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HomeMy WebLinkAbout09-0176r,;, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ,/~idrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 194s1s COUNTRYWIDE HOME LOANS SERVICING LP 7105 CORPORATE DRIVE PLANO, TX 75024 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C~ v ~ ~ CUMBERLAND COUNTY JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE Fiie #: 194815 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 maybe 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. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 194815 1. Plaintiff is COUNTRYWIDE HOME LOANS SER~YCING LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JESSE K. ELEDGE 142 NORTH EAST STREET CARLISLE, PA 17013-2506 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/13/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR BSM FINANCIAL, L.P. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 2000, Page 552. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage is attached as Exhibit «A„ 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 194815 6• The following amounts are due on the mortgage: Principal Balance Interest $77,768.38 08/01/2008 through 01/09/2009 $2,711.88 (Per Diem $16.74) Attorney's Fees Cumulative Late Charges $1,325.00 07/13/2007 to 01/09/2009 $112.48 Cost of Suit and Title Search Subtotal 750.00 $82,667.74 Escrow Credit Deficit ($30.44) Subtotal $0.00 TOTAL 30.44 $82,637.30 7• If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiffreserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8• Plaintiff is not seeking a judgment of personal liability (or an in ersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 194815 9• Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $82,637.30, together with interest from 01/09/2009 at the rate of $16.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP .._.-- By: wrence ,Esquire Francis S. allinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire $y ~t~S Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 194815 ~~ ~~ Prepared By: (Company NamaJ theme ariveturel PersaonJ (srre-ef Address) fcm: crate ~p code) freiaphone Number] Alter recording please retursf to: ~ ~` L. Pte. C/0 NATIQVFT.IJ~ [Company Name) (l~arr~ rNeturs! ~ LB~IIT 2100 ALA zs rx~~ fSireetltddreasj PALM Ii~F2HC1}Z, FL 34683 (City. State Zip Code) RG~ERT p. 21EGLER rECt3RDER Ol* DEEDw ~? J~JI 18 A~110 39 tTeiepirone NurnberJ ~~~~~ ID: 02-21-0318-228 --- - - fSPac+e.fbowe77itrLtrrsForRrco~gfUigpalaj -_.-_- - MORTGAGE DEFINITIONS Mllel 100098900070622024 Words used in multiple sections of this docwnent are defined below aad other words ere defined in Sections 3, l 1, 13, 18, 2Q and 2 i . Certain rules regarding the usages of words used is this documenrt are also provided in Sesctioa I b. {A) "Security Instrument" mesas this document, which is dated J1~ly 13, 2007 ,together with alt Riders to this document. -Tree Coe~uwCt ----- - --._ _ . ___...... . ,..,,.,, ~w.w~„pc.m,o~o~a~E~m INC.- Page 1 or f 4 , eivms.n r MFRS Modified Forte 30.19 81N1 141e3E~NAelev, erwS ~~~ ~.tw~r<sa,~o4lne 17/~'i19lMA R•34.1Fi AM CUMBERLAND COUNTY tde A tnst.# 240724928 -Page 1 of 15 (B) "Borrower" is J~.SE K. ~~~. ~ .~ }?.t~R.9Ctt Borrower is the mortgagor under this Security Instrwnorrt. (~ "HERS" is Mortgage Electronic Registration Systems, ~. HERS is a separate corpoi{atiou that is acting solely as a nominee for Lender and L.eader's auccessora and assigns. ltilElRS is the awrt*agee ouder this Security Tnstrament. MERS is organized and existing under the laws. of Debware, and has as address and tekphone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888} 679-HERS. (B) "Lender" is c1Z.M gn,~~~ L. P. Lender is a limited P~Ship . Z~xas Lender's address is 1302 Wit' ~~ aws of SUITE 200, ALI.IIJ, TX 75013 (E) "Note" means the promissory note signed by Borrower sad dated July 13, 2007 states that Borrower owes Lender BeVe~ty eight ti]Ctteg2~ five The Notc htax~+ad arld 170/100ths plus interest. Borrower has promised to pay this debt in re Dom N'S' S 78, 500. DO ) later than 8War Perrodic Payments and to pay the debt in full not August 1, 2037 . (~ "Praparty" means the property that is described below under the Property." heading "Transfer of Rights in the (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late c~g,~ due under the Note, and all sums due under this Security Instrument, phrs interest. (H) "Riders" means all Bidets to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check bar os ufPpllcable]: ^ Adjustable Rate Rider ^ Condominium ]cider ^ Balloon Rider ^ Planmod Unit Dove ^ Second Home Rider ^ 1-4 Family Rider lopment Rider ^ Biweekly Payment Rider ^ Other(s) [spec~J ^ Revocable 7tust Rider (~ "Appticabk Law" means ail controlling applicable federal, state and local and administrative rules and orders (that have the ef!'ect of law) as well as all l~%8~dans, ordinances judicial opinions. aFP 6trsl, non-appealable (~ "Community Association Dues, Pees, wad Aaassssenb" means all dues, fees, assessnrctrts and other charges that are imposed on Borrower or the Property by a coadaminium association, horaeow~ association or similar organization. l?t) "Electronic Funds ~aasfer" means any transfer of funds, odter than a drag, or similar paper instrument, which is initiated through an electronic terminal, transaction originated by check, or magx-etic tape so as to order, instruct, or authorize a frnmciai institution to debit ar credit ao account. Such term includes, but is not limited to, point-of-sak transfp~s, automated fella r~hine transadians; transfer ~~ by telephone, wire transfers, and automated clearinghouse transfers. TAan No: 7062202 Pe~ C a ~r~f~eS~~~G 1NG y~Ftuit 11isNFl+eddk Mat tFNII+~Q1q-( tN$TALT~~N7. ~yF,~ 1Modltkd Faro Ta{e 2 0<10 3039 OIAI ~na-wa~a.Kr~ I~~N °°°°x ns comma, sa.o, ro. 81~~O~Q0PG.0553 i~n.3nnnR R•sa•:~F AM . CUMBERLAND COUNTY Inst.# 200724928 -Page 2 of 15 (L) "Escrow Items" means those items that are described in Suction 3. (M) "Miscetlaaeons Proceeds" means any compensation, settlamem, reward of damages, or proceeds paid by any thud party (other than msueaoee proceeds paid undes• the coverages dostxibed #n Section 5) for: (i) damage to, or destruction ot; the Property; (ii) eondetttnation oar other taking of all or any part of the in lieu of condemnation or iv Y~ (~) oonveyanee () misrepresentations o>i or omissions ~ to, the value and/or condidom of the Property. (~ "Mortgage Insurance" means instaance prota,-tiag L~cndcr against the nonpayment o~ or default on, the Loan. {O) "Periodic Payment" means the regularly scheduled amount due for (i) principa} and interest under the Note, plus (ii) any amounts wader Section 3 of this Sucta ity Instrument. (P) "RESPA" means the Real Estate Seu}em~t Pruoedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA° refers to all requirematts sad restrictions that are imposed in regard ~ a fly related mortgage loan" even if the Loan door not qualify as a "federally reLted mortgage Ioan° under RESPA. (Q) "Successor is Interest of Borrower" mesas any pony that has taken title to the Property, whether or not that parry has assumed Borrower's ob}igatioas under the Note and/or this Security Enstrumertt. TRANSFER OF RIGHTS IN THE FROPERTY This Security Instrument secures to Lender: {i) the repayment ofthe Loan, and all r~tewals, extensions and modifications of the Note; and (ii) the paforrrsettce of Borrower's covenants and agt+eemeats under this Security Instrument and the Note. For this Purpose, Borrower does heresy mortgage, grant and convry to MERS (solely as nominee for Lender and Lender's successors and assigm) and ~ ~ sua~ssors ~ ~~ of MERS the following descnbed property located in the t3~~r of CIYPe OI Rem •hvisdicrionJ [Nance olRerordii+Ig.Iurisdtctionl Tar Parcel ID Na: 02 _21 _ 0318-228 I,bJGA,I, D~IPTIt1d ATE F~iO Al!ID I~'IALIQ A P3412'P l•)13EtB0(F'. which currently has the address of ("'ART,T.ST F , [ciryl 1.42 1~K14i F~3,ST S3RBET [srraa) Pennsy}vanie 171)13 1~ ~oae~ ("Property Address"): TOGETHER WITH all the improvements now or herea$er ended on the property. sad al} easements, apprntenances, and fixtures now or henatter a part of the property, All rep sad sdditioos ~} also be covered by this Security Instnunent All of the foregoing is referred to in this Security [nnstumeat as the ..pr.~m,.„ Borrower understands and agrees that MERS holds only legal title to rite inturesta greeted by Borrower in this Security Instrument, but, if necesasry to comply with hrw or custom, MFRS (ss ~~ for ~, and Leader's successors and assigns) has the right: to exerciu any ~ all of those intm~ests, including. but not limited to, the right raorylv..t. Morl~e-siaye F.mil~ ~.c utvg~ ~3oft< 8~.2~0~0PG0554; ~~ 1~7aM4Mbs oas ^~~ COOOIS, T!t C.o~6aaa Sown, lac. ~~nv~nnR R•~ a ~F erne CUMBERLAND COUNTY )nst.# 200724928 -Page 3 of 15 to foreclose and sell the Property; and to take any action required of Lander including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Bow is lawfilily seised of the estate hcnoby convoyed anti has the right to mortgage, grant and convoy the Properly and that the Propm~ty is ><menauabered, except for encumbrances of record. Borrower warrants and will defend geanerally the title to the Property against all cfairr>s and demands, subject to any encumbrances ofrecord. THIS SECURITY INSTRUMENT combines uniform covet>awis fa mriona! use end non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instsvmeat covering rosi property. UNIFORM COVENANTS. Borrower and Lender covenant snd agree as follows: 1. Payment o[ Principal, Enterers, Sterow Itsas, Pl+epayaasat Chsr;ea, acrd Late Cl-arges. Borrower shall pay when due the principal of, and interest on, the debt evidaAOed by the Note and any prepayment chm'ges and late charges due under lira Note. Beerower shall also pay, finds fix Escrow items pursuant to Section 3. Paymems due under the Note and this Secartiry inatrtrment shell be made in U.S. curtrncy. However. if airy check or other instrument received by Leader as payment undue the Note or this Security IusErt~et is returned m Lender unpaid, Lender may require that any or all sr~egrrent payment due wader the Note and this Security Instrtrnrprt be made in one or more of the following forma, as selected by Carden: {a) cash; (b) money, order (c) cwrtified cltcek, bank check, trtasurer's check or cashier's elteck, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity, or (d) Flearanic flmds llransfet Paymeafs are deemed received by Lander when received at the location desired ut the Note or at such other location as may be designated by [.ender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are inauffieiear to bring the Lola currant Lender may accept any payment ar P~ PaYm~ iursufficieat to bring the Loam currant, without waiver of an rights hereunder or prejudicx to its rights to refine such payment or partial paymems 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 i~rest oa uaapplied fiords. Lender nlry hold such unapplied funds until Bornowa makes payment to bring the Loan current If Borrower does not do so within a reasousbie period of time, Lender shall either apply such fiords or return them to Boltnvver. If rear applied earlier, such funds will be applied to the outstanding principal balancer under the Note immediately prior to far+eclosure. No offset or claim which Borrower might have now or in dre fixture against Lender shall relieve Borrower ftnm maiping payments due under the Note and this Security Instrument ~ performing the covenants and agr+eemettts axured by this Security Instrumart. 2. Applkatba of Paymanb or Proceeds, Exrxpt as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the fallowing order of priorfty: (a) interest due under the Note; (b) principal due under the Note; (c) amounts tine under Section 3. Such payments shall be applied to each Periodic Payment in the wader in which it beearnoa due. Airy remaining amounts shall be applied Srst ~ ~ ~es~ second to airy outer amounts due under this Security Ian, cad then tp rodtax the pri~i balatla of rite Note. If Lender receives a payment from $oaroww fi~ a delinquent Periodic Payment which includes a sufficient amount to pay any tags charge due, the psymptt ,n„y be applied m the delinquent payment and the lea charge. if more than one Periodic Payment is outstanding, Lander may apply ~Y PaYm~ received front Borrower to the repayment of the Periodic Payments if, and to the extent that, each paymer>< can be paid fA full. To the extent that any excess exists after the payment is applied to the lull payrnaot of one or more Periodic Payments, such excess may be applied to any late chatgea due. Vohmtary prepaymaats altall be applied ftrat to any prepayment charges and then as described in the Note. ~Y ePPlication of payments, insurance proceeds, or Miscetlaaeous proceeds to principal due under the Note shall not extend or postpone the due date, or chattga the atnouat, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to I.eoder on the day Periodic Paymatts are due under the Note, until the Note is paid in ftrli, a stun (the "Funds") to provide for psyarent of amounts tine for; (a) taxes and assessments and other items which can attain priority over this Secuity Instrument ss a lien or encumbrance on the Poamylvaw Morrp~e•Smye Family-Faede Maa~FnNdle ALe t1NtFORr -Tae Co ~ INCr- Peat ~ of 14 w~vw. :~•~a~~4555~ twia~ wM t.«. rNs ~. TM ca.~pwror sa.aR 1.c. ,~,~~,~ nnR R•~a•~F curl CUMBERLAND COUNTY Inst.# 200724928 -Page 4 of 15 Property; {b) leasehold payments or ground rents on the Property, if say; (c) Premiums for any and all insurance ie9 ~ by Lender under Section S; and {d) Mortgage Insucaoce promiutrr:, if any, or any stuns payable by Borrower to bander is lieu of the payment of Mortgage hlsuraax pr~~ in with the provisions of Section 10. These items are calf "Escrow Imms." At origination or st any tune during the term of dte Loan, lender may require that Community Association Dues, Fees, and Assesviments, if any, be auvwed by Borrower, and such dues, fees and assessmenb shall be an Escrow Item. Borr+ovrer shall promptly flrrnieh to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items ~~ Lender waives Borrower's obligation m pay the Funds for any ar all Escrow Tremor. ):,ender rats waive Borrower's obligation w pay to Lender Funds for say or alI Escrow Items at ores lane. An such waiver In the event of such waiver, Barrovrer aha8 Y nm3' ~Y ~ is writing. Items for which PaY ~Y+ when soil where payable, We aatouaKs door for any Escrow payment of Fund: has been waived by Leader mod. if Lender squires, shall fleaish to Leader receipts evidencing such payment within such time period as Lander may require. Borrower's ~~{~ to mare such paymeat4 and m provide receipts shall for all purposes be deemed to be a oovenaar and agreement cmttalaed in pay Escrow Items ~Ik as the phrase "cavearmt sad agreeaaart„ is used in Section 9. If Hotrower;s obligated to directly, Pursuant to a waiver, sad Bvrmwar fills to pay the amount due for an Escrow Item, Lender may exercise its rights under Searan 9 and pay such amotmt and Borrower shall they be obligated under Section 4 to repay tv Lender any such amats~ Linder may rovoke the waiver as to say a all Escrow Items a! any time by a notice given in accordance wild Sedioq l S and, upon such rtvoption, garrower shall pay to Lender all Etruds, and in such amounts, that at+e Wen requized under this Sedioa 3. Lender may, at any time, collect and hold Fiords in an arrsount (a) sttfficient to permit Lender to apply the Funds at the time specified undue RESPA, and (b) not to exceed the araotimum amount a lender can require under RE5PA. Lender steal! estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otbawise is acxotdance wild Applicable Law The Funds shall be held in as institution whose deposits aro insured by a federal agency, iostrurnentality, or entity (including bender, if Lender is an inatipnioa whose Bank. Lender shall apply the Fins to ~~~ aro so irutued) or is say Federal Horne Loan shall not charge Borrower for holdin a dy ~ Escrow Tremor ~ hoer than ~ time specified under RESPA. Lender the Escrow Items, unless Lender g ~~ ~ Fes' annually aaalyrgng the escrow aceotmt; oar veri such a c Pays Borrower inta+est oa the Elands and Applicable Law permits Leader to make barge. Unless an agreement is made is writing or Applicable Law requires i to be paid oa the Ftnuis, lender shall not be required to pay Bormwcr say iraerest ce earrringl on the Funds. Borrower and Leader can agree in writing, however, that intere~ shall be paid on the Funds. bender shall give to Borrower, without charge, an annual accounting of the Funds as requisd by RESPA. If there is a surplus of Funds held is escrow, as defined wader ltESPA, Lender shall account to Borrower for the excess foods in accamdaace with RESPA. If tbero is a shortage of Funds held is escrow, as defined under IiESPA, I.endea shall notify Borrower as required by RESPA, and Borrower shall pry to Leads the airlouai necessary to make up the shortage in accordance with RESPA, but in no mare than IZ moaWly payments. If there is a deficie»cy of Funds held is escrow, as defined under RESPA, Lender shall oatify Borrower as racryirad by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency in accordance with RESPA, but in no more than ! 2 monthly payatans. Upon payment in full of all sums securod by this Security Tnstrumeat, Leader shall proatptly sfund to Borrower any Funds held by Leads: 4• ~r'><m+ ~- Borrower shall pay all taxes, assessments, ebarges, firxs, and impositions attributable to the Property which can attain priority over this Security hrstnrmeak leasehold payments or ground rents on the Praperty, if any, end Community Association ihes, Fees, and these items are Escrow Items, Borrower shall pay them in the manner ~' rf ~ To the extent that Borrows shat[ provided in Section 3. Borrower: a P~PriY ~° any Lien which has priority over this Security Instrument ualess {)agrees in writing to the payment of the obligation securod by the lien in a moaner amble to Lender, but only so long as Borrower is performing such ~ ro) contest ~ liro in o~ a lien whim fe~t]tnose We Gee in, legal pr+oee~ which in header's pray ~~ ~~ Proceedings are °~10n °~ sa ant the holder of the Bert an agreement ' but only until such proceedings aro concluded; or (c) seames tirom satisfactpy to bender subordinating the Gen to this Socurircy Instrument. If T~~w LL_ ww....~~~ YeaarylvaaJa Morl~.S~ gamily-Pa~ie MadFfRddk Mu UNIA'piti-t ~-~F877tIlAREIV~r -71rt Cow go~~, Ixc.-- p MFRS Modtaed Fars 3039 01Nr •~,••..aoa, ~ 3 aT 11 1t7r1M auw o~ rr~a .1'~e Co~6ro soW.a. 4e. 1~1~~~~7 O1"a ~ S S 6 12!2312008 8.34.36 AM CUMBERLAND COUNTY fnst.lt 200724928 -Page 5 of 15 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 identit~ing the lien, Within 10 days of the date an which that notice is given, Borrower shall satisfy the lien ar take one a !,yore of the actions set forth above in this Section 4. Lander may require Borrower to pay a onetime chtge for a real estate tax veri$catioo and/or reporting service used by Lender is connection with this Loan. 5. Property Itasarrance. Bonuwer shall keep the improvements now existing ar hot+eaRer crewed on the Property insured against toss by fue, hazards included within the team "mctegded coverage," and any other hamrds including, but not limited to, earWgaaakea and t3oods, for which Latyder ,~ a~a shall be maintained in the amounts (including deductible lauds) and for the period: first Learior roquirea. Whtu Lender requires pursuant to the preceding serer am change ~ ~ te7n of the Loran. The insurance carrier providing the insurance shall be chosen by Bonnwer subject to Lender's right to which right shdl net be exercised unreasaaabl , Lander ma ~PPt'o~ Borrower's choice, either: (a) a one-time c Y Y ~~ Baarovrer 1O pay. in connection with this Loan, twrge for flood zaaae dam, certification sari taacldrrg services; ar (b} acne-time ctrarge for flood zone determination and certiticstion sen+iaes sad subaequmt charges each time similar changes occur which reasonabl mi affect snch mmaP[rIDgs or Y ~ ~ or certi~tion. Borrower shall also be responsible for the payment of any fans itrtposed by the Federal the review of a~ flood zone determination ~ ~ Agency in cataecrion with If Borrower fails to maintain an of th~e~ ~ ~ ~~~ ~ ~~ at Lender's option and Borrower's y descn'bed above, Lender may obtain insurance coverage, of coverage. Therefore, such coves. Loader is under no obligation to prurhase any particular type or amount ui in rho Pr+o °~° shall covet Linder, brat might or might not protect Baarower, Borrower's ~l tY ~ Potty, or the coat~ems of the Property, against any risk, hazard or Liability and might provide greater or }asset coverage thaw was pt+eviously in effect, Borrower aclmawiedgea ~ the coat of the iostnance coverage so obtained might significantly excad the cost of insurance that Serowe could have obtained. My amourrts disbursed by Lender render this Section S shall become additional debt of Borrower savred by this Security Instrumwt. These amounts shall bcer interest at the Note rate from the data of disbutxmeat and shall be PaY~F with such interest, upon notice from Lender to Borrower r+egraasting paym~, All insurance policies required by Lerida! and renewals of suet policies shall be subject to Loader's right to disapprove such policies, shall include a standard mortgage clause, acct shalt name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies sad reaevval certifacsies. If Lender requires, Borrower shall promptly give to Lender all receipts of bald premiums aced raauovval notices. If Baarower obtains any form of insurance coverage, not otherwise required by [,fader, for damage to, or desnv~on ot; rho Property, such policy shall include a staa~rd mortgage clause and shall name I.eada as mortgr~ee aad/ar as an addirional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lends Lender may make proof of loss if not made promptly by Boarower. Unless Lender and Borrower otheawix agree io writing, soy insurance procceds, whether or not the underlying insurance was roquirod by Lander, shall be or repair of the Property, if the restoration or repair is economically foasrbk and Lender's ~~ notot tessenedn During such repair and restoration period, header shall have the right to hold such iostnymce procseds natil Lender has had an opporhantty tb inspect arch L?ropeaty m ensure rite work has been completed to lmrder's satisfaction, provided that such inspection shall be undertaken restoration in a LendeE ~Y disbra'se Pr's ~ the repairs and single payment or in a series of progress payments as the work is co~leterL Unteas an agreement is made in writing or Agalicabia Law requires interest to be paid oa such insurance required to pay L3orrower any interest or earnings an such Pads, Lender shall not be prncoods. Fees far pubtic adjuatera, ar orbs third parries, retaured by Borrower shall not be paid out of the insurance proceeds and shall be the aok obligation of Borrower. If the restoration or repair is not ecotionaically feastbk or Leadv's aecraity would be leaaeaed, the insurance proceeds shall be applied to the sums securod by this Security Ir-stnamen~ whether ar not they dues with rise excess, if any, paid to Borrower. Such inaurana procaeds shall be applied k the order provided for in Section 2. If Borrower abandon9 the Property, I.~der may ~, msgotiate acct settle any availabk insurance claim and related matters. [f Borrower does not respond within 30 days to a notice 5~om Loaader that the inaunence carrier has offered to settle a claim, theta Lander may negoriaate and soak the claim. The notice is given. in either event, ar if bonder acquires thep,.,,,,~,,, 30-day P~ will ~ when the rti., TY.. rlne~nnnn PrO~Y UndeY' $C~lon 22 ar OIhCrWlSe, BOtrOWCr hereby reaasyrvauu Mort0aac~Sioak Frsu7y-Fasudt lYLdPMdk Mat [1N[POatM IN877tUML~NY' ME1tS Modltad PPr~ 30,79 YU9] -~ COr~n-LUNCS ~~1+ ~"- Pete 6 of r1 www,~,~, ~~ tp11A~N,MAnsawa o2aos.'n.Ca.~i,.o. Baro..lx. e:~ oo ~ a s s~:~ ~ ~nannnft A•34:36 AM CUMBERLAN[) COUNTY InsE.# 200724928 -Page 6 of 15 assigns to Lander (a) Borrower's rights to any insuratxx proccods in an anaunt ~ ~ exceed the amouNs rmpaid under the Note or this Security Instruttuat, and (b) ~,y otber of Barrowas of unearned premiums {other than the right to soy refund are P~ by Borrower) under all inaursace p~~ ~y~g ~ proputy iaaoi9tr as such applicable to the coverage of the ' riY~ P$Y amounu PAY unda~ ~y uf0 the either to repair or r+eatore the ~'°P~Y a' to unpaid under the Note ar this 6. Occupancy. Borrower shall ~~ Instruct, N'hetlur a not then due. occtpry, eatabliah, and use the Property as Barrrswer's principal residence within 60 days aRer the execution of this 3eeutity Ialbnwart and shat! coodntre ~ SPY the Borrower's principal residence for o least one year after the data of occupancy, unless I.mder aEhawr' agT,~ in writing, which consent shall not tre unreasonably withheld, ar unless exLenuatirtg circumsqurces exist which art beyond Borcmver's control. 7. Preservation,. Maintenance and Protectiaa of tYe destroy, damage or impair the Property, allow the ~~' was' Borrower shall not or not Borrower is res' ' to deteriorate or onannrit waste ~ the pcnperty, R-hether >dmg m dre Property, Bon+owar shall maintain the Property in order to prevent the Property from deteriorating or daxeasing in value due to its condition. Unless it is determined repair or restoratiars is not ecoaomicatly feasible, Borrower shall P to Suction 5 that further deterioration or damage. if iastaance ~ ~ ' ~p ~ Y if damaged to avoid the taking of; the Property, Borrower shall be re inoCeeds a:ti Pad ~ COn with damage to, or released sPansible for repairing or restoring the onl proceeds for such purposes. Leader may disburse proms p~ ~ ~ restoration ~ ~r has paymtnt or in a series of progress payments as the work is completed. If the insraamee or conibmnation prose ds are not sufficient to repair or restore rho Property, Borrower is not relieved of Borrower's obli completion of such repair or restoration, gallon for the Lender or its agent may make reasonable entries ~ and of the cause, Lender may inspect the interior of the improvements on the Y• If it has reasonable the time of or prior to such an interior ' ~o~y' ~~ shall ~~ BO°'ow'a notice u ti. Borr+ower's Loaa A ~ ~if3'~8 such reasorrabk cause. Borrower or an pplicatioa. Borrower shall be in defiwlt if; during the Loan application process, Y Pew or entities acting at the direction of Borrower or with Borrower's Iraowlodge or consent with m~forar>,xtion 1 or inaccurate informuion or to i,~ {~ fat7ed to provide Lender representations concernin )B connection with the Loan. Mahrid Laos include, btrt are not limited to, g orrower s occupancy of the Property as Borrower's principal . 9. Pwtectioa of Lender's lateral to the Property sad ~b Unda• this Seca (a) Borrower fails to perform the covenants and agreantmb cattained in this Security Inotunrent~ro tha+e~a l If proceeding that might significantly affect I,enda's interest in the °~ Instrument (such as a proceeding in ~' and/or ~a under this Security which ma attain ~' P~~ for eondannation or forfeitnr+e, for enfonwrent of a lien Y priority over this Security Instrument or bo enforce laws ac abandoned the Property, then Lender may do and psy for whoever is r+easonabk ~)' or {c) Barnower has interest in the Property and rights under tics Security Instrument, including P~le8~assessing trolte~ue of a) l~Y~g any sua-s secureg and/or repairing the pr,opacty Leader's actions can inetnde, txu one not limited to: by a lien which has priority over this Security Instrtrmart; (b) (°) PeY~g reasonable ~ appearing in court; and Instrument, including its secured ~p'~ ~ ~ ~ isi in the Property and/or rights under dtis Security limited to, entering the make s ~ ~. Sectnting ~ includes, tart is not from pipes, eliminate buil~drng other cede viol low' ~~ ar board up doors and windows, dodo water Ahhough Lender may take action under this Suction 9, Latch does not ~~~ do ~° ~ u~ ~ n or oft: obligation to do so. It is agreed rho Lender incurs no liability for not taking any or all actions atrthotized uYrsd~ ~s Section 9. Any amounts disbursed by Lender under this Suction 9 shall beoorne additional debt of Borrower securod by this Security Instrument. These amounts shill bear interest u the Note rue from the date of disbursement and shall be payable, with such interest, upon notice fiom Lender to Borrower requestrrrg payer, If this Security Instrument is on a leasehold, Borrower shat! comply with all the provisions of the lease. If Borrower acquires fee title to lice Property, the ieasehotd and the fee title shall not m merger in writing. ergo unless Larder agrees to the T8E t.OMPrJANCi -.._, _'_~•• ,.,...r rwa~e m~e urnu~pRbr miSl7l[A-~Ai'r MERE ModlAed Bars 3611! error SotalCT, rxc.- ~ T aT 11 ~010t-00° Iq~IM M1N a.. bats ~~~ O3Wl~7isCaaplYem9arc61ec. ~:'~Q.00P60558 19/9319008 8:34:38 AM CUMBERLAND COUNTY Inst.# 200724928 -Page 7 of 15 10. Mortgage Iasaranae, if Lender required Borrower shag pay the premiums required to n>a~ain ~M~a Insurance as a condition of making the Loan, Mortgage Insurance coverage requited Fader Mortgage Inaruane;e in eS'ect, Ii; for any reason, the Provided such insurance and Borrower was COases to be available from the martgsge insrtrer that pnwiously required to males for Mortgage Insuranca,~ol3orrowm shall pay the p~~ tom Y ~ ~p~~~ukmet Mortgage Insurance Y ~ ~ at a coat Mortgage Ins~uraace coo effect, from as alternate m~h~ equivalent to the txat to Mortgage erage is not available ~8e msrQar ~~ ~ I''0°~ ~ Y equivalent designated payme~ that were due when the rnsuranca ~v I due ~ IKY ~ Lender the amount of the sepatapety payments as anon-refundable loss °~ 00m0d to be in effect. Lender wit! ~p~ use and non these reserve in lieu of M non-refitndabk, notwithstanding the fast that the Loan ie uhiraete mt$~ Such loss rasetve shall be PaY Borrower any interest or eamin on such kiss ~ ~ in f~f, and bander shall not be required to Mortgage Imuraacx co ~ 'e• Lender can no longer require loss receive payments if verage (in the runouat and for the period that Lender premiums f~Mortgaga Inauiaoce, eIf Le ~ Lander ~~ ~ PaYm~ Wward the Borrower was roquir+ed to mate separaooly M Inaoence as a condition of making the Lawn snd Borrower shall pay the paymems toward the ems fm. prearituns required to maitirtain Mores Iaaunmoe in Mode Insurance, loss reserve, unfit Lender's requie+amant for Mortgage Insurance ends in ~~~ vide a r~r-refrrndabk N tweea Borrower and Lender providing for sack or until tenmiiratlion is ~ wtrtUmr ~ ~g in this Section l 0 affects Borrower's obligation to pay interest at the rate ~~ ~ ~licabk Law Mortgage Insurance reimbtuses Lender (~ any e~ ~ provided in the Note. incur if Borrower does not repay dre Loan as ~ Pis the Note) for certain losses it may agreed. Borrower is not a party W the M Mortgage insurers evaluate their total rislt on all such insurance is for"ee g ebm to t~ ~ may enter into agreements with other parties that sham or modify their risk, ar reduce lasses. and conditions that sre satisiirctory to the mortgage insurer snd the other ~e aro on terms These agreements may require the mortgage insurer to males ICY (or 1~s3 m these agreements. insurer may have avat'labk (which may include futuJs obtains tlaom MM ~ ~ 9OU~ of funds that the mortgage As a result of these agreements, Lender, any purchaser of the insurance l~arrums)' entity, or any affiliate of any of the foregoing, may raxive (directly soother imaus~er, any reinam,er, any otber might be characterized as) a portion of Bonnwer's paynienb for M ~') amounts that derive from (or modifying the mortgage insurer's risk, or redrrciug losses. If such ortgsge ~~' in ex~e ~ sharing or takes a share of the insurer's risk in exchange for a share of the ~ Paovidea that ~ affiliate of Lender often termed "ca~ive reinsurance,,, Frnther premiums paid to the inrltrrrr, the anangemeat is (a) Any such agreemenb wW sot attar the aroounb that Borrower has Insurance, or say other tervu of the Loan. Such aLnemeab will tact inW'+eiat agreed to pay for Mortgage for Mortplga Iaaaraace, sad tlsey will sot eatltk ~ ritooaat Borrower will owe (b) Any each agraeaseab wig sot a~Borrower to say re/Ytad. Mortgage Iaaerance under the Hwaeawaa~rs ~b Horiwwer lies ' U say -with napact to the inciride the Pnutacdon Act of 19l1i or any other 1aN, q'~ b seta risltt to mxive certain diaeloarera, to n4~ asd adrtaia caaeeBatla o! the Ma ~ Y to have the Mortgage Insurance tertaiaatad aatoasa Ix+sarsace, Insurance premiams that wen ~'~ aaxUor to raoelvs a ieflaad of any Mortgige aaearned at the time of ancti aaeellatioa ar tersrLatbn. 11. Assigomeat of Mbesllaaeoru Proceeds; gortdtan. Alt MiscelLneous Proceed are here assigned to and shall be paid to Lender: by !f the Property is damaged, such Miscellaneous Proceeds shall be hod ~OP~Y, if the restoration or tally feasible and Lender s se~curi to or ~ of the repair and restoration Period. Lender shall vita the ty is not lessened. During such an opportunity to inspect such Pro right to hold such Miacellaoeoua proceeds y~ Lends has had that such inapecxion shat) be taideit~ k eaatne fire work has been txrmpleted tp Lender's sow Provided disbursement or m a series of ~~' Lender may PaY far the repairs acrd i~oratiola in a single or Applicable Law ~'O~ payments as the work is c~ropkbed, Unless an agneemmt is made in writing Borrower an ~~ ink W be paid on such Miscellanews Y Vest or earnings on such Miscellaneous Proceeds. If > ~ sal not be r+equind to paY ~ WO • 7O622A~ ~ restoration or repair is rot econamfcalty Pc~~Yrvaaia Mnreriwc .~. r .. _ --y,, . ru.S-rsY~C A7~bF1t~r! r1~C iJf ^~ ~'- Pttae A at r4 <~V7' MLRS Mafidea Fern 3att! elNl ~~ ranr~wra„~.rrrs esam, rt. c~s..o, ~. rr. ~~:~-~~O~PG 0 5 5 9 12/23/2008 8:34:36 AM ~ CUMBERLAND COUNTY Inat.# 200724928 -Page 8 of 15 feasible or Lender's security would be lessened, the Misoellmeotes this Security Instrument, whether err trot then dna, with the proceeds shall be applied to the sums secured by Proceeds shall be applied in the order ~~' if 8°Y, Paid to Borrower. Such Miscellaneous In the event of a total taking, d~estrucn. '' ~ m Section 2. be applied m the sums secured this °°~ ~ loss in value of the Property, the Misoellaaoous proceeds shall Borrower. ~ Sxuc>ty ~ why ~ not then due, with the excess, if any, paid to In the evart of a patriak taiciag, destru~my or loss in value of the the Property immediately before tl~ partial in which the lash market value of of the sums secured by this Securi Wig' won, or loss in value is equal to or greater than the at»ouat ty insatin,ment immediately before the partial taking. unless Borrower and Lender otherwise . or loss in value, educed by the amount of the Miscellano~ p the sutras secured by this Security Irrstrtmunt shall be the sums secured immediately before the mulbphed by the following ii,.«iot: (a) the total amount of value of the Property immediately before the pargal~ ~' ~ ~ is vakue divided by N} the flair market to Borrower. ~ ~ loss in value. Any balance shall be paid to the event of a partial taking, destnection, or loss ~ ~~ of the the Property kmmediately before the partial ~Pa'tY in whidr the &ir market value of scoured innrrtediately before the partial takiap~ ~~ des~rtcttam' or loss m vahte is less than the amount of the sums agree in writing, the Miscellaneous Proceeds n, or loss is value, tmless Borrower and Lestder otherwise whether err not the sums are then due. a~l~ ~ the sums second by this Security instrument If the Property is aberrdoned by Barra, or ~ after notice by I.~der to Borrower that the ppposittg party (as defined in the next sentettcc) offers to malt~e an award to settle a claim far Lender within 30 days after the date the notice ks given, lender ks atethoriaed to~~ ~ veer fads tO ~d to Proceeds either to restoration or ~ of the Property or >n the sums secured by this Sec ~~ t6o Miscellaneous not then doe. "Opposing Party" means the third party that owes Borrower Mrsceilsnoo~us In~wuent, whether or against whom Borrower has a right of action in ngat+d do Miseellanwua proceeds, Proceeds or the party Borrower shall be in default if any action or Lender's judgment, could resuh in forfeiture of the ' whWrer civil or criminal, is begun that, in ~tlPah' m' rights under this Secrarity Instnem~ or other materkal impaittneut of Leader's interest in the occurred, reinstate as Borrower C+n cure Such a de5tuh sod, if accekeration has provided in Section 19, by causing the action or m Lender s ~adgrnent, precludes forfeidrr+e of the Pro0~8 to be dismissed with a ruling that, Property or rights under this Sect ~~' or other material impakrment of Leader's interest in the ~Y Instrument. The proceeds of any award or claim far damages that are attributable to the impairment of bender's interest in the Property an hereb All Miscellaneous Proceeds that are not Y assigned and shall be paid to Lendp: the order provided for in Section 7. applied to restoration or repair of the Propwty sha11 be applied in 12. Borrower Not Released; Forbearance ]Ety header Not s Waiver; Extension of the time for payment or modificatka~n of amortiattion of the sutras secured by this Securty Insonemeat granted by bender ~ Bateower or any Successor in Interest of Borrower shall not operate ~ release the liability of iorrower or any Successors in Interest of Borrower. Lends shall not be ragnited to co~nrmenoe Borrower or to refuse to extend time for Payment or otherwise m~ a13~ any Successor in Interest of Security Instrument by reason of any demand made b ~ ~' won of tkte sums secured by this Borrower. Arty forbearancx Y Borrower or any Successors in [ntct+esE of acre lance of ~ ~~ hr exercising arty tight or r+earedy iacludia without I' P Payments from third persons, entitles or Successors ~ j~ptiyt of Borrower Or in atno~im~ui less than tile's amount then due, shall not be a waiver of or prxlude the exercise of an 13. Jviat and Several Liab Y ~ remedy. agrees that Borrower's obligations and liabel~ %ty aha}~j '~ jo ~ ° ~ ~~ B B~O~ covenants and Security Instrument but does not execute the Note (a "co-sigpex'): (a} is Y otrower who co-signs this mortgage, grant sad convey the co-signer's iater>,st is the eO'~g thrs ' ~~ OiOly to not personally obligated to pay the sums ' ~' the terms of this Security Instrument; (b) is other Borrower can agree toe ~ forbear ~~ lnstrutttent; and (c) agrees that Lender sad any Securi ~~' m Y accommodations with regard to the terms of this ty Instrument or the Note without the co-signer's consent. Pewyivanla M~.g~ Fatuity -T~ete CWwrrunCi ~C~y~~.,~~..,, ww'~,mso6a~,~ 1P1C.~--- lMae Y1Nr~O1tA t'aac! of l~ 1~7/Iatfaai{ a... ~Aws O700S. 7b fw~oti Lc ~~~:©~a~as~~~~ »nsnnna R~:i4 1R AM CUMBERLAND COUNTY Inst.# 200724328 -Page 9 of 15 Subject to the provisions of Section 18, say Sttocessor in buenst of Baarr+ower who assume Borrower's obligations under this Security Instrumedt in writing, and is approved Lander. shall obtain all of Borrower's rights and benefits under this Security insgyrnerit Bot>,pwer shvl not >+t;>easod 8rom Harowers obligruiona and liability under this Security instnrsnent unless Lem to sncJh r+ekax in writing. 'Ibe ~~~ sad ~~ Security instrument shall bind (®coept as Provided in Section 20) and benefit the successors and 14. Loan Charges. Lender may charge Borrower fees far services Borrower's default, for the purpose of protecdag Lender's interest is dre p~ormod k won with instrument, including, but not limited to, attorneys' fees, Y and rights render this Security other fees, the absence of ' and valuation fees. In regard to any be construed as a prohibiti authority in this Security Lutrumeat to charge a specific fee to Borrower shalt not by this Security instrument or 8 of such fee. Lender may not charge foes that are expnessly prohibited if the Lola is subject to slaw which seta maximran two the interest or other loan and drat law is finally interpreted so that limits, than (a) say such losac~~ collected ar to be collected is coanoction with ~ Loan exceed ~e p~~ limit; and (b) any sums ~ shall be redaooa by the amamt naoessary m rodnce die charge to the permitted already oolkcted 1}om Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this ntirnd by ndueitrg the direct payment to Borrower. if a refund roducos principal, tlm rvducdon wilj bye trestod ~ Note or by making a without say prepayment charge (whed~er or not a prepayment is P~ prepayment acceptance of any such refund made by diner ~ reader t~ ~). Borrower s Borrower might Nava arising out of such ovp~+ch gem. nt to Borrower will eonstitu~e a waiver of any right of action 1 S. Notiica. All notices given by Borrower or Castle[ ~ ~ with ~ Security lrrstrument roust ~ in writing. Any notice to Borrower in connection with this Security instrument sitaU be deemed to Nava bees given to Borrower when mailed by firsa class mail or when actually delivered to Barmwer's aotiee address if sent by other means. Notice to any one Borrows shall constitute notice to ail Borrrr-vacs unless Applicabk Law expressly requires otherwise. The notice address shell be dre notice address by notice to Lander. Borrower shall ~~ Addrgs unless Bon+ower has a substitute Lender specifies a procedure for PAY aaRit~+ Lander of Borrower's change of address. If of address throu that ~~ B092DWlP'a ~$e of then Borrower shall only rapart a change glr specified procedure. 7'trer+e gray be only one deaignatad aotioe address seder this Security Instrument at any one time. A~ notice to Lender shall be vea deliv rt or to Lender's address stated herein unless Lando has ~ ~ ~S ~ ~rtrg rt by first class mail connection with this Securtty lastrttment shall not > ~~ aaMhnr address by ~~ to Borrower. Any notice in Lender. If any notice deemed to have been given to Lender until actually received by Law requirement will s ~S~ ~ ~ ~m°°t k ~o ~~ under Applicable I,aw, the Applicable 16. Goveruiag Law; Sevro ~ under this Security instrument. iJity; Igales of Caastrrctlon, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the in this Security Instrument are subject to any is lO~ed' All rights and obligations contained might explicitly or implicitly allow the requireme~ ~ ~ of Applicable Law Applicable Law construed as a prohibition Pip to agree by contract or it might be silent, but such silence shall oat be against agreement by contract. In the event drat any pratrisi~ a clause of this Security lxrstrument or the Note conflicts wide Applicable Law, such canfllict shall not aBact other provisions of this Security tnstttrment or the Note which can be given etTect without the earrSkting provi:gin. As used in this Security instrument; {a) words of the masculine cornespondittg neuter words ~ words of the fatniairre ~' shall mean and include plural and vice versa; sad (c) the word "ma ' fb) words ~ the singular shall ttresn and include the 17. Borrower's Copy. Borrower shall be given oae~~ without say obligation to tape say action. 18. 'IYaasfer of the Pro SPY of the Note and of this Security Instrumett. is the Property" means an ~~' or ^ Benallidal iiterat ~ Borrower. As used is this Section 18, "interest interats transferred in a bond~for d beneficial hrterest in the Property, including, but not limited to, those beneficial end, contract for deed, arstallment sake contract or escrow agreement, the latent of which is the transfer of title by Borrower at a tlt4rre dare to a per; If all or say pert of the Proppry or any irrtetest in the rs sold or natural person and a beneficial interest in Borrower is sold or ~ transfert+ed (~ if Borrower is not a I+oar1 No: 7o622m )without Leader's prior written consent, -7786 ~ . irrCr-- Pane ti of I4 . ~•••_•••.•• • mrRS rMvilttei Fore 3f7! OLOI ~Aga1 NiN 7Mt aa~a o0oos•A"Ca~wfwea4.c ~-~~1-0 ~5 05.61 ~~n:ir2nnA N34.3fi AM CUMBERLAND COUNTY Inst.# 200724928 -Page 10 of 15 Lender may require immediate payment in ftril of all sums secured by this option shall trot be exercised by Lendex if such exercise is prohibited Y 1ns4 ument' However, Ibis If Lender eatercisas this option, Leader shall ve by Applicable Law gi Borrovrru~ notice of acceleration. The noticx shell pmovide a period of not less than 30 days from the date t!-e Horses is given k with ~~ 1 S within which Borrower must pay all sums sec»ted by this Security [ttstrwaent. If nexpcuation of this period, Leader may invoke any remedies permitted hits 10 ~' these sums prior to the demand on Borrower. Y instr+mteat without f~utleer 19. Borrower's RlEht to Retastatx Attar Acoeteragpo, If Borrower shall have the right ro have aaforament of this nue~ certain coalitions, Borrower (a) five days before sale of the Property, p~~ Instrum~ ~ ~ aaY time Prior to the earliest of other period as Applicable Law Y Power of ssk catrtaiaed in this Security Instrument; (b) such judgment enforcing this Security ~ ~~ boa °f Barower's right to remstate; ar (c) entry of a then would be dos under this ~ are thK Borrower. (aj pays Leader all stuns which default of any athsr covenants ' ~~ a°d the Note as if no atxeleruion had occurred; {b) cures any including, but not limited to, reaaoaabl~iuorn(c) ~~ all ~s mctured rn eofarcing this Security Instuument, incurred for the purpose of protecting 1,~.•s imer~est le ~ and vatrratioo fees, and other fees (d) takes such action as Lender may ~~,~, req~ ~ ~ ~ under this Sepn'Ny Imp and under this Security Instrument, and Borrower s o Lender's interest in the Property and rights continue ua ed, bli~tion m PAY the soma secured by Chia Secatnty sl~l ch~-g Corder may require that Borrower pay such r~eit>sbt~ sums ~ of the following forms, as selected by Lender (a) cash; (b} money ~. (c) ~~ c6ecJt, ba t° one or snore check or cashier's check, Provided any such cbec7c is drawn upon an institution whose ' trtasrutir's federal agency. ~'umeotalih, ar amity; ar (d) Ekca+anic Funds 'l}Aaa&c Upon rein are insta+ed by a Security Instrument and obligations secured hereby shall retaain fully effective ss if ao accakratioa had ~~ this However, this right to reinstate shall not apply in the terse of at:celeradon under Section 18. 20. Sate of Note; Change of tostat Servtser; Nottoe of Grlevaacc. The Note ar a partial interest io rite Note (together with this Security Instrument) can be sold one or nwrA times without Pry aoticx ~ Bormwa: A sale might result in a change in rite entity (known as the "Loan Servicxr"} that collects Periodic P Note and this Security Instrument and pafarms other aY~~ due under the Security Instrument, and Applicable Law Tta:re also mattgage Inert ~~ obligations under the Note, this to a sale of the Notc. if there is a change of the Loan S ~ o~a0 or more changes of the Loan Servicer unn>sucd which will state ttte name and address of the new Caen Servicer ~ ~ wt7l be given writoar rtodcA of the clvtngc any other information RESPA address to which PgYm~s should be made cad thereafter the Loan is serviced rboquirea in connection with a noticx of transfer of Y Loan Servicer other than the p~o+chaser of the Note. I loan servicind obligations to Ba~rower wiU remain whit the Loan Sarvicer ar be transferred to a successor Loan Servicpr and are not assumed by the Note purchASer unless otherwise 1~~ by the Noce P~haser. Neither Borrower nor Lender may commence, job ar be joined to any judicial action (as either an individual Litigant or the member of a clews) thst arisen from ~ other , Instrument or that alleges that flte other patty has breAChed ao Pte' s ac'naas pursuant to this Security Security Instrument, until such Borrower or [.coder stns Y provision o~ or nay duty awed by reason of, this com Hance with the ttosified the other party (with such notice given in P requirements of Section 1 S) of such alleged broach cad reasonable period after the giving of a-ch notice to tape corrective afforded the other party hereto a which must elapse before certain action can be . IfAppllable Law provides a time period of this paragraph. The notice of accekradon and that taste ~°d will be deeaud m be reasonable far purpo~,w the notice of acceleration given to Borrower ~ to cure ~~ to ~~' pursuant to Section 22 and aPPor~ity to take comxtive action Putt Da SO~oo 18 shall be deemed to satisfy the notice and provisions of this Section 20. 2]. HazaMoaa SeMbeas. As used in this Secxiwr Zl: {a) "llArxrdous S~~„ en those substances defused as toxic or hazardous s~~ pollutants, or wastes ~ . gasoline, kerosene, other flaounabk or toxic ~ fatal Law and the folbwing substances: materials containing asbestos ar fotmAl petroleum products, toads pertscides cad lmrbicides, volatile solvents, laws and laws of the jurisdiction whe~t6e ~ earl ~o~Ve materials; (b) "~~nmental LaW" itlesds federal protection; (c) "Env' „ . ' is located that relate to heal saf rroamental Cleanup uacludes any response action, rettbdial aeq ~' ar eaves ~ NO:_ 7062202 ~. ar removal action, as -7~e ---~- . -°°J-~""O nuarreoare Mae UNi>ROR1H rNSi'RiJM$i1TY ~~~ ~~`~' Page I t of 74 ~ M~ F~ ~ OI/DI ~~ rNNM~iM aw. tl~b C104S, rM ee.r~..a Song Lee. ~~~-€~~o s.~ 2 12/23/2008 8:34:36 AM CUMBERLAND COUNTY Inst.# 200724928 -Page 11 of i5 defined in Environmental Law; and (d) an "Envirorrnrentai Candition» meurs a condition ~ can cause, co~ibute to, or otherwise trigger an EnvironmelrW Cleanup. Borrower shall ~t cause or p~ ~ Substances, or threaten to release any Hazardous ' ~, disposal, storage, ar release of sny Iiatardous anyone else to da, anything affecting ~ ~°0~• an or in the Proporty, Borrower ahaU not do, nor allow creates an Savironmeata! ~ ProP~Y (a) that is k violation of a~ Envfroneoenpa Law, (b) which creates a condidon that adverse~L~ ~ (c) w~' ~ m dk + ~+ or rolea~ of a Iiaavdous Substance, 13' affects the value of the Property. The pr+eced;ag two sentences shall not ~P~~ ~, ~ , or storage on the Property of small quantities of B aPPIY to limited to h aRPs'oP~ ~ notmat rest uses and to maiatenstroe of the °bstiutcxa that are generally . azardous substances in consumer pe+odttcts} ' (eluding, but not Borrower shall prnmptiy give Lender written notice of (a) say investigation, c other action by any goveanmartal or Rg~~, ~~Y or private ~q' ~d+ lawsuit or Substance or 13nviroamental Law of which Borrower )~ ~~ i°volving the Y ~~ including but not limited to, any ~ leakin d• k°Oa'~ ro) anY ~vir mewl CaadiNon, and (c) any condition caused $' r4 nke~ ar the of ttlease of any 1•iawdouy Substance, value of the Pro ~ ~O~' use or r+ekase of a Hazardous Substance ~{~ sdversely ~~ the _ perry. -f Borr+ower katlss, or ~ tuxitied by any t~ernmeattal or Borrower shalll promptly take vl n remadiatioa of anY l~edoua Subgap,ro ~'' ~a°y private shall create any obligation on Lender~fo~ gn~y 'ons in ~ with Ea~'D~ental~Law. N tlO0°ssary, emal Cleanup. °~°g hatiin NON-UNIFORM COVENANTS. Borrower and Lender further covenant and 22. Accekratlon; Rewedid. Leader shall give notice to Bor~,a ~ ~ foltows: Borrower's breach o! say covenant or Kraase°t i° thk Sec° prior m aceelentj°° folkehtg under Section I8 a°kss AppUcabk Law provides ~ I°sa'°re°t (b°t °ot prior to secekr°ikn tbiags: (a) the defialt; (b) the aetioa r+egrir+ed to ¢ur,e err d k Lewder s~9 aotib' Borrower oi: aa>oss other that failure to care the default as specttkd may merit io ~~' (e) ~e° ~ ~1R °°u be eared; sari (d) Instrument, foreclosure by jadkLl aeO~~° of five sams soared by this Borrower of the r t to rein p~~ °ad sale of tht Property, Leader steal! Myer io~ ~ non-exktcace o[ a d~etault or ashy otfter defense °f~Boa°rt+owsr tort to assert i° t8e foreaowr+e p ~ not cured as specllied, Leader at its option ssa ~'~ ~~°t''a• U the defattk b Security Instrument without farther dema did m°mautod4te paysaeat L tYeli otali lama seared by this Pr'aeeding. bender Ntall be eatltled to collect dI Y ~~ ~~ 5ecartiy Iastrxmeat by jadkial Secbba 22, iaelnding, but aoc limited to, attorneys d ~tb of ~ ~~ t~ ~~~ pro~is+d in this APPliabk Law evidence to tie esteat permitted by 23. Release. Upon payatent of all sums secured by this Security Instruman; this the estate conveyed shall terminate and become void. After such occurrence !;~ shaU ~~' ~s>rtiment and Security Instrument. Borrower, shall pay any recordation costs. Lender ma ~ ~~ sari ~~' thts Security InsUvmem, but only if fire fee is paid to a third Y ~ Bortrnver a ~ ~' releasing this Permitted under Applicable Law Ply' for servitxs rondered and the charg~g of the fee Is 24. Waivers. Borrower, to the extent perntittad by APPlicsblo Law, waives and releases any error or defects in proceedings to enfot+ce this Security Insaumea Y exemptionamg for stay of execution, extension of time, exemption front ~~~ ~ silt of any present or future evy and sale, and homesroad 2S. Reinstateloteat Period. Bo,mower's time to ninstete providedm Sccfion 19 steal! axrend to one how prior to the commencement of bidding at a sheriil<'s sale or other sale pursuant to this Securi 2b. Parchsse Money Mortgage. If any of the debt sxrned by this ty Instn~ment. Borrower to acquire title to the Property, this Sac Security ~srrument is lent to 27. Interest Rate After J°d ~Y Instrument shall be a p~u+chaae may mortgage, entered on the Note or in an action of mo nt. Borrt-wer tf~t the ittierest rate payable after a judgment is Note. ~Se foreclosure steal! be the rate payable from time to time under the -77rE nSouac;4 eve. ~-•~••••c ,~~e~esole Mee ITNIp~pIIM II1>571~1MRN7' race ti or is MARS MoatBed Fore 3q! aLpl ~~~ 1tlNl1-~M 4w wne ~''~t~r.w iauq Ise. ~.~~~~~os~~ 3 1 x/23/2008 8:34:36 AM CUMBERLAND COUNTY Inst.# 200724928 -Page 12 of 15 BY SIGNIIVG $ELOW Borrower ~¢ °~' ~~ Instrument and in any Rider exeatted b ~ ~s to the terttss and covenants caarained in this Security y Borrower end recorded whh it. EL,~GB [Pr++++edlVmaeJ ~~) -Borrower I~Utrd xowej (Seal) -t~on~uwer !P-bwdlW~nrj ~~) -Borrower lp.+~rdN~,.r~ Certificate of Residence: UWe do hereby certify that the precise address of the within Wanted is ogee, assignee or person entitled to interost 13 0 l Ce.,.,~ra ~ E'x~r C SSw~ c.~ ~~ ko(.y~, S u ..f`..~ g o o d By: Tick: /d.6fir r...gy~,..- v lA~oa~r~t on Fidbwitg Payej -.!~ C - - ----+-~- ---~.o .-swuy'ra~e MoNF~e~liip Mae UMFQRIK 1N87R ~a"~~'" t'aR t3 0111 ~ M6~81~ed Fors ~! OINI ~~~ Coook 71 ~~Co~ ~ ~ met Im ~~~~QPSQ 56 4 12/23/2008 8:34:36 AM CUMBERLAND COUNTY Inst.# 200724928 -Page 13 of 15 Statc of Q~Q,n(l$~1Ya..rU0. ~/ County of ~~~ ~ 3 On this, the ~~~day of aPi~d SSE K ~)~ E~~ ~(~"'~ ,beforetne ,the ~Signad officer, pasonatiy whose name(s) isJare subscribed to the within • ~O~ to me (or satiaiicto>t;ly Ps'oven) to be the person(s) the purposes therein contained. ~~~, and admowhxi~ed that heJsheJthey exocwed the same for In witness whereof T hereunto set my hand and official seal, (Seal) COMMOWIMEALTH OF PENNSYIVANiA _ WolarlW SeN _~, City Of Frntebup, Oaupllk- taotaky My G~Ormnidsia~ E~g1Mee Mays t>a, 2008 Member. PennsyNanl~ Aseoefation 01 Notarla -~ ~auact, TrtG--- s ___-__~1 n ~n>L, TAk ofOIIicet 1'a{e 14 ~f 14 - - -- -• • _ +.aae~c MMIOed Feet313! q/Dt ien~eNeM.eM6 ~~~~ ObDS.'r4 Co~ii~p 3oae~, 4e. ~~`~ ~"~ J 12!23/2008 8:34:36 AM CUMBERLAND COUNTY Insi.# 200724928 -Page 14 of 15 Peel ~ o2-z1-os18-22a Borough of Carlisle, Cumberland County, Pennsylvania Tract of land on the West side of North East Street, befny imPnm,ed wHh a southern halt of a double two and ono-half story t~ncrete block ~k~g known and numbered as 142 North East Street, Carlisle, Pennsylvania 17013 ALL THAT CERTAIN house and lot of ground kacated on the West side ~ North East Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, more Pa-ikularly bounded and described as follows: BEGINNING at a point on the West side of NoAh East Street which point is the extension of the center of the partition wall between fhe properties known as No. 142 and 144 North East Sheet; thence through the center of said partition wall and abng the property now or Reichard and Ma !. Rechard 80 feet more or Isss to the prpperty E L ~sster heirs; thence ry now or formerly go now or form ~ said line Southwarrlly a d pf Z6 tb~ rrlore Or less W pre Nne of property more or less to a point on he East side of No~rtlt proms jn an Easlyyardly direction 60 feet side of North East Street 28 fast mores or bsa m the p~ BtiEO N lMNorthw~ardly abng ~ East BEING improved with a southern haH of a double two and one-haN story concrete triock dwelling house known and numbered as 142 North East Street, ~~~. Pennsylvania. .j Cert~ry ~j~~~ .. . ~ . .. . 1n Cumberl,~i~~ ~ ..~~:., ~ ; ~ . (~.: ~,, ~• J ~ f , n ..[ , ~~~~~ Y 12/23/2008 8:34:3$ AM CUMBERLAND COUNTY Inst.# 200724928 • Page 15 of 15 LEGAL DESCRIpT'ION ALL THAT CERTAIN house and lot of ground located on the West side of North East Street, in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the West side of North East Street which point is the extension of the center of the partition wall between the properties known as No. 142 and 144 North East Street; thence through the center of said partition wall and along the property now or formerly of Lester Reichard and Mary I. Reichard, 60 feet more or less to the property now or formerly of Egolfs heirs; thence by said line Southwardly a distance of 26 feet more or less to the line of propert Y now or formerly of Frank W. Reed; thence along said property in an Eastwardly direction 60 feet more or less to a point on the East side of North East Street; thence Northwardly along the East side of North East Street 26 feet more or less to the place of BEGINNING, BEING improved with a southern half of a double two and one-half story concrete block dwelling house known and numbered as 142 North East Street, Carlisle, Pennsylvania. PROPERTY BEING; 142 NORTH EAST STREET PARCEL# c~ ~ - ~1.. u ~ I ~ a a ~ File #: 194815 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 3~ DATE: ~ 1 ~ ~ File #: 194815 ~~ ~~ .~ r- '~ ~~ .~ ,_ -G . , _ ~ ` ~ ;~~ e`n _ ~ _ -y V \ ~ ~ •~ Sheriff s Office of Cumberland County R Thomas Kline ~-j ~ O Sheri fl ~` 1~tity of e,~~~r~t~~.~.~ , ~., ~ Ronny R Anderson ~~,~ t~~b ,~, ~ `. r ' te-- ~ nz -rt Chief Deputy ~^ . r _~ ~ ' Jody S Smith ~ ` `;=x Civil Process Sergeant - ~ ° t Edward L Schorpp =' ~' -~° ~ ;~ -,,.,. ,, ~.~. Y ~' ~ SOIICitoY ~' - ,~ ~_ Gountrywide Home Loans Servicing LP Case Number vs. 2009-176 Jesse K Eledge SHERIFF'S RETURN OF SERVICE 07/01/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED per instruction letter from Attorney Daniel Schmieg. SHERIFF COST: $68.85 July 07, 2009 SO ANSWERS, '~~.. R THOMAS KLINE, SHERIFF C ~ aJl.c~+ ~-- ~~r~10a~--~ 5° a ~a