HomeMy WebLinkAbout09-3191McCABE, 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
Attorneys for Plaintiff
Philadelphia, Pennsylvania 19109
(215) 790-1010
Citibank N.A. As Trustee For Chase 02-4
10790 Rancho Bernardo Road
San Diego, California 92127
V.
Cumberland County
Court of Common Pleas
Number to 3lQ? ?tt? ` C?
Kenneth R Roush
14 Paradise Drive
Carlisle, Pennsylvania 17015
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 ifyou
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 ]as provisioner de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A 0 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 CitibankN.A. As Trustee For Chase 02-4, a corporation duly organized and doing
business at the above captioned address.
2. The Defendant is Kenneth R Roush, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 14 Paradise Drive, Carlisle, Pennsylvania
17015.
The Defendant is UNITED STATES OF AMERICA c/o United States Attorney for the
Middle District of Pennsylvania and the last-known address is Federal Building, 228 Walnut Street, P.O.
Box 11754, Harrisburg, Pennsylvania 17108.
4. 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.
5. The aforesaid mortgage was thereafter assigned by Chase Manhattan Mortgage Corporation
to Citibank N.A. As Trustee For Chase 02-4, by Assignment of Mortgage which will be duly recorded in the
Office of the Recorder of Cumberland County.
6. 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 07-1718FTL, 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, Philadelphia, Pennsylvania. A true
and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "A".
8. 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 07-4972FTL, in favor of the United States of America against
Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania.
9. Notice of this lien was filed on August 21, 2007, at the Office of the
Prothonotary of Cumberland County, by the Internal Revenue Service, Philadelphia, Pennsylvania. A true
and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "B".
10. 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 08-4602FTL, in favor of the United States of America against
Kenneth R. Roush, and which is recorded in the Office of Prothonotary of Cumberland, Pennsylvania.
11. Notice of this lien was filed on July 31, 2008, at the Office of the
Prothonotary of Cumberland County, by the Internal Revenue Service, Philadelphia, Pennsylvania. A true
and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit "C".
12. By the filing of this action, Plaintiff seeks a judicial sale of the premises
hereinafter described.
13. 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.
14. 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.
15. The following amounts are due on the mortgage:
Principal Balance
51,992.79
Interest through May 6, 2009 $ 4,532.87
(Plus $16.20 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 1,408.63
Corporate Advance $ 1,841.50
Escrow Advance $ 2,841.36
NSF Fees $ 20.00
GRAND TOTAL $ 63,887.12
16. 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 $63,887.12,
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, WEISBERG AND CONWAY,P.C.
BY: kk,;qz- tvl??
Attorneys for laintiff
TERRENCE ?JMcCABE, 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 laintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
3
Form 668 (Y)((;) Department of the Treasury - Internal Revenue Service
(Rev. February 20041 Notice of Federal Tax Lien
Area: Serial Number
SMALL BUSINESS/SE.LP EMPLOYED AREA #2
Lien Unit Phone: (80o) 913-6650 352469307
As provided by Section 6121, 6322, and 6323 of the internal Revenue
Code, we are gMng a notice Wt tum (inclodinq interest and penahies)
have been assessed ap{nst the f &Mng-named tanatner, We have air>Ia&
a deffWd for itay=nt of this flabbity, but it rosin unpaid. 't'herefore,
there is a !lean in favor of the United States on all property and rights to
property bebngirla to dais taxpayer for Cite amount of these taxes, and
additional penalties, interest, and costs that nary acclrue.
Name of TaxAaver KENNETx u unTTeu
Residence 14 PARADISE DR
CARLISLE, PA 17015-9725
?.W a f 4, pro
y if
n
C
N)
Q
M
0
n
Fill
-
rn
IMPORTANT RELEAME MFORNATION: For each assessment listed below,
unless notice of the lien is refired by the date given in column (e), this notice shaii,
on the day fo)lowing such date, operate as a certificate of release as defined
in IRC 63Z5(a).
Tax Period base of lAst?for
Kind of 'fax Ending Identiifying Netmber Assessntient g
!.1 IL...
1040 112/31/20021 XXX-XX-9812
1040 12/31/2003 XXX-XX-9812
1040 12/31/2004 XXX-XX-9812
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
Un paid Bala
46546.69
75162.84
75952.37
Total 1$ 197681.90
This notice was prepared and signed at DETROIT, MI , on this,
the 20th day of March 2007
Signature
for JEFFREY'WHITE
(NOTE. Cerdricate of officer authorized by law to
Rev. Rul. 71-460, 1971 - 2 C.B. 409)
OB/22/2005 09/21/2015
10/23/2006 11/22/2016
10/23/2006 11/22/2016
Tiitl
REVENUE OFFICER 22-06-1450
(717) 177-9623 x1300
soknowledomant is not easerniai to the validity of Notice of Fedcrai Tax lien
Pare t - Kqn Raoordi h M1Tce Form 668(Y)(c) (Rev. 2-2004)
MON llb t
4804 Department of the Treasury - internal Revenue Service
Form 666 (Y)(c) Notice of Fe& ral Tax Lien
(Rev. February 2004)
Area: Serial Number
SMALL BUSINESS/S316F EMPLOYEb AREA, 42 383959907
Lien Unit phone: (800) 913-6050
As providsd by secdo» 6323, 6321, and 6323 of the Internal Revenue
Code, we are BIVW a notlke that taxes (Indudin: interest and iDenalldes)
have been asmsed axah+u the fogewbtgrl(llarmd dyer. We have made Therdore,
a domed for payment of this liabift., but k rends unpaid tigW to
thelre is a Ben in falror of the Unked States on an property
property belongbrg to this taxpayer for the amount of these woes, and
additional penaitks,, Mt4rest, and costs that may amore.
Name of Taxpayer
Residence 3.4 PARADISE DR
CARLISLE, PA 17015-9725
For Optlorw? Vae vy n
4d, A# • 1 a?
IMPORTANT RILEASE INFORMATION: For each assessment listed below,
unless notice of the lien is ratiled by the date given in column le), this notice shall,
on the day following such date, operate as a certificate of release as defined
In IRC 6825(a}•
Tax Poriod Data of Last Day for
Kind of Tax fafte idrenti hkl Number Assseesment R g
1040 112/31/2005 XXX-XX-9812 07/16/2007 08/15/2017
1040 12/31/2006 XXX-XX-9812 07/09/2007 08/08/2017
7.2 P' rL
h
' Cil
' N n rr-
_ -"` r7 (A 1
C'14C}
?l W A
unpaid !!lane
of Assessment
its
- -
23887.61
18215.14
Place of Filing
prothonotary
Cumberland County
Carlisle, PA 17013
Total I $ 42102,75
DETROIT, MI , on this,
This notice was prepared and signed at
the 10th day of August 2007
Signature REVEN[JE OFFICER 22-06-1450
for JEFFREY WHITE (717) 777-9623 x1300
(N cm- Certificate of oftieer authorized by law to take acknowled"M is not essential to the validity of Notice of federal Tax lien
Rev, faul, 71-466,1971 - 2 C.B. 409) v». i _ Xast By Reewdint Orntx Form 668(YCAT. {NO 800259
Exh'ib'it
Fortn 669 Mw Department of theTreasury ?` Intre?rnal Revenue Service
(Rev. FtbrusfY 20041 H0#I 6 Of ?"edW Tax Ueen - -
Area: Serial Number
SMALL, $USIX98SMEW EMPLOYED AM #2
Lien Unit Phone: (boa) 913-6050 458434808
Aso pravlded by section 6321, 6322, and 6323 of the Internal Rsvenue
Coder wt art 9Mnx a n0dM that taxes Vadudlnle hrterest and l?ataftles)
We bow atuessied t the gym. we haw wwo
a demand flvr POMMM of this M ft, but it remains unpaid. Therefore,
thane Is a lids In favor of the Vnked States on all proprrty and rights to
proP+p'h? heks" to this taxpayer for the amount of these taxes, and
additional Pte, Interest, and two that ntay accrue.
ne of Taxpayer R ROTS 14Residence 14 PARADISTi DR
CARLISLE, PA 17015-9725
Ca. u r - r Ea
0 onal use by I
?d.p,./-/ t19.tM
NQ
? <.0 :.
G
?
Ln
Unpaid llakme.
of Aunt.
94PORTANT RELEASE 9110RMA17OW; For each assessment listed below,
unless notice of the Ilan is refiled by the date given in column (e), this notice shall,
on the day following such dater operate as a certificate of release as defined
In IRC 6325(2),
Kind of Tax T E Period Date of La ; Da for
,M >t Idlntjfyllt>h Number Assesrnnant KOHME
1040 112/31/20071 XXX-XX-9912 05/26/2008 06/25/2018 '
Place of Filing
Prothonotary
Cumberlarid County
Carlisle, PA 17013
29336.51
Total I $ 29336.51
This notice was prepared and signed at DETROIT, MI
the 22 a day of July 2008
Sigrieture ;I? I - -
/
for JErMy WHITE
%+??+? ?: %-or"cete or otncer authorized by low to take
Rev. Rul. 71-486, 197t - 2 C.B. 409)
Title
, on tftis,
RAVE OFFICER 22-06-1450
(717) 777-9623 x1300
ment is not essential to the validity of Notice of Federal Tex Ilan
Exhibit C
ROBERT Is. ZIEGLER
RECORDER OF DEEDS
""."ABERLAND COUNTY-t•,%
I." u
'02 6EP 6 Pal 2 10
Prepared By:
Baia, Elise
Return To:
Chase Manhattan mortgage Corp.
Atts Doataseat Control, Dept.400,
10790 Rancho 3ernardo Rd, Ban
Diego, CA 92127
Parcel Number:
[Span Abm II& Lhw For Reewdlog L% taj
MORTGAGE
DEFINITIONS
Words used in multiple sections of this docaunc nt 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) "Secur ty Instruw=t" means this document, which is datedSeptenber 6, 2002
together with all Riders to this document.
(B) "BorroWW is IaRWRTH R ROUSH
Borrower is the mortgagor under this Security Insu uirent.
(C) "Leaader" is Chose Manhattan Mortgage Corp.
Lender is a corporation
1670106921
POMYLVANIA - SbVis FamilY - Fammlo MoalFrsdda Mac UNIFORM NSTRU)YltSrf Form 3039 1101
4k-*(PA) (oooe)
rru.a KI ?/
we.1 of is
VMP MORTGAGE FORMS - ($00)521-7291
BK 177 1 FU'289 1 ExVibit
, f
organized and existing under the laws of Now Jersey
Lender's address is 3!3 Thonra411 Strut
Wison, Now Jersey 08837
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dstodSeptnaber 6, 2002
The Note states that Borrower owes lender
tiny-Three Thonsatnd nine Mmfted !iltr and 00/100ths Dollars
(U.S. $53,950.00 ) plus interest. Borrower has promised to pay this debt m regular Periodic
Payments and to pay the debt in foil not later than Septmber 1, 2032
(L) "property" means the property that is described below under the heading "Transfer of Rights in the
(P) "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) ' Kidders" 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]
Sweraw Inpound 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.
M " Association Dues, Fag, and Assessments" means all dues. fees, assessments sod other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(n "ltleetrosic Fun& 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, inatnsct, or authorize a financial won to debit
or credit an account. Such term includes, but is not limited to, point-of-sale tranafeull, automated teller
machine transactions, transfers initiated by telephone, win trsn sfers, and automated clearinghouse
transfers.
(K) "Escrow item" means those items that are described in Section 3.
(L) "Miseellaoeoan 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" mesas insurance protecting Lender against the nonpayment of, or default on,
the LOW.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (n) any amounts under Section 3 of this Security instrument.
1870106921
4ft-6tPA) Mw) ftp s of 16 Fa,m 3030 1/01
BK1771Fi32892
$
(O) "RE.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. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that am imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(1) "Soccmer in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Inatruaxnt secures to Leader: (i) the repayment of the Loam, 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 CpumY rrM of R*Mdit 7wbdW=l
Of Cmberland [Nun of Roadies 7arbdkd=1:
sae Attached schedule a
which currently has the address of
1437 TRXMDLR RD
CMMXBLR
("Property Address"):
[Sues]
[City], Pennsylvania 17 013 ILIP Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
eamments, 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
4ft4MPA) mmi Pp" 9 of 16 Fonn 9039 1101
BK1771F'G2893
J
BORROWER COVENANTS that Borrower is lawfully seised of the estate haft conveyed and has
the right to mortgage, grant ad convey the Property and that the Property is unencumbered, Ex00pt for
encumbraaeet of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. P"MW of Pdodpal, Inky t, FACRUW Ifxms, hapayirWd ClMJJM 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 It=
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument a 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) eatified 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 Lose 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 paymmu at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lander need not pay
interest on unapplied funds. Lender may bold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return than to Borrower. If not applied earlier, such fins will be applied to the outstanding
principal baltwoe under the Note immediately prior to foreclosure. No offset or cWm which Borrower
might have now or in the future against Leader shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agneanents 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 any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
1870106911
4ft4RA) WWI Pop a of 16 Form 5038 1101
6K1771P62894
paid in full. To the extent that any excess exists after the payment is applied to the fall 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. Youls for liies+ow Rems. Borrower shall pay to Lender on the day Periodic payments are due
under the Nose, until the Note is paid in lull. a sun (the "Funds") to provide for payment of amounts due
for: (a) tam and assannents and other item which can attain priority over this Security Instrument as a
lien or eocanbranee on the Property; (b) leasehold payments or ground rents on the property, if any; (c)
premiums for any and all Insurance required by Leader under Section S; 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 item are called "Escrow
Items." At origination or at any time during the term of the Loan, Leader may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dun, fees and
81 1 1 1 arts 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 Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's
obligation to pay to Leader 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 amounts
due for any Escrow Items for which payment of Funds has been waived by lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be donned to
be a covenant and agreement contained in this Security Imstrumeat, 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 them 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 givens in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Leander all Funds, and in
such mounts, that we theft required under this Section 3.
Leader may, at any time, collect and bold Funds in an amount (a) anrfficiew to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader 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 ins red by a federal agency,
instrumentality, or entity (including Leader, 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 Item no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lander to make such a charge. Unless an agreement is mode 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 Leader can agree in writing, however, that interest
1870106911
rNdw:
ft-*(PA) noncan rw" s a 1 s Fain 3098 1101
BK 1771 PG2895
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds n 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 finds in accordance with RESPA. If there is a shortage of Funds hold in escrow,
as defined under RBSPA, 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 thin 12
maathly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower a required by RESPA, and Borrower shall pay to Deader 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 rums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, fines. and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assesanents, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manta provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agras 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 perfomsiag 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 enforce meat of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) securer from the holder of the lien an agreement satisfactory to Leader suberdiaatina
the lien to this Security Instrument. If Lender determines that any part of the property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Leader in connection with this loan.
S. Property Larranee. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extoded coverage," and any
other hazards including, but not limited to, earlhquaka and floods, for which L. nda 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 tam of
the loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may
require Borrower to pay, in connection with this Loan, either: (a) a one-titre 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 remappiags or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of say fns imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
1870106921
nraw:??-'
evPA) Komi Pow $ of is Form 3039 1101
BK 177 1 PG2896
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
caverw, 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 laser coverage thaw was perviously in effect. Borrower
adwowledges an the cost of the insurance coverage so obtained might sipiificantly mead the cat of
insurance that Borrower could have obtained. Any amounts disbursed by I asdex under this Section S shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall beer interest
at the Now rate from the dace of disbursement and shall be payable. with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Leader and renewals of such policies shall be subject to Lender's
right to disapprove web policies, shall include a standard mortgage clause, and shall time Lender a6
mortgagee and/or as an additional loos payee. Lender shall have the right to hold the policies and renewal
certificates. If Leader requires, Borrower shall promptly give to Loader 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 Leader as mortgagee and/or as an additional low payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of low if not made promptly by Borrower. Unless Leads and Borrower otherwise ague
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to ratorstion or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restongon period, Lender shall have tae right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to argue the
work has been completed to Leader's satisfaction, provided that such inspection shall be undertalm
promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in a :erica
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, Leader shall not be required to pay Borrower any
interest or earnings on such proceeds. Few 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 houraaee
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, Larder may file, negotiate and setae any available hintance
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 claims. The 30-dry
period will begin when the notice is given. In either event, or if Leader acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in as 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 premium paid by
Borrower) under all insurance polices covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
1870106931
webb: ?l?
4 44PA) woos rho07 of 16 Foam 30" 1101
BK 1771 PG2897
6. Ootupsncy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy. unless Leader
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
cirque exist which are beyond Borrower's control.
7. Preservation, Maintensum and Protection of the Property; hispectioas. 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 hall 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 releseW proceeds for rich
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the inauranee 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, Leader may inspect the interior of the improvements on the Property. L.a?der abed 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 Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Secudty 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 as a proceeding in bankruptcy, probate, for condemnation or forkiture, for
enforcement 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 securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any rime secured by a lien
which has priority over this Security Insumment: (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest is the Property and/or rights under this Security linuument. 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 under this Section 9, Leader does not have to do so sad 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.
1070106911
MV PA) mmi ?.o. s of 1e FwM 30M 1101
BK1771Fi^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
phis Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower supdres fee tick to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Irmms ace. If Leader required Mortgage Insurance as a condition of making the Loan,
Borrower a ball pay the premiama required to maintain the M r4m Insurance in effect. If, for my 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 substantiatlly equivalent to the Mortgage Insurance previously in effect, at s cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
age insurer selected by Leader. If substantially equivalent Mortgage Insurance coverage is not
avall 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. Leader will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in fall, and Lender shall not be
required to pry Borrower any interest or earnings on such loss reserve. Lander can no longer require Ion
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Leander again beoomes available, is obtained, and Leader requires
separately designated payments toward the premiums for Mortgaege Insurance. If Leader required Mortgage
Insurance as a condition of making the Lou and Borrower was tnqutired 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-rdumdable low reserve, until Lender's
requirement for Mortgage Inauraaxe auk in accordance with any written agreement betwoma Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage insurance reimburses Lender (or any entity that purchases the Note) for certain loam 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. 'Ibese agreements
are on tams and conditions that are satisfactory to the mortgage insurer and the other pasty (or parties) to
these agreeaaants. '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 rdnaurar,
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 loam. If such agreement
provides that an affiliate of Lender takes a share 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 soda agreements will not aged the amounts that Borrower lass speed to pay for
Mortgage Insuuance, or any other tams of the Loan. Such agreements will not hKTesre the amount
Borrower will owe for Mortgage Insurance, and they will not eadde Borrower to nay rdand.
1870106921
M -dtPA) moos) Pne s Of le Fom+ 3079 1101
OK1771FG2899
(b) Any such agreements will not affed the rights Borrower has - if any - with respect to the
Mortgage Ins swace taalathe Someowaers Protection Act of 1998 or any other law. IUeee dots
may hWude the rlgltt to reedve certain disclosures, to request and obtWu auoellatbn of the
Mortpgo hww wave, to have the Mortgage Iamarance terminated automadCAY, andlor to rsmeive a
rdnnd of any mortgage Iawrrance premium s that were urea reed at the time of such cmcdkdon or
talaaimadon.
11. AwWwa att of Mboelbasour Prooceeds; ForMure. All Miscellaneous Proceeds art hereby
assigned to and shall be paid to Leader.
If the Property is dtmeged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's secialty is not lessened.
During such repair and restoration period, Lender shall have the not to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Leader's satisfaction, provided that such inspection doll be underisken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
eompletad. Unless an agrecawnt is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or Ions in value of the Property, the Miscellaneous
Proceeds shall be applied to the crate 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 bas 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 Leader otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured imou disely before the
partial taking, destruction, or Ions in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loos in value. Any balance sball be paid to Borrower.
In the event of a partial taking, destruction, or lose in value of the Property in which the fair market
value of the Property immediately before the partial taking. destruction, or lose in value is less than the
amount of the am secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscallainam Proceeds shall be applied to the arms
secured by this Security Instrument whether or not the arms are then due.
If the Property in 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 reatorstion or repsir of the Property or to the
sums secured by this Security Instrument. whether or not then due. "Opposing Party" means the third patty
that owes Borrower Miscellism us 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 Larder'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
1870106471
NO":
at-G(PA) 10006) rao.10 of is Form 3038 1101
9K1771PG2900
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or otber material
impairment of Leader'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 Leader's interest in the Property
are hereby assigned and shall be paid to Lender.
All Misceliu ua Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. BsrroW Not Rdew, ; FWbM=w By Leveler Not a Waivee. Extension of the time for
payment or modification of amortization of the sums secured by this Security 100010M Vaoced by Ltoider
to Borrower or any Slnooessor in muscat of Borrom shall not Operate to rdeaea: the liability of Borrower
or any Suaxssora in Interest of Borrower. Lender shall not be required to com maee 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 tuason of say demand made by the original
Borrower or any ors in Intent 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. Joli t and Several Liability; C94omm; Successors and As ftu Botasd. Borrower covenants
and agree that Borrower's obligations and liability shall be joint and severd. However, my Borrower who
cosigns 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 awns secured by this Security
instrument; and (c) agrees dust Lender and any other Borrower can agree to extend, modify, forbear or
make any aecommodatbns 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 Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Leader.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default. for the purpose of protecting Leader 'a interest im the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property iaspetxioa and valuation fns.
In regard to any other fees, the absence of express autbority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of sucb fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted 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 sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Leader may choose to mace this refund by reducing the principal
oared under the Note or by making a direct payment to Borrower. If a refund reduces principal. the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acc epta= 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.
1S. Notices. All notices given by Borrower or Leader in connection with this Security Instrument
must be in writing. Any notice to Borrower in connexion with this Security Instrument shall be deemed to
1070106921 ^-
i,wnw
qk-et?Ab mmi PW >> Of is Form 3039 1101
BK 177 1 PG290 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 hall be the Property Address
unless Borrower has designated a substitute notice address by notice to leader. Borrower shall promptly
notify Lender of Borrower's change of address. If lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a chsmge 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 Lander :hall be given by delivering it or by mailing it by first class meth to Lender's address
stated heroin unless Leader has dpspubed soother address by notice to Bosrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lander until actually
received by Lender. If any notice required by thls Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; SeverabWty; *Wes of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligation contained in thin 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 silem shall not be construed as a prohibition agaisist agreeaoe at by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, Inch 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 man 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. Trander of the Property or a Beedkial Interest in Borrower. As used in this Section 18,
"Interest in the Property" moms sty legal or beneficial interest in the Property. including. but not limited
to, those beneficial interests traosfared in a bond for deed, contract for deed, installment eta contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property 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 seasrodd by this Security
Instrument. However, this option shall not be exercised by Larder if such exacise is prohibited by
Applicable Taw.
ff I,pder exereites this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not leas than 30 days from, the date the notice is given in aa:ordow 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 Instmummmt without finrther notice or demand on Borrower.
19. Borrower's Bright to Reinstate After Acedieration. 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 aerie of the Property pursuant to any power of are 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 eaf mtng this Security Instrument. 'Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of my other covenants or
1870106921
4 ftAPA{ OMM Pop 11 of /6 Form 3039 1101
BK1771FG2902
,
agraemeats; (c) pays all expenses incurred in enforcing this Socasrity Instrument, including, but not limited
to, re =*Ie attorneys' foes, property inspection ad valuation fees, and other foes incurred for the
purpose of protecting Leader's interest in the Property and rights under this Security instrument; ad (d)
takes such action as Leader may reasonably require to assure that Leader'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. Leader may require that Borrower pay such rainstoment sums and
acpeaset in one or more of the hollowing forms, as selocted by Lender: (a) cash; (b) maneY order; (c)
catitiad check, bank check, treasurer's check or cashier's c beck, provided any such check is drawn upon
an iastituion whose deposits are insured by a federal agtatcy, instnaneadditY or eretity; or (d) Electronic
Punds 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 can of acceleration under Section 18.
20. Stint of Note; C'luange of Loan Swview, 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 sole right result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Paymatts due under the Note and this Security instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sole 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 Servieer. the address to which payments should be made and any other information RESPA
requires in won with a notice of transfer of servicing. Tf the Note is sold and thereaft 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 tranafermd to a successor Loan Servicer and are not
assumed by the Note purchassr unless otherwise provided by the Note purchaser.
Neither Borrower nor Leader may commence, join. or be joined to any judicial action (as either an
individual litigant or the member of a class) that ariaen from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security instrument, until such Borrower or Leader has notified the other patty (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other pasty hereto a reasonable period after the giving of such notice to take corrective action. N
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 provision of this Section 20.
21. gaaardous Substatwa. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Bavimmnrntal Law and the
following substances: gasoline, kerosm, other flammable or toxic pelmlenm products, toxic pesticida
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Lim' moms federal laws and laws of the jurisdiction where the Property is located that
relate to bealth, safety or environmental protection; (c) "Environmental Cleanup" includes any rexpoase
action, mmedial 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
iduw
ftWPA) mm) r o 13 a+ 6 Fore 909! 1101
8K 177 1 PG2903
Borrower shall not cause or permit the presence, use, disposal, , or relesse of any Hazardous
Substances, or threaten to relate any Hazardous Substances, on or in ::1e.1 Borrower shill not do.
nor allow anyone else to do, anything affecting the Property (a) that vie on of any Environmental
Law, (b) which crates an Environmental Condition, or (c) which, due to the preanessoe, use, or reiase of a
Hazardous Substance. crates 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 smell quantities of
Hazardous Substamxs that are ggenerallreoostmed to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in cti).
it
Borrower shill prosgptly give Latch written notice of (a) any investigation, claim, demand, lawsuit
or other action by any govanmeotal or regnlstory spocy? or privet patty involving the P?paty and my
Hazardous Substance or Environmental Law of wbieh Borrower has actual knowledge. (b) any
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 looms, or is notified
b remedistion
an vernme ntal or authority, or nay private patty, first my removal or otter
of any Hazardous Subm;8rqi= the Property is necessary, Borrower dM p take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall ctaro any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lander further covenant and agree as follows:
e ?22. Accoleradon; >Ranedles, Lender shill give notice to Borrower prior to asedwadon following
Borrower's breach of any covenant or aVvelntat is this Seem" heirs ew (but net prior to
s0 F lgrodon Bader Section 1S onins Applicable Law provides other wbe). Lender sita8 notify
Horrower of, among other Udngr. (a) the dehnit; (b) the actin repaired to can the defaah; (e) when
the dolouh mast be eared; and (d) that Where to care the ddWnit ate willed assy rvsdt In
acceleration of the some secured by this security Isidrlameat, foredontr by it end
sale of the Property. Leader shall ilutbex inforaa Borrower of the right to rdasteft atlas' seoelss'antba
and the right to avert In the foreclosure prooeenBarg the non-ice of a deftult or any ?
defense of Borrower to accelaidw and forarlossn+e. u the deflatdt is not eared as apeaiiled, Lander at
its option may require Immea> e Vineat in [lull of all sums secured by this Saesaity Iastrmaent
vritboaut lignites' demand said may this Security her most by Judi d proaseding Leaden
shall be a tHled to called all atpenaw incurrW In the remedies provided in till Section 22,
hndodhsg, but not Bmaited to, attorneys' few and sorts of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums scarred by this Security Instmmont, this Security Instrument
and the estate conveyed shall terminate and become void. Alter such oec craw, I.ender dWl discharge
and stn* this Security Instrument. Borrower shall pay any recordation o dation coos. Lander may charge
Borrower a fee for relessmg this Security Instrument, but only if t? fee is paid to a third party for services
rendered and the charging of the fee-is permitted under Applicable Law,
24. Waivers. Borrower, to the want permitted by Applicable Law, waives and releases any error or
defeat in prooeodiugt to enforce this Security met u nttastr , 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.
23. Ralostateneent 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.
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. Iatesat Raft Afftr Jtdgss>eat. Borrower agree 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.
1870106921
4WPA) mm) Pop u of is Fenn 2039 1101
BK1771PG2904
t
BY SIGNING BELOW, Borrower accepts and apm to the tams and covenants contained in this
Sorority Instrument and in any Rider executed by Borrower and recorded with it.
Witacsses:
_ (Saw)
-Borrower
(Seal)
-Borrower
(W)
-Borrower
Y" (Seal)
xziumvz R Rt7II88 -Borrower
_ (SCSI)
-Borrower
_ (SSed)
-Borrower
_ (Sea!)
-Borrower
(Sad)
-Borrower
1870106921
4WO") 10004) NP w of is
BK 1771 PG2905
Form 3M 1101
L
Ca of este of Raklence , do hereby certify that
I,
the correct address of the within named Mortgagee is 1637 TRXNDL= RD
cl1nxnz, pemsylvania 17013
Witness my hand this 6TH day of September, 2002
Agent of MorWW
bq??7
COMMONWEALTH OF PENNMVANU, OajW/SfX bYA1/1 County ass
On this, the 6TS day of Sept: ber, 2002
undersigned OWIM, personally appeared XZN=TR R ROUSE
, before me, the
known to me (or
satisfaaorily proven) to be the person(s) whose name(s) 'Blare subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: A
NWAAd Saw
Harold S. trwin III, Notary PubKC
.20
?
LMY--,-- Cp s o t E)OM8 ?•
Member, P"MYYNania AasooiNW of
Tide of Officer
1870106911
WIPA) mom Popp 16 of 16
BK 1 77 t PG2906
iNr+w: 4"
+r?
1ltir . ~
,JJn UI! ,' h
Ffxm ao? ?ro?
Loan # 1870106921
14 FAMILY RIDER
Assignment of Rents
THIS 1-4 FAMILY RIDER Is made this 6TH day of September, 2002.
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or
Security Deed (the "Security Instrumenr) of the same date given by the undersigned (the "Borrower") to
secure Borrowers Note to cum* Manhattan Mortgage Corp.
(the "Lender) of the same date and covering the property described in the Security Instrument and
located at: 1437 TRMLZ Ra
CARLIWA, Pwmaylvania 17013
Prmaty Adbws
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 foibwitg items now or hereafter attached to the
property to the extant they are fixtures are added to the property description, and shall also constquls 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 wKh the
Property, Including, but not limited to, those for the purposes of supplying or disMbuting heating, cooling,
electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and scow
control apparatus, plumbing, bath tubs, water healers, water closets, sinks, ranges, stoves, rekigerabrs,
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 additions 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 (2/00) Pepe n of 4 (Replem 21") Tom 3170 31"
BK 17 71 PG2907
Intogether w strument Is othe Property descrbed in the n a leasehold) are referredd to In this 14 Family tWdW and the Security Instrument
"property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree b. or
make a change in the use of the Property or its zoning classification, unless Lender has agreed In writing
to the change. Borrower shall comply with aA laws, ordinances, regulations and requirements of any
govvemmental 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. "BORRO'WER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 19 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 Is deleted.
For ail properties, all remaining covenants and agreements set forth in Uniform Covenant 6 shall remain
in effect.
6. ASSIGNMENT OF LEASES. Upon Lender's request, after default, Borrower shah assign to
Lender an 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 teases and
to execule new leases, in Lender's sale discretion. As used in this Paragraph G, the word lease" shall
mean %ubtaaW 9 the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolctey and unconditionally assigns and transfers to Lender all the rants and revenues
("Rents") of the Property, regardless of to whom the Ruts of the Property are payable. Borrower
MULTISTATE 1.4 FAMILY RIDER
C-6015 (200) Paps 2 of4 (AsplaW 2/98)
Fan" 3170 3W
BK 177 1 PG2908
WWWWWOOM
r
authorizes Lender or Landers agents to coiled the Rants, and agrees that each tenant of the Property
shall pay the Rants to Lender or Lenders agents. However, Borrower 8W receive the Rants until (1)
Lender has given Borrower notice of default purmwt to Paragraph 22 of the Security Instrument and (ii)
Lender has given notice to the tenant(s) that the Rents are to be paid to tender or Lenders agent. This
assignment of Rents constitutes an absolute assignment and not an assignment for additional security
only. K Lender gives notice of breach to Borrower: (i) ON Rants received by Borrower shah be held by
Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security
Instrument: (ii) Lender shell be entitled to collect and receive all of the Rerds of the Property, (B) Borrower
agrees that each tenant of the Property shah pay s0 Rants due and unpakt to Lender or Lenders agents
upon Lenders written demand to the tenarst•, (W) unless applicable low provides otherwise, all Rents
collected by Lender or Lenders agents shag be applied first to the costs of W Mg control of an
managing the Property and collecting Rents, including, but not limited to, attorney's
premiums on receivers bonds, repair and maintenance costs, insurance premiums, tam, assessments
and other charges on the Property, and then to the sums secured by the Security Instrument. (v) Lender,
Landers agents or any judicially appointed receiver shall be liable to account for only those Rents
actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and
manage the Property and coked the Rents and profits derived from the Property without any showing as
to the inadequacy of the Property as security.
N the Rents of the Property are not sufficient to cover the oast of taking control of and managing
the Property and of collecting the Rents any funds expanded by Lender for such purposes shall become
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
ender, or Landers 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 shall not cure or waive any default or invalidate any other right or
remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured
by the Security instrument are paid in full.
MULTISTATE 1-4 FAMILY RIDER
C-6015 (2100) Pop 3 of 4 "bon 2198)
Form 3170 V"
8K 177 1 PG2909
Plow
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any tote or agreement in
which Lender has an intsrW shall be a breach under the Security Instrument and Lender may invoke any
of the remedies pormi ted by the Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and proWelons contained in this
1-4 Family Rider.
Data
Borrower l ZWWTH R ROUSH Done Borrower
Bonowwer Data
Borrower Date
Bonower
MULTISTATE 1.4 FAMILY RIDER
C-6o15 (2/OD) PW 4 of 4 (X"18 M 2198)
Date
Borrowrr Date
Borrower Date
Borrower Date
FOM 3170 3/"
BK1771PG2910
1870106921
ADJUSTABLE RATE RIDER
mftx • ?• caw)
t..t;,.r, 2002
of s„W
THIS ADJUSTABLE RATE RIDER is m?e this In6TH day to and shat be deemed to amend and suppWwt
and is incorporated Inetrwnsnt") of the same date g? by the
theundersignedMortgage((" "BDeedorrrowerTrust') o o smre ? DOW (00 Adju t" Rate Note (the "Note") to
Chaco t6.nhattan Mortgage Corp • (the "Lender")
a Corporation organized and existing under a
emlod in the Security Instrument and located at
of the same date and covering the property
1037 TRMIX RD
CI1RLISLE, pgrwaylvania 17013
rmpwV Adit")
THE NOTE CONTAINS PROVISIONS THE NOTE ? MFOR RS T?AMOUNT THE 19ipRRpy?R'S
AND THE MONTHLY PAYMENT.
INTEREST RATE CAN CHANGE AT ANY ONE TVAE AND THE MAXIMUM RATE THE
BORROWER MUST PAY.
In addition to the covenants and agreements made in the Security
ADDITIONAL COVENANTS.
Instrument, Borrower and Lender further Henant and sores as follows:
A. P;TEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of sloven and 375/1000
11.375
MULTISTATE LIBOR ARM RIDER
BC•67331T (1/01) Pape 1 of 3 (replaces 2/00)
BK 17 7 1 PG29 I- t
The Note provides for changes In the interest rate and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Chaxgs Dallas
The interest rate I will pay may change on the 1sT day of Septeab", 2005
and on that day every sixth month thereafter. Each date on which my interest rate could
charge is called "Change Date".
(f3) The Wax
Beginning with the first Charge Date, my interest rate will be based on an Index. The "Index" is the
average of Interbank offered rates for six month U.S. dolor-denominated deposits in the London market
("LIBOR"), as published in The Wail! 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 choose a new Index which Is based upon
comparable Information. The Note Holder will give me notice of this choice.
(C) Caktlothm of Changes
Sef+ore each Change Date, the Note Holder will calculate my new interest rate by adding
Six and 250/1000
peroerrtage points (6.250 %) to the Current Index. The Note Holder will then round the
result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits
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 mount 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) Lhnlts on Interest Rats 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 ir>creased or decreased on any single Charge Date by more
than one and a half percentage points (1.5%) from the mate of interest I have been paying for the
preceding sic months. My Interest rate will never be greater then %
18.375 %1
and will never be lower than 11.375
MULTISTATE LIBOR ARM RIDER
BC4=.LT (1101) Pape 2 of 3 (replaces ?AO)
BK1771PG2912
(E) Effective Data of Changes
My new interest rate will became effective on each Change Date. I will pay the amount of my new
monthly payment beginning an the first monthly payment after the Change Date until the amount of my
monthly payment changes again.
(F) Notice of Changes int
The Note Holder wO deliver or mao to me a notice of any changes eory rotss wirowill rate include and ir0 the m amount
ount
of my monthly payment befae the effective date of any change. who will answer
required by law to be given to me and also the tMle and telephone number of a person
any question I may have regarding Use notice.
BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in
Adjustable Rate Rider:
gpRpyy? ! V R ROQSH Data
Bow Dais
Bortower Date
Date
Boeower Date
MULTISTATE USOR ARM RIDER
BC4=LT (1101) Pape 3 of 3 (replaces 2100)
BK1771PG2913
Dais
Barvwer
Barower Data
Borrower DaM
I Certify this to be recorded
In Cumberland County PA
Recorder of Dceds
RECENED'`
SEP 2 3 2002
0
r ,
t'. s
? sQao?
Sheriffs Office of Cumberland County
R Thomas Kline of ' Jrrrjb Edward L Schorpp
Sheri Solicitor
tt
Ronny R Anderson Jody S Smith
Chief Deputy orf'C` ` ','_ `-RIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: United States of America c/o United States Attorney for the
Middle District of Pennsylvania, but was unable to locate them in his bailiwick. He therefore deputized the
Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law.
05/26/2009 Dauphin County Return: And now May 26, 2009 at 0940 hours I, Jack Lotwick, Sheriff of Dauphin County;
Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: United States of America, Federal Building by
making known unto Susan Melendez, adult in charge at Walnut Street, Building 228 Harrisburg,
Pennsylvania 17108 its contents and at the same time handing to her personally the said true and correct
copy of the same.
05/30/2009 04:45 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
30, 2009 at 0945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kenneth R. Roush, by making known unto himself personally, defendant
at 14 Paradise Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
05/30/2009 09:45 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
30, 2009 at 0945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kenneth R. Roush, by making known unto himself personally, defendant
at 14 Paradise Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same. Defendant does not reside at 10
Paradise Drive Carlisle, PA 17013.
SHERIFF COST: $64.40
SO ANSWERS
45e--1- -
June 01, 2009
2009-3191
Citibank
V
Kenneth Roush
R
SHERIFF