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HomeMy WebLinkAbout09-0279 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 ?1EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 5) 790-1010 Citibank N.A. As Trustee For Chase 02-4 800 Brooksedge Boulevard Westerville, Ohio 43081 Cumberland County Court of Common Pleas Number 09 '? 71 el V/ ? ;-(rm v. Kenneth R Roush 14 Paradise Drive Carlisle, Pennsylvania 17015 and UNITED STATES OF AMERICA c/o United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, Pennsylvania 17108 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 OFFERLEGAL 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 ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTEDNO 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 Plaintiff is Citibank N.A. As Trustee For Chase 02-4, a corporation duly organized and doing business at the above captioned address. The Defendant is Kenneth R Roush, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 14 Paradise Drive, Carlisle, Pennsylvania 17015. On September 6, 2002, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Chase Manhattan Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1771, Page 2891. The aforesaid mortgage was thereafter assigned by Chase Manhattan Mortgage Corporation to CitibankN.A. As Trustee For Chase 02-4, Plaintiff herein, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. On March 29, 2007, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $197,681.90, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 07-1718 FTL, in favor of the United States of America against Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. Notice of this lien was filed on March 29, 2007, at the Office of the Prothonotary of Cumberland County, by the Internal Revenue Service, Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "A". On August 21, 2007, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $42,102.75, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 07-4972 FTL, in favor of the United States of America against Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. 8. Notice of this lien was filed on August 21, 2007, at the Office of the Prothonotary of Cumberland County, by the Internal Revenue Service, Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "B". 9. On July 31, 2008, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $29,336.51, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Number 08-4602 FTL, in favor of the United States of America against Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania. 10. Notice of this lien was filed on July 31, 2008, at the Office of the Prothonotary of Cumberland County, by the Internal Revenue Service, Internal Revenue Service, Philadelphia, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "C". 11. By the filing of this action, Plaintiff seeks a judicial sale of the premises hereinafter described. 12. The premises subject to said mortgage is described in the mortgage attached as Exhibit "D" and is known as 1437 Trindle Road, Carlisle, Pennsylvania 17013. 13. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 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. 14. The following amounts are due on the mortgage: Principal Balance Interest through December 16, 2008 (Plus $16.20 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Escrow Advance NSF Fees $ 51,992.79 $ 2,230.65 $ 1,250.00 $ 1,408.63 $ 48.00 $ 2,574.20 $ ?n nn UKANDJUTAL $ 59,524.27 15. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $59,524.27, together with interest at the rate of $16.20 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property and that the lien of the United States of America be discharged. McCABE, WEBERG?AND CONWAY,P.C. BY: Attorneys for aintiff TERRENCE J. McCAB , S IRE MARC S. WEISBER ES IRE EDWARD D. CONWA SQUIRE 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, WEIS§W AND-C9,NWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ES l MARC S. WEISBERG, ESQ EDWARD D. CONWAY, ES I MARGARET GAIRO, ESQUIRE 3 Form 668 MW Department of the Treasury - internal Revenue Service (Rev. 1`ebruary 20041 Notice of Federal 'fax Lien) Area: SMALL BUSINESS/SEL7 EMPLOYED ?A #2 Serial Number Lien Unit Phone: (800j 913-6050 352469307 As provided by section 632 t, 6322, and 5323 of the Internal Revenue Code, we are giving a notice glut takes (including interest and penalties) have been assessed against the folbwingInammed tti,xl ayer. We have made a demand for payment of this 1iibility, but it remains unpaid. Therefore, there Is a Hen In favor of the United States on all property and rights to Property belonging to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may acclrue. Name of Taxpayer KENNETH TZ Wt 11 114M Residence 14 PARADISE DR CARLISLE, PA 17015-9725 r w• V J -_1 f i r h r L For Optional Use by Recardin Offloe A4 4, a, 90114, C3 r%> -n Fill ` N =2a ,L> ti T ?- _- a: iT rn IMPORTA)tl'f RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is ref+fed by the date given in column Wr this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 63Z5(a}, Tax Period Date of 'Last 0 for Kind of Tax Ending Identifying Number Assessment Iin a) b) d e 1040 12/31/2002 XXX-XX-9812 08/22/2005 09/21/2015 1040 12/31/2003 XXX-XX-9812 10/23/2006 21/22/2016 1040 12/31/2004 XXX-XX-9812 10/23/2006 11/22/2016 hiblot A Place of Filing Prothonotary Cumberland Country Carlisle, PA 17013 Unpaid A?s entt 46546,59 75182.84 75952.37 Total I$ 197681.90 This notice was prepared and signed at DETROIT, MI the 20th day of March 2007 Signature for JEFFREY WHITE v-? r-rrunc?te of orriccr authorized by law to taka Rev. Rut. 71-0.66, 1971 - 7 C.B. 409) , on this, Title REVENUE OFFICER 22-06-1450 (717) 777-9623 x1300 ment is not oasentlal to the validity of Notice of Fedcral Tax lien FM I - XW% BY Racwdiug Office Form 668(Y) (c) (Rev. 2-2004) 4 Department of the Treasury - Internal Revenue Service 8 (c) Rev. tFebrua a a6 (ROV 04) Notice of Federal Tax Lien ry (Y 2004) Area: Serial Number SMALL. RUSINIESS/9 316F EMPLOYED AREA #2 Lien Unlit Phone: (800) 913-6050 383959907 As provided by sedlon 6321, 6322, and 6333 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed apinst the followilormwed taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a Ilea in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. Name of Taxpayer KENNETH R ROUSH Residence 14 PARADISE DR CARLISLE, PA 17015-9725 y5?a 7-/ For Optlorwl Use tn/ Recordi P4 Pw r /Cr. gro IMPORTANT RIri,WE INFORMATIOW: For each assessment listed below, unless notice of the Hen is retiled by the date given in column (e), this notice shall, on the day following such data, operate as a certificate of release as defined in IRC 6$25(a). Tax Period date of Last Day for Kind of Tax )Ending Identifying Number Assessment Refilling a d c d (9- 1040 12/31/2005 XXX-XX-9812 07/16/2007 08/15/2017 1040 12/31/2006 XXX-XX-9812 07/09/2007 08/08/2017 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI .71 -- C7 r- c". -c Unpaid Balance of Assessment 23867-61 18215.14 Xhalbit 8- Total $ 42102.75 on this, the 10th day of August , 2007 Signature -?? A REtle VENUE OFFICER 22-06-7_450 for JEF2"REY WHI=TE (717) 777-9623 x1300 (NCffE: Certificate of officer authorized by law to take acknowledgment is not essenfiel to the vslld:ty or Notic4 of Federal Tax lien Rev, Rul. 71-466,1971 - 2 C.B. 409) Form 668(Y)(t) (Rev, 2-2004) v,r,. i - Kent By Recording Olnea CAT. NO S0025X Form 668 (Y)(c) (Rev. February 2004) Area: SMAT4 BUSINESS/SELF EMPLOYED ARIA #2 Lien Unit Phone: (goo) 913-5050 Serial Number 45843480E As y?ravlded 6a? sectWn 632t, 6322, and 6323 of the ItirWtil A Revenue Code, wt are 9Mns a notke that tastes (inclad 64ve been a 6ag interest and !pe»altks) assessed amt the (400whiS?named a demand for PaY tt of this iktib tax;wyer' We have made there Is a lien in favor of the Uniteed States on 411 ?s P oM+tanW and rights 7r1gW rat, property 6e>lo?g to this h a to addhionsli ?' for tine atnoueed of these taxes, and PenAkilu, into"t, and tows that map accrue. IemP NIT Tavnn..,.. Residence 14 FAItADISE DR CARLISLE, PA 17015-9725 t. y at Use I Ottlce .A. P4 t/9.tm NPORTANT RELiEME INFORM 1noW. For each assessment listed below, unless notice of the (ten is refiled by the date given in column (a), this notice shall, on the dey following such date, operate 38a! s a certificate of release as defined in IRG 6325(a). Twat leriod Last Day for Kind of Tax Eoding fde At^sra'p-wont (a) [b) 1 1-% rt fyln >~y??r _ g 1040 12/31/2007 XXX-XX-9812 05/26/2008 t}6/zs/2018 ' xh'ibit Place of Filing Prothonotary Cumberland County Carli Sle, PA 17013 29336:51 Total I$ 29336.51 This notice was prepared and signed at DETROIT, MI the 22nd day of July 2008 Signature for JEFFREy(WHITE ,W^I_ _. , on this, Title Rig OFFICER 22-06-1450 (717) 777-S92A Department of the Treasury - Interns) Revenue Service Notice of Federi dE Tax Lien _ N o C L ( W ? 1 • ' ' Z tlnPald Baianctl. of ant Rev. Rut, 71- 4g6, 7 97 t rn 2 C g 409,ed by few to take acknowledgment ie not essential to the validity of Notice of Federal' Tex lion ROBERT P. ZIEGLE'R RECORDER OF DEEDS "'."48ERLAND COUNTY-P4 '02 SEP 6 Phi 2 10 Prepared By: Return To: Baia, dine Chase Manhattan Mortgage Corp. Attr Document Control, Dept-400, 10790 Rancho Bernardo Rd, San Diego, CA 92127 Parcel Number: Above TWA Une For ReewdMg Vauj MORTGAGE DEFINMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Insbument" means this document, which is datedseptesiber 6, 2002 , together with all Riders to this document. (B) "Borrower" is RBI=TH R ROUSH Exhibit D Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Chose Manhattan Mortgege Corp. Lender is a Corporation 1870106921 PENNSYLVANIA - Single Family - Fannia MaNFreddN Mac UNIFORM INSTRUMENT Form 3039 1101 (ft-SIPA) moos) Pps 1 of 18 wraw kN VMP MORTGAGE FORMS -1800)521-7291 O K I 77 i F-2891 , 1 organized and existing under the laws of New Jersey Lender's address is 343 Thornall Street Wison, Now Jersey 08837 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedeeptember 6, 2002 The Note states that Borrower owes Lender tilty-Three Thousand lfine Hundred silty and 00/100the Dollars (U.S. $53,950.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F7 "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "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 0 Condominium Rider Second Home Rider Balloon Rider VA Rider Planned Unit Development Rider ? Biweekly Payment Rider 1-4 Family Rider Other(s) [specify] esc row XWound Rider (lI) "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 judicial opinions. m "Community Association Dues, Fees, and Assreaments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "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 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. (Iq "Escrow Item" means those items that are described in Section 3. (L) "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 S) 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. (M) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "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. 1670106921 WS(PA) wwm Pop 2 of 1e Fwrm 3039 1101 BK177irru`2892 i (O) '% SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Pan 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 Tel" mortgage loan" umdes RESPA. (F) "Succem r in Interet of Borrower" meow 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. 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 and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the couwry [Type of Reoordioa 1wisdiaion] Of Cumberland [Name of Reeordina luridicdon]: Ste Attached 8chadala A which currently has the address of 1437 TRnWLS RD CARLXSL= ("Property Address"). [mi] [City], Pennsylvania 17 013 [Zip Codel 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." 1870106921 (ft-MPA) (ooosi PW 3 or It Form 3038 1101 BK 177 1 PG2893 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 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 Leader covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, PlMaynwd Chargra, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Insrivmmt 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 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. 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 payment 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 unapplied funds until Borrower slakes 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 therm 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 hafrument 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 because 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 Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late 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 1870106911 4 ftAPA) woos) vq. a or is Form 3089 1101 6K 177 1 PG2894 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, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fun& for lrm"w Roam. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in loll, a am (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 lieu or encumbrvince 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 time during the term of the Loan, Leader may requite that Community Association Dues, Foes, 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 under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Linder waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lander 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 writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the mounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Leader receipts evidencing such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the 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, Lander 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 Lender all Funds, and in such amounts, that are then required under this Section 3. Lander 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 RESPA, and (b) not to exceed the maximum amount a Lander 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. Lander shall not charge Borrower for holding and applying the Funds, annually analyzing 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, Lander shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 1870106911 f-6(PA) mos? Pao. s of Is Form 3039 1101 BK1771P62895 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly 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; Lima. 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 Leader's. opinion operate to prevent the enforcement of the lien 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 lied which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lied. Within 10 days of the date on which that notice is given, Borrower shag satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Inaiwanee. 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 Leader 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-time charge 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 with the review of any flood zone determination resulting from an objection by Borrower. 1870106921 MV PA) err m ul ww $ of is Form 3089 1101 BK1771PUG2896 , If Borrower farts 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 inscraacc coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lends under this Section S shall become additional debt of Borrower seamed 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 Leader as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Leader 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 requited by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance cattier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Leader 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 undertakers 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 is made in writing 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 Leader's security would be lessened, the insurance proceeds " be applied to the sutras 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 rnsursnce 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 Lander 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 an 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. 1870106921 f-6(PA) moos) P"07 of 16 Form 3038 1/01 8H1771PG2897 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal resident within 60 days after the exaction 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 header 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; Lupectiou. 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 m 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. Larder or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Larder may inspect the interior of the improvements on the Property. Larder shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. 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 Larder (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 fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Larder'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 liar which may 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 wherever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums sacred 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 other code violations or dangerous conditions, and have utilities turned on or off. Although Leader 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 authorized under this Section 9. 1670106911 -e(PA) roooe) paw $ of If Form 3039 1/01 BK1771F-2898 Any amounts disbursed by Lender under this Section 9 shall biome 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 the 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. 10. Mortgage Imwonce. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance: coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Leader. 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. Lander will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Iusuramcc. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loam 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 available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Leander 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 Leader's requirement for Mortgage Ina atxx ends in accordance with any written agreement between Borrower and Leader 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 loam it may incur if Borrower does not repay the Loam as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such innuance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce Jos=. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or patties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Leader, any purchaser of the Note, another insurer, any reinsurex, 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 reducing losses. If such agreement provides that an adMiate of Lender takes a than of the insurer's risk in exchange for a share of the 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 terns of the Loan. Such agreements will not Inerdme the amount Borrower will owe for Mortgage Insumnee, and they will not entitle Borrower to any refund. 1870106911 QVIPAm fooom PWG s of to Fonn 9039 1/01 BK1771IG2899 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance tinder 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 recdve 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 arc 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 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 been 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 Leader's security would be lessened, the Miscellaneous Proceeds WWI 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 loan 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 before the partial taking, destruction, or loss in value, unless Borrower and Lender 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 partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property imrau diately before the partial tatting, 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 Leader otherwise 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 to default if any action or proceeding, whether civil or criminal, is begun that, in Leader's judgment, could result in forfeiture of the Property or other material impairment of Leader'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 1870106921 is (lk-6(PA) toooe) Pop loaf le Form 3038 1101 BK 177 1 PG2900 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 than are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Leader. 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. Donoww Not Released; Forbe u vw By Leader 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. Lander 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 Leader in exercising any right or remedy including, without limitation, 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-enigma:; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, say Borrower who 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 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Leader 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 not be construed as a prohibition on the charging of such fee. Leader 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 seas 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 limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any scums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Linder may choose to make this refund by reducing the principal owed under the Note or by nuking 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 leader in connexion with this Security Instrument must be in writing. Any notice to Borrower in connexion with this Security Instrument shall be deemed to 1870106921 4#-?- GMA) woos) Page 1 i of 1e FOM 3038 1101 BK1771PG29©I 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 Addmss unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Leader 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 time. Any notice to Lender shall be given by delivering it or by mailing it by fist class mail to Grader's address slued herein unless I.mder has designated another address by notice to Borrower. Any notice in connection with this Security Inert shall not be deemed to have been given to Grader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument. 16. Governing Law; Severability; Rates of Conetraedon. 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 mom 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 Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a BawMW JAW W 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, installament ales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future due to a purchaser. If all or 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 Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security 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 Accda'ation. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property 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 Grader 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 1870106921 (M-61PA) ioooe) Pen" 12 of ie Form 3039 1101 BK 177 1 FG2902 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 rewire 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 rdnot ment sums and expenses in one or more of the following forms, as selected by Lander: (a) cobs; (b) money order; (c) oati--- check, bank chock, treasurer's check or cashier's check, provided any such check is olrawn 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 18. 20. Sale of Note; Change of Loan Servier; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A axle 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 Sevicer unrelated to a sale of the Note. H 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. N 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 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 purchaser. Neither Borrower nor Lender may comrowce, 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 buttument, until such Borrower or Leander 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 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 accelendon 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. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or waster by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remo U 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. 1870106911 IMAM ® OMA) Moos) P" 13 of 16 Fenn 3098 1101 BK 177 1 PG2903 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 The preceding two sentences shall not apply to the presence, use, or storage on the ?pa? of small quantities of Hazardous Substanca that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous snbstances in consumer products). Borrower shall promptly give Lender written notice of (a) my investigation. claim, demand, lawsuit and any or odw action by any governmental or regulatory agency or private party Involving the Propatyro any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, Environmental Condition, including but not limited to, any spilling, leaking, 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 overnmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create say obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acoderatdou following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to atxdemliou under Section 18 unless Applicable Law provides otherwise). Lander shall not* Borrower of, among other things: (a) the default; (b) the action required to cure the dda ; (cwt in the default mast be cured; and (d) that failure to cure the default as spedW may acceleration of the wens neared by this Security Instrmment, foreclosure by judicial proceeding and sale of the Property. Lender shall firdur Inform Borrower of the right to reinstate alter acceleration and the right to assert In the forvckom pig flu non-axidence of a defauk or any other defense of Borrower to accelmdon and foredomm If the default is not curled as speclflel, Leader at its option may require immediate ppsaymemat in fall of all seen secured by this Security Instrument without further demand and may f wedose this Security Inobveoent by judicial pro nmlin . Lender shall be entitled to collect all expenses dncarred In pursuing the remedies provided in this Section 22, mending, but not limited to, attorneys' fns 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 exists. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee-is permitted under Applicable Law. 24. Walvas. 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. Reinatatemant Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sberiff s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the property, this Security Instrument shall be a purchase money mortgage. 27. Ia crut Rate After Jtx>gcoent. 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 the Note. 1870106911 ?n11d.•%"?? -81PA) wooer Pop 14 of is Form 3039 1/01 get 177 1 FG2904 t 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. Witnesses: Q 9" -4 (seal) XZIUMM R BOUBE -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 1870106921 f 6IPA) boos) rw. 15 or is $K 177 1 PG2905 _ (Seat) -Borrower _ (Seal) -Borrower (Seat) -Borrower Form 3039 1101 L . t Certificate of Residence , do hereby certify that I, the correct address of the within-named Mortgagee is 1437 TRnWLX RD MIMI", Pennsylvania 17013 Witness my hand this 6Ti3 day of September, 2002 Apm of MorWW commoNwEALTH of PENNSYLVANIA, C." a1Y69X cAA16 county as: On this. the 6T8 day of September, 2002 undersigned officer, personally appeared KVMTH R ROVSH , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that be/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I bercunto set my hand and official seat. My Commission Expires: A wadal Seal Harold S. Irvin Ill, Nobuy Public Ca"W Bolo. Cumbefiand CCU* My E»ns Sept. 23.2002 01 Member, p"nsylvawa ASSOCWM Nobl? Tide of Officer 1870106921 6V PA) w0i as. 16 of is BK 177 1 PG2906 Ir?'a , : tta 1i3Ar)fr .? a; f r• .? , e c• ? ? r . Form 3039 1101 Loan # 1870106921 1-4 FAMILY RIDER Assignment of Rents THIS 1-4 FAMILY RIDER Is made this 6TH day of sopteober, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the 'Security Instrument") of the same date given by the undersigned (the wBorrowee) to secure Borrower's Note to chase Manhattan Mortgage Corp. (the "Lender") of the same date and covering the property described in the Security instrument and located at: 1437 TRINDLB RD CARLIKS, Pennsylvania 17013 ftwerV A4dna 1.4 FAMILY COVENANTS. In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the property described in the Security Instrument, the following items now or hereafter attached to the property to the extent they are fixtures are added to the property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, Including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached floor coverings now or hereafter attached to the Property, all of which, Including replacements and aWltions thereto, shall be deemed to be and remain a part of the Property covered by this Security Instrument. All of the foregoing MULTISTATE 1-4 FAMILY RIDER C-6015 (VOO) Page 1 of 4 (Rap1wa 9.198) Form 3170 3M BW 17 7 1 PG2947 together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to In this 1-4 Family Rider and the Security Instrument as the "Property.* S. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or Its zoning classification, unless Lender has agreed in writing to the change. Bon wer shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. F. BORROWER'S OCCUPANCY. With regard to non-owner occupied investment properties, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property deleted. For all properties, all remaining covenants and agreements set forth in Uniform Covenant 6 shah remain in effect. G. ASSIGNMENT OF LEASES. Upon Lender's request, after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this Paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ('Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower MULTISTATE 14 FAMILY RIDER C-6015 (2/00) Page 2 of 4 (Repla= 2/98) Fan 71701/99 gKt7?IPG2908 authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Paragraph 22 of the Security Instrument and (li) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower. (1) all Rents t received ?s Borrower ? ay ?? hold ?y Borrower as trustee for the benefit of Lender only, to be applied Instrument; (ii) Lender shall be sntitled to called and receive all of the Rents of the Property; (Iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shag be applied first to the costs of taking control of and and collecting Rents, including, but not funned to, attorney's fees, receivers fees, managing the Property premiums on revel vets bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lenders agents or any judicially appointed receiver shall be liable to ac m nt for only # me Rents actually received; and (vi) Lender shall be entitled to have a recehrer appointed to take possession of and manage the Property and called the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the cost of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising Its rights under this paragraph. Lender, or Lenders agents or a Judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lenders agents or a judicially appointed receiver, may do so at any time when a default ?? occurs. Any application of Rents shag not cure or waive any default ore invalidate any when all the sums right remedy of Lender. This assignment of Rents of the Property shall by the Security Instrument are paid in full. MULTISTATE 1.4 FAMILY RIDER C-6015 (2/00) Page 3 of d (Rephou 2148) Form 3170 Y" 8K 177 1 PG2909 I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. Borrower I ZNMTH R ROUSH Date Borrower Date Data Borrower MULTISTATE 1-4 FAMILY RIDER C-6015 (2100) Pogc 4 of 4 (Re9leca 2/98) Date Data Borrower Date Date Borrower Date Pam 3170 719 gK1771PG29V0 1870106921 ADJUSTABLE RATE RIDER PAOR bvwx - Rat• caps) Of Septsa?r ? 2002 THIS ADJUSTABLE RATE RIDER is made this inSTU day to and shall be deemed to amend and supplement and is Incorporated Instrument!) of the some date given by the the Mortgage, Deed of Trust or Security Deed (the "Y undersigned (the "Borrower") to secure Borrowers Adjustable Rate Note (the "Note") to chase Manhattan Mortgage Corp. (the "Lender") a corporation organized and existing under he la of Now Instrument and located at of the same date and covering the property the Security 1437 TLS RD CARLISLE, pannsylvania 17013 (RcpMb Ad*w) THE INTEREST THE NOTE CONTAINS PROVISIONS E NOTE LOWING LIMRS T? AMOUNT THE OORROWER'S AND THE MONTHLY PAYMENT. TH RATE THE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to h e the covenants and $greements made in the Security Instrument, Borrower and Lender further covenant rate PAYMENT CH eANGEES375/1000 A. INTEREST RATE NDMONTHLY The Note provides for an initial Interest 11.375 MULTISTATE LIBOR ARM RIDER BG$733.LT (1101) Page 1 of 3 (replaces 2100) gK 17 7 1 PG 291- t The Note provides for changes in the Interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dabs 2005 The interest rate I will pay may change on the 1sT day of September, Interest rate could and on that day every sixth month thereafter. Each date on which my change is called "Change Date". (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of Interbank offered rates for six month U.S. dollar-denominated deposits In the London market ("LIBOR"), as published in The Wall Street Joumal. The most recent index figure available as of the date 45 days before each Change Date is called the "Current Index". If the Index is no longer available, the Note Holder will chow a new index which Is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and 250/1000 percentage points (6.250 %) to the Current Index. The Note Holder will then o round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject the limb stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Change Date. payment that would be sufficient to The Note Holder will then determine the amount of the monthly repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 14.375 or less than 11.375 Thereafter, my Interest rate will never be increased fromrthe rate decreased non any terestslnhave been paying ?r the than one and a half percentage p preceding six months. My interest rate will never be greater than ,o 18.375 %, and will never be lower than 11.375 MULTISTATE LIBOR ARM RIDER 8CW33.LT (1101) Pape 2 of 3 (replaces 2100) BK1771PG2912 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly Payment after the change Date until the amount of my monthly payment changes again. (F) Notice of Changes interest rate and the amount The Note Holder will deliver or mail to me a notice of any changes in my ion of my monthly payment before the effective date of any change. The notice will induce Iin loam ate required by law to be given to me and also the title and telephone number of a person any question I may have regarding the notice. BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rlder: Borrower KIE»TH R ROUSH Date Borrower Date Date Borrower Date Borrower MULTISTATE LIBOR ARM RIDER BC.6733.LT (1/01) Page 3 of 3 (replaces 2/00) BK1771PG2913 Date Borrower Date Borrower Date Borrower We eorrovwer I Certify this to be recorded In Cumberland County PA IZccorder of Dceds EXHIBIT A (Legal Description) ALL THOSE CERTAIN TRACTS OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: ON THE SOUTH BY THE TRINDLE SPRING ROAD; ON THE WEST BY LOT NO. 19 ON THE HEREINAFTER MENTIONED REVISED PLAN OF LOTS; ON THE NORTH BY LOT NO. 106 ON SAID PLAN; AND ON THE EAST BY LOT NO. 21 ON SAID PLAN. BEING 50 FEET IN FRONT OF THE TRINDLE SPRING ROAD AND EXTENDING IN DEPTH AT AN EVEN WIDTH FROM THE CENTERLINE OF SAID ROAD 225 FEET, MORE OR LESS. BEING LOT NO. 20 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE RECORDER'S OFFICE AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK 3, PAGE 103. TRACT NO. 2: ALL THAT CERTAIN 50 FOOT STRIP BEING THE EASTERN PART OF LOT NO. 106 AND THE WESTERN LINE OF WHICH IS PARALLEL TO PROSPECT ROAD AND IS 79 FEET, MORE OR LESS, AND THE EASTERN WHICH IS 86 FEET, MORE OR LESS, BEING ALONG LOTS NOS. 143 AND 144. BEING THE EASTERN 50 FEET OF LOT NO. 106 ON THE DALE FETROW REVISED PLAN OF LOTS, WHICH SAID PLAN IS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 3, PAGE 103. PARCEL NO. 21-22-0119-068 BEING THE SAME PREMISES WHICH ROBERT E. ROUSH, JR., BARRY L. ROUSH, FAYE A. SHEAFFER, PATRICIA J. SMITH, AND KENNETH R. ROUSH, BY DEED DATED 08-28-02 AND RECORDED 09-06-02 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN DEED BOOK 253 PAGE 2509, GRANTED AND CONVEYED UNTO KENNETH R. ROUSH, AN UNMARRIED MAN. Page 4 of 4 Order Number: 1502273 rv w £li =C ?. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00279 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS ROUSH KENNETH R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UNITED STATES OF AMERICA C/O US ATTY MIDDLE DIST OF PA but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 2nd , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So a ?/ Docketing 6.00 Out of County 9.00 Surcharge 10.00 mas Kline Dep Dauphin Co 41.25 J 7eiff of Cumberland County Postage 2.19 02/02/2009 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of , A. D. N : ca U SHERIFF'S RETURN - REGULAR CASE NO: 2009-00279 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS ROUSH KENNETH R ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROUSH KENNETH R the DEFENDANT , at 1533:00 HOURS, on the 23rd day of January , 2009 at 1437 TRINDLE ROAD CARLISLE, PA 17013 by handing to CRISTAL CAIM, OCCUPANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 4.50 00 10.00 R. Thomas Kline .00 20.50 02/02/2009 MCCABE WEISBERG CONWAY By: day Deputy Sheriff i A. D. N ?... ? ? ? ??° ?,,, - -, ? L?, Z `? ? J I? 15 , ??) Cly+ LJ ? L. ? t? f ` V SHERIFF'S RETURN - REGULAR CASE NO: 2009-00279 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS ROUSH KENNETH R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROUSH KENNETH R the DEFENDANT , at 0943:00 HOURS, on the 24th day of January , 2009 at 14 PARADISE DRIVE CARLISLE, PA 17015 by handing to KENNETH ROUSH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 ? 4 . 5 0 ,, ?" .00 • 10.00 R. Thomas Kline .00 32.50 02/02/2009 MCCABE WEISB CO WAY By: day Deputy Sheriff A. D. CYN N CIFN In The Court of Common ]Pleas of Cumberland County, Pennsylvania Citibank NA Kenneth R. Ro sh et al SERVE: United States of America No. 09-279 civil Now, January 23,. 2009 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , , 0: co, Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 ., at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 . COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA (Pol-tit of the ?$Itvrfrf uty M R EanstateDeppSnyder William T. Tully Solicitor Commonwealth of Pennsylvania CITIBANK NA Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS County of Dauphin UNITED STATES OF AMERICA Sheriffs Return No. 2009-T-0156 OTHER COUNTY NO. 09-279 CIVIL And now: JANUARY 27, 2009 at 9:10:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at C/O UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG PA 17108 ADMIN. ASSISTANT Sworn and subscribed to before me this 28TH day of January, 2009 A!? I Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff So Answers, i?41(-- Sheriif?f , B y NOTARIAL SEAL Deputy Sheriff ARY JANE SNYDER, Notary Pubii Highspire, Dauphin County Deputy: R HOPKINS M Commission Expim Sew 1 2010 Sheriffs Costs: $41.25 1/26/2009