require that any or all subsequent Penn to due under the Note and this Security Instrument be made in one or mare of the following forms, as selected by Leader: (a) cash; (b) money order, (e) certified check, bank check, treasurer's cheep or wahWs check, provided any such chock is drawn upon an institution whose deposits are insured by a federal agency, ins , or entity; or (d) Electronic Funds Transfer. Payments an doomed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lander in scoordance with do notice Provisions, in Section 15. Leader may return any payment or partial payment if the payment or partial payments are inai clout to bring the Loan current. Lender may accept any payment or partial payment imsuffieieat to being the Luau eurtnot, without waiver of any rights hereunder or prsJudice to its rights to refuse Poch payment or Partial payments in the future, but Lender is not obligated to apply such payments at the tine such payments am accepted. if each Periodic Payment is applied as of its scheduled due date, then Lender need not pay inberwt on unepplied fbnds. Lender may hold such unapplied finds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Leader shall either apply such funds or return them to Borrower. If not 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 Instnmuent or parfomung the covenants and agreamento scoured by this Security Insttumenl. Z. Application of Payments or Proceeds. Except as otherwise described in this Section Z, all payments accepted and applied by Lander shell be applied is the following order of priority: (a) interest due under the Note; (b) principal due under the Note, (c) amounts due under Section 3. Such payments shell be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal Wawa of tho Note. N Loader receives a payment from Borrower for a delinquent Periodic payment which includes a suflldent amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If mere than we Periodic, Payment is outstanding, Loader may apply any payment received fen Borrower to the repayment of the Periodic Payments if, and to the extent tad, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or mow Periodic Payments, such excess may be applied to any late obargee due. Voluntary prepayments shall be applied Sret to my ]repayment chum and then as described in the Note. Any application' of payments, insurance proceeds, or Miscollaneous proceeds to principal due under the Note shall eat extend or postpoae the duo date, or change the amount, of the Periodic Payments. 3. Pbnds for Escrow Items. Borrower shall pay to Leader on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of anaunts due for (a) taxes and assessments and other items which can attain priority over this Security las"Mont ore a lien or encumbranco on the Property; (b) leasehold payments or ground rents on the Property, if any; (a) premiums for any and an Insurance required by Lender under Section 5; and (d) Mortgage insurance prerntunu, if any, or any soma payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tarn of the Loan, Lender may require that Community Association Dues, Fees, sad A osinnente, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly PENNSYLVAMA - Slagle Family- Nnue M? Mae UNMRM INSMUMENTwrTS t1TERS Farm 3039 Lel Page,lof % 5iltlata;l?b? -?u' 9KI945PG2046., furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for my or all Barrow Issas. Leader may waive Borrower's obligation to pay to Lender Funds for say or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Fords has been waived by Lender and, if Lender requires, shall furnish to Linda receipts evidencing such payment within stleh time period as Lander may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be doomed to be a covenant and agroemant contained m this Security Instrument, as the phrase "covenant and agroomme is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower Ails to pay the amount due for an Escrow Item, Leader may exercise its righo under Section 9 said pay such amount and Borrower shell thou be obligated under Section 9 to repay to Leader 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 mil, upon such revocation, Borrower shall pay to Leader all Funds, and in such amounts, that are then required under this Section 3. Lander may, at any time, collect and bold Funds in an amount (a) sufficient to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a loader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Borrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so inarmed) 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 shell not charge Borrower for holding and allying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law perrnits Lender to make such a Warp. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Larder shall rat be roquired to pay Borrower any interval or comings an the Funds. Borrower and Larder can agree in writing, however; that Wend shall be paid on the Funds. Leader shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as deflacd under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. H there is a shortage of Funde held in escrow, as defined under RESPA, Lender shill notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no none than 12 manddy payments. If there is a deficiency of Funds hold in escrow, as dallned under RBSPA, Lender stall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to rusks up the deficiency in accordance with RESPA, but in no more then 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lions. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which con attain priority over this Security Instrument, lessabold payments or ground rvats on the Property, if any, and Community Association Dula, Fees, and Assessments, if any. To the extent that these item are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lion which has priority over this Security batrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but PFNNn%VANIA-SeigleFsmity-FameMW/Vmddb?&eVNIFORMINS77tIXEMMMIr MS Form 3N9 r/el Peas S of 16 mtu.te: 014 M1eH OK 1945PG204T only ro long as Borrower is perfomling such agteament; (b) contests the lien in good faith by, or defends against enfacemant of the lien m, legal pmoesdings which in Lender's opinion operate to prevent the endoeem Mt of tic lien while those proceedings are pandbig, but only until such proceedings we concluded; or (o) 80011100 Snow the holder ofd" lien an egreanent 8138sfa0e0ry to Leader subordinating the lien to this Security Instrument. If Lender dtteanines that any pat of the Property is subject to alien which am attain priority over this Security Instrument, Lander may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given. Borrower shell 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 obaw for a real retire tax verification and/or reporting service used by Lender in coaaeodon with this Loan. S. Property Insaranee. Borrower shall keep the improvements now existing or heireafter eroctad on tho Property insured against loss by ft hazards included within the tent "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, fbr which Lender requires miurance. This Insurance shall be maintained in the amounts (including deductible levels) and for the periods that Larder requires. What Lender requires pursuant to the preceding union= can change during the tent of the Loan The HWWMOC carder providing the insurance shall be obosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shell not be exarciaed unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, cetifiwtion end banking services; or (b) a ono-time charge for flood zone determination and artifie won services and subsequent charges each time remappings or similar changes occur which reasonably might afflict such determination or certification. Borrower shall also be responsible for the payment of any foes imposed by the Federal Bmagmoy Management Agency in ooaneotion with the review of any flood zone determination resulting flom an objeotlon by Borrower. If Borrower fails to maintain any of die coverages described above, Lauder may obtain insurance coverage, at Lader's option and Borrower's expense. Lender is under no obligation to purchase any particular type or anent of oovenuge. Th-&M such coverage shall cover Lando; but might or might not pretax Borrower, &mewor's equity in the Property, or the contents of the Property, against any aisle, hazard or liability and might Provide greater or lower coverage than was previously in effect Borrower aclmowIedgm that the cost of flee insurance coverage so obtained might significantly exceed the oust of inuurance that Borrower could stave obtained. Any amounts disbursed by Lowder under this Section 5 shalt become additional debt of Borrower secreted by this Security Instrument These amounts shall bear interest at the Note rate from the date of d]sbusement and shall be payable, with such interest, upon notice from Lander to Borrower requesting payment. All hsurancc policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lander ae mortgagee and/or as an additional loss payee. Lender shall .have the right to hold the policies and renewal certificates. If Lender requires, Bormwer shall promptly give to Lander all receipts of paid premium, and renewal notieae. If Borrower obtains any fam of insurance oovaage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall Include a standard mortgage clause and shall name Lender as martgagea xWor as an additional loss payee. In the event of low, Borrower sball give prompt notice to the insurance carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unlew Lender and Borrower otherwise agree in writing, any insuranca Proceeds, whether or not the underlying insurance was required by Larder shall be P%NNMVAMA - Sieglo FemYy - Fawde MaWreddie Mae UNIFORM INSTRUMENT Wrrll6tEa.4 Pogo 6 of l6 Fong 3939 1101 Ntrivr:? MY..H BK 1945PG2048 applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Loader's security is not IeumW. Turing such repair and restoration period, Leader shall have the right to hold such Insurance proceeds until Lender has bad an opportunity to f aspect such Property to ensure the woLL has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken psompdy. Leader may disburse proceeds for the repairs and restoration in a single payment or in a sales of progrm payments as the work is completed. Unless an agromient is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pity Borrower any interest or earnings on a mh proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of tho insurance proceeds and shall be the solo obligation ofBorrower. If the instorat€on or repair ip not eoonamieally Feasible or Leader's seocrity would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Inetcumank wberbor or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice ftm Loader that the insurance carrier has offered to settle a claim, then Leader may negotiate and settle the claim. The 30-day, period will begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Beau stunt, and (b) any other of Borrower's rights (other than the right to any refund of unarmed promiuros paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the irmrance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrowers principal iesidesm within 60 days after the execution of this Security hudrument and shall continue so occupy the Property as Borrower's principal residence for at least out year after the date of occupancy, artless Leader otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Niaiateamace and Protection of the Property; Laspeedoms. Borrower shell not destroy, damage, or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order' to prevent the Property aces deteriorating or decreasing in value due to its condition. Unless it is deeenmmod pursuant to Section S that repair or restoration is not economically fessible, Borrower shall promptly repair the Property If damaged to avoid further detetionation or danaego. If insurance or condemmation proceeds are paid in ocmmtk n with damage to, or tie taking of, the Property, Borrower shall be responsible for repairing or reswing the Properly only if Lender has released proceeds for a wh purposes. Lender may disburse proceeds for tics repairs and restoration in a single payment or In a scrip of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufriicient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the compIction of such repair or restoration. Leader or its agent may make reasonable entries upon and inspections of tho Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lander shall give Borrows twice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Leas Application. Borrower shall be in dWWt it during the Loan application process. Borrower or any persons or emtides acting at the direction of Borrower or with Borrower's knowledge, PENNSYLVANIA-afogbForay-FanakMwMtddtaMacONm Rmmsnwb1ENTwtaHMEaS Pane 7 of 16 Farm M39 1101 ?ttty? OH In1CH BK 1945PG2049 or consent gave materially false, misleading, or inaccurate information or statements bo Lander (ere failed to provide Lender with material information) in connection with the Loss Materiel representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Properly and Rights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreed contained in this Security Instromeni, (b) there is a legal proceeding that might eigatflcantiy of ct Lender's interest in the Property and/or lights under this Security Instrument (snob as a proceeding in bankruptcy, proba* for condemnation or forfeiture, for enforcement of a lion which may attain priority over 06 Security hotrumant or to enfer ce laws or regulations), or (c) Borrower has Abandoned the Properly, then Lender may do and pay fbr whatever is reasonable or appropriate to protect Lender's interest In the Property and rights under this Soctity Instiu mart including protecting and/or assessing the value of the Property, and securing; and/or repairiag the Property. Lender's actions can include, but are not limited to: (a) paying any sums snowed by a lien which has priority over this Security Inswarm#; (b) appearing in court; and (e) paying reasonable aftorneys' fees to protect its interest m the Property and/or rights under this Security Lslrument, including its scoured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change looks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turaal on or off. Although Leader may take action under this Section 9, Leader does not have to do so and is not under any duty or obligation to do go. It is agreed that Lender incurs no liability for not taking any or all actions authorluad under this Section 9. Any amount disbursed by Lender under this Section 9 small become additional debt of Borrower scoured by this Security Instrument. These amounts Shall bear interest at the Note rate fiom the date of disbursement and shall be payable, with such interest, upon notice f om Leader to Borrower requesting payment. If this Security butte rent is on a leasehold, Borrower shall comply with all the provisions of the lase. If Borrower acquires fee title to the Property, the ieasehold and the fee title sbal] not merge unless Lender agrees to the merger in writing. It Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower Shall pay the premiums required to maintain the Mortgage Inwance in offat. If, fbr any ream, the Mortgage Insurance coverage required by Lender cases to be available ft m the mortgage roarer that previously provided such insurance and Borrower was required to make separately desigwbed payments toward the premiums for Mortgage Insumom Baemrver shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cast subdandab equivalent to the cost to Borrower of the Mortgage Insurance previously in effeok from an alternate mortgage ihwuror selected by Lander. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shell continue to pay to Leader the amount of the separately designated payments that were dux when the insurance coverage oeased to be in afllect. Lender wID accept, use and retain thaw payments as a non-refu rulable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be nom-rofuhdable, notwWotandhhg the fan that the Loan is ultimately paid in full, and Lender sball not be required to pay Borrower any interest or earnings on such less reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes availab* is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Loader required Mortgage Insurances as a condition of making the Loan and Borrower was required to make PENNSYLVANIA- Single Family- Fanale ahMfted&e Mae UNIFORM INSTRUMIM Wrm MERE Page 6 on 16 Farr 3039 1101 IgithlK }fy 6K 1945PG2050- separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to awintaia Mortgage Insurance in effect, or to provide a non-wfiaidabLs loss resorm uffi1 Lender's raquiremaM fir Mortgage Insurance ends in accordance with any written sgoeeatmt between Boamwer and Landau pmvk%g far such W=iRBdcar or until tamimtim is rogWW by Applicable Law. Nothing in this Section 10 atTeets Borrower's obligation to pay interest at the rate provided in the NOW Mortgage Insurence reimburses Lender (or any attity that purchases the Note) for certain losses it m W incur if Borrower does not repay the Loan as agreed. Harrower is not a party to the Mortgage higurance, Mortgage Imum evaluate their total risk on all such insurance M faros fiom thne to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements an, on terms and conditions that are satisfactory to the mortgage insurer and the other party (or part=) to these agmementL Them aWamimb may require the mortgage insurer to make payments using any souse of fords that the mortgage f x-may have available (which may include finds obtained fiam Mortgage Laurance premiums). As a result of these agraomonts, Lender, any purchaser of the Note, another msurar, any rein ow, any other entity, or any of illate of any of the faogoing, may receive (dkeedy or indirectly) amounts that derive fiarn (a night be dmraceraized as) a portion of Borrower's payments for Mortgage Losuranoe, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an dMiato of Lander takes a share of the insurer's risk in exchange for a share of the premiums paid to the imurM the arrangement is often termed "captive refnauranoe." Pettier, (a) Any such agreemeSts will not affect the amenats that Borrower has agreed to pay for Mortgage Insurance, or any other terrors of the Loan. Such agreements will not hmcraate the amount Borrower whS owe for Mortgage Insurance, and they will not mdit Borrower to any refaad. (b) Any such agreements will not affect the rights Borrower has - Many - with respect to the Mortgage lmwa a under the Homeowners Protection Act of 1998 or any other law. Vase sights may Include the right to receive cartaln d isdosmrm, to request and obtain cancellatmn of the Mwtpp Insmanee, to have the Mortgage bearanee terminated automatically, andlor to receive a reflood of any Mortgage Laurance premiums that were unearned at the time of each cancdlatloo or termimatbn. IL Assignment of Miscellaneous Proceeds; Forfeltore. All Miscellmonue proceeds are hereby assigned to and shall be paid to Lender. If tux Property is damaged, such Miscellaneous Pwoeeds shell be applied to restoration or repair of the Property, if the restoration "repair is economically feasible and Leader's security is not lessened. During xwb repair and restoration period, Leader stall have the right to hold such Miacellanooue Proceeds until Lender has bad am opportunity to inspect such Property to ensure the work has been completed to Lender's asdsfiction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless en agmemant la made in writing or Applicable Law requires interest to be paid on such Miscellmanns Proceeds. Lander shall not be required to pay Ba ewer any interest or earnings on such Miscellaneous Proceeds. If the resbntion or ropsir is not economically feasible or Lender's security would be lessened, the Miseellaneoss Prooeede shall be applied to fine sums weaned by this Security Iaslrumeak whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous proceeds shall be applied in the order provided for in Section Z. In the event Of a total taking, destruction, or lose in value of the Pmpeaty, the Misoellawoue Proceeds shall be applied to the sums secured by this Security Instrument, whether or not than duo, with the excess, if any, paid to Borrower. PBNNSYLVAN74 - Segue Family- Faoole MadFredda Mae UNIFORM INSPRUME?rr Wrry MFRS Fora 3039 Vol Page 9 of 16 zet?r.: ?MKH OK { 945PG205 i In the event of a partial taking, destruction, or lose in vshue of the Property in which the fair madras value of the Property immediately bd m the partial taking, destruction, or lose m value is equal to or greater then the amount of the suave secured by this Security hralruane nt Immediately before the partial taking, dediuction, or lose is value, unless Borrower and Leader otherwise agree in writing, the am seamed by this Security Instrument shall be reduced by the amount of the M'w ollemeaua Proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or lose in value, Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss In value is less than the amount of the sums secured immediately before the partial talting, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miaoellaroous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the suma are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offer; to make an award to settle a claim for damages, Borrower chile to respond to Leader within 30 days attar lice date the notice Is given, Lender is authorized to coiled and apply the Miscellaneous Proccods either to restoration or repair of the Property or to the sums secured by this Security hwtrument, whether or M then due. "Opposing PW Imams the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be In default if any sodon or proceeding, whether civl'1 or criminal, is begun that, in Leader's judgment, could result in forfeiture of the Property or other material impairment ofLe ider's inteteet in the Property or rights under this Security Instrument. Borrower can an such a default and, if acceleration has occurred, relmtats as provided in Section 19, by causing the action or preceedin$ to be dismissed with a ruling that, in Leader's judgment, precludes fxibiture of the Property or other material impairment of Lender's interest in the Property or tights under this Security Instrument. The proceeds of any award or Claim for damages that are attributable to the impairment of Lender's Interest In the Property are hereby assigned and shall be paid to Lender. All Misoollmteous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. It Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrumant gramed by Lender to Borrower or say Successor in Interest of Borrower shall act operate to release the liability of Boaowet or any Successors in Internet of Borrower. Lender shall not be required to commence proceedings against any Successor in Insect of Borrower or to refuse to wataid time for payment or otherwise modify amatizeticm of the sums; secured by this Security hrshument by reason of any demand made by the o igined Borrower or any Successors in Iatwort of Borrower. Any forbearance by Leader in exercising any right or remedy iindwing, without limitation, Leach's acceptance of paymeats from third persons, entities or Suooeseom In untried of Borrower or in amounts lose than the amount than due, shall to be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-Aguas; Successors and Aadpss Bound. Borrower covenants end "as that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-sips this Security Instrument but does not execute the Note (a "co-sdgnar"): (a) is co-aigaing PENNMVAMA- Siealc Pammy- Fannie MmYnddie Mae UMFORM INSTRUMENT WrM hM Perm 3039 1101 Pere 10 of 16 ?l raiuate: J? l?tK OXI945PG2052 this Seem* Jinttument only to mortgage, grant and convey the co-signer's interest in the Property under the tams of this Security Instrument; (b) is not personally obligated to PaY the sums soared by this Security Inswmwzr4 and (c) agrees that Leader and any other Borrower can agree to extend, nxm*, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signer's Consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lander, stall obtain all of Borrower's rights and benefits under this Security Instrurlunt. Borrower stall not be released fiem Borrower's obligation and liability elder this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and bonelit the succaso s and assigns of Leader. 14. Loan Chnrges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the property and runts under this Seemly instrument, including, but not limited to, attomeys' *cs, property inspection and valuation few. In regard to any other fors, 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 paobibiled by this Security Instrument or by Applicable Law. If the Loan is subject to a law which acts maximum loan charges, and that law is finally interpreted so that the rots uut or other loan charges collected or to be colbctod in connection with the Loan exceed the pexnsitied ]faits, thee: (a) any such loam charge shall be reduced by the amount necessary to reduce do charge to the permitted limit; and (b) any sums already collected $pm Borrower which exceeded permitted limits wilt be refunded to Borrower. Lender may choose so make this mfmd by reducing the principal owed under the Note or by making a direct payment to Borrower. Na refimd reduces principal, the reduebAm wfu be treated es a perdal prepayment without any prepayinertt charge (whether or not a prepaymant charge is provided for under the Note). Borrower's acceptance of any such reflmd made by direct payment to Borrower will constitute a waives of any right of action Borrower night have arising out of suds overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Insku meat shall be deemed to have been given to Borrower when milled by first class mail or when aerially delivered to Borrower's notice address if cent by other mans. Notice to any one Borrower sball constitute notice to all Borrowers unless Applicable Law expressly requires otberwfso. The notice address shell be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower doll promptly notify Lender of Borrower's change of address. If Lander specifies a procedure ter reporting Borrower's dwuge of address, them Borrower shell only report a change of address through that specified procedum There nay be only one designated notice address under this Security Instruct at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated begin unless Leader has designated another address by notice to Borrower. Any notice in connection with title Security Inshmnmt shall not be deemed to have bean given to Leader until actually received by Louder. If ally notice required by this Secuity Instrmew is also required under Applicable Law, the Applicable Law r+egukamxnt will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severabillty; Ruin of Construction. This Security Instrument Shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable PENNSYLVANIA - Sh* Family- Facie MWFYedeae Use UNIFORM INSTRUa'iM WITS HERS Fora3039 V01 Par 11 Of 16 1/1ruWs:IDH MK u BK 1945PG2053 Law. Applicable Law might explicitly or implicitly allow the parties to ague by oonttaet or it might be sift, but such adores shall not be construed as a prohibition against agreement by contract In the evert that any provision or chaser of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affeot other provisions of this Security Instrument or the Note which can be given effect without the ca ri icting provision. As used in this Security Instrument: (a) words of the masculine gender stall mean and include corresponding neuter words or words of the fomininc 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 lnstrmment. 18, Transfer of the Property or a Beneficial ;interest to Borrower. As used in this Soodon 18, "Interest in the Property" mesas any legal or beneficial interest in the Property, including, but not limited to, time beneficial interests transferred in a bond for deed, contract for dead, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Intend in the Property is add or transferred (or if Borrower is not a natural parson and a baneticiel Wend in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in fill of all sums secured by this Security Instrument. However, this option shall not be exorcised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice dun provide a period of rot loss than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums seared by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies panttod by this Security bwMn aert without further notice or demand on Borrower. 19. Borrower's Might to Reinstate After Acceleradoo. 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 sate of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment eaforoing this Security Instrument. Those conditions an that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreemamts; (a) pays all exposes incurred in enforamg this Security Iastuma x, including, but not limited to, reasonable attomeys' fees, property inspootian sad valuation foes, sod other fees incurred for the purpose of protecting Lender's intend in the property and rights under ibis Security Instrument; and (d) takes such action as ?Lender ' may reasonably require to salute that Lender's interest in the Property sod rights under this Security Instrument, sod Borrower's obligation to pay the sums seamed by this Security hmstrument, shall continue unchanged. Lander may require that Borrower pay such reinsist a io t sums and expanses in one or mare of the following forma, as selected by Lender: (a) coati; (b) money order; (c) certified check, bank check, treasurer's check or cashler's check. provided any such check is dawn upon an institution whose deposits an insured by a federal agency, Instrumentality or entity; or (d) Bloctrouio Funds Transfer. Upon reimtatemant by Borrower, this Security histrummt and obligations secured hereby shall remain filly efft iva as if no acceleration had ocourrod. However, this right to reinstate shall not apply in the can of acceleration under Section 18. PE MYLVAWIA - Singtc Family • Fawk MadFnddieMac UNIFORM IN51Rta1iE q Wrm MERE Fern 3839 1/01 Paae12of16 utww ML-b' BK 1945PG2054 20. Sale of Note; Charge of Loan Service; Notice of Grievance. The Nob or a partial interest in the Note (together with this Security Instrument) can be sold one or more tines without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servioer") that collects Periodic Payments due under the Note and this Security Inatrtm can and perfomts other mortgage low servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Low Servicer unrelated to a sale of the Nob. If there is a change of the Loan Sarvicar, Borrower will be given written notice of the change which will state the name and address of the now Loan Servieer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Low is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage low servicing obligations to Borrower will remain with the Lam Servicer or be tranhefared to a successor Loan Servicar and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lander nay commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrum mi, until such Borrower or Lender has notified the other petty (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party haft a reasonable period after the giving of such notice to tare corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure Sivas to Borrower pursusot to Section 22 and the notice of aeoekaation given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardoas Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following subatmces: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materiels; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that elate to health, safety or anviroamentel protection; (o) "Envircomental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) m "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envhwmwntd Champ. Borrower stall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything of acting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition. or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentwees shall not apply to the pmmenea, use, or storage on the Property of small quantities of Hazardous Substance that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited the, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, loWdug, discharge, release or threat of relate of any Hazardous Substance, and (e) any condition caused by the presence, use or release of a Hazardous Substance PENNSYLVANIA • Single Fmrly- Fantle MadFmldie Mae UNIFORM INSTRUMENT WYM HERS Ferm3a39 V01 Page 13 of to Imduds: gaN MK?k BK 1945PG205a- b` . which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rim ediation of MY Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further coveoent aml agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to aced Ovation following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otberwise). Lender shall uotlfy Borrower o1; among other things: (a) the default; (b) the action required to cane the deilwit; (c) whoa the ddhok most be cared; and (d) that failure to care the default as specified may react in acceleration of the sand neared by trio Security Intramenq ibsuelost re by Judicial proceeding and Ale of the Property. Lender shall further brtwrm Borrower of the right to reinstate after acceleration and the right to assert In the fel'Et1 am proceeding the *a*q dshmee of a default or any other defame of Borrower to acceleration and breclosare. If the default Is not cured as aperified, Lasder at its option may require immediate payment in fuB of all sums secured by this Security Lutromeat without fvtbw deroasd and may foreclose this Secarlty Instrument by Judicial proceeding. Leader slab be entided to conect all expenses interred in porsaing the reaedlea provided In this Section 22, including, but not Halted to, atloroeys' fees and cab of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all an= seemed by this Security last r mcrA, this Security Instnanont and the estate conveyed shall terminate and became void After such occurrence, Lander ow discharge and satisfy this Security instrument. Borrower shall pay any ro ordedon cosh. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extern permitted by Applicable Law, waives and releases any army or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shell extend to one hour prior to the commencement of bidding at a sheriffs sale or other We pursuant to this Security IUSUVMML 26. Purchase MooW Mortgage. If army of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. ]merest Rate After Judgment. Borrower agrees that the interest rate payable attar a judgment is enlaced on the Note or in an action of mortgage foreclosure shall be the rate payable Sam time to time under the Note. PENNSYLVANIA - Siagto Family - Fannie MaaWreddle Man UNIFORM INSTRUMENT WITH MRS Foes 3e3e 1101 Page 14 of lb toitials: W1='i OKI945PG2056 BY SIGNING BELOW, Borrower aco" sad egreas to the tarns and covmw is contained in this Security hwmm mt and in any Rider executed by Borrower sod recorded with it. Witnesses: f ' t??? V (sue } Joh D Hackman -Borrower rl JY(l (sue) M-1-AK Haclmm. -Borrower - (S-0 -Borrower (S-1) -Borrower PEMYLVANIA - Siogle F&W$ y- Pamie MadFreddie Mae UNIFORM INSTRUMENT WITH MER9 Farm 3109 I/ar Vega 15 of 16 sK 1945PC2057" COMMONWEALTH OF Pl?ravMVANlA, Cum &clmj Comity sr On this, the It h day of ?7nrr.?1 a 00(p mq the undersigned of ca personally appeared John d 1 ove an and Melanie K Hwhomaa, known toms r saHsfaotaril movmto be the persowhose s subsaibed to the MDII)?, instrument and admowledged that executed the same for the herrht contained. IN W1TN= VIEMOP, I hereunto Set my hand and official scat. My Commission Expime: q-%-2.4w) 0,4 Mill A A( tiEAl OTaf U t ? Ew Title of0flim p 9, 2007 Ccmn*dW Certificate fRaIdence L do hereby certify that the cw¢rect address of the within-named M y is is P.O. BAx 2026, Plint MI 48SQI 202§. ??? Witrloas m my hand this day ay of Aaeat of Lander PENNSYLVANIA • Sin* Fuaily- Faanic MedFreddis Mac UNIFORM INSTRUMENT WrrII MGRS Farm 30.79 11#1 Pogo 16 of 16 ? }? u ?Y l& BIB 1945PG2058 ADJUSTABLE RATE RIDER (LIBOR Slx-Month Index (As Published In The Wall Street.Tournal) -Rate Caps) THIS ADJUSTABLE RATE RIDER is made ibis twonty-sevanth day of March, 2006, and is incorporated into and shall be deemed to amend and supplement the Martgaim Dead of 7 iwt, or Soaaity Deed (the "Security Instrument-) of the same date given by the undersigned ("Borrower") to scarce Borrower's Adjustable Rate Note (the "Note") to First Reddenthal Mortgage Netwert, Inc dNa SurePoint Leading ("Lender') of the same date and covering the property described in the Security Instrument and located at: 150 Stone Church Road, CARLISLE, PENNSYLVANIA 17013 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. TIM NOTE LIMITS THE AMOUNT BORROWER'S IN!'$RE9'I' RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements me& in the Security Instrument, Borrower and Lender finther covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 930014. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. IN7ZREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of April, 2008, and on that day every 6th month thereafter Each date on which my interest rate could change is called a «Change Date." (B) TIM Index Beginning with the first Change Date, my interest rata will be based on an Index. The "Index" is the average of intebenk offored rates for six month U.S. dollar-denominated deposits in to London market 'LIBOR"), as published in The Well St ya Iournal The most recent Index figure available sa of the first business day of tho month immediately preceding the month in wMeb the Mange Data occurs is called the "Cueraat JDdex." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable irdbrmation. The Note Holder will give Inc notice of this choice. (C) CaltalationofChaages Before each Change Date, the Note Holder will calculate my new interest rate by adding Eight percentage points (8.000%) to the Current Index. The Note Holder will then round the result of this MULTISTATE ADJUSTABLS RATE RIDER -LIBOR SIX-MONTH INDEX (AS PUBUSMID IN I=WALL SrRMT JOURNAL-SineW Family-Funk Mae Uniform Inaumenr Form AM Uri `i I+age 1 of3 InlBab: IW5L0 BK 1945PG2059 rP , ? Y . addition to the nearest mro•eighth of one percentage point (0.125%). S*cd to the limits stated in Section 4(D) bol^ this rounded amount will be my new interest rate until the next Change Date. The Note Holder will that determine the amount of the monthly payment that would be suffidmt to repay the unpaid pdneipal that I am expeoWd to owe at the Change Date in full on the Maturity Date at my new lntereet rate in substantially equal payments. The result of We calculation will be the new amonnt of my monthly payment. (D) Limits on IaterestRate Q nsiges The interest rate r em required to pay at the first Change Date will not be gmw than 11.300% or lees them 9.000%. Thereafter, my interest note will never be imuramed or decreased an any single Change Date by more than One and One Half percentage points (1300%) ffiem the rate of interest I have been paying for the preceding 6 months. My tmterest rate will now be greater than 16.800'.6. (19) Rffective Date of Cheops My new interest rata will became effective on each Change Date. I will pay the amount of my now monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (I) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the affective date of any change Tbo notice will include information required by law to be given to we and also the title and telephone mmnber of a person who Will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Benefidal Interest In Borrower. As used in this Section IS, "Interest in the Property" means my legal or beneficial interest in the Property, including, but not limited to, those beneficial interests trandbaed in a bond for deed, contract far dead, installment sales cooked or escrow agreement, the Intent of which Is the transfer of title by Borrower at a future data to a purchaser. Hall or any part of the Property or any Interest in the Property is sold or transferred (err if Borrower is not a natural person and a beneficial interest in Borrower is sold or hams%x4 without Lender's prior written consent, Leader may require immediate payment in full of all scare seoanred by this Seorarity Instrument However, this option shall not be exercised by Lander if stA exercise is prohibited by Applicable Law. Leader also shall not exercise this option iP. (a) Borrower causes to be submitted to Lender information regained by Lander to ovuJiuale the imtended trauskm as if a new loin were bang made to the transferee; and (b) Lander reasonably detamina that Iaander's security will not be impaired by the loan assumption and that the risk of a bench of any covenant or agreement in this Security Instrument Is acceptable to Leader. To the extent permitted by Applicable Law, Lander may charge a reasonable fee as a condition to La nder's consent to the loan assumption. Lander also may require the taensfsrea to sign an assumption agreement that is acceptable to Lander and that abligstW the uansface to heap all the promises and agreements mate in the Note and in ibis Security Instrument. Borrower will MULTISTATE ADJUSTABLE RATE RIDER-LMORSIX-KM N INDEX (AS MMUSHED IN M WALLSTAW JOURNAL- ShWe Family -F=We Mae Un7orn Inatremmt Fern 3130 V41 t'aae2of3 Initollt?l'iN MK?1 UK 1945PG2060 b continue to be obligated under the Note and this Security Instrument unless Leader releases Borrower in writing. If Lender exercises the option to require immediate payment in tbll, Lender shall give Borrower notice of acceleration Ile notice shall provide a period of not lea than 30 days from the date the notice is given in accordance with Section 15 within which Donower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this parted, Lander may iovdw any remedies permitted by this Security Instrument without fiuther notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agroea to the terms and covenants contained in this Adjustable Rate Rider. (Sad) n . D HarJmam Hanover Mala Flotetmaw oaoaer (Seal) (Sed) -Bormwer -Hommor MULTH?ATE ADJUSTABLE RATE RIDER-LISORSIF-MONTH INDEX W PUBUSBED IN I= WAUSr3t M JOURNAL-Sb%bFondly -Faoale Mae UaHors imtromeot Farw3I39INII Pogo 3 cf 3 BK 1945PG206 V • f t y t File Number: 206021168 Iftb ibit "A" All that certain tract ofland together with the improvements situate thereon, situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the northern side of Slope Church Road, a 50 foot wide right-of-way, at the southeast corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence by Lot No. 7, North 19 degrees 15 minutes 06 seconds West, 557.78 feet to a point at lands now or formerly of Btmrson N. Miler; thence by the lands now or formerly of Ems N. Miter, North 69 degrees 35 minutes 53 seconds Bast, 150 feet to a point at the northwest comer of Lot No. 5, now or formerly of Paul D. Martin and June M. Martin, his wife; thence by lands now or formerly of Paul D. Martin and June M. Martin, South 19 degrees 15 minutes 00 seconds Bast, 5583 feet to a point at the northern side of said Stone Church Road; thence by the northern side of Stow Church Road, South 70 degrees 45 minutes West, 58.85 feat to a pip; thence by the northern side of Steve Church Road on a radius of 1,600.65 feet, a distance of 91.15 feet to a point at the southeast comer of Lot No. 7, the point and place of beginning. Being all of Lot No. 6 of the Subdivision Plan for Irvin L. Nailer and Violet R Nailer, his wife, recorded in Cumberland County Plan Book 35, Page 113. Being the same property conveyed to John D. Hackman and Melanie K. Hackman, husband and wife, by Special Warranty Deed dated February 28, 2005, of record in Book 267, Page 3900, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Also, being the same property PREVIOUSLY conveyed to John F. Jones and Terry L. Jones, husband and wife, by Deed dated October 13, 1992, of record in Deed Book X, Volume 35, Page 990, in the Office aforesaid. Being the same property commonly known as: 150 Stone Church Road, Carlisle, Pennsylvania 17013 Tax ID No.: 29-05-0423-012 be recorded ;7a;., County PA i ler of Deeds OK 1945PG2062 Sty (n . h w .n N o o 4 SHERIFF'S RETURN - REGULAR A. It . CASE NO: 2008-05802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS HACKMAN JOHN D ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HACKMAN JOHN D the DEFENDANT , at 0015:05 HOURS, on the 3rd day of October , 2008 at 150 STONE CHURCH ROAD CARLISLE, PA 17015 by handing to MELANIE HACKMAN WIFE OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge n loll 31o r 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: R. homas Kline 10/07/2008 MCCABE WEISBERG CONWA By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR r .* CASE NO: 2008-05802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS HACKMAN JOHN D ET AL MARK CONKLIN Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE HACKMAN MELANIE K was served upon DEFENDANT at 150 STONE CHURCH ROAD CARLISLE, PA 17015 by handing to MELANIE HACKMAN DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. the at 0015:05 HOURS, on the 3rd day of October , 2008 Sheriff or Deputy Sheriff of Sheriff's Costs: Docketing Service Affidavit Surcharge Jo //)/of 9- 6.00 .00 .00 10.00 .00 16. 00 So Answers: yes 4,?sL R. Thomas Kline Sworn and Subscibed to before me this day 10/07/2008 MCCABE WEISBER?G7CONWA / By: Deputy She of A. D. David 1D. Bueff Prothonotary Kirks. Sohonage, ESQ Solicitor Wfnee X Simpson 1" Deputy ftothonotary Irene E. Morrow 2"d Deputy Trothonotary office of the 1tothonotary cum6erfand County, Tennsyfvania in e -,580 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 9 Carlisle, PA 17013 • (717)240-6195 9 F`ax (717 240-6573