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HomeMy WebLinkAbout09-1175s. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 ?MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company as Trustee for HSI Asset Securitization Corporation 2005-NCI Mortgage Pass-Through Certificates, Series 2005-NC 1 10790 Rancho Bernardo Road San Diego, California 92027 V. Jeffrey L. Barnhart 170 Old State Road Gardners, Pennsylvania 17324 and Sherry L. Barnhart 170 Old State Road Gardners, Pennsylvania 17324 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number, G / / 7 5- C ,?.J , Ne-om CIVIL ACTIONIMORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions 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. SIUSTEDNO 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 Deutsche Bank National Trust Company as Trustee for HSI Asset Securitization Corporation 2005-NC 1 Mortgage Pass-Through Certificates, Series 2005-NC 1, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Jeffrey L. Barnhart, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 170 Old State Road, Gardners, Pennsylvania 17324. 3. The Defendant is Sherry L. Barnhart, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 170 Old State Road, Gardners, Pennsylvania 17324. On May 5, 2005, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to New Century Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1907, Page 0144. The aforesaid mortgage was thereafter assigned by New Century Mortgage Corporation to Deutsche Bank National Trust Company as Trustee for HSI Asset Securitization Corporation 2005-NC 1 Mortgage Pass-Through Certificates, Series 2005-NCI, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 170 Old State Road, Gardners, Pennsylvania 17324. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 127,583.36 Interest through February 10, 2009 $ 4,004.84 (Plus $31.02 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 250.30 Corporate Advance $ 113.00 GRAND TOTAL $ 133,201.50 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $133,201.50, together with interest at the rate of $31.02 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: n4r- 'ri Attorneys for 1#aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for lainti f TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE r Prepared By ilRY 13 RM 9 97 Nov Century Mortgage Corporation 18400 Von Harman, Suite 1000, Irvine, CA 92612 800-967-7623 Return To: Now Century Mortgage Corporation 18400 Von Harman, Suite 1000 Irvine, CA 92612 800-967-7623 Parcel Number: 08-15-0199-034 ISpam Above Tiffs Um Per Recording Dotal MORTGAGE DEFINMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of wards used in this document are also provided in Section 16. (A) "Swurity Instrument" means this document, which is dated May 5, 2005 together with all Riders to this document. ($) "Borrower" is JZrPREY L. BARNHART and SB&ARY L. BARNHART, Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "[ender" is New Century Mortgage Corporation Lender is a Corporation PENNSYLVANIA • Single Family - Fannie MaioNiv is Mae umFU M INSTFWWNT 8(PA) (0407).01 /4/ Pete 1 or 18 MMlee: (. 'a VUP Mo?lams 3"ooa Mo:. (000)521--729 1.4 2001830601 E)(Iiibait A Ba 1907PGO 144 organized and existing under the laws of California Lender's address is 18100 Von xarrsan, Suits 1000, Irvine, CA 92612 Lender is the mortgagee under this Security Instrument. (D) "Nate" means the promissory note signed by Borrower and dated Kay 5, 2005 The Note states that Borrower owes Lender ONE RUPDRSD TNENTY-8SV9e1 THOUSAND TWO HMRW AM 00/100 Dollars (U.S. S 127,200. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 2035 (E) "Property" means the property that is described below under the heading 'Transfer of Rights in the Property." (F) "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. (C) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjustable Rate Rider Condominium Rider ? Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider ???]]] Biweekly Payment Rider Other(s) [specify] Prepaysent Rider (H) "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. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar 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 magaetic 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 Items" 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 amdemnatiom; 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) "Rriodic 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. ?) Q 1001830601 wau.r• ®8(PA) (aor}oi PV. x or is r G? Form 7039 1101 OKI907PGO145 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implemeraing regulation, Regulation X (24 C.F.R. Part 3.500), 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 Loner does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" mean any party that teas taken title to the Property, whether or not that parry 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 County Frype of ftemrdins judsdiniool of ADAMS INa w of Pewrdina Jnriedicdool: Sea Legal Description Attached Hereto and taade a Part Hereof which currently has the address of 170 OLD STATE ROAD Is"MI GhRDX39RS lCiuy), Pennsylvania 17324 izir C(Mde) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all ea5emera8, apputunances, 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 referted to in this Security Instrument as the "Property." 1%8(PA) ia37p1 1001830601 hWYK Pas 3 a is Form 3030 IM Y4, 'd BKI907PGO146 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveysd 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 rational use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and lender covenant and agree as follows: 1. Payment of Principirl, Interest, Escrow Items, Prepsyment CM r^ and Late ChaMea. 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 Instrument shall be made in U.S. currency. However, if any check or other instri menu 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 refine 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 uropplied funds. Lender may hold such unappl'red funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lerder shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any 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 my payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 1001930601 MNLN ?41PAl rosorm.o m PQ* 4.1 16 Feem 3030 1101 .SL. Q 8Y 1907PGO 147 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 shad 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. Funds for Escrow Items. Borrower shall pay to lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by lender under Section 5; and (d) Mortgage Insurance premiums, if any. or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, lender may require that Community Association Dues, Fees, and Assessmenis, if any, be escrowed by Borrower, and arch dues, feet 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 bender waiver Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for arty or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow items for which payment of Funds has been waived by Lender and, if Lender respires, shall furnish to Lender receipts evidencing such payment within shah time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this 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, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the tithe specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whore 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 dun the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest p 1001830601 idr.pr ?6IPA)oao>roi Pga6ania f- Form 303a 1101 .C- L t6 B1(1907PGO148 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. Lander shall notify Borrower as required by RESPA, and Borrower shall pay to lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leaxhold payments or ground rents on the Property, if any, and Community Association Uues, 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 unlace Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to LeMer, hot only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or lake 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. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Leader 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 remappirnga 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 airy flood zone determination resulting from an objection by Borrower. 4RB(PA)(04orP1 v4aa e at ra mr'r/ // IL e 3. 1001030601 Foon 3030 1101 O K I 907PGO 149 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at lender's option and Borrower's expense. lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property. or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the coat of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clatne, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance wrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work to completed. Unless an agreement is made in writing or Applicable Law requites interest to be paid on such insurance proceeds, Iender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any otter of Borrower's rights (other than the right to any refund of unearned premiums paid by Bormwer) under all insurance policies eovering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 1001830601 Ct-6(PA) M407LOI mis.r? . L h d' r?.r «ia Fawn 3039 a01 SG•? 6KI907PGO150 6. Occupancy. Borrower shall occupy. establish, and use the Property as Borrower's principal reaidence within 60 days after the execution of this security Instrument and shall continue to occupy the Properly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair die 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 pnx eeds for the repairs and restoration in s single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender nay inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loau Application. Borrower shall be in default if, during the Lou application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are net 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 Lender's interest in the Property and/or rights under this Security Instrument (such a5 a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enfelrcement of a lien 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 whatever 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 seaming and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any scans secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action order 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. 1001830601 cns.ca el. 8(PA)0407l01 ray.edrs r Few 30M 1101 8K 1907PGO 151 Any amounts disbursal by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Now 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 Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to male 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 efface, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender wilt accept, use and retain these payments m a non•refirdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require it= reserve payments if Mortgage Insurance coverage (in the amount and for the period that lender requites) provided by an insurer selected by Lender again becomes available, is obtained. and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If lender required Mortgage Insurance as a condition of making the I.oan and Borrower was requited 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-refuadable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 afkxts Borrower's obligation to pay interest &I the rate provided in the Nate. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. 7bese agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsrrer, any other entity, or any affiliate of any of the foregoing, my 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 affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premium paid to the insurer, the arrangement is often termed `captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agrearKOts will not increase the amount Borrower will owe for Mortgage Insurance, and they will not endfle Borrower to soy refund. 1001830601 ®4(PA)awo».o+ aq.edae J G U Foem3039 1101 9K 1907PGO 152 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any ether Iaw. These tights any include the right to receive certain disclosures, to request and obtain unties of the Mortgage Imsarance, to have the Mortgage Insurance terminated atrtonuttlea ft, antler to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shalt be paid to Leander. If the Property is damaged, such Miscellaneous Proceeds shall be applied to re"oraticm or repair of the Property, if the restoration or repair is economically tensible and Leader's security is not lessened. During such repair and restoration period. Lender shall have the right to bold 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 Miscellnom Proceeds. If the restoration or repair is not econorically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or errs in value of the Property, the Miscellanous Proceeds shall be applied to the ruins secured by this Security Instre mum, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or doss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or km in value is equal to or greater than the amount of the sums secured by this Security Internment immediately before due 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 Mispeligneatls Proceeds multiplied by the following fraction; (a) die 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 immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or kiss in value, unless Borrower and lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied 10 the sums secured by this Security Instrument whether or not the stems are then due. If the Property is abandoned by Borrower, or if, after notice by Leader in Borrow that the Opposing Patty (as defined in the nest 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 givens, Leander is authorized to collect and apply the Misceilaneats Proceeds either to restoration or repair of the Property or to the hums seemed by this Security Instrument. whether or not then due. "Opposing Party" mom the third party that owes Borrower MisceUatkaus Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the property or other material impairment of Lender's interest in the Property or rights tender this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by cawing the action or proceeding to be "?2 1001830601 J.ftwk / dIDID 4(PA) p4o7pi gee 10.1 la Foam 1099 1101 9.1-15 BK 1907PGO 153 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied kb restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbesrnace By Lender Not a Waiver. Extension of the time for payment or modification of annottitalion of the am secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not opm to to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tine for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand trade by the original Borrower or any Successors in Interest of Borrower. Any lorboarsaw by Lender in exercising any right or remedy including, without limitation, Looter'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 LlabOity; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and seven!. However, any 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) agmea that Lender and any other Borrower can agree to extend, modify, forbear or mate 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, *41 obtain all of Borrower's rights and benefits carder this Security Instrument. Borrower shill not be released from Borrower's obligations and liability under this 5tcurity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and "gas of Lender. 14. Loan Charges. Lander may charge Borrower fees for services performed in connection with Bormwer's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but nol limited to, allomeys' foes, property Inspection and valuation fees. In regard to any other foes, 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 this are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be calleeed 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 awns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lander rosy choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be try as a partial prepayment without any prepayment age (whether or not a prepayment ehatge is provided rot under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or lender in connection with this Security Instrument mast be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 1001830601 onMleec t1 e (PA) caroryoi esq. I e or is Foerrr 30311 1101 .,d S? 8K 1907PGO 154 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to tender. Borrower shall pnmrptiy notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shalt only report a change of address through that specified procedure. There may be onty one designated notice address under this Security Inshument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to La nder's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any 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; Ruts of Cesstnretion. This Security Instrument stall 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 ere subject to any nequiremarts 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 stall mean and include comxponding neuter words or words of the feminine gender; (b) words in the singular shalt mean and irtctude 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 Sorority Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transtrnxd in a bond for deed, contract for deed, installment oaks contract or escrow agreement, the intent of which is the transfer of title by Borrower at a firwre date 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 ttanlenell) without Lender's prior written consent, Lender may require immediate paymernt in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice 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 nay invoke any remedies permitted by this Security Instrument without further tiotice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. 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 condition are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) tames any default of any other covenants or ,ll Z 1001830601 e?.8(PA) eaor1oi MndrK S [ , ro.?zwee //''- Fomr7036 1101 1. ?. B 9K ! 907PG0 155 agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasorutble attorneys' fees, Property inspection and valuation fees, and other fees incurred for the purpose of Protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instriunerg, and Borrower's obligation to pay the stuns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are inured by a federal agency, imtrumenNality 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 Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also right be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a Change of the Um Servicer, Borrower will be given written notice of the change which will stale the carne and address of the j new Loan Servicer, the address to which payments iiordd be made and any other information RESPA I( requires in connection with a notice of transfer of servicing. If the Note is sold and dmreaf er the lean is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage ban servicing obligations to Borrower will remain with the Loan Servicer or be transferral to a successor Lou Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commerce, join, or be joined to any judicial action (a6 either an individual litigant or the member of a class) that arises from the (Aber party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) 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 acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to ` Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances" are those substances defined as toxic or hazardous substaxwe%, pollutants, or wastes by Environments! 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 healdt, safety or environmental protection; (c) 'Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. l 0 1001630601 t"ar? a(PA) (0407401 PW. 13 a Is jr Foam JOSS 1191 Bit l 907PGO 156 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Ha¢ardow 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 I Law, (b) which creates an Environmental Condition, or (c) which, doe to the preaenec, on, or release of a Hazardous Substance, creaks a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are ggenerally recognized to be appropriate to normal residential uses and to maintenance of the Property (incltaling. but not limited to, hazardous substance in conimmer products). Borrower shall eve Lender written notice of a P?PdY 8 ()any investigation, claim, demand, lawsuit or other action by any governmental or regutatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to, airy spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, one or release of a Hszwdous Substance which adversely affects the value of the Property. If Borrower larm, or is notified by any governmental or regulatory authority, or any private party, that an removal or other remediation of any Hazardous Substance affecting the Property is necessury, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender shag notify Borrower of, among other things: (a) the defoaW,, (b) the action required to cure the default; (c) when the default must be cored; and (d) that failure to core the default as specified may raper in acceleration of the some secured by this Security Instrument, foreclosure by Judicial proceeding and sale of the Property. Lander drag further inform Borrower of the right to reinstate after acceleration and the right to suat in the foreclosure proceeding the non-existence of a default or any other defers of Borrower to acceleration and fareelwnra. If the defaok In mot coned as spoeifned, Leader at its option nay require Immediate payment in full of all same secured by this Searrky Instrument without further demand and may foreclose this Security lnstromeW by judicial proceeding. Lender sball be sodded to collect all expanses Incurred in porrulsg the romedies provided in ebb See" 22, includng, but not gaited ter, attorneys' fees and costs of title evidence to the extent permitted by Applicable Low. 23. Release. Upon payment of all sums secured by this Security Instrumnt, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender doll discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the foe is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and relasex any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 2L Purchase Money Mortgage If any of the debt secured by this Security Instrmnmt is lent to Borrower to acquire title to the Property, this Security Instrument shwa be a purchase phoney mortgage. 27. Interest Rate After Judgment. Borrower agroes 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. p 1001830601 MW?4: -' 4q4(PA)no407-1.0+ Np.+smre Foan30" Vol NI907PGO457 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: 1 (Seal) rifiri(BY L. RAPJMMM -Bomnwa C(Ad ?A-n,6r, ? fj".41ji A, () T -Barmwer (.Seal) (Seel) ' -Domower .gMm? (Seal) (Seal) ` -Borrows -Bromwcr I ? (Seal) (seal) -Bnrmwcr -Borrower 1001030601 tk4(PQM407F01 pw,swre Foxe 3M 1101 i I BK 1907PGO 158 COMMONWEALTH OF PENNSYLVANIA, a(n &r Q/?j County as: On this, the day of -M G c a C)(G before me, the undersigned officer, personally appeared & ?FccnGlcnt- S' tt ?- ?acn h aowa to Ine (= ?satisfactori?) to be the persons whose rranre s i a subscribed to the within instrument and sod that Mahe d ey ecuted the same for the pu ses herein contained. IN WITNESS WHEREOF, I hereunto set m hand and ofFcial seal. My Commission Expires: (rte g •.ACWT (ALNduaon t?dlnYrubla OsaYlkR.?Co?+aY i,'?*?Qytctattl?ff pdtaApr.82007 Q?Q f' ('kal/? '? Aw+aer+nflrew-_? TitkofOffuer i Certificate of Residence L? e;7 e-A??er do hereby certify that 1' , do hereby certify that the correct address of the within-named Mortgagee is 18400 von Karmsan, Suit! 1000, I Irvin, CA 92612 Witness my hand this ?'1h day of a?3 Agent of Mongagee ?r 1001830601 ?i(PA) (DaurLat w+mr Q%. is of is m j Fam 70f 1A7 BK { 907PGO 159 ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published in The Wolf Stred Journat)-Rate Caps) 3 YEAR RATE LOCK TI11S ADJUSTABLE RATE RIDER is made this 5th day of May, 2005 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 ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to New Century Mortgage Corporation ("Lender") of the same date and covering the property described in the Security Instrument and located at: 170 OLD STATE ROAD, GARDNERS, PA 17374 (Propeny Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants arid agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.000 %. The Note provides for changes in the interest rate and monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of June, 2000 and on the same day of every 6th month thereafter. Each date on which my interest rate could change is called an "Interest Rate Change Date." (B) The Index Beginning with the first Interest Rate Change Date, my interest rate will be based on an Index plus a margin. The "Index" is the average of interbank offered rates for six month dollar deposits in the London market ("LIBOR"), as published in TGe Wall Street Journal "Money Rates" Table. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. NCMC 3117 Six Month LIBOR AdjustaMe Rate Ridor RF-411 (111803) Page 1 of3 1001830601 . L. S'G•6 BK 1907PGO 160 (C) Calculation of Changes At each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding Five And Eight Tenth(s) percentage points (5.800 % ) to the Current Index. The Note Holder will then round this figure to the nearest one-eighth of one percentage point (0.125%). Subject to the limit stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Interest Rate Change Date. (t) interest-only period. The "Interest-only Period" is the period from the date of this Note through June 1, 2008. For the Interest-only Period, the Note Holder will calculate the amount of the monthly payment to be one-twelfth (1/12th) of one (1) year's interest at 7.OW* per annum. The result of this calculation will be the amount of my monthly payment until the Interest Rate Change Date. (ii) Amertbatlmr Period. The "Amortization Period" is the period after the Interest-only Period and continuing until the Maturity Date. During the Amortization Period, after calculating my new interest rate as provided in Section 4(C) above, the Note Holder will then calculate the amount of the monthly payment that would be sufficient to fully repay the remaining unpaid principal in equal monthly payments by the Maturity Date, assuming, for purposes of each calculation, that the interest rate remained unchanged during that period. The result of this calculation will be the new amount of my monthly payment. (D) Limit on Interest Rate Chaages The interest rate I am required to pay at the first Change Date will not be greater than SAW % or less than 7.000"/0. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one and one halfpereentage points (1.5"/a) from the rate ofinterest I have been paying for the preceding month. My interest rate will never be greater than 14.0000/9 or less than 7.41M. (E) Effective Date of Changes My new interest rate will become effective on each Interest Rate Change Date. I will pay the amount of my new montbly payment beginning on the first monthly Payment date after the Interest Rate Change Dale until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver of mail to me a notice of any changes in my interest rate and the amount of my monthly payment at least 25 days beforc the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. 11. GOVERNING LAW - SECURED NOTE The Note is governed by federal law and the law of the jurisdiction in which the property encumbered by the Security Instrument (as defined below) is located. In addition to the protections given to the Note Holder under the Note, a Mortgage. Deed of Trust or Security Dad (the "Security lnsu mrarlt"? dated the same date as the Note protects the Note Holder from possible losses which might result if I do not keep the promises which I make in the Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under the Note. Some of those conditions are described as follows: ?l • )3 NCMC 3/27 Six Month LIBOR Adjustable Ram Ridrr Pago 2 of3 10011130601 RE-411 (111803) 6KI907PGO161 Transfer of the Property or a Beneficial loterea In Borrower. If all or an pad of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is so&d or trsosPomed and Borrower is not a natural person) without Lender's prior written consort, Lender may, at its option, require immediate payment in foil of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lends 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 delivered or mailed within which Borrower must pay all sums secured by ibis 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 Borrowa. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ?L. BARNHART eiam.« -MEMY)L BA ART .uaro.+e. dmm?w?a -BnRn.? (Sign Original Only) -&wuv cr -%"M_ 4IMMwer -0nM" r W24C 3/27 Six t&ut4 LIBOR Adjust" Rea Rider R13411 (1118113) Pass 3of3 IBtilf136G01 BKI907PGO162 PREPAYMENT RIDER ADJUSTABLE RATE LOAN This Prepayment Rider is made this 51h day of May 2005 , and is incorporated into and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undcrsignrcd (the "Borrower") to secure repayment of Borrower's Note to Now Cenhry Mat%lop Carpma0on (the "Lender'). To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Note and/or Security Instrument, the provisions of this rider shall prevail over and shall supersede any such inconsistent provisions of the Note and/or Security Instrument In addition to the covenants and agreements made in the Note and Security Instrument, the Borrower and Lender further covenant and agree as follows: 5. BORROWERS RIGHT TO PREPAY I have the right to make prepayments of print" any dme before they are due. A payment of principal only Is known as a "prepayment". When I make a prepayment, I will tea the Note Holder in writing I am doing so. The Note Holler will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless: the Note Holler agrees In writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment If within S year(s) from the data of execution of the Security Instrument, I make a fall prepayment or, in certain cases a pardal prepayment, and the total of such prepayment(s) in any 12-month period exceeds TWENTY PERCENT (2111%) of the original principal amount of Ibis ban, I will pay a prepayment charge in an amount e"I to the payment of 6 months advance brterest on the amount by which the total of my prepayment(s) within that 12-momb period exceeds TWENTY PERCENT (241%) of the original principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Prepayment Rider. Pt=RE'Y L BARNHART ERRY I (crut'y this to be recorded In Cumberland County PA NCMC Prepay Rider - ARM (Multistate) ???? RE-103 (02f4m) Page 1 ur l 9K t 907PGO 163 Exhibit "A" ALL THAT CERTAIN, SITUATE IN DICKINSON TOWNSHIP, IN THE COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: i BEGINNING AT A POINT IN THE CENTERLINE OF OLD STATE ROAD T-522 ON THE DIVIDING LINE BETWEEN LOTS NOS. 11 AND 12 ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN; THENCE BY SAID DIVIDING LINE SOUTH 60 DEGREES 31 MINUTES 09 SECONDS EAST 173.08 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOTS NOS. 11 AND 14 ON SAID PLAN SOUTH 30 DEGREES 55 MINUTES 17 SECONDS WEST 120.00 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF LINDA S. HERMAN AND DONALD NACE SOUTH 26 DEGREES 67 MINUTES 00 SECONDS WEST 362.10 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF LAVERN BLACK NORTH 61 DEGREES 05 MINUTES 02 SECONDS WEST 186.06 FEET TO A POINT; THENCE BY i THE CENTERLINE OF OLD STATE ROAD T-522 NORTH 29 DEGREES 28 MINUTES 58 SECONDS EAST 483.54 FEET TO A POINT, THE PLACE OF BEGINNING. CONTAINING A TOTAL LOT AREA OF 1.9551 ACRES, INCLUDING THE PORTION OF SAID PREMISES UNDER AND SUBJECT TO THE DEDICATED RIGHT-OF-WAY OF OLD STATE ROAD T-522; AND BEING LOT NO. 11 ON A SUBDIVISION PLAN FOR MICHAUX MEADOWS, PHASE II, AS RECORDED IN THE i OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 64, PAGE 42. PARCEL # 08-15-0199-034 BK 1907PGO 164 lv ? v ? d n n l ) -a hJ E- .s ms's G ? Cr? !^ l -cl TI T1 `y `a a? d SHERIFF'S RETURN - REGULAR CASE NO: 2009-01175 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS BARNHART JEFFREY L ET AL WILLIAM 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 BARNHART SHERRY L the DEFENDANT , at 0020:27 HOURS, on the 6th day of March 2009 at 170 OLD STATE ROAD GARDNERS, PA 17324 SHERRY L. BARNHART by handing to 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 Mileage Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 03/20/2009 MCCABE WEISBERG & CONWAY By: ? - day Deputy Sheriff A. D. r ?t C1 CJ y T CL- CV SHERIFF'S RETURN - REGULAR CASE NO: 2009-01175 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST C VS BARNHART JEFFREY L ET AL William 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 BARNHART JEFFREY L the DEFENDANT , at 0020:27 HOURS, on the 6th day of March , 2009 at 170 OLD STATE ROAD GARDNERS, PA 17324 SHERRY L. BARNHART, ADULT IN CHARGE 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 18.00 MILEAGE 9.00 Affidavit .00 Surcharge 10.00 .00 37.00 Sworn and Subscibed to before me this of by handing to day So Answers: R. Thomas Kline 03/20/2009 MCCABE WESIBERG & CONWAY By: Deputy Sheriff A. D. <; > t C\j W -V L7 ? N ?