The URL can be used to link to this page

Home My WebLink About09-0160 McCABE, 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 Countrywide Home Loans Servicing, L.P. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 v. William B. McCommon 624 Mountain Street Summerdale, Pennsylvania 17093 Dora McCommon 624 Mountain Street Summerdale, Pennsylvania 17093 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number t~~' G~~~ ~(~(/I ~ ~~~ 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 time veinte (20) dies de plazo al partir de la fecha de la demanda y la notificacion. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defenses o sus objeCiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidits y puede continuer 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare 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 Countrywide Home Loans Servicing, L.P., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is William B. McCommon, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 624 Mountain Street, Summerdale, Pennsylvania 17093. 3. The Defendant is Dora McCommon, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 624 Mountain Street, Summerdale, Pennsylvania 17093. 4. On September 15, 2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for Chapel Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1882, Page 2904. 5. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Chapel Mortgage Corporation to Countrywide Home Loans Servicing, L.P., by Assignment of Mortgage which wilt 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 624 Mountain Street, Summerdale, Pennsylvania 17093. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 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 $ 105,181.53 Interest through January 12, 2009 $ 4,374.52 (Plus $19.36 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 211.32 Corporate Advance $ 15.00 GRAND TOTAL $ 111,052.37 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 ofDelinquency 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 $111,052.37, together with interest at the rate of $19.36 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. BY: ~~1 r %~ i i ~ ~ , Attorneys for ~Yaintiff TERRENCE J. McCABE, ESQUIRE MARL 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. BY: Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE . >. r~ >~~ G W~ 'This Instrument Prepared By: After Recordin Return'To: CHAPEL MO~TGAGE CORPORATION 593 RANCOGAS ROAD P.O. BOX 550 RANCOCAS NEW JER~EY 08073-0550 Loan NLUn{~er: 55526341 Uniform Parcel Identi#3er Number: 0 9-11- 3 0 0 6- 0 2 2 MIN:1000534-0055526341-3 DEFINlT10N5 MORTGAGE Words used in muIUple sections of this document are detlned 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 Secflon 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 15, 2004 ,together with all Riders to this document. (B) "Borrower" is WILLIAM B . MCCOMMON AND DORA MCCOMMON, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage ElecUonic Registration Systems, Inc. HERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MFRS is organized and existlng under the laws of Delaware, and has an address and telephone namber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. (D) "Lender" is CHAPEL MORTGAGE CORPORATION Lender is a NEW JERSEY CORPORATION and existing under the laws of NEW JERSEY Lender's address is 593 RANCOCAS ROAD, 08073-0550 organized P.O. BOX 550, RANCOCAS, NEW JERSEY Borrower Initials• ~ h+. j'~ PENNSYLVANIA-Stngte Enmity eu~raotu~r aaas~~sea Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -HERS ~yyp, d~m~,/o c~ Form 3039 01/01 Page 1 of 16 8K 1882PG294~4 c~ 6o5raoo~{ •R08ERT P, ZIE~LER REOORDER OF DEEDS ruri~r_R>,a~D couMTY-~~ ?.009 SEP 30 Phi 12 `16 ~i 619 98g512~0g I ggi 081 jSpace Above This Line Fvr Recording Dotal Exhibit A .. ~ (E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 15, 2004 The Note states that Borrower owes LenderONE HUNDRED TEN THOUSAND AND 00/ 100 Dollars (U.S. $110, 000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2034 , (F') "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (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 Wis Security Instrument, plus interest. ~ "Riders" means aII Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ Other(s) [specify] ^ 1.4 Family Rider ^ Biweekly Payment Rider m "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law} as well as all applicable final, non-appealable judidal opinions. (,J) "Community Association hues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower ar the Property by a condominium association, homeowners association or similar organization. ~ "Electronic 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 instrument, computer, or magnetic tape so as to order, instruct, or authorize a tlnandal institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated cleazinghouse transfers. (L) "Escrow Ytems" means those items that are described in Section 3. ~ "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: (i) damage to, or destruction of, the Property; {ii) condemnation or other taking of all or any part of the Property; (iii) comeyaace in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. ~ "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) prlndpal and interest under the Note, plus (ii) any amounts under Section S of this Security Instrument. {P) "RESPA" means We Real Estate Settlement Procedures Act (12 U.S.C. §2801 et seq.) and its implementing regulation, RegulaEion 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 restrictlons that are imposed in regard to a "federally related mortgage loan" even iP the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q} "Successor in Interest of $orrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligaEions under the Note and/or this Security Instrument. Borrower Initials: ~ Y~i. j,~~~ PFIdNCVI Ve1111A_ ec....i.. c_...".. Form 3039 INSTRUMENT • MERS Page 2 of 16 aoaeearsez 8!{1882PG29~5 ., r TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants az-d agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee far Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described properly located in the COUNTY of CUMBERLAND Clype of Rarording,IurisdictianJ blame of Recording JwisdlctioaJ . MIN #100053400555263413, TOWNSHIP OF EAST PENNSBOROr COUNTY OF ATTABCHEDNDTHISRISLINTENDED3T06BE2A~FIRSTLI,IEN ONSTHEPWITHIN DESCRIBED PREMISES. A.P.N. #: 09--11-3006--022 which currently has the address of 624 MOUNTAIN STREET EAST PENNS130R0 TOWNSHIP ,Pennsylvania 17 0 93 ~Streeq pro (~~] (" party Address"): [Zip Cade] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal tide to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Leer and Lender's successors and assigns) has the right: to exercise any or all of those interests, iadudiag, but not limited to, the right to foredose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the Utle to the Property against all dalms and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Leader covenant and agree as follpws: 1. Payment of Prindpal, 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 Borrower Initials:.~7~r~ . ~7 ~JI2 G PENNSYLVANIA--Single Family 8~ eoo.a~arsez Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS yyyw docme~iacom Forth 3039 01/07 Page 3 of 16 6K 18 8 2 PG 2 9~0~~6 charges due under the Note. Borrower shall also pay funds for Escrow Items pursuatrt to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. Hdwever, )f any check or other instrument received by Lender as payment under the Note or this Security InstrumenC is returned to Lender unpaid. Lender may require that airy or alI subsequent payments due under the Note and this Security Instrument be made in one or more of the fallowing 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 insured by a federal agency, instrumentality, or entity; or (d} Electronic Funds Transfer. Payments are deemed received 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. Leader may return any payment or partial payment if We payment or partial payments are ipsufHdent to bring the Loan current. Lender may accept any Payment or partial payment insuffident to bring We Loan entrant, without waiver of any rights hereunder or preJudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments aze accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on unapplied funds. Lender t~tay hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so' within a reasonable period of time, Lender shall either apply such funds or return them to Borrower, If not applied earlier, snch funds will be applied to the outstanding prindpal balance under the Note immediately prior to foredosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Nate and this Security Instrument or performing the covenants and agreennents secured by this Security Instrument. 2. Appifcation of Payments or Proceeds. Except as otherwise described in this Section 2, aU payments accepted and applied by Lender shall be applied in the folIowIng order of priority: (a) interest due under the Note; (b) prindpal due under the Note; (c) 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 charges, second to arty other amounts due under this Security Instrument, and Wen to reduce the prindpal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Paymetrt which includes a sufficient amount to pay any Iate charge due, the payment may be applied to We delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to We repayment of We Periodic Payments if, and to We extent that, 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 more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and Wen as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone We due date, or change We amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on We day Periodic Payments are due under the Note, undi We Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a} taxes and assessments and other items which can attain griority over this Security Instrument as a Lisa or encumbrance on the Property; (b) leasehold payments or ground rents on We Property, if arty; (c) premiums for arty and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance wiW the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during We term of ~lte Loan, Lender may require Wat Community Association Dues, Fess, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender alI dotices of amounts to be paid Harrower initials: ~~h,_ ~' 'ZI2~i PENNSY~VANtA-Single Enmity ~ eoo•e+arsez Fannie Mae/Freddte Mac UNIFORM INSTRUMENT • MERS K,yyrr,.~ma~e.~ Form 3039 01/01 Page 4 of 16 BK1882PGZ90-7 under this Section. Borrower shall pay Leader the Funds for Escrow Items unless Lender waives 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 Escrow Items at any time. Arty such waiver may only be is writing. In the event of such waiver, Borrower shall pay directly, when and where payable, We amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires. shall furnish to Lender receipts evidemdng such payment within such time period as Lender may require, Borrower's obligation to make snch palyments and to provide receipts shall far all purposes be deemed to be a covenant and agreement c~orttained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Estxow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Leader all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount {a) sufficient to permit Lender to apply the Funds at the time specified under It1;SPA, and (b) not to exceed the maximum amount a lender 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 Escrow Items or oWerwlse ht accordance with Applicable Law. The Funds shall beheld 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 insured) or in any Federal Home Loan Bank. Lender shall apply We Funds to pay the Escrow Items no later than the time specified under RFSPA. Lender shall not charge Borrower for bolding and applying the Funds, annuaAy analynng the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid oa the Funds. Leader shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If Were Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for We excess funds in accordance wiW 1tBSPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by R.ESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RBSPA, but in no more than 1Z monthly payments. If Were is a defidency of Funds held in escrow, as defined under RESPA, Leader shall notify Borrower as required by 128SPA, and Borrower shall pay to Lender We amount necessary to make up We defidency In accordance with 12ESPA, but bn no more than 12 montltly payments. Upon payment in full of all sums secured by Wis Security Instrument, Leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on We Property, if any, and Community Association Dues, Fees, and Assessments, if any. To We extent that these items are Escrow Items, Borrower shall pay Wem in the manner provided in 5ectiott 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to We payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests Ure Iien in good faiW by, or defends against enforcement of the lion in, legal proceedings which in Lender's opinion operate to prevent We enforcement of the lien Borrower Initials: (O~ iM,. ~!J?C PENNSYLVANIA-Single Fam11lIyy a eaae~ar3eZ Fannie Mae/Fn:ddie Mac UNIFbRM INS7RUMEN7 -MFRS N,x,W d~~,~ ~n Forth 3039 01/Oi Page 5 of 16 sx~88zPC29o:a while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinatlng the lien to this Security Instrument, If Leader determines that any part of the Property is subject to a lien which can attain priority peer this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date pn 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 topay aone-time charge for a real estate tax verification and/or reporting service used by Lender in connection wiW this Loan. 5. Progeny Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property hooted against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but mot limited to, earthquakes and floods. for which Lender requires insurance. This insurance shall be maintained in 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 carNer providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- timecharge for flood zone determination, certification and tracking services; ar (b) a one-time charge•for flood zone determination and certification services and subsequent charges each time remappings ar similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection wiW the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's optlon and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Amy amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. 'These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional Loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, 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 mortgagee and/or as an additional loss Payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or mot the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insekrance proceeds until Lender has had an opportunity to inspect such property to ensure We work has been completed to Lender`s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement Borrower Initials: ~ •~~Yl C- PEIVNSYIVANfA-Stngte Famiy eUi~ao~a soaetaraez Fannie Mee/Freddia Mac UNIFORM INSTRUMENT - MERS wrvuvdocmag/c,com Form 3039 Q1l09 Page 6 of 16 8K1882PG2989 is made is waiting or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest ar earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shat! be the sole obligation of Borrower. If We restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall' be applied to the sums secured by this Security Instrument, whether 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 tile, negotiate sari settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender 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 Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to airy insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) anyother of Borrower's rights (other Wan the right to any refund of unearned premiums paid by Borrower) under all insurance polides covering the Property, insofar as such rights are applicable to the coverage of the Property, Lender may use We insurance proceeds eiWer 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 Borrower's principal residence within 60 days-ailer the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspection. Borrower shall not destroy, damage or impair the Property, allow We Property to deteriorate or commit waste on the Property. WheWer or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent We Property from deteriorating or decreasing in value due to its coadItton. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair We Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection wiW damage to, or We taking of, the Property, Borrower shall be responsible for repairing or restoring We 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 We work is completed. If the insurance or condemnation proceeds are not suffldent to repair or restore the Property, Borrower is not relieved of Borrower's obligatton for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspeM We interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection spedfying such reasonable cause. S. Borrower's Loan Applica6lon. Borrower shall be in defaWt 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 wiW material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of We Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Undor this Security Instrument, If (a) Borrower fails to perform We covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding is bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may Borrower Initials: ~-~_ 9%f~ ~hC~ PENNSYLVANIA-Sincc~e Familyy ~ a 79~ Fannie Mae/Freddie Nfac UNiF~RM INSTRUMENT -MFRS uvuvovdocrnagic.com Form 3039 01MJ7 Page 7 of 16 BK1882PG2910 attain prIorIty over this Security Instrument or to enforce laws or regalations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable ar appropriate to pt'otect Lender's interest in the Properly and rights under this Security Instrument, including protectir-g and/or assessing the value of the Property, and securhtgand/or repairing the Property. Lender's actions can include, but are not liboited to: (a) paying any sums secured by a lien which has priority over this Security InstrutneM; (b) appearing in court; and (c) paying reasoaable attorneys' fees to protect ifs interest in the Property and/or rights under this Security Instrument, including its secured position is a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering We Property to make repairs, change locks, replace ar board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utllities turned on or off. Although Lender way take action under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no ]iabllity for not taking any or all actions authorized under this Sectian 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Harrower secured by this Security Inctntment, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable. with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with aI1 the provisions of the ]ease. If Borrower acquires fee tltle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in wrltiag. 10. Mortgage Insurance. 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 We mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to We Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Horrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. 1£ substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of We separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain Wese payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such Toss reserve shall be non-refundable, notwithstanding 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 reserve, Lender can no longer require 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 availabh:, is obtained, and Lender requires separately designated payments toward the premiuws for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends 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 is 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 Loan as agreed. Borrower is not a party to the Mortgage Insurance. 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 terms and conditions that are satisfactory to We mortgage insurer and the other party (or parties) to these agreements. These Borrower Initials: ~_ ~~~ PENNSYt.VANIA-Sin~Ie Family ~Jinvapo~e eaoets.tsez Fannie Cigae/Freddie IViac UNIFORM INSTRUMENT - MERS avww.docmag~awra Form 3039 01/01 Page 8 of 16 8K ! 882PG29 ! ! s , agreements may require the mortgage insurer to make payments using any source of frtnds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums), As a result of these agreements, Lender, any purchaser of the Note, another hitsiuer, any reinsurer, airy other entity, or any affiliate of any of the foregoing, may receive (directly or indh~ectiy) amounts that derive from (or might be characterized as) a portion of Borrower's payments far Mortgage Insurance, in exchange for sharhrg or modifying the mortgage insurer's risk, or redudng losses. If such agreement provides that an si~iliate of Lender takes a share of the insurer's risk in exdrartge for a share of We premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amoutnt Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will nat affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the rlgbt to receive certain disclosures, to request and obtain cancellation of the Mortgaage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of We Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and reslaralioa period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property ro ensure the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration iA a single disbursement or in a series of progress payments as the work 1s completed. Unless an agreement is made in wrltlng or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender 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 lessened, the Miscellaneous Proceeds shall be applied to We saws secured by this Security Instrument, whether or trot then due, with the 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, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with We excess, if any, 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 is value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the paztial taking, destruction, or loss in value divided by (b) the fair market value of the Properly immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. Tn the event of a partial taking, destruction, or loss is 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 taking, destruction, or loss in value, unless Borrower and Lender otherwise Borrower ini8als: ~1a7 V~. ~, -,C~. PENNSYLVANI/4-Singto F~rdtyy Uvcltsagfc~mroaa soa~araez Fannie MselFreddle Mac UNIFaRM INSTRUMENT - MERS y„~,w ~„~,~, Form 3039 01101 Page 9 of 16 BK 1~882PG.29 !~2 agree in wilting, the Miscellaneous Proceeds shall be applied to We sums secured by this Secuilty Instrument whether or not the sums are then due. Jf the Property is abandoned by $orrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined In the next sentence} offers to make an award to settle a claim for damages, Borrower fans to respond to Lender withbr 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscxllaneous Proceeds either to restoration or repair of the Property or to the sums secured by this, Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action is regard to Miscellaneous Proceeds. Borrower shall be in default if any action or pmceeding, whether civil or crirrrir~l, is begun that, in Lender's judgment, could result is forfeiture of the Property or older material impairment of Lender's interest !rr the Property or rgghts under this Security Instrument. Borrower can cure such a default and, if acceleration bas occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed whh a ruling that, le Lender's judgment, precludes forfeiture of We Properly or other material impairment of Lender's interest iu the Property or rights under this Security Instrument. The proceeds of arty 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 Miscellaneous Proceeds that are not applied to restoration or repair of We Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modlficatlon of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liabllity of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to exterKt time for payment or otherwise modify amortization of the sums secured by this Secuilty Instrnsnent by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without Yimitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less Wan the amowrt then due, shall not be a waiver of or preclude the exercise of any ilght or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Harrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Jnstrument only to mortgage, grant and convey the co-signer's interest in We Property under We terms of this Secuilty Instrument; (b) is not personally obligated to pay the sums secured by Wis Security Instrument; and (c) agrees War L,ernler and any older Borrower can agree to extend, modify, forbear or make nay accommodations wild regard to We terms of this Security Instrument or We Note wIWout the co-signer's consent. Subject to the provisions of Section I8, 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 benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under Wis Security Instrument unless Lender agrees to such release in wilting. 'The covenants and agreements of this Security Instrument shall bins (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in We 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 shag not be construed Borrower Fnitlals:.~-~_ ~/'PI ~' G PENNSYLVANIA--Singte Faml ~ aoaesarasa Fannie Mae/Freddie Mac UNIF~RM INSTRUMENT - MERS rvwuv.docmagk com Form 3039 5)1/01 Page 10 of 16 8K 1882PG29 I~ 3 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 charges, and that law is finally interpreted so that the interest or other Ioan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shad be reduced by the amount necessary to reduce the charge to the permitted Bruit; and (b) 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 awed under the Note pr by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will canstitute a waiver of any right of action Borrower might have arising nut of such overcharge. I5. Notices. All notices given by Borrower or Lender in connection with this Siecurity Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any ane Borrower shall constitute notice to all Borrowers unless App cable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by noflce 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, then Borrower shall only report a change of address through Drat specified procedure. There may be only one designated notice address under this Security Instrument 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 herein unless Lettder has designated another address by notice to Borrower. Any noflce io connectian with this Security Instrument shall not be deemed to have been given to Lender until factually received by Lender. If any noflce required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement wlll satisfy the con'espanding requirement under this Security Instrument. iii. Governing Law; Severability; Rules of Construction. This Security Instrument shall be goveraed by federal law and the law of the jurisdiction in which the Property is located. All rights. and obligations contained in this Security Iasttumettt are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow We parties to agree by contract or it might be silent, but such silence shall not be constraed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument 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 effeM without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall wean and include the plural and vice versa; and (c) tine word "may" gives sole discretion without arty obligation to take any action. 17. Borrower's Copy. Borrower shall he given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of Utie by $orrower at a future date to a purchaser. If all or arty part of the Property ar any Interest in the Property is sold or transferred {or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate gayment in full of all sums secured by this Security Instrttmment. However, this option shall not be exercised by Lender if such exerdse is prohibited by Applicable Law. Borrower Initials: ~-.) ky~ ~ ~ C PENNSYI.VANIA~Sin a Fanii{y lyochlearrctrb+epo~noa ~sarssz Fannie MaeiFreddie t~ac UNIFORM INSTRUMt:NT • MER5 ry~,y docros~o corn Form 3039 01/01 Page 11 of 76 8K 1882PG29 ~! 4 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Iess 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 Instrument. If Borrower fails to pay these hums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument witfiout further notice or demand on Borrower. 19. Bor'rower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to Dave enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a} five days before sale of the Properly 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 enforcing this Security Instrument. Those conditions are that Borrower: (a) pays bender 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 agreements; (c) pays all expenses incurred in enfordng this Security Ynstrument, including, but not Waited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Sectuity hhstrument; and (d) takes each 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 Lutrumeht, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or~more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) ce~ged ~~, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a Peileral agency, instrumentality or entity; or (d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply la the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with Ibis 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. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Nole. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information 1ZESPA requires in connection with a notice of transfer of servidng. If thb Note is sold and thereafter the Laan is serviced by a Loan 5ervicer older than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purdutser. Neither Borrower nor Lender may commence, join, or be johu:d to any Judicial action (as either an individual litigant or ti-e member of a class) that arises from the other party's actions pursuant to this Sectuiry Instrument or that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a lime period which must elapse before certain action can be taken, that time period wW be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration 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. Borrower Initials: ~_ ~} G PENNSYLVANIA--Single Family eao-ors-tssz Fannie MaelFreddle Mac UNIFORM INSTRUMENT . MERS rye docmagtc.com Form 3039 01!01 Page 12 of 16 BK~882PG2.8~5 f , L 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" aze those substances defined as toxic or hazardous substances, pollutants, or 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 oPthe jurisdiction where We Property is located that relate to health,safety- or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Em+ironmenial Law; and (d) an "Environmental Condition" means a condition that can pose, conMbute to, or otherwise trigger an EmIronmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or releases of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shah not do, nor allow anyone else to do, anything affecting the property (a) that is in violation of nay 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 sentences shall not apply to the presence, use, or storage on We Property of small quantities of Hazazdous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (i~lciuding, but not limited to, hazardous substances in consumer products}. Borrower shall pramptiy give Lender written notice of (a} any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party imolviag 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, Ieaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use ~ release of a Hazardous Substance which adversely affects the value of the Property, If $orrower Iearns, or is notified by any governmental or regulatory auWorlty, or any private party, that any removal or other remediation of airy Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Envirorunental Law. N~atidng herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration 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 otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cued; and (d) that failure Eo cure the default as specliled may result iu acceleration of the some secured by this Security Instrument. foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower m acceleration and foreclosure. It'the default is not cured as specifted, Lender at its option may require immediate payment in foil of all sums secured by this Security Lutrument without further demand and may foreclose this Security Instrument by jpdiclal proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided ~ this Section 22, including, but not Waited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender she/! discharge and satisfy this Security Instrument. Borrower shalt pay any recordation costs. Lender may charge Borrower a fee for releasing this Borrower Initials: ~~` ~~~~.~i< ee.,.,cv,....,.. .__._ .. .. Fannie Mae/Freddle N7ac UN1F`lSRM INSTRUMENT • MFRS Form 3038 01/01 Page 13 oP 16 80d6t8.1382 BK~t882PG29tb 'r ` . Security Instrument, but only if the fee is paid to a third party for services rendered and We charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error 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 shaIl extend to one hour prior to the commencement of bidding at a sheriff's sale or ocher sale pursuant to this Security Instrument. 26. Purcha~ Money Mortgage. If any of the debt secured by this Security Insh~umeM is lent to Borrower to acquire title to We Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or is an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNIIVG BBLOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ~'/'~1~ ,14 iii ~nr~., t~ (Seal) WILLIAM B . MCCOMMON -Borrower jiJ (r^"" ~ c ~'wt ~-~ (Seal) DORA MCCOMMON -Borrower _,. (Sean -Borrower {Seal) -Borrower witness: {Sean -Borrower Witness: - (Seal} -Borrower PENNSYl.VA1ViA--Single Family p~~ ~a~9~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS ri,~,~~~,~m Form 3039 01/Oi Page 14 oP 16 8K 1~882P62~~ f 7 T ~ ~ ~ 1 .r ~ ! COMMONWEALTH OJF'PENNSYLVANIA ) COt]NTX OF ~~"~- ~ SS: On this the /,~~` day of ~~ ~' ~oa~ ,before me, ~~,,. ~ ~~,c,r~,h the undersigned officer, personally appeared WILLIAM B . MCCOMMON, DORA MCCOMMON known to me (or satisfactorily proven) to be the person{s} whose name(s) is/are subscribed to the withia instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and of$cial seals. Signature ~~ ~w~~ Title of Officer {Notary's Stamp and Embosser) My commission expires: NOTARIAL SEAL. JOHN E. BUNN, Notary Publtc Esat Manohester 1Vvp., York Courtly My Commission expires 8ept.19, 200b PENNSYLVANIA--Singgto F~n~y ~*a~~ Fannie MaelFreddie Niec UNIFORM INSTRUMENT - MERS w~ dodmgk coon Form 3039 Ot/01 Page 15 of 16 BK I~ 8 8 2 PG ~2~ 9~ 18 v s ,. . , ~ Certificate of Residence of Mortgaeee The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named In the within instrument; and (ii} Mortgagee's precise residence is: 593 RANCOCAS ROAD, P.O. BOX 550, RANCOCAS, NEW JERSEY 08073-0550 Witness my hand this ~ day of ~ ~ p~y`''' +0 "~-~ t ~ ® ! ~~ 1 T Certify this to be recorded In Cumberland County p,A ~; . ~.., ;' /rT'r , 1t'w• ;r f' S' .'1~`. Recorder of.beeds PENNSYLVANIA-Sinsale Family ~~y~ a~~ Fannie MaelFraddie ac UNIFORM INSTRUMENT - MERS ~ ~,~,~,rt Forth 3038 01101 Page 16 of 16 Blt { 882PG29 !.9 'i~pe or Prhd Name of Mortpgee or Mortgagee's butt' Anihorized Attorney ar Agab ~.,/~ ~ ~ A L d Stewart Title Guaranty Company Commitment Number: 2004090073COL SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL that certain tot or parcel of ground situate in the Township of East Pennsboro, County of Cumberland and State of Pennsy{vanla, more particularly bounded and described as follows to wlt:- t3EGINNlNG at an iron pin at the southeast comer of Public Road and an unnamed street; thence North sixty-one (61) degrees fifteen (15) minutes East ninety and one tenth (90.1) feet along the southern line of said public road to and iron pin at line of ocher (ands of the Grantors; thence South Thirty-eight (38) degrees East Two Hundred Nine (109) feet along said other lands of the Grantors b an iron pin in the Northerly line of a fifteen (15) foot alley; thence along the Northerly line of said alley South Sixty-one (81) degrees Fifteen {15) minutes West Ninety and one tenth (90.1} feet to an iron pin at the northeast comer of said fifteen (15) foot alley and the above mentioned unnamed street; thence along the said unnamed street North Thirty-eight {36) degrees West town hundred nine (209) feet to an iron pin, the place of BEGINNING. Having thereon erected a one story frame dwelling house and single car garage. Parcel Number 09-11-3006-022 ALTA Commitment Schedule C (2004080073COL.PFD12004080073COLl22) BK1882PG2920 ~., v~ '~ Q ~,. ~~. °~, Q, ;~ .~ ~~~-~ ~.~. ;~ x~ ~~: r~~ ~iR. w a s h McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. No. 09-CV-0160 WILLIAM B. McCOMMON -and- DORA McCOMMON Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP (hereinafter referred to as "BAC HOME LOANS"), by and through its attorneys, McCabe, Weisberg & Conway, P.C., now moves this Honorable Court for summary judgment against defendants WILLIAM B. McCOMMON and DORA McCOMMON and in support thereof alleges as follows: 1. Plaintiff BAC HOME LOANS is a limited partnership duly organized and doing business at 1800 Tapo Canyon Road, Simi Valley, CA 93063. 2. Defendant DORA McCOMMON is the last record owner and resident of the mortgaged property at 624 Mountain Street, Summerdale, PA 17093. 3. On September 15, 2004, defendants made, executed, and delivered a mortgage to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and agent for Chapel Mortgage Corporation upon the above premises, which mortgage is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Mortgage Book 1882, page 2904. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "A". 4. The premises encumbered by the subject mortgage is all that certain real property and improvements in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, being known as 624 Mountain Street, Summerdale, PA 17093 and being more fully described in the mortgage attached hereto as Exhibit "A". 5. Also, on September 15, 2004, defendants executed and delivered to CHAPEL MORTGAGE CORPORATION a Promissory Note, whereby defendants promised and agreed to pay to CHAPEL the loan amount of $110,000.00, plus interest, in 360 monthly payments of $704.34 each commencing on November 1, 2004 and continuing on or before the ls` day of each succeeding month with a final payment due on or before October 1, 2034. See Exhibit "B." 6. On January 12, 2009, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and agent for Chapel Mortgage Corporation assigned all of its right, title and interest in the aforesaid Mortgage to COUNTRYWIDE HOME LOANS SERVICING, LP, by Assignment of Mortgage duly recorded in the Office for the Recorder of Deeds in and for Cumberland County as Instrument Number 200905754 and attached hereto as Exhibit "C". The said Assignee COUNTRYWIDE HOME LOANS SERVICING, LP is now known as BAC HOME LOANS SERVICING, LP, the plaintiff herein. 7. On or about January 13, 2009, plaintiff commenced this action by the filing of a complaint in mortgage foreclosure. See Exhibit "D". 8. On March 10, 2009, plaintiff filed a Suggestion of Death noting of record that defendant William B. McCommon departed this life on January 23, 2008 whereupon title to the subject property vested solely in defendant DORA McCOMMON by operation of law. See Exhibit "E". 9. On March 11, 2009, defendant filed her Answer and New Matter to plaintiff's Complaint. See Exhibit "E". 10. On March 18, 2009, plaintiff filed its Reply to defendant's New Matter. See Exhibit "F" 11. Additionally, on March 17, 2009, plaintiff served on defendant's counsel a Request for Admissions (See Exhibit "G") and defendant has not responded to such Request For Admissions. 12. Plaintiff sent notices to defendant under Acts 6 and 91 and defendant has admitted having received such notices. See Exhibit "E", paragraph 9. 13. The Complaint, and Affidavit of Mary Kist, plaintiff sVice-President attached hereto and incorporated into this Motion, as Exhibit "H", sets forth the exact amount that defendant owes to plaintiff, and defendant has not come forth with any supportable information to rebut this allegation. 13. The payment history and PromissoryNote evidencing the interest charged to the defendant are part of Exhibit "H" and are likewise unrebutted with any supportable information. (See Exhibit "H"). 14. The attorney's fees and costs, as requested by plaintiff in the Complaint, are reasonable, and are in conformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchase at Sheriffs Sale. 15. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 16. There are no issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendant. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor ofplaintiffBAC HOME LOANS SERVICING, LP and against defendant DORA McCOMMON and enter judgment against defendant in the amount of $113,708.87, together with interest at a rate of $19.09 per diem from May 1, 2009 until the entry of judgment, plus costs and interest from the date of judgment as provided by law and for such other and further relief as the Court shall deem to be just and proper. Respectfully submitted, McCABE, WEISBE ~c CONW P. C. l BY: ANDREW L. WITZ, ESQUIRE Attorney for Plaintif EXHIBIT "A" ,3. ;~ ~~~g~~ ., ~~ G ~ fj~ This Instrument Prepared By: After Recording Return To: CHAPEL MORTGAGE CORPORATION 593 RANCOCAS ROAD, P.O. BOX 550 RANCOCAS NEW JERSEY 08073-0550 Loan Num{~er: 55526341 Uniform Parcel Identifier Number: 0 9-11-3 0 0 6-0 2 2 MIN:1000534-0055526341-3 DEFINITIONS MORTGAGE Words used in multiple sections of this document are defined below and other words arc 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) "SecurItyInstrument" means this document, which is dated SEPTEMBER 15, 2004 ,together with all Riders to this document. (B) "Borrower" is WILLIAM B . MCCOMMON AND DORA MCCOMMON, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Eieclronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. HERS is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-HERS. (D) "Lender" is CHAPEL MORTGAGE CORPORATION Lenderisa NEW JERSEY CORPORATION and existing under the laws of NEW JERSEY Lender's address is 5 93 RANCOCAS ROAD, 08073-0550 organized P.O. BOX 550, RANCOCAS, NEW JERSEY Borrower Uiltials:.0~ ~+. j')/~~ PENNSYLVANIA-Single Family UocMaglc soaeaa-rssz Fannie Mae/Freddle Mac UNIFORM INSTRUMENT -MFRS wwur.docmagic.com Form 3039 01/01 Page 1 of 16 8K L 882PG290~4 NI~ANdN~IBIINmIVAplll~llp~~~IId~N [Space Above This Llne For RecordEng Data] Exhibit A s c ~ 605 raao~ ~R08ERT F. ZIE~GLER RECO DER OF DEEDS curiUr_r~>_,~ND cour~r~r-~~ ?.009 SEP 3p Pfd 12 ys .. ~ (E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 15, 2004 . The Note states that Borrower owes LenderONE HUNDRED TEN THOUSAND AND 00 / 100 Dollars (U.S. $ 110 , 0 0 0.0 0 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full nat later than OCTOBER 1, 2034 . (I~) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (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 tlris Security Instrument, p}us interest. (I-Y) "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]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ Other(s) [specify] ~] 1-4 FamIIy Rider ^ Biweekly Payment Rider (n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and admWsUrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (,j7 "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar OrganlZatiOn. (I~ "Elec#ronic 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 instrumenE, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I..) ")escrow Items" means those items that are described in Section 3. (~ "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: (i) 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. (1V) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" 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) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.k~.R. Pazt 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. (Q} "Successor 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. Borrower Initials: ~ ~. ~ ~ ~?~ PENNSYLVANIA--Single Family DOC114aglC elr'Q#D000.8 800-649-73@2 Fannle Mae/Freddie Mac UNIFORM INSTRUMENT - MERS wwuv.docrnaglacom Form 3439 0'1/07 Page 2 of 16 BK{882PG2905 't 7 TRANSFER OF RIGHTS 1N THE PROPERTY This Security InsUvment secures to Lender: (i} the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the COUNTY of CUMBERLAND (Type of Recording Jurisd{M{onj [Name of Recording jurLsdicUonj MIN #100053400555263413, TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, PARCEL #09-11-3006-022, SEE LEGAL DESCRIPTION ATTACHED. THIS IS INTENDED TO BE A FIRST LIEN ON THE WITHIN DESCRIBED PREMISES. A.P.N. #: 09--11-3006-022 which currently has the address of 62 4 MOUNTAIN STREET tStreetj EAST PENNSBORO TOWi~iSHIP ,Pennsylvania 17093 ("Property Address"): [City] [Zip Cadej TOGETHER WITH aU the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security instrument as the "Property." Borrower understands and agrees that MERS holds only legal Eitle to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns} has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right io mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM 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 Borrower inigais: k~ Tn~.. ~'• AJ ~1 G PENNSYLVANIA-Singte Family DOCIt?aglC ~i ~QI70~ 80Q-649~i362 Fannie MaelFreddie Mac UNIFORM 1NS7RUMEN7 -MERS uvvrrw.dacmagic.com Form 3039 01/07 Page 3 of 16 8K i 8 8 2 PG 2 9-0~~6 M 1 charges due under the Nate. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. 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 payments due under the Note and this Security Instrument be made in one or more of the fallowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified cheek, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received 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 payment or partial gayment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or preJudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such 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 unappIied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender 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 Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except 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; (b) principal due under the Note; (c) 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 charges, 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 sufficient amount to pay any Iate charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, 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 more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, ar Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of We Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender 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 amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums 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 Ume during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid Borrower IntUals: ~Q. ~ 1(i".~ 'ZI2G PENNSYt.VAN1A-Single Family DocMagtc eoo-saa-tss2 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS wwuv.docmagic.com Form 3039 Ol/01 Page 4 of 16 BK1882PG290-7 ~' , under Wis Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives 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 Escrow Items at any time. Any such waiver may only be in wilting. 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 Lender receipts evidencing such payment within such time period as Lender 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 Secuilty Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any Ume by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hald Funds in an amount (a) sufficient to permit Lender to apply the Funds at the Ume specified under RESPA, and (b) not to exceed the maximum amount a lender 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 Escrow 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 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 escrow account, or verifying the Escrow Items, uNess Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shalt be paid on the Funds. Lender shalt 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 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 deemed under RESPA, Lender shall 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 more than 12 monWly payments. If there is a deficiency 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 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 Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b} contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien Borrower Initials: ~~ i^'I- - ~J??C PENNSYLVANIA-Single Famliy DocrtA'ag(cC~waat 800.649-1362 Fahnie Mae/Freddie Mac UNIFQRM 1NS7RUMENT -MFRS wwuv.docmagic.com Form 3039 01/01 Paga 5 of 16 BK1882PG290`8 .~ a while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines 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 date on 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 aone-time charge for a real estate tax verifiption and/or reporting service used by Lender in connection wiW this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in 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 the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- timecharge for flood zone determination, certification and tracking services; or (b) a one-time charge'for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection wiW the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall became additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, 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 mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of Ions if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement Borrower Initials: ~~- -'1~~YI C- PENNSYLVANIA-Single Family DocMaglc Boo-6es-13sz Fannie Mae/Freddle Mac UNIFORM INSTRUMENT - MERS www.docmaglc.com Form 3039 d1/0'! Page 6 of 16 BK l 882PG2909 ,, is made in waiting or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether 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 from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender 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 Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums 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 insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property 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 principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall 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 from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the 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 completed. If the insurance 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 make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. 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 material information} in connection with the Loan. Material 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 Property and Rights Under this Security Instrument. If (a) Borrower falls to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may Borrower Initials: ~~_~:~_.__ ~ ~~ PENNSYLVANIA-Single Famil DocMaglC 80P849.7362 Fannie Mae/Freddle Mac UN1F~12M INSTRUMENT - MERS wwnv.docmagic.com Form 3039 Ot/01 Page 7 of 16 SK ! 882PG29 ! 0 attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instntment, 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 any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or othec code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorIxed under this Section 9. 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 date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of We lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Y0, Mortgage Ynsurance. If Lender required Mortgage Insurance as a condiBan 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 required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to We Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall benon-refundable, notwithstanding the fact that [he Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any Interest or earnings on such Ioss reserve. Lender can no longer require 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 premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends 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 Loan as agreed. Borrower is not a party to the Mortgage Insurance. 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 (heir risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These Borrower Initials: ~_ °~'~.~/ ~n~ PENNSYLVANIA-Single Family pocMagJc soaBa9.73sz Fannie Mae/Freddle Mac UNIFORM INSTRUMENT - MERS www.docmaglacom Form 3039 07/01 Page 8 of 16 8Ki88ZPG2911 3 . agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may bave 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 be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or redudng losses. If such agreement provides that an affdiate of Lender takes a share of the insurer's rLsk in exchange for a share of the premdums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (aj Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. Ail Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall he applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has bean completed to Lender's satisfaction, 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 an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender 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 lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, 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 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, 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 equal to or greater than the amount of the sums secured by this Security Instrument immediately hefore the partial taking, destruction, or loss in value, unless Borrower and bender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous 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 paztial taking, destruction, or lass 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 taking, destruction, or loss in value, unless Borrower and Lender otherwise Borrower Tnittals:.'~ ill PENNSYLVANIA--Singte Family vocMaglc 800.549-7362 Fannie Mae/Freddte Mac UNIFORM INSTRUMENT - MERS www.docmaglc.com Form 3039 07/01 Page 9 of 16 BK 1~882PG.2912 agree in 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 Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means 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 action or proceeding, whether dull or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property 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 Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. 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 Instrument granted by Lender to Borrower or any - Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without Iimitation, Lender's acceptance of payments 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; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrawerwho co-signs this Security instrument but does not execute the Note (a "co-signer"): (a} is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) 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, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section I8, 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 benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and Iliability under 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 benefit the successors and assigns of Lender. 14. Loan Charges. 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 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 riot be construed Botrower Initials: ~~,- ~/~ PENNSYLVANIA--Sfn le Family C)ocMag)C 600-649.736? Fannie MaelFreddie Mac UNIFORM INSTRUMENT - MERS wwuv.docmagic.com Form 3039 01!01 Page 10 of 16 8K 1882AG29 I~ 3 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 charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted ]units, then: {a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permuUed limit; and (b) 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 making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note}. Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in wilting. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice 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, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one tune. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any Halite required by this Security Instrument is also required under Applipble Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules 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 Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument 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 without the conflicting provision. As used in this Security instrument: {a) words of the masculine gender shall mean and include corresponding 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 Capy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial Interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, 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 Interest in the Property us sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment 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. Borrower Initials: ~J_, v~ _, ~j!~J iJjtC. PENNSYLVANIA-Single Family DOC1YfaglC rH'~ria WS45 8066x9.1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT • MERS wuvw.docmagle.com Form 3039 01/0'1 Page 11 of 16 BKt882PG29.y4 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Iess 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 Instrument. If Borrower fails to pay these 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 to Reinstate After Acceleration. If $orrower meets certain conditions, Borrower shall have the right to have enforcement of tlils Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such ocher period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c} entry of a judgment enforcing this Security Instrument. Those conditions are 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 aay default of any other covenants or agreements; (c} pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d} takes 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 continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses 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 insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument 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 i8. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more rimes 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 Instalment, and Applicable Law. There also might be one or more changes of the Loan Servicer unre}ated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, 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 Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Harrower will remain wiW the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither $orrower nor Lender may 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 Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with We requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. Tf 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 given to Borrower pursuant to Section 22 and the notice of acceleration given to B orrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. Borrower Initials: ~~ ~~ ~ e PENNSYLVANIA-Single Family LbcMaglc aaasas-rae2 Fannie Mae/Freddle Mac UNIFORM lNS7RUMEN7 - MERS wcvw.docmagic.com Form 3039 01!01 Page 12 of 16 8K ~ 882PG2.9 ~ 5 ' ~ . 21. Hazardous 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 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 heath, safety ar environmental protection; {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. Borrower shall 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 affecting 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 sentences shat! not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properly (including, but not limited to, hazardous substances in consumer products). Borrower sha]l promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other actloa 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, Ieaking, discharge, release or threat of release of any hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance 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 remediaflon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant ar agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure Eo cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in foil of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entstled to collect a4 expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Borrower Initials: -+y^~~ ~~~~s~~ PENNSYLVANIA-Single Famlty ~OClU73C,J~C ~t 800.649-1362 Fannte MaelFreddte Mac UNIFORM iNSTRUMEN7 - MERS wwuv.docmagic.com Form 3039 01/0'1 Page ~ 3 oP i 6 BKt882PG=2916 .~ ~ a , ~ 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 extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Jnstrument, 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 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 2S. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Properly, this Security Instrument shall be a purchase money mortgage. 27. Yr-terest Ra#e After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under We Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ~i'~t.e.~yl ,1,° ~it~ eom~t~l4i (Seal) WILLIAM B . MCCOMMON -Borrower Witness: ~. (Sean -Borrower .~ {Seal) -Borrower ICJ t~+..d ~ c t.io~-Y.. '~'„"°~-'_' (Seal} DORA MCCOMMON -Borrower (Seal) -Borrower (Seal) -Borrower Witness: PENNSYLVANIA-Single Family flOC1V1&ytCQ 800.649.1362 Fannie MaelFreddte Mac UNIFORM INSTRUMENT - MERS nvww.dacmagPc.com Forrn 3039 01/()i Page 14 of 16 BK1~882PG2-9 i7 t > ~+ i • j ~ COMMONWEALTH OF PENNSYLVANIA ) 5S; COUNTY OF ~~~ ) On this the /,~~ day of ~~~ ~ ~o'`~ before me, ~~,,. ~ ~t,~-~c.~ the undersigned officer, personally appeared WILLIAM B . MCCOMMON, DORA MCCOMMON known to me (or satisfactorily proven} to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. Signature ~~~~2~~ G Tide of Officer (Notary's Stamp and Embosser) My commission expires: NOTARIAL SEAL JOHN E. BUNN, Notary Public East Martchester'iVvp.,Ynrk County MY Commissfon Expires 5ept,19, 2005 PENNSYLVANIA--Stngle Family DOCMag/a r 800.649.1362 Fannie Mae/Freddle Mac UNIFORM INSTRUMENT - MERS wawi.docmaglacom Form 3039 01/01 Page 15 of 16 BK l 8 8 2 ~G ~2~ 9~ 18 , Certificate of Residence of Morttraaee The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named In the within instrument; and (ii} Mortgagee's precise residence is: 593 RANCOCAS ROAD, P.O. BOX 550, RANCOCAS, NEW JERSEY 08073-0550 ~Q.,w~,lo~c 2O® Witness my hand this ~ ~~' day of ~~', p t N v ~ e of Mortgagee or Morigagee's Duly Authorized orney or Agent Type or PrLd Name of Mortgagee or Mortgagee's only Authorized Attorney or Agent T Cel`Elfy this to be recorded Tn Cumberland County P,A t', '~,1~..- Recorder ofDeeds PENNSYLVANIA-Sin le Famlty t7ocMaglc eoo-casase2 Fannle MaelFreddie Mao UNIFORM INSTRUMENT - MERS trvww.docmagiacom Form 3039 01/01 Page 16 of 16 BK 1882~G29 !.9 •., " ~ k ~ • l Stewart Title Guaranty Company Commitment Number: 2004090073COL SCHEDULE C PROPERTY D1wSCRIPTION The land referred to in this Commitment is described as follows: ALL that certain lot or parcel of ground sikuate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows to wit:- BEGINNING at an iron pin at the southeast comer of Public Road and an unnamed streety thence North sixty-one (61) degrees fifteen (15) minutes East ninety and one tenth (90.1) feet along the southern line of said public road to and iron pin at line of other lands of the Grantors; thence South Thirty-eight (38) degrees East Two Hundred Nine (109} feet along said other lands of the Grantors to an iron pin in the Northerly line of a fifteen {15) foot alley; thence along the Northerly line of said alley South Sixty-one (61) degrees Fifteen (15) minutes West Ninety and one tenth (90.1) feet to an iron pin at the northeast comer of said fifteen {15) foot alley and the above mentioned unnamed street; .thence along the said unnamed street North Thirty-eight (36) degrees West town hundred nine (209) feet to an iron pin, the place of BEGINNING. Naving thereon erected a one story frame dwelling house and single car garage. Parcel Number 09-11-3006-022 AtTA Commitment Schedule C (2004090073COL.PFD/2004090073COL/22) BK1882PG2920 EXHIBIT "B" ~_ ~~~~ MIN: 1000534-0055526341-3 NOTE Loan Number: 55526341 SEPTEMBER 15, 2004 CAMP HILL PENNSYLVANIA [I3ateJ [City] (Stale[ 624 MOUNTAIN STREET, EAST PENNSBORO TGWNSHIP, PENNSYLVANLA 17093 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 110, 000.00 (this amount is called "Principal"), plus interesE, to the order of the Lender. The Lender is CHAPEL MORTGAGE CORPORATION, A NEW JERSEY CORPORATION I wlll make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note HoIder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.625 %. The interest rate required by this Section 2 #s the rate I will pay both before and after any default described in Section 6(B) of this Note. ' 3. PAYMENTS (A) Time and Place of Payments i will pay principal and interest by making a payment every month. I will make my monthly paymenE on the 1st day of each month beginning on NOVEMBER 1 , 2 O 0 4 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on OCTOBER 1, 2 03 4 . I still owe amounts under this Note, I will pay those amounts In foil on that date, which is called Ule "Maturity Date." I wlll make my monthly payments at 5 93 RANCOCAS ROAD, P . O . BOX 550, RANCOCAS, NEW JERSEY 08073-0550 ' or at a different place if required by the Note Bolder. (B) Amount of Monthly Payments My monthly payment will be In the amount of U.S. $ 7 0 4.34 ~4. BORROWER'S RIGHT TO PREPAY I have the r#ght to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will Eell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made alt the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder w#11 use my Prepayments to reduce the amount of Principal that T owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of We Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Ilolder agrees in writing to those changes. 5. LOARI CHARGES If a taw, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a} any such loan charge shall~lb/e re~d~u~ced by the amount necessary to reduce the charge to the permitted limit; Borrower Initials: 3~G~. uv' ~ %"~ MULTISTATE FIXED RATE NOTE-Singgle FsmT11yy OOCNfaglc eoae+aa3sa Fannie Mae/Freddie Mac UNIFORM iiVSTRUMENT ww~v.docmag/c.com Form 3200 1/07 Page 7 of 3 ~~ and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED {A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 _ 000 9'0 of my overdue payment of principal and interest. I wlll pay this lace charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately is full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given Eo me under this Note wlll be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice ti-at must be given to the Note Bolder under this Note wlll be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, utcluding the, promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person indivIdualiy or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given Eo the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed {the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep Borrower Initials• ~ 1 ~/~i.9aiG~ MULTISTATE FIXED RATE NOTE--Single Family DocMagJc 800.649-f362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT wuvw.dacmagic.com Form 3200 '110'1 Page 2 of 3 .~ the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all ar any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment 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, Lender shall give Borrower notice of acceleration. 'The notice sha]I 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 Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Secu~rityw~nstrument without further notice or demand on Borrower. WI NESS THE HAND(S~AIVD EAS L(S) OF THE UNDERSIGNED. ~7~~s~r~.n_ ~' *"~'€~t~zs r~~- (Seal) WILLIAM B. MCCOMMON -Borrower - (Seal) -Borrower PAY TO THE ORDER OF (Seal} -Borrower k/ `~'°~ 1^rt { c'am'-rv~-~w."°~'. • (Seal) DORA MCCOMMON -Borrower - (Seal) -Borrower (Seal) -Borrower WITHOUT RECOURSE H PEL MORTGAGE CORP R 1 N . E L'UPIt~ETTl, 1SST. Vl E iD lSlgn Original Only) MUlTf57ATE FIXED RATE NOTE--S{ngle Family OOCMagJC ~OW059 800-84A1361 Fannie Mae/Freddte Mac UNIFORM INSTRUMENT www_docmagic.com Form 3200 1 /01 Page 3 of 3 EXHIBIT "C" V 5~~" Prepared By: Samantha Emerson McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 C~~~ Record and Return To: McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Attn: Samantha Emerson . .... Parcel# 09=11-3006=022 ' . Loan Number: NI~'I ~n•,ib~ ~SPJF 3~~~~ Assignment of Mort a e Effective Date of Assignment: January 12, 2009 For Value Received, the undersigned holder of a mortgage, MFRS, Inc. as Nominee for Chapel Mortgage Corporation whose address is P.O. Box 2026, Flint, MI 48501 does hereby grant, sell; assign, transfer apd convey without warranties of any nature whatsoever and without recourse, unto Countrywide Home Loans Servicing, L.P. whose address is 1800 Tapo Canyon Road, Mail Stop #SV-1,03, Simi Valley; CA 93063 a certain Mortgage dated 09-15-2004 made and executed liy: William B. Mccommon and Dora Mccornmon upon the following described property situated in Cumberland County, Commonwealth of Pennsylvania: which has the •address of 624 Mountain Street, Summerdale, PA 17093 Parcel ID no: 09-11-3006-022 I do hereby certify that the precise address of Countrywide Home Loans Servicing, L.P. is 1800 Tapo Canyon Ro ,Mail Stop #SV-103, Simi Valley, CA 93063 Attested By: Mkall ~adtttlatt,-1STVICE PRESIU~~TT such Mortgage having been given to secure payment of $110,000.00, which Mortgage is of record in Book 1882, page 2904 of the Recorder of Deeds of Cumberland County, Commonwealth of Pennsylvania, together with the note(s) and obligations therein described, the money due and to become due thereon with interest, and all rights accrued or to accrue under such Mortgage. This Mortgage was recorded on 9-30-2004. TO HAVE AND TO HOLD, the Barrie unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above- described Mortgage. IN WITNESS WHEREOF, the undersigned Assignor has exe ted this Assignment of Mortgage on FE,~ 0 6 2D _. MERS, Inc. as No ine far el Mortg ge Corporation (Company) Signature: Date: C.arcie Lhinger, ]st i Presided, Title: a' ~ / Zj Q FORM OF CORPORATE ACKNOWLEDGEMENT State of ~~~~ ss: County of ~C~~~p~, On this da~~ ~ ~ 2Qa9 , 2t)~, before me the undersigned officer, personally ~R1e Ehinger iST VICE ~'RESIQEN'' appeared who acknowledged himself or herself to be the of MERS, Inc. as Nominee for Chapel Mortgage Corporation, and that he or she as such tST~CEIiREStd~ being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as ~sT vrcE PRESIDFM In witness whereof, I hereunto set my hand and official seal. ~~~~~ NOTARY PUBLIC .~~~ rr .,. `_\ MELISSA FLAtdAGl~N ~ ~ My Cn:nmission Exaires ~~ tJovember 17, 2009 ~~ ~~ .~~ ere~,~ '• ~rstAmerican 7it1e Insurance Compa.gy FTPA~3 SCHEDULE C File No. 2008-2375 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE iN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF PUBLIC ROAD AND AN UNNAMED STREET; THENCE NORTH SIXTY-ONE (61) DEGREES FIFTEEN (15) MINUTES EAST NINETY AND ONE TENTH (90.1) FEET ALONG THE SOUTHERN LINE OF SAID PUBLIC ROAD TO AND IRON PIN AT LINE OF OTHER LANDS OF THE GRANTORS; THENCE SOUTH THIRTY-EIGHT (38) DEGREES EAST TWO HUNDRED NINE (209) FEET ALONG SAID OTHER LANDS OF THE GRANTORS TO AN IRON PIN IN THE NORTHERLY LINE OF A FIFTEEN (15) FOOT ALLEY; THENCE ALONG THE NORTHERLY LINE OF SAID ALLEY SOUTH SIXTY-ONE (61) DEGREES FIFTEEN (15) MINUTES WEST NINETY AND ONE TENTH (90.1) FEET TO AN IRON PIN AT THE NORTHEAST CORNER OF SAID FIFTEEN (15) FOOT ALLEY AND THE ABOVE MENTIONED UNNAMED STREET; THENCE ALONG THE SAID UNNAMED STREET NORTH THIRTY- EIGHT (38) DEGREES WEST TWO HUNDRED NAVE (209) FEET TO AN IRON PIN, THE PLACE OF BEGINNING. PARCEL NO. 09-11-3006-022 BEING THE SAME PREMISES WHICM JOHN H. SEIGER AND MA6ELLE SEIGER, HiS WIFE, BY DEED DATED 08-22-53 AND RECORDED 08-2453 tN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN RECORD BOOK 15K PAGE 109, GRANTED AND CONVEYED UNTO WILLIAM B. MCCOMMON AND DORA MCCOMMON, HUSBAND AND WIFE. ' ALTA Commitment SchedWe C EXHIBIT "D" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL 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 Countrywide Home Loans Servicing, L.P. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 v. William B. McCommon 624 Mountain Street Summerdale, Pennsylvania 17093 Dora McCommon 624 Mountain Street Summerdale, Pennsylvania 17093 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/1VIORTGAGE 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 complain[ 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 torte. 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 notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone 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 cone tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas ]as provisioner 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 Countrywide Home Loans Servicing, L.P., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is William B. McCommon, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 624 Mountain Street, Summerdale, Pennsylvania 17093. 3. The Defendant is Dora McCommon, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 624 Mountain Street, Summerdale, Pennsylvania 17093. 4. On September 15, 2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for Chapel Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1882, Page 2904. 5. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Chapel Mortgage Corporation to Countrywide Home Loans Servicing, L.P., 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 624 Mountain Street, Summerdale, Pennsylvania 17093. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July 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. 8. The following amounts are due on the mortgage: Principal Balance $ 105,181.53 Interest through January 12, 2009 $ 4,374.52 (Plus $19.36 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 211.32 Corporate Advance $ 15.00 GRAND TOTAL $ 111,052.37 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 ofDelinquency 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 $111,052.37, together with interest at the rate of $19.36 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 ~j(aintiff 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. BY: Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIlZE EXHIBIT "E" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification iilumber 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 ~ o ~ =- -; _ ~ ~~~ f Attorney for Plaintiff ~- _ a ~ v ~= , _ _;.. ~ "~ c~ •- W ~ p -~ Countrywide Hoine Loans Servicing, Inc. Cumberland County vs. Court of Common Pleas Dora McCommon William B. McCominon Number 09-0160 SUGGESTION OF DEATH TO THE PROTHONOTARY: It is hereby suggested of record that Defendant, William B. McCommon, departed this life on January 23, 2008. Thus, the title to the property being foreclosed upon in the herein action, vests solely in Defendant, Dora McCommon, by rights of survivorship. i~~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff EXHIBIT "F" McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. WILLIAM B. McCOMMON -and- DORA McCOMMON Defendant Attorney for Plaintiff ~ N ~ l.J _ r_ -n COURT OF COMMON PLEA=' `,- --~ ~_ ~ CUMBERLAND COUNTY -~''' ~ _lJ~ _ c~ c s, , -_ ~.:. "7 ~ .S Y - c~; J rn No. 09-CV-0160 ;~ .~- c~a 1'LAIN'1'IFF'S REPLY "I'O DEFENDAN"I''S NEW MA"I'"1'ER Plaintiff, COUNTRYWIDE HOME LOANS SERVICING, LP (hereinafter "COUNTRYWIDE"), by and through its attorneys, hereby responds to the New Matter of Defendants WILLIAM B. McCOMMON and DORA McCOMMON to plaintiffs Complaint in this matter as follows: 10. In response to the allegations of this paragraph, plaintiff hereby incorporates by reference the allegations of paragraphs 1 through 9 of its Complaint in this matter as though more fully set forth herein. 11. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof thereof is demanded at time of trial. 12. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof thereof is demanded at time of trial. 13. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof thereof is demanded at time of trial. 14. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof thereof is demanded at time of trial. 15. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby. denied and strict proof thereof is demanded at time of trial. 16. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof thereof is demanded at time of trial. 17. Denied as a conclusion of law to which no further responsive pleading is required. By way of further response to this paragraph, plaintiff intends to substitute a verification as executed by plaintiff COUNTRYWIDE HOME LOANS SERVICING, LP for the verification attached to plaintiff's Complaint. 18. It is admitted that a copy of the underlying promissory note is not attached to plaintiff s Complaint; it is denied that plaintiff was required to do so under Rule 1147 Pa. R. C. P. WHEREFORE, Plaintiff respectfully requests that defendants' New Matter to Plaintiff s Complaint be dismissed in its entirety and that judgment be entered in favor of plaintiff and against defendants for such relief as is requested in plaintiff's Complaint. ANDREW L. MARK ITZ, ESQ. Attorneys for Plainti f Countrywide Home Loans Servicing, LP McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. WILLIAM B. McCOMMON -and- DORA McCOMMON Defendant No. 09-CV-0160 CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Plaintiff's Reply to New Matter was served on the following persons on the 17`h day of March, 2009 by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 DATE: March 17, 2009 Andrew L. MarTcowi Attorneys for Plainti EXHIBIT "G" TO THE HEREIN DEFENDANTS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN THIRTY (30) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOjJ ~- ATTORNEY FOR PLP7N'7 IF McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. M-IRKOWITZ Identification No. 28109 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 COUNTRYWIDE Hi:)ME LOANS SERVICING, LP Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. WILLIAM B. McCOVIMON -and- DORA McCOMMOhJ Defendant No. 09-CV-0l 60 REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiff has served upon you a ~~~ritten Request for Admissions for the purpose of the pending action, relating to statements or opinions of fact or the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note ghat each allegation set forth will be admitted unless, within thirty (30) days after service of the requesi, or within such shorter time or• longer time as the Court may allow, the party to whom the request: is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. For the purposes of this Request for Admissions, COUNTRYWIDE HOME LOANS SERVICING, LP ,will be hereafter termed "Plaintiff," and WILLIAM B. McCOMMON and DORA McCOMMON will be termed "Defendants." The mortgage which is the subject of this action is in default because monthly payments of princip~i ( and interest upon said mortgage due for the months of July, 2008 and each month thereafter are unpaid. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $105,181.53. If the above request for admission is denied, attach all documentary evidence you have in support of thf~ denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $19.36, and the interest due on the note and mortgage through January 12, :'009 is $4,374.52. If the above request for admission is denied, attach all documentary evidence you have in support of the: denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. Plaintiff sent notices to Defendant under Act 6 and Act 91 which notices were received by Defendant . If the .above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 5. The notice sent to Defendant under Act 6 and Act 91 complied with all statutory requiremer,.ts. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 6. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. If the' above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate ~:,, the denial. Respectfully submitted, McCABE, WEISBERG & CONWAY, P. C. -~ ~ r BY: ANDREW L. MARK~WITZ, ESQUIRE Attorney for Plaintiff McCABE, WEISBIi:RG & CONWAY, P.C. BY: ANDREW L. 111ARKOWITZ, ESQUIRE Identification No. 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 COUNTRYWIDE ]-IOME LOANS SERVICING, LP Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. WILLIAM B. McC~ )MMON -and- DORA McCOMMON Defendant No. 09-CV-0160 CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the below party on the 17`h day of March, 2009 by the I.~nited States mail, first class: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 DATE: March 17, 2009 ANDREW L. EXHIBIT "I-~" McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. No. 09-CV-0160 WILLIAM B. McCOMMON -and- DORA McCOMMON Defendant AFFIDAVIT I, MARY KIST, am employed by BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP (hereinafter "BAC") in the capacity of at its office located at 5401 North Beach Street, Ft. Worth, TX 76137. I am custodian of the account and records of the defendant, DORA McCOMMON, with personal knowledge thereof. I am the keeper of the records and they are business records kept in the ordinary course of business. 2. On September 15, 2004, defendants executed and delivered to CHAPEL MORTGAGE CORPORATION (hereinafter "CHAPEL") a Promissory Note in consideration for a loan made to defendants by CHAPEL. See Exhibit "C" to attached Motion for Summary Judgment. 3. On the same date, September 15, 2004, as security for payment of those sums due and owing by defendants under such Promissory Note, defendant made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for CHAPEL MORTGAGE CORPORATION a Mortgage against the premises described in Plaintiff's Complaint. A copy of said Mortgage with legal description of the premises is attached to the summary judgment motion and marked as Exhibit "A". 4. Subsequent thereto, on January 12, 2009, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and agent for Chapel Mortgage Corporation assigned all of its right, title and interest in the aforesaid Mortgage to COUNTRYWIDE HOME LOANS SERVICING, LP. See Assignment of Mortgage attached to summary judgment motion as Exhibit "C". 5. The defendant is in default of the mortgage in that she has failed to make the required mortgage payments for the months of July, 2008 through the present date. The payment history is attached hereto as part of this affidavit. The Promissory Note which evidences the interest rate charged to defendant is attached hereto as well. The current rate of interest is 6.625% per annum. The records are accurate and kept in the normal course of business. 6. The mortgage has an acceleration clause which permits plaintiff to foreclose on the mortgage by judicial proceedings and sell the property at Sheriffs Sale in the event of any default thereunder. 7. On or about August 1, 2008, notices under Acts 6 and 91 were sent to both defendants as required under the provisions of such Acts. 8. Because the defendants are in default, the plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against defendant DORA McCOMMON, as current owner of the subject property. The amounts due and owing by defendant to plaintiff under the subject Promissory Note and Mortgage are as follows: Principal balance Interest through 04/30/2009 (Plus $19.09 per diem thereafter) Late Charges Attorney's Fees and costs of suit $ 105,181.53 $ 6,360.54 $ 105.66 $ 2,061.14 GRAND TOTAL $ 113,708.87 VI?RII' ICA'I'It)N ~ Ma Kist •l~hr un~lc7•signcd, -__.-___._ _. _._~.___-.----------.____-- _._.. doss hcrcb~ cct•tily that h:.i~i7i: is _..._.._......_ .~~PAESI~Fn~ .. ofthc 1'iaintilT(13i~C ] lon7c Loans Seri-icing 1..1' 1'k/a C;cnu7try~widc l lame loans Sc7•vicin~ 1,1') in the abo\'~ matter; x11(1 that he/Sl]e 15 aU1I101'1%eCi t0 177a];e lhls VCr117ea11017 Oll lts bel7all'and that the for~oin~ lasts as set forth in the Pore~~oin~ are U•ue and correct to the best c)I~his/her l:no~~-Ced~.c, inlarmation and belief, and lin~~,'tcr stars that fal~c stalernents I7(:rein arc nruie subject to the penalties of 1 ~ I'r1.C:'.5.~49(i,.a ri~Jn~.in~t to (irt~~~~orn li.lsiiication ti) a(tthr.riies. 1:;,,;..,~i; AUG 2 5 2009 McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. WILLIAM B. McCOMMON -and- DORA McCOMMON Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-CV-0160 CERTIFICATION OF SERVICE I, ANDREW L. MARKOWITZ, ESQUIRE, hereby certify that a true and correct copy of the within Plaintiff s Motion for Summary Judgment, Memorandum of Law and attached documents were served on the 11"' day of September , 2009, by first-class mail, postage prepaid, upon the following: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 DATE: September 11, 2009 ANDREW L. MA_ZOV~ITZ, ESQUIRE Attorney for Plaintiff I O O G ~~ c~ a 0 ~~ J -U ~Q CD .p N O c~T~= cnp=~DaoT~~o~Tn ~ > „o ~v, ~ 3 a c v;~.~a° N OT.nA p A =lD o C O fi O n N A ~ ~ - C fD ~ '* n ~ ~ _ 7 (D '-' c (D ~ rt 3 O ~ rt ^' 3 O 01 ui ~ p ~ ,,rt_, ~ r Nr (D ~ ~ ~ ~ ~ <O Z ~ ~- C fD N p ~ d rt N y r~r c to 01 3 a ~ rt p rt n ~ .O ~ Q _ ~ m t\D r r r r N W A U1 O~ V CO ~O r r r r N W ? U1 CO 00 00 00 0 O~ ~ ~ ~ O O~ O\i W V O~ ~ V ? ~ \ \ OD 00 O~ A l\71 Vl O~ N N 01 \ p~ p~ ~ \ \ \ \ \ \ \ \ \ N1 V O~ \ \ \ \ \ \ \ p p ~' N \ \ \ N N N N N N N N N \ \ \ N N N N N N N \ \ A O N N N O O O O O O O O O N N N O O O O O O O N N O O O O O O O O O O O O O O O O O O O O O O O O O O~ O O O V V V V V V V V V O O O 00 00 00 00 00 00 t0 O O O~ O~ O~ V V V t0 ~O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ °c ~ c ~ 3~~ 3 3 3~~ 3 3~~ 3~~ 3 3 3 3 3 3 3~ ~ m m~ ~o m m co cu m o m ~o m ru m m m m m m m .~ o, °- a > > > > > ~ > > > > > > > > > > > > > > > > x ,T rt rt rt rt rt r7 r7 rt rt r7 rt rt rt ~ rt rt rr rt 'r rt 't K ~ ~ y X ~ x O a ~ v m rt 0 a ~ "~ 3 iiR V1 it? if- ifT iR #F ~Pr iH iR iR ifl ~Pr ~ iR iR iH ifl ~Pr iR ~ ifi N UI .A C V V V V V pV V V V V V V V V ~l V V V V V V V A r A = A A A A A la A .A A? .A ?? .A ? J~ l~ l~ ? A A t0 N W W rt WA W W W W W W W W W W W W W W W W W W V1 In 00 O J~ ~ A A ? .? .A ? .A A A ? A .P A A A .P .P A d1 ~ .ri ~ r r r r r r r r r r r r r r r r r r. r r r r A O r r r r r r r r r r r r r r r r N N N N N iR ~Pr i~ t0 O O r r N W W ? Ul 111 O~ V V CO OD t0 O O r N N O O O ~ l!1 r V W ~D O~ N W A r V W O O~ W ~O O~ N ~G O~ W ~O O O O A lJl O~ V W O N U1 00 r lJl 00 W V N 00 W ~G O~ N O V O O O M iR fPr iPr ~ ~ ~ iR ~ ER ~fi ~Pr ~ iPr ~ fPr W+ i~l+ ~R ~R ~R 4R ~Pr rt VI ll1 l77 111 V1 C71 U'I tJl Vl U7 Vl lJ1 Vf Ul V1 Ul l!1 l!1 U7 l!1 U7 l!1 cD o a o 0 0 ~o ~c ~o ao 0o co co 00 0o ao ao w w w w w w ter v~r ~r ~ ? ~A W N N r r O 10 t0 CO V V O~ T lfl ? i~ W N N r O O O H OJ r y7 ~O W V r A O N U1 ~C W O~ O W V O W V O W O O O rt O t0 GO V O~ A N ~O O~ W ~O O~ r V N O~ r (!1 OD N .A V O O O n .-. m N^ r A iPr iR ifi ifl iR iR iH !R iR iR iPr ~ iA iff ioR iR tR ifi~ ~Pr ~ ~ L~ N W W O O O O O O O O O O O O O O O O O O O O O O ~~ C O O O O O O O O O O O O O O O O O O O O O O ~p r N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .. .. .. W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o A n d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cn o 0 0~~ O O O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O N O O O d M _ ~ 01 ~ ~Pr i~R ~Pr i~A ~Pr iR iA ii4 fPr iR ~!# iA iR ~R ~Pr ~ ~A ~R iR ~ iR ~ ~ i~ i~ 3 = O O O O O O O O O O O O O O O O O O O O O O O O O A d O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O y W ~' ~ ~ a ,n ~- v- v. ~ ~ ~- ~» to v- ~ v~ tr- ~- ~ ~ ~+ ~+ ~+ ~+ ~ ~+ ~+ ~ ~- ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o A~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d ~ in ~ ~a ~ ~ ~ ~ ~ ~ +a ~ ~+ ~ +~+ +~+ +n ~ ~ ~ ~w ~w ter t~- t~+ {a ~ of 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O '"r O O O O O O O O O O O O O O O O O O O O O O O O O 01 m rt v al N N rh 0 F+ N N O O A d H fP ~_ A M d a d 0 a IC 0 3 m N O O a '~ ..A N O O '~ 0 P v d '~ (D N 'A fD 7 Q ! (Q 0 i~ 'E~ 1 rn A 0 G v rt 'd1 O ~'d N °,O 0 ?~ b QQ co O N ti 0 .+. CD r~ i~ ~. (7 Sy O a I~ '~ 'C •J b QQ i--~ N O O ti r r r N W A Ul O~ V OD t0 r r r r N W .A lJl O~ V OD C1 ~ r N \ \ \ \ \ \ \ \ \ p f.. N \ \ \ \ \ \ \ \ p \ \ r r \ 0\0 r \ r p\D \ \ \ \ ~ \ ~ ~ ~ ~ ~ \ ~~ ~ 7c A \ r ~ O \ O \ N N O~ \ N N \ N N O \ ? \ (fl \ N N N N N N N N O N \ N N O O N O N O O N N N O O O O O O O O ~ O p p O O O O O O O O O O O O O O O O O O • *, D O O ~ U7 ~ l!1 ~ UI l!1 O 0 0 01 01 O~ O~ 01 01 01 01 O A O M {11 l J1 1 J1 1 J1 7 ~ A d O1 ~ Z d O C I J OJ d d d d d d d d d d OJ CI d d Ol ' d d d d D K ~ K ~ K 3 K ~ K ~ K 3 K 3 K 3 K 3 K 3 K 3 K 3 K ~ K 3 K 3 `G 3 `G 3 `G ~ G 3 `G ~ `G 3 `G ~ 7c 3 N fD (D N (D = (D (D !D fD (D 3 (D (D fD (D = (D a N (D (D ' fD ~ fD lD f fD (D N d rt rt rt r t R R K R r -r R rt rt r t r t ~ rt r t r r rt e t ~ rt fD Q rr ~ ~~ (p T ~ ~ O (7 !D ~ ~ O ~ -w O W ~ D ~ ~ 7c (D O n D O1 ~z ~ D n' a a n~ a W i,r- in ~- ~r- i,r- t,a ~- u- ~- ~a ~- +fr i,r- t~ t~- ~ tPr ~+ ~ w ~ ~ y V V V V V V V V V V V V V V V V V V V V V V O O O O O O O O O O O O O O O O O O O O O O S A ? A .A A A A ? ? ? A A A A A A A A A .A. ? A O O ~ ? ~ ? ? A A A A A A ? ? ? ~ ? A A A ? A A O ~ DO -r -o a ~ vOi iPr fPr i~R iPr iA iR iPr ifl fii- iR iA N- iR ~Pr if- iR ,-. ~ ~ ~R iR {R y- Vi b4 r r r r r r r r r r r r r r r r ~O tp t0 ~O t0 ~O O O O O O O O O O O O O O O O O ~~ V V 00 00 tp ~O O O r r N W W A A VI (!1 O~ V V 00 CO ~ ~: O (!1 r O~ N V W 00 ? t0 l!1 r O~ N 00 A t0 tJl r V W ~O ~ V1 00 N O~ r O~ r O~ N OJ A r 00 lfl N O ~O V O~ lJl t!1 A N ~ a~ ~ ~- ~a ~ ~a ~ ~ ~ tr- ~ +n +~- +tr +~ tx ~ ~n ~n ~ ttr ~ ~ +~ v rn rn rn o+ rn rn rn rn rn rn a+ rn rn rn to to cn to to to ui ut m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~c ~o ~o ~ ~o ~ o ~o ~ ~ V O~ G+ l!1 lJl A J~ W N N r r O O ~D 00 CO V V O~ lJl l!1 K~ N V N O~ r U1 O A t0 W 00 N 01 O lJl t0 W V r UI ~G A '¢o a ~G ~ N 00 W OD W 00 N O~ O W 01 ~O N ? (fl V DD ~O ~O O ~ of fD .~ n 'C O ~ ~ K ~ ~ ~ ~Pr iA iA i,A iR iPr iPr iPr ~Pr iPr iPr iPr ~ iii ifl ~RR ifl iA iA fq iR ifl O O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . '^ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~ (D ~ iH ~Pr i~ i~ iR iR iPr fPr W+ tR ~ ~ W+ ~ iA ~ i!~ ~R {FF iR fA Lt d . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O D d N ifi iA iR iPr iiF iR iR ~!# X14 ~R {14 iA iPr ~R {/} ~Pr ifi {R iR iA iA ~Pr rn O O O O O O O O O O o O O O O O O O O O O O A O O O O O O O O O O O O O O O O O O O O O O ;,~ O O O O O O O O O O O O O O O O O O O O O O 2 O C V1 7 r ;m ~- +t+ ~+ ~+ +~- tl- tf- v- it- ~ ~ ~- ~r ~+ ~+ ~ ~ tr+ +~ tt- ~ ~n ~~ a O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . o . o . O . O . O . ':(D O O O O O O O O O O O O O O O O O O O O O O j~ . O O O O O O O O O O O O O O O O O O O O O O ~ N O O t0 ~Pr iPr ~ itF iA iR iPr iR ~ ~ iiA ~R iR iA fPr i~ ifs fR iH fR ~Pr ~R W O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . O . N O O O O O O O O O O O O O O O O O O O O O O O F O O O O O O O O O O O O O O O O O O O O O O O D 3 m 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . 0 . 0 . 0 . 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b bq cu N O -~, N n FILEC?-~;~=i-,E 2Q09 SEP f S %~ ~ I I~ Z 2 r.r'+ McCABE, 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 CAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 BONNIE DAHL, ESQUIRE - ID # 79294 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. William B. McCommon (Deceased) and Dora McCommon Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-0160 civil term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA SS. ~~ C~ ~.-~ ~~ _ ~. W G. - _ .. _ The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; 2. That on June 18, 2010, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Dora McCommon, by regular mail and by certified mail, return receipt requested, addressed to 624 Mountain Street, Summerdale, Pennsylvania 17093 True and correct copies of the letter, certified return receipt and certificate of mailing, are attached hereto, made a part hereof, and marked as Exhibit "A " That on June 26, 2010,. in accordance with the attached Court Order, per Plaintiff s conversation the Cumberland County Sheriff's Office, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Dora McCommon, by posting the same at the mortgaged premises known as 624 Mountain Street, Summerdale, Pennsylvania 17093. SWORN AND SUBSCRIBED BEFORE ME THIS 28`h DAY OF JULY, 2010 NOTARY PUB CGMMONWEALTH OF PEMN5YLVANIA NOTARIAL SEAL Barbara J. Moyer- Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EJ~IRES JAN.12, 2014 BY: Attorneys for Play f TERRENCE J. MICA ,ESQUIRE MARC S. WEISBERG, SQUIRE EDWARD D. CONWA ,ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIIZE ANDREW L. MARKOWITZ, ESQUIIZE HEIDI R. SPNAK, ESQUIlZE ,?+ McCA131ti, WEISI3E12C; ANll CONWAY, P,C t3Y: TERRENCE J. McCA13E, ESQUIRE- ID # i6d9ti Attorneys for Plaintiff MAI2C S. WEISBERG, ESQUIRE - !D # 17(16 EDWARD D. CUNWAY, ESQU112Is - ID # 3dG87 MAI2GARE7' CA112O, f:SQi11RG - 11) # 34419 FRANK D11I31N, ESQUIRE - II) # 19280 ANDRL:\\' L.. MARKU\\'ITL, 1?SQU1R1; - ID # 28009 HEID1 R. SI'IVAK, ESQUIRE - IU #74770 123 South C3road Street, Suite 2080 i'hi(ade.lphia, Pennsylvania 19109 Z(5) 790-I{)10 13AC I-Tome; l.,oans Servicing, L.,P f/I</a t,'ounitywide I-fomc 1_oans Servicing, LP Cc)UIZ"r oI- coMMON I>I_I::~s Plaintiff v. William C3. McComnton (Deceased) and Dora McConunon Defendants CUMBGRLANI) CO!_1N"C'Y Number 09-(}1fi0 civil term o12'i)rR AND NOW, this .~`~~ay ofJtt~~~ ~ 2010, the Plaintiff is granted leave to serve; the Notice of Sheriff's Sale af'Real Property in this manner upon the De}endant, Dora McComnum, by regular mail; certified mail, return receipt requested, at the Defendant's last-known address of 624 Mountain Street a11:/a 638 B SU•eet, Summerdale, Pemtsylvania 17093 and by posting the same at mortgaged property known as 624 Mownain Street a/k/a 638 H Street, Stanmerdale, Pennsylvania 17093. C3Y 'C'I-II COUIZ'1': ,~.-.~ -~..-- L J. EXHIBIT A TERRENCE J. McCABE"' MARC S. WEISBERG'• EDWARD D. CONWAY ••• MARGARET GAIItO ••• LISA L. WALLACE+t DEBORAH K CURRANt• LAURA H.G. O'SULLIVANt• GAYL C. SPIVAK' _ FRANK DUBIN ••• ANDREW L. MARKOWITZ ••• HEIDI R. SPIVAK• SCOTT TAGGART' MARISA COHEN' KATHERINE SANTANGINI^^ JASON BROOKSt STEPHANIE H. HURLEY•• DIANN GREEN < MATTHEW CONNOR' FAITH MIItOS '<' ERIN BRADY• AARON D. NEAL•• KEVIN T. MCQUAIL ••• RUHI MIRZA •>• •' Licensed in PA Licensed in PA ~ NJ "• Licensed in PA & NY ^ Licensed in NY ^^ Licensed in NJ . Licensed in PA ~ WA ••• Licensed in PA, NJ dt NY } Licensed in NY dk CT • Licetued in MD & DC • • Licensed in MD + Managing Anomey for NY t Managing Anorney for MD = Managing Attorney for NJ < Licensed in VA '<' Licensed in Cr & N] '>' Licensed in MD ,W, VA Dora McCommon 624 Mountain Street Summerdale, Pennsylvania 17093 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 June 18, 2010 Re: BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP vs. SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08]08 (ss6) sss-7oso FAX (856) 858-7020 SUITE 499 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914}636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301)490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia William B. McCommon (Deceased) and Dora McCommon Cumberland County; No. 09-0160 civil term Premises: 624 Mountain Street a/k/a 638 B Street, Summerdale, Pennsylvania 17093 Dear Dora McCommon: Enclosed is a Notice of Sheriff s Sale relative to the above-captioned matter. Very truly yours, TJM/amz Enclosure Aliyson Marcinkiewicz, Legal Assistant McCabe, Weisberg and Conway, P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 70101060 00013143 2164 RETURN RECEIPT REQUESTED This is a communication from a debt collector. This letter may be an attempt to collect a debt and arty information obtained will be used for that purpose. ., • r-~ ('~.~ i;u .. ;'. t 1, z ~ y . ~ f~oattrg~ S rl ._._._.u.........,..w.. m c.~rtrtus f"o~ ~ ,,..__.._..... PaRUrcuk p i7ulurn £'~)rsiipt Feo ~_ Fiaro p (C:ndorsflman2 iiC;quvPU) __...~._,..~~ p Fle ttictod D~flvsrry.~mn .. (Erdvr~;em~ni FA:,^rv!req) ~ ~ K+ w..l p 'f'oia! F>os!a7~ g 6'ans ~ .~M_..___..__.... 5rnt '!o _ ..~ . ~ .. r"~ Si%oi>r.;nnr. No.; ' ~ ~ /fit ~ / {} , ~" g j .. O nri'tJBCxNU. ~~ ~ ~~~11A~~.~_1al~.l.-1~..:Y~~..l,~.~,~.......' ~` Cir„ srciii~, zti;;d~~ ' `~ ~ S~ `r~ C'+t~: ~ - (' ~~ : ~ ~, 'l, 3 w x r C r, 3 "J A 7 .~ r n p Q '. O. ~ W ~ ~ N ~.• r. • n -c ~ ~ r o > ~ w ~ ~ a w' 3 ~ .n ~ ~ ~ ~ ~ - " ~ ~ ` ~ ~ ~ ~ ~ c G o ,% W ~..~ n ,~ O ~ -A n°o v ~ n ~ O ~ - ~ ~ O " ~ n 7`' ~ O C f r . C u "' ~ ~ O ~ ~ _ v ~~... ZU ~ ~ ~ V7 !~ 1r . ~ ~' "J :a ~ ~~ ~ -n~r ~ i ; ~ ~ v ~' ~ ~ n g ~ , ~ -~, M tJ~• ~ ~ W ~ ^ ^ 1.~.~ ti~ f c ci 1a,1 D ~ ~ S ;, 0. . ~ ~~ .a tI ~. is w = ~ ~: ~ ._ ..'~ "O ~ c~ O ~~ ~ n / ~ ~ -> ~ ~ ~ ~ } ., J ^ N ~ '~ r h ~ ~. r ~ w '+- .. ~. ~ n fi W ~ ~ try ~ ~ ,? q n 3 f;3 v ~ - a , 8 ~ N ~ z ~ ^T • S` ^.. .~~ri t~ ,-, n._ / % ~, ~ .-, - ~ n f h - ~ ~ f ~ n . t; ', a~z r. ~ ~~ ~ ' J t S i' ~ %'. m& R s ~ ' ~ v ~ ' ' v ,' ~, z . 3 ~? „'P ~ y !t ~ ~ ~ ' ~ c Y ` ~ ~ .~1 ~.~a ~y X ;~c + -,~~= X '' _ fi ~ ~ v.~ y ~ ca_ -r.z ~ ~