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Home My WebLink About09-3292McCABE, WEISBERG AND CONWAY, P.C. BY: JERRENCE 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 JPMC Specialty Mortgage LLC 10790 Rancho Bernardo Road San Diego, California 92127 V. James R Bush 518 8th Street New Cumberland, Pennsylvania 17070 and Deborah L Bush 518 8th Street New Cumberland, Pennsylvania 17070 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number M- 3'4"2- CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted 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. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is JPMC Specialty Mortgage LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is James R Bush, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 518 8th Street, New Cumberland, Pennsylvania 17070. 3. The Defendant is Deborah L Bush, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 518 8th Street, New Cumberland, Pennsylvania 17070. 4. On November 19, 2004, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1890, Page 1. 5. On December 2, 2008, the aforesaid mortgage was thereafter assigned by Ameriquest Mortgage Company to WM Specialty Mortgage LLC (By its Attorney-in Fact, Citi Residential Lending Inc. 10801, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book as Instrument No. 200838419. The aforesaid mortgage was thereafter assigned by WM Specialty Mortgage LLC (By its Attorney-in Fact, Citi Residential Lending Inc. 10801 to JPMC Specialty Mortgage LLC, Plaintiff herein, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 7. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 518 8th Street, New Cumberland, Pennsylvania 17070. 8. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 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. The following amounts are due on the mortgage: Principal Balance $ 119,079.24 Interest through March 10, 2009 $ 14,892.69 (Plus $33.03 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 1,167.47 Corporate Advance $ 1,213.77 Escrow Advance $ 4,151.46 GRAND TOTAL $ 141,754.63 10. 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 $141,754.63, together with interest at the rate of $33.03 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: Attorneys for Plaintiff 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 Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE q%6 Prepared By. Amer t"ft hlo jgapM CgispfgY Susan Miller 1 ''11 150 Corporate Center Drive, Suite 102,Camp Hill, PA 17011 Parcel Number: 26-24-0811-397 Return To: Auwriquest Mortgage Company P.O. Sox 11507, Santa Ana, CA 92711 (Space Above This Line For Recovdiag Dab( MORTGAGE DEgNMONS Words used in multiple sections of this document an defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 19, 2004 together with all Riders to this document. (B) "Borrower" is JADES R HUSH and DBHORAH L HVSH, Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "Leader" is Ameriquest Mortgage Company PENNSYLVANIA - Skvb Family - Fannie MaNFroddie Use UNIFORM INSTRUMENT Form 3039 1101 11/19/2004 6:12:45 0100984640-5697 AMSPA (om) Pps 1 d 18 .JVIJ ?' VMP MwWa p 90kAW* (900)521-7291 W BK1890PG0001 I r r1.al?? ?b ,.? I ? e" EAbit -A Lender is a Corporation organized and existing under the laws of Delaware Lender's address is 1100 Town and Country Road, Suite 200 Orange, CA 92868 Lander is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated November 19, 2004 The Note states that Borrower owes Lender one hundred twenty-two thousand three hundred six and 00/100 Dollars (U.S. $ 122,306.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2034 (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. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider P Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordnances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) " ommnnity 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 or anization. (.n "Electronic Funds Transfer" means any transfer of funds, other than a transaction ongr'nsted by check, draft, or similar paper instrument, which is initiated thrigh an electronic terminal, telepbaaic instrument, computer, or magnetic tape so as to order, instruct or authorize a fnancial 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. (K) "Escrow Items" mesas those items that are described in section 3. (L) "MiseeNsaeous Proceeds" means any compensation, settlement, award of damages, or d by any third ley (other than insurance proceeds paid under the coverages described in Section proceeds ?(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. ww. 11 AMOPA (w i) Papa 2 d 18 Foon 3039 1101 0100984640-5697 11/19/2004 6:12:45 1 ooooot o of os BK1890PG0002 (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, thOLI. „Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, phra (u) any amotmts under Section 3 of this Instnunent (O) "ItES1 A" means the Real Estate Settlement Proc Act (11 U.S.C. Section 2601 at seq.) and its imp elation, Regulation X (24 C.F.R. Part 3500), sa they might be amended 5,am time to time, or any or successor legislation or regulation that gova?ns the ssmo subject matter. As used in this ument, "RESPA" refers to all requinmeats and restrictions that are impo?d m regard to a S?angZe "i (P') "Successor in Interest of Borrower" means an party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the described property located in the County flype ofxecording 1urlsdktiml R?ora?og?ucaoa]; OfCUMBZRLAND [Nam Legal Description Attached Hereto and Made a Part Hereofof. which currently has the address of 516 8th street NZW CZ9MZRLAND ("Property Address"): AWA (oat+) 11/19/2004 6:12:45 (stm et] [City], Pennsylvania 17070 [zip code] Form 3039 1101 0100984940 - 5697 oorEoosote r IsI BKI890PG0003 TOGETHER WITH all the impprroovements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or fireafter a part of the property. All replacements and addidons shall also be by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has recorm" the right to mortgage, at and convey the Property and that the Property is unencum except for encumbrances of Borrower warrants and will defend generally the title to the Property against all claims and demraa? subjexx to a?ny encumbrances of record. THIS S? INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real pro ORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Pa ,hint of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Sect= Instrument is returned to Lender unpaid, Lender may require that any or an subsequent payments due under the Note and this SEwRu;p(o7cn)C&MCn ent be made in one or more of the foll owing fCms, as selected Lender a cash; mon rtified check, bank check, treasurers check orocaah"s check, provided any such check ck is 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 ent insufficient to bring the Loan current, without waiver of any rights hereunder or judice to its to refuse such payment or partial payments in the future, but Lender is not obligated to aa????yy such payments at the time such payments are accepted. If each Periodic Payment is applied as of Its scheduled tine doe, then Lender need not pay interest on unapplied fiords. Leader may hold such unapplied fimds 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 fiuds will be applied to the xMiaridnrg principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrowers from making peym ? due under the Note and this Security Instrument or performing the covenants and agreements secured by 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 lied in the following order of pre a mteeest due under the Note; (t?) ?rln due under the Note; (ccamounts due under section 3. Such yenta shall be applied to earl! Perlodie 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 ge due, the payment may be applied to the delinquent payment and the late charge. If more than one Perlocuc Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, an to the extent that, cacti payment can be paid in r,w.k AM6PA mm Popp 4 of 16 Fonn 3M Uo1 0100984640-5697 11/19/2004 6:12:45 ? ') St ire tio4 BK 189OPGOOO4 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied f to aoy prepaYme:?t charges and then as desenbed 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. Bomower shall pay to Leader an the day Periodic Payments are due under the Note, until the Note is paid in Rill, 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 alien or encumbrance on the Property; (b) leaschold 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 Assessments, Warty, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's oblon to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in 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 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 oblige 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 rc1y the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lerdercan require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of enure Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose :ppoossits are itmued by a federal ency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insurer or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually rdd th e earnings on ffie Funds. Borrower and Lender can agree in writing, however, that interest shall AMBPA (an 1) Paps 5 of is Form 3039 1101 0100984640 - 5697 11/19/2004 6:12:45 RMNA1 0000 e„e BK 1890PG0005 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 fimds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community,Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by die lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lieu 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 Borrower the lien. can attain 0 dapriority ov this Securi y f the date on which that Instrument, is given, Borrower shall Lender may give l s iisy a thnotice e lien identifying eoone 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 Lam. & Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained In the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. AMBPA coif t) pop s or 1e Form 3039 IM 0100984640-5697 11/19/2004 6:12:45 1 901601 OK1890PG0006 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance cove, at Lander'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 Lander, but might or might not protect Borrower, Borrower's equity m the Property, or the contents of the Property, against any risk, hazard or liaband might provide greater or lesser eovatage than was previously in effect. Borrower might significantly exceed the cost of inmne l es that cof e ce veragi n amdy Lender ands this Soctiom 5 shall ld vor Security Instrument. These amounts shall bear interest additional debt of Borrower sbyand this shal at the Note rate from the date of disb nt l be payable, w ith such interest, upon notice from Lender W Borrower stung payment. pnoo AA insurance required by Lender and renewals of such policies shall be subject to Lender's right to ve such mall include a standard mort gage clause, and shall name Lender as mora? as an additilicies, onal loss payee. Lender shall have the -right to hold the policies and renewal ficates. If Lender requires, Borrower shall promptly give to Lander all receipts of raid p?miums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of the propel such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as and WonaTloss payee. In the event of loss, Borrower shall ggive prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise age in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, call be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and pander'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 Lander's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made in writing or Appligblc Law requhrea teest to be paid on such insurance proceeds, Lender shall not be required to pay BBoorrrroowar an merest or earnings on such proceeds. Fees for public ad'usters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall fie the sole obligation of Borrower. If the restoration ;r rd Is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be o the sums seamed by this Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds 1 be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, n?ot?e and s?tle any avallable insurance claim and related matters. If Borrower does not respond within 30 days to a notice firm 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 even t, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts =under the Note or this Security Instrurnent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Oce Borrower shall occupy, establish, and use the as Borrower's principal residence within 60 days after the execution of this Security Insttumert?shall continue to occupy the Property as Borower's principal residence for at least one year after the date of occupancy, unless ender WOO.WV AMBPA im i) pop 7 of 16 UT Form =9 1/01 0100984640-5697 11119/2004 6:12:45 , gX I 89OPGOO07 otherwise goes in writing, which consent shall not be unreasonably withheld, or unless extenuating c? exist which are beyond Borrowers control. 7. Preservation, Mahntenance and Protection of the Property; Inspecdons. Borrower shall not dY, damage or impair thtp? allow the Property to deteriorate or commit waste on the Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in Property. prevent the property from deterie ing or deix. sing in value dine to its condition. Unless it determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall praq y repair the Property if durnaged to avoid further detedoratioar or damage. If insurance paid In connection with a to, or the taking o4 the Property, or won proceeds are or restoring the Property only if Lender has released proceeda? ch shall benaponamble for proceeds for the repairs and restoration in a single payment or in a series of purposes. Lender may disbursi is completed. If the insurance or condemnation piss payments as the work is c o complete is not relieved of Borrowers condemnation proceeds are not sufficient to repair or restore the Property, hgatior for die completion of Rich repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such 8. Borrower's Loan Application. Borrower shall be in defaultutYthe reasonable Loan cause. dnng application ss Borrower or any preens or entities acting at the direction of Borrower or with Borrower's hmowe or, consent gave materially false, mist eadint or inaccurate information or statements to Lender (or fa' ed to provide Lender with material inform ation 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 b the Property and Rights Under this Security Instrument: If ( a 1Borrower fails to perform the covenants and agreements contained in this Security lnatnmier<t, (b) there o p g that might significantly affect Lender's interest in the Property and/or rights under this Sty Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, 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 thimble p? to protect Lender's intern in the Property and rights under this Security hi?dprotecting and/or assessing the value of the Property, and securing and/or repairing the P has priorq roperty. Lender's actions can include, but are not limited to: (a) paying any sums secured by a fen which over appearing court- d () payin foes to g reasonable tatoraeys protect its interest this Security in the Property and nor (b) under this; SecuritynInstrument, mcludin its secured 1 in a berilvuptcy proceeding. Securing the includes g position make repairs, cliasnge locks, replace or but is not limited to, on" the Property to buiklnig or other code violations or up doors and windows, drain water from pipes a iminate dangerous conditions, and have utilities turned on or oft Although Lender may take action under this Section 9 Lander does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender 6curs no liability for not taking any or all actions autho ed under this Section 9. Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower securod by this Security ImMun nt. These amounts shall bear interest at the Note rate from the date of di sbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting yment. 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. AMaPA (omi) Pap 8of is Form 3039 1101 (Dyj 0100984640-5697 11/19/2004 6:12:45 NEI'? 000 loosen iSD1 s 8K 189OPG0008 10. Mortgage Insurance. If Lender required M Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain ee ortgage Insurance in effect. It for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously -provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums to obtain coverage substantialty oquivalent to ffie Mortgage Ina?uance previously in effect, at a cost ?tially equivalent to the cost to Borrower of the Mextgage Insurance previously in effect, from an alternate mortgage insurer selected by Leader. If substantially equivalent Mortgage Irrstrrance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the imsinance coverage ceased to be in effect. Lender wr accept, use and retain these payments as a non-roRmdable loss reserve in lien of Mortgage Insurance. Such loss reserve shall be non-tefimdable, motwithdirr? the feet that the Loan is uhimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the period that Lender r?equtns) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make sep?ately desi paymema toward the premiums for Mortgage Insurance, Borrower shall pay the premiums to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until s requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender provi ' fach termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrowers obligation to pay interest at the rate provided m tie Note. Mortgage Insurance reimburses Lender (or an entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as Borrower is not a arty to the Mortgage Insurance. Mortgage Insures evahrate their total ris on all such insurance in force from timc to time, and may enter into agreements with other parties that share or modify their risk, or reduce loan. These agreements are on terms and conditions that are satisfactory to the mortgage hw= and the other party (or per des) to these agreements. These agreements m require the mortgage insurer to make payments using an source of funds dot the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of tlreso agreements, Leader, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirecttyy??) 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 mo insurer's risk, or rtducuig kisses. If such agreement provides that an atRliate of Lender takes a share of fha . insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not eadde Borrower to any refund. (b) Any such agreements will not affect the rrkh?ts Borrower has - if any - with respect to the Mori, Insurance under the Homeowurs Protection Act of 1998 or any other law. Time riots May selyde the riot to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. AMOPA (m it Pay.9 of 1e Form 3039 1101 0100984640-5697 11/19/2004 6:12:45 MINK o"too 6K t 89OPG0009 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. such r "W and resttoratt?pcri t od; Lender shall have the right to hold such Miscellaneous Proc" During unh Lenderhas had re o p inspect such Property ensure the work has been completed to Larder's i provided n that such inspection shall be undertaken promptly. Lender may pay for the and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agrbemerrt is made in writing or Applicable Law requires interest to be paid on such Proceeds, Lender shall not be mquha to pay Borrower any interest or earniinnggss on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's seciu 1r' would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by then due, with with the ex 3' Security Inatrumem, whether or not yrovided e for in Se ssi any, ny, pard to Borrower. Such Miscellaneous Proceeds shall be applied in the trend u In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial tatting, destruction, or loss in value of the Property in which the fair market value of the Propetly immediately before the partial Ong, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately, before the pargal taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Instrument shall be reduced by the amount of the Miscellaneous Proceeds in ultiplied the following fraction: (a) the total amount of the sums secured immediately before the partial dtaking estruction, or loss in value divided by (b) the fair market value of the ' Property peal taking, destruction, or loss in value. Any balance shall be paid to Borroiminadiately before the In the e?p?ofy a p ?kina. de rttt oq, or loss in value of the Property in which the fair market value of the in ly?iefore the partial talon , destruction, or loss in value is less than the amount of the sums secured immediately before the taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Raucous Proceeds shalt be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as detlaed in the next sentence) offers to make an award to settle a claim for damages, Borrower faiils to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous proceeds either to restoration or of the Security repair Property or to the sums secured by BOYTOWW? Misceil?t'Prowhether or not then ceeds or the party against "Opp6sinj Party" whom we meads the third party that owes Miscellaneous Proceeds, Borrower has a right of action in regard to Borrower shall be in default if any action or roceeding, whether civil or criminal, is bbeeg?un that, in Lender's judgment, could result in forfeiture of the Property or, other material impairment of L nde es interest in has the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration occurred, reinstate as provided in Section 19_, by causing the action or proceeding to be dismissed with a ruling that, in Larder's judgmen% precludes forfeiture of the Property or other material impairment of Len 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. wra: "? Y AMWA (0311) Pq P loaf 18 ( - Faro 3039 1101 0100984640-5697 11/19/2004 6:12:45 E 0 oose?eaoo ? of r BK 1890PG0010 All Miscellaneous proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Walver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Leader to Borrower or any Successor in Interest of Borrower stroll not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be rquired to commence pros eMigs against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modif - amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts Less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Colmers; Successors and Assitas Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortg e, grant and convey the co-signer's infarct in the under the terms of this Security Iastrument• is not personally obligated to pay the sums securedid=is Security Instrument; a (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in wn ' and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borower shall not be released from Borrower's ob 'gations and liability under this Security Instrument unless Lender agues to much release in writing The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services in connection with Borrower's default, for the purpose of protectmg Lender's interest in the =td rights under this Security Instrument, including, t not lunited to, attorneys' fees, mapection and valuation fees. In to any other fees, the nce of express authority in this $4 instrument to charge a specific fee ream-d m;i shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan ces, 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 perntted 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. lender may choose to make this refund by reduc' the principal owed under the Note or by making a direct payment to Borrower. If a refired reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided fur 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. 1S. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been givers to Borrower when mailed by fast 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 AMOPA (mil) P" 11 d1s Font 3039 1101 0100984640-5697 11/19/2004 6:12:45 ?I i of BK 1890PG001 i Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrowers charge of address. If Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall only report a c of dd sa fires through that specified procedure. There may be ??yy oe designated notice address under this Instrument at any one time. Any notice to Lender shall be given vy delivering it or by mailing it by first class mail to Lender's address stated herein unless Leader has designarod another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemstrument is also ed to have been given to Larder until actually received by Lender. If any notice Security satis merit under this required Applicable Law, the Applicable Law requirement illu? this hL w fy the corresponding require Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contractor it might be silent, but such silence shall not be construed as a prohibition against em by contract. In the event that any provision or clause of this Security Instrument or the Note coif rcb wwith Applicable Law, such conflict sha11 not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include riding neuter words or words of the feminine gender; (b) words in the singular shall mean and incco Ithe 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 ofthe Note and of this Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used Section 1g, "Interest in the Property" means any legal or beneficial interest in the , including, but not limited to, those beneficial intereab trunsferrod in a bond for deed, contract for installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property 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 hull 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 prior to th period of ant less than 30 days Thom the date the notice is given in accordaince with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower far7s to pay these sums e expiration of this period, Leader may invoke nay remedies permitted by this Security Instrtument without further notice or demand on Bonnwer. 19. Borrower's RJObt to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower slap 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 s judgment enforcing this Security Instrument. !!nose conditions are that Borrower: (a) pays Len r all stuns which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or apo!nnents; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable kw*: 7;' ANWA roe„) Pap 12 of 16 Form 3039 1/01 0100984640-5697 W§Mkll? Affil M006AL M11 11/19/2004 6:12:45 ?ooo so ?z BK 1890PG0012 attorneys' fees, property inspection and valuation fees, and other fees incurred for the pun pose of probating Letndw's interest in they Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably regwre to assure that Lender's interest in the party and rights under this Security Instrument, and Borrower's obligation to pay the sums segued by this Security Instrument, shall continue roqurn drat B y Bch roirrstaternent sums and expenses in one or more of unwed. Lender may the following as selected by Lender: a) cash; (b) money order; (c) c?sniried check, bards check, forms, treasures check !Wred. r's drawn upon an institution wbose deposits are inbency, ectronic Funds Tmuft. ifpon reirerhtbensent by Borrothilhenby shall n+emain fully effective as if no acceleration shad 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 ale 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 mori loan servicing obligations under the Note, this Security Instrument, and A licab a Law. Throe also mh t be one or more changes of the Loan Servicer unrelated to a gale of the Note. If titer is a change of the Loan Servicer, Borrower will be given written notice of the which will state the name and addnas of the new Loan Servicer, the address to which payments should made and an other information IZESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is aervhced by a Loan Servicer other then the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicar and we not assumed by the Note purchasa unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provlsron ot, or any duty owed by reason of, this =comp Instrument, until such Borrower or Lender has notified the other party (with such notice given in ance with tlhe nquiroments of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take correWve action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time parrot will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to. emon 22 and die notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the hl is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" incoRy des any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, stprage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviromn;r @ mwa. AMaPA (o3i q Page 13 d 16 Font 3039 1101 0100984640-5697 11/19/2004 6:12:45 000 i di 01x01713 8W 189OPG0013 Law, ) which creates an Environmental Condition, or (c which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property The preceding two sentences shall not apply to the presence, use, or storage on the Property, of small quantities of Hazardous Substances that are generally recognized to be approprWe to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or agency or private party involving the Property and any Hazardous Substance or EnvironmentilllLaw of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking. discharge, release or threat of release of an hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create 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 acceearation following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Apppplienble Law provides otberwbe? Leader shad notify Borrower of, among other things: (a the default; (b) the action required to cure the default (c) when the default must be cured; and (d) that failure to cure the default as fed may result in acceleration of the sums secured by this Security Instrument, foreclosure by ida1l ro g and sale of the Property. Lender shalt further inform Borrower of the right to reinstate acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure, It the default Is not cared as h%d, Lender at its option may require immediate payment in fall of all sums secured by this Seca Instrument without further demand and may foreclose this Security Iesbvment by ju bl p Lender shall be entitled to collect all ezpenses incurred is purau g the remedies provided in this Seca 22, lnduding, Anlica but not limited to, attorneys' fees and costs of tide evidence to the extent permitted by ble Law. 23. Release. Upon payment of all sums secured by this Security Instruent, this Instrument soci* urge and dillch and the estate conveyed shall terminate and become void After such occurrence, Lender shall satisfy this Securely Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasin this Security Instrument, but only rf the fee is paid to a third party for services rendered and the charging a the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent fitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Saco y htstrument, and hereby waives the bemtit of any present or future laws providing for stay of execution, exlenslon of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instnrnent. X Purchase Money Mortgage. If an of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purcitase none m 27. Interest Rate After Judgmeat. Borrower agrees that the interest rate able after a ju, ant is entered on the Note or in an action of mortgage foreclosure shall be the rate payable- from time to time under the Note. -im v+rrr AM6PA host t 1 P•a• to of to Form 3038 1101 0100984640-5697 11/19/2004 6:12:45 00111 M?01 0 1 01, 14 etl 4 8?a??fla 4 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: _ (Seal) -Bortower (Seal) -Borrower (Seal) -Borrower AMSPA (oar r) 11/19/2004 6:12:45 ??K , (seal) J S R BUSH -Borrower -D AAA f . I LA (Seal) DEBORAH L BVSH -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower pop is d 1e Form 3039 1101 0100984640-5697 BK 1 890PG0o 15 Certificate of Residence It??1Z.¢.. ?- , do hereby certify that the correct address of the within-named Mortgagee is 1? Witness my hand this COMMONWEALTH OF PENNSYLVANIA AN 2? A. `-TI) U l1 day of ''"?Mf 1?4 MonMear -Yo County es: On this the day of a ydlfr, before me, Day eu the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that heishefthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL JOHN E. BUNNY Notary Public East Manchester Wp., York County My Conmrl m Expi= Sept. 19, 20M Title of Officer 00000100684640Mis01716 40046PA (4102) Paps 18 of is rr 01 00984640 - 5697 11/19/2004 6:12:45 AM BK 189OPG0016 Conestoga Title Insurance Company Commitment Number: 2004110193" SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Commitment is described as follows: ALL THAT CERTAIN tract of land situate In the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularty bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Eighth Street at the dividing One between Lots Nos. 10 and 11, Block "G", said point also being three hundred sixty-one and forty-five hundredths (361-45 ) feet from the Easterly One of Allen Street; thence along the Southerly line of Eighth Street, North forty-seven (47) degrees forty-eight (48) minutes East a distance of eighty-three (83) feet to Lot No. 9, Block "G"; thence along said Lot No. 9, Block "G", South forty-two (42) degrees twelve (12) minutes East, a distance of one hundred eight and eighty-five hundredths (108,86) feet to land now or fomwdy of C.C. Davis; thence by said Davis land South forty-seven (47) degrees thirty-six (36) minutes West, a distance of eighty-three (83) feet to Lot No. 11, Block "G", thence along said Lot No. 11, Block "G" North forty-two (42) degrees twelve (12) minutes West, a distance of one hundred nine and fourteen hundredths (109.14) feet to the Southerly line of Eighth Street, the place of BE( BEING Lot No. 10, Block "G", in the Plan of Lots or Simpson Terrace, part of Addition No. 1 to Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 44. Parcel #26-24-0811-397 ALTA Con n*mnt Sdwdule C (2004110193.PFMAN110193M6) Du 1890PG0017 ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index (As Published In the Wall Street Journal)- Rate Cape) THIS ADJUSTABLE RATE RIDER is made this 19th day of November , 2004 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 unde ned (the "Borrower") to secure Borrowees Adjustable Rate Note (the "Note") to Amadquest Mortgage Company (the "Lender") of the same date and covering the property described U the Security Instrument and k)cated at: 518 8th Street, NEW CUMBERLAND, PA 17070 IPropwty Addrml THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and 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 7.600 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may charge on the first day of December, 2006 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Bnng wit h the Chavage of internk oon market ("LIBOR"), as published in the WaA Street Joumal. The most recent Index figure availeble as of the date 45 days before each Change Date is called the "Curtest 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. Loan Number. 0100984640 - 5697 Y 1 id il, 810.1 (Rev 1101) Initials W Page 1 of 3 11 /1 MOM 6:12:45 AM BKI89OPGOO18 now interest rate by ad ng ,jilate my of Changes Holder will CSIOT a Note Holder will then the the (C) Calculatlon a Oats, theme the Current index. hs Note point (0.12596)• Subsea Before each Cf 6.000 °?) th of one p?^ new interest rete until the i s one-d9i> t wHl be my six lrercentag result of this itat9d In eta a(p) mow, this rounded amoun Data. nt that would be I nd Change n det9m-Ane the amount of to o e at ? )SW in 0 ?1his men s_ The Note u^paid principal that 1, am expe?y ??{ pay sufficient to ropaY at my new interest remo nslyu nt the Maturity ? new amount of my g.S009? or Caiculawn will be the Dam will not be rester than on any p) Lhnit a on Interest Rate Chang a first Change or decry paying rate will never be in 1 have been 1 am required to paY at rate of into thefr , my Interest . %) from tine 13.0% or less than The interest est n than 7 by greater than si es than Change six months M int one( `1 i rate w'li never be preceding 7.500)96. will the amount of my e p8 of Changes tive on each Change DOW I s pay Change pate until my n( E rate will become efftw he W monthly p?? new month" monthly beginning changes again. the amount % rest re? and the in my??irate a notice of any chan chages nnggse The notice will include e number of a Person or mail (F Nogu of Cha effoe dateoft aand telep Th. N r ote)Holder will del Payment to before th me e also the fomnatio0 red law n hyuesnni be given re regarding the notoe' requi have leg R who will answer any q EST IN BORROWS OpERTY OR A BEN?? to read as, Mows: 13. TRANSFER OF THE PRI RTY ( t is amen r. used in this Sadly Section 18 of the Security cal It t in eorr= P roper y, Ct for including, or a Ben eficial Interest In the 7rnter sr f the Pro WeI nterests tr31 onsthe sd?t Of which Is they transfer 09 by 18, "interest i n the Pro but not limited to, those beft or escrow agreement, iBorrrroweer e sai?rec Contract a PurCbBSer. Inldais_ , ?"" J Loan Number. 0100984640 - 5697 6 1 2t 302 Per 2 of 3 11/1912004 8:12:45 AM 610.2 (Rw W) BK 119 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 aN sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new ban were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired the ban assumption and that the risk of a breach of any covenant or agreement in this Securt y Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the ban assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shad 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 fart to pay these sums prior to the expiration of this penod, Lender may invoke any remedies permit Md by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Adjustable Rate Rider. .Q?,-??-?.c? /? • (Seal) (Seal) Bo err JAMES BUSH Borrower DEBORA USH (mil) (mil) Borrower Borrower Loan Number: 0100984640 - 5697 1 (_ : ; i lh i s to be recorded In Cumberland County PA Page 3 of 3 ,., ; I -?`.,," ,1 /1912004 6:12:15 AM E6103 (Rev UD1) Recordv.i of Deeds BIB 1890PG0020 FILED-:, I ; ?- PH- 2Fit AY 20' A 9: 5 0 0 9 Sheriffs Office of Cumberland County g?,tr nt umt<rrt?? Edward L Schorpp R Thomas Kline Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF CE OF r"E S?-OERiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/28/2009 05:24 PM - 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: James R. Bush, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James R. Bush. The New Cumberland Postmaster has advised the defendants new address is 20 Diven Drive York Haven, PA 17370. 05/28/2009 05:24 PM - 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: Deborah L. Bush, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not founc as to the defendant David L. Bush. The New Cumberland Postmaster has advised the defendants new address is 20 Diven Drive York Haven, PA 17370. SHERIFF COST: $63.00 June 02, 2009 SO ANSWERS, R THOMAS LINE, SHERIFF 2009-3292 JPMC Specialty Mortgage, LLC VS James R. Bush 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 JPMC Specialty Mortgage LLC Plaintiff V. James R Bush and Deborah L Bush Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-3292 civil term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-cg"ed matter. TERRENCE J. MCCABE, SQUIRE MARC S. WEISBERG, QUIRE EDWARD D. CONWA , ESQUIRE MARGARET GAIRO, SQUIRE ANDREW L. MARK ITZ, ESQUIRE Attorneys for Plaintiff RLED-- FICE EF THE ?40.NOT 209 JUN 29 AM !Q: 3 3 CUME L4 PD4M ANIA 4/## - 0 M u Sheriff s Office of Cumberland County R Thomas Kline Sher Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 5.4~'„tr of ~u~r+bPr~~~~ rt3 1tF.( `~ ti15, ~` ~s t7FfIGE!'" t~E SHERIFF F'fL~C?--~~~~=l~L 2009 .ll~~ 22 P~4 2~ ~ Z Pri'~!`eS1'tl,A'~i~ JPMC Specialty Mortgage, LLC vs. James R. Bush Case Number 2009-3292 SHERIFF'S RETURN OF SERVICE 06/29/2009 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: James R. Bush, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/29/2009 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: Deborah L. Bush, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/08/2009 02:09 PM -York County Return: And now July 8, 2009 at 1409 hours I, Richard P. Keuerleber, Sheriff of York 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: James R. Bush by making known unto himself personally, defendant at 20 Diven Drive York Haven, PA 17370 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/08/2009 02:09 PM -York County Return: And now July 8, 2009 at 1409 hours I, Richard P. Keuerleber, Sheriff of York 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: Deborah L. Bush by making known unto Jim Bush, spouse of defendant at 20 Diven Drive York Haven, PA 17370 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, ~- ,- ,,_ __ . ~ _~ ;;.- ...--- Y r July 21, 2009 R THOMAS KLINE, SHERIFF COUNTY OF YORK 1 OF 2 OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFFI ~~ ~ ~' ~~ ~ ( ~ ~~ 2. COURT NUMBER O l _ 32~ ~ ~' 1 yl '~-jl- 4. TYPF_ OF WRIT OR COMtPLAINT ' ~ 1\ ~('~ V~ AAA 3. DEDA1 1 ICJ ~ 4 d_.~~~~~ ~ ~ ~1.v~ o IMF ~~~0~11 1 ~ ' Iv` SERVE 5. NAME OF INDIVIDUAL, COMPANY CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY 7'O BE LEVIED, ATTACHED, OR SOLD. ~a~~ '~ . 1~u.s1n 6. ADDRESS TREET OR RFO WITH BOX NUMBER, ~ PT. NO. C~~ BO~~STATE AND ~12~CfODE) ~ ~ ~~ AT ~ ~l~~n ~'(l~f ~ V(^f,Y lni+Y~' IU~"Y 7. INDICATE SERVICE: ^ PERSONAL ^ PERSON IN CHARGE ~l DEPUTIZE ^ CERT. MAIL D 1ST CLASS MAIL ^ POSTED ^OTHER NOW JUNE 29 2009 , 20 I, SHERIFF UNTY, P et~by dep i sheriff of vox COUNTY to execute th' ke t o ing to law. This deputization being made at the request and risk of the plaintiff. SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADV FEE PAID BY ATTY. UUT OF CO CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRES of_Ay~OR Y I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED ~'~ ~C ~Cc~.~e l ~ G - [VI 6_ 9_09 12. S ND NOTICE OF SERVICE COP NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). m ~a~ s , ~~ ~e ao~o ~~~a P~ «- SrACE BELOW OR USE ~F THE SWERIFF - it NAT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpirationlHearing Date or complaint as indicated above. MJ MCGILL YCSO 7-1-09 7-29-09 16. HOW SERVED: PERSONAL ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. ^ I hereby certify and return a NO OUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. NAME AN ITLE OF INDIVIDUAL SERVED /LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service . ~y,,~U .S i wn 5~ ~ ~ Z~ d 7 21. ATT PTS Date Time Miles Int. Date Time Miles Int. Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS: 23. Advance Costs 2 Service Costs 25. N1F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. T~ Costs 33. Costs Due Refund Check No. $100.00 ~ ~QV I ~ ~'~~ j 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me this ~-7~ , svFAnawcrca p 45 T~( ~~t10"i'4''~TALTFI ~9G " ' ' ignature of 42. day of .Sheriff .(}- ,L~"~-° U `Q PRaTl4f~ I NOTA Y ~~ j,.~ 47. DATE tti^TAR ?L SEAL 46. Signature ofYor ~"(/ LI`:~ ~ B ~'v.T ?U~AR" PUBLIC County Sheriff ' c -Y o~ YOr ^~ ~ coI~~NTY RICHARD KELT~R~~B HERIFF 7-17-09 MYCG~+MI`''~I' ~ ;~':PIi-'E5i,UG.12,2D09 48. Signature of Foreign _ - 49. DATE .._~_..-_ _~____~__.~______ County Sheriff ` i _• 1. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office 4. BLUE -Sheriffs Office < ~ ,~. o ~ _ {. na xao~ so ~ ~d ~ ~nr sao ~~12~3FiS 3N1 ~0 3~I~~i3 U3hl3~~a COUNTY OF YORK 2 OF 2 OFFICE OF THE SHERIFF s(7R7)I7719601~ 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PI-EASE ~~ ONLY LINE i THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/SI ~~ ~ ~ /T ~ ~~o ~~~ 2. COURT NUMBER r/fi~~ ~ ~/, CJI~ 4. TYPE OF WRIT O COMPLAI/NT CIMF, N 3. DEFENDANT/S/ {'~ „ + ~ `~ ~ , , ^ ^ ~ Y~1 ~ "~/D ~ ~ „` ..~....~ / S~nnnF nF iNn~V~nuAl cC)MPANY CORRORATJON. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. , 1.J ~r~ AT 6. ADDR C1C Gl, Yl V ~vtnv r ~ {S_TFjE~T OR RFO~TH ~ X NUMBER APT. NQ~ITY, B O TWA P.,~STATE AND CODE) ~^ ~/f - \\ 111I //// ~\ ' ~ Iw 1 If ' 11j,1~,/,/,~I Y ^ C~ „ I `( J \ `J H A R G N IN C ^ PER S O N A L 7. INDICATE SERVICE: ^ PERSO PUTIZE DE POSTED ^ OTHER A IL ^ ^ 1ST CLASSM NOW JUNE 29, 2009 , 20 I, SHERIFF OUNTY, PA do hereby dep ti the sheriff of YnRK COUNTY to execute make r tur according t and ri t th d laintiff sk of the e reques e a to law. This deputization being ma . p ~ ,_. SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADV FEE PAID BY ATTY. OUT OF CO CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED IAA ~l~n 0 ~ ~ ~5_~GU iU~b o6~29~2009 12. SEND N TICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notic to be maileQd). ~C~~JCJ~ti ~'~'~ S. ~~ ~ ~~' ~~ ~O ~ ~h ~ ~( ~~ `- I ~ ~ CUMBERLAND CO SHERIFF SPACE BELOW FO USE OF THE SHERIFF - DO NOT WRITE BELO THIS LINE 13. I acknowledge receipt of the writ or complaint as indicated above. MCGILL YCSO 14. DATE RECEIVED 7-1-09 15. Expiration/Hearing Date 7-29-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. ^ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. AME AN TITLE OF INDIVIDUAL SER D /LIST ADDRESS H NOT SHOWN ABOVE (Relationship to Defendant) ~ ,~z~-~-~-- ~~ S ~;M. ~-~s sP~~-,~S ~ 19. Date of Service - ~- aS 20. Time of Service ~ o r 21. TS Date Tim es Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Due or Refund Check No. 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary CeR. $8.4Nlileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and su~~~nbed to~f~r~ rp~fllid LVP~J ' `''~hature of + L ~- ~ 45. TE Q(~~ ` ¢~ Sheriff _ 42. day of - - 0~ i ~ ~ YPLI NOT RY 46. Sjgnaturaof York / ,~ ~•~~,~j .DATE ii ` , n~ iG i - ~1NTY `County" Sheriff /~'-C•/~~ 6 I c ~\ ~ ,,.~" ~F~I,~; 12, 2009 RICHARD ~ WEBER, S IFF 7-17-09 ~,Y .. _: ~' ~~~ ~ _ 48. Signature of Foreign 49. DATE ~.__.-..._----------- '"""`-~ ~~~ County Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office 4. BLUE -Sheriffs Office ~'~., , vd ~rao~ ~0 ~ Wd ~ lfti' ~ ~~~a3N~ ~H~. ~o ~~i~~o a~n~~~~a Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Vii; ,~ . c - ,-.; .. , _ .. ~ t; .~ :_ ti -- ~ iii , ~ J JPMC Specialty Mortgage, LLC vs. Case Number James R. Bush (et al.) 2009-3292 SHERIFF'S RETURN OF SERVICE 09/24/2009 03:40 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 9/24/09 at 1540 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James R. and Deborah L. Bush, located at, 518 8th Street, New Cumberland, Cumberland County, Pennsylvania according to law. 10/21/2009 York County Return and now the, 7th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon James R. Bush, the defendant, by making known unto James R. Bush at 20 Diven Drive, York, Haven, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Richard P. Keuerleber, Sheriff of York County, Pennsylvania. 10/21/2009 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: James R. Bush, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10/21/2009 York County Return and now the, 7th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon Deborah L. Bush, the defendant, by making known unto James R. Bush, Husband, at 20 Diven Drive, York Haven, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Richard P. Keuerleber, Sheriff of York County, Pennsylvania. 10/21/2009 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: Deborah L. Bush, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 12/18/2009 Property sale postponed to 3/3/2010. 01/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned stayed per letter of instruction from Attorney Marc Weisberg. SHERIFF COST: $1,729.38 SO ANSWERS, June 30, 2010 RON R ANDERSON, SHERIFF . 5 c~ t~ ~,~~, SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~y~tit6~' Gf 43tn!lr~p~~~tY fi ~'~ ~ ~~ X33 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff 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 JPMC Specialty Mortgage LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. NO: 09-3292 civil term James R Bush and Deborah L Bush Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 518 8th Street, New Cumberland, Pennsylvania 17070, a copy of the description of said property being attached hereto and marked Exhibit "A." I. Name and address of Owners or Reputed Owners Name Address James R Bush 20 Diven Drive York Haven, Pennsylvania 17370 Deborah L Bush 20 Diven Drive York Haven, Pennsylvania 17370 2. Name and address of Defendants in the judgment: Name Address James R Bush 20 Diven Drive York Haven, Pennsylvania 17370 Deborah L Bush 20 Diven Drive York Haven, Pennsylvania 17370 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Address 518 8th Street New Cumberland, Pennsylvania 17070 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff s Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. AUQUSt 12, 2009 DATE .~!-d~ TERRE E J. McCABE, ESQUIRE MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS v. James R Bush and Deborah L Bush CUMBERLAND COUNTY Number 09-3292 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: James R Bush Deborah L Bush 20 Diven Drive 20 Diven Drive York Haven, Pennsylvania 17370 York Haven, Pennsylvania 17370 Your house (real estate) at 518 8th Street, New Cumberland, Pennsylvania 17070 is scheduled to be sold at Sheriffs Sale on December 9, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to erforce the court judgment of $146,874.28 obtained by JPMC Specialty Mortgage LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to JPMC Specialty Mortgage LLC the back payments, late charges, costs, and reasonable attorney's fees due. To fmd out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To fmd out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND AND COMMONWEALTH PENNSYLVANIA, MORE PARTICULARLY 80UNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF EIGHTH STREET AT THE DIVIDING LINE BETWEEN LOTS NOS. 10 AND 11, BLOCK "G", SAID POINT ALSO BEING THREE HUNDRED SIXTY-ONE AND FORTY-FIVE HUNDREDTHS (361-45) FEET FROM THE EASTERLY LINE OF ALLEN STREET; THENCE ALONG THE SOUTHERLY LINE OF EIGHTH STREET, NORTH FORTY-SEVEN (47) DEGREES FORTY-EIGHT (48) MINUTES EAST A DISTANCE OF EIGHTY-THREE (83) FEET TO LOT NO. 9, BLOCK "G"; THENCE ALONG SAID LOT NO. 9, BLOCK "G", SOUTH FORTY-TWO (42) DEGREES TWELVE (12) MINUTES EAST, A DISTANCE OF ONE HUNDRED EIGHT AND EIGHTY-FIVE HUNDREDTHS (108.85) FEET TO LAND NOW OR FORMERLY OF C.C. DAVIS; THENCE BY SAID DAVIS LAND SOUTH FORTY-SEVEN (47) DEGREES THIRTY-SIX (36) MINUTES WEST, A DISTANCE OF EIGHTY-THREE (83) FEET TO LOT NO. 11, BLOCK "G", THENCE ALONG SAID LOT NO. 11, BLOCK "G", NORTH FORTY-TWO (42) DEGREES TWELVE (12) MINUTES WEST, A DISTANCE OF ONE HUNDRED NINE AND FOURTEEN HUNDREDTHS (109.14) FEET TO THE SOUTHERLY LINE OF EIGHT STREET, THE PLACE OF BEGINNING. BEING LOT NO. 10, BLOCK "G", IN THE PLAN OF LOTS OF SIMPSON TERRACE, PART OF ADDITION NO. 1 TO FORREST HILLS, AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 8, PAGE 44. PARCEL NO. 26-24-0811-397 BEING THE SAME PREMISES WHICH VERNON E. ANDERSON AND FAYE R. ANDERSON, HUSBAND AND WIFE, AND RONALD L. STERN AND LENORA H. STERN, HUSBAND AND WIFE, T/D/B/A ANDERSON STERN PARTNERSHIP, BY DEED DATED 01-21-00 AND RECORDED 02-02-00 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN RECORD BOOK 215 PAGE 810, GRANTED AND CONVEYED UNTO JAMES R. BUSH AND DEBORAH L. BUSH, HUSBAND AND WIFE. PREMISES: 518 8th Street, New Curnberland, Pennsylvania 17070. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAIrTH OF'PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3292 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMC SPECIALTY MORTGAGE LLC Plaintiff (s) From JAMES R BUSH AND DEBORAH L BUSH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$146,874.28 L.L.$.50 Interest FROM 08/13/09 TO 12/9/2009 AT PER DIEM $24.14 - $2,872.66 Atty's Comm Atty Paid $245.00 Plaintiff Paid Date: August 17, 2009 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Deputy Address: MCCABE, WEISBERG AND CONWAY, 123 S. BROAD STREET, SUITE 2080, PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 34419 TRUE CZ?Pl( FROM RECORD In Testimony ~nihr:reof, I here unto set my hand and the seal of said Court at Carlisle Pa. This ... ~ 7~4 .. day .~I.'.~ ~°Z}Ga~ ...........~:::`.~: ......... ~~:•••• ~`.. ~J Prothonotary is R. Lo nota By: Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA Known and numbered as, 518 8th Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 9, 2009 By: ~~ a Estate Coordinator g_ ,~ ~` r~ ~. '~~~.. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ^_~ a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of November 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Publio CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2009-3292 Civil JPMC Specialty Mortgage, LLC vs. James R. Bush and Deborah L. Bush Atty: Margaret Gairo ALL THAT CERTAIN tract of land situate in the Borough of New Cum- berland, County of Cumberland and Commonwealth Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Eighth Street at the dividing line between Lots Nos. 10 and 11, Block "G", said point also being three hundred sixty-one and forty-five hundredths (361-45) feet from the easterly line of Allen Street; Thence along the southerly line of Eighth Street, North forty-seven (47) degrees forty-eight (48) minutes East a distance of eighty-three (83) feet to Lot No. 9, Block "G"; Thence along said Lot No. 9, Block "G', South forty- two (42) degrees twelve (12) minutes East, a distance of one hundred eight and eighty-five hundredths (108.85) feet to land now or formerly of C.C. Davis; Thence by said Davis land South forty-seven (47) degreesthirty- six (36) minutes West, a distance of eighty-three (83) feet to Lot No. 11, Block "G",Thence along said Lot No. 11, Block "G', North forty-two (42) degrees twelve (12) minutes West, a distance of one hundred nine and fourteen hundredths (109.14) feet to the southerly line of Eight Street, the place of BEGINNING. BEING Lot No. 10, Block "G", in the plan of lots of Simpson Terrace, part of Addition No. 1 to Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 44. PARCEL NO. 26-24-0811-397 BEING the same premises which Vernon E. Anderson and Faye R. Anderson, husband and wife, and Ronald L. Stern and Lenora H. Stern, husband and wife, lid/b/a Anderson Stern Partnership, by deed dated 01-21-00 and recorded 02-02-00 in the Office of the Recorder of Deeds in and for the County of Cumberland in Record Book 215 Page 810, granted and conveyed unto James R. Bush and Deborah L. Bush, husband and wife. PREMISES: 518 8th Street, New Cumberland, Pennsylvania 17070. 'he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e ~lahiot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ,PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30109 11 /06109 worn to ,,~ `\ ~ , __ bscribed before me this 16 ~~ ,t ~ ~ Notary - lic 2009 A. D. cOMMONwEA~."rN O~ PE=NNSYLVANLA *totariaf Sea aM~~rrie L. ~s~er, Notary Public ~`~' +~ ~~m~:~'ti3urg; f3auphin County ~Y C~`K ~°~s~~+:~!? ~"x~u`es Nov. 26, 2011 Member, Pc~nrosvlvaan~ i~ ~^socfat~on of hlotaries h/ry~ No, g0pP~2 Civll Term JpWIC B~N~ Mprtpaga, LLC tie, James'i~.'B~sh end. Deborah L. Budh.. ptty; ,Margerst Gelro ALL THAT CERTAIN TRACT OF LAND SITUATE .IN THE BOROUGH OF NEW CLTMBERLANA, COUNTY OF CUMBERLAND AND COMIvION~OEALTH PENNSYLVANIA, MORE PARTICUI:ARLY BOUNDBD AND DESCRIBED AS FOLLOWS, 1'0 WIT: BEi11NNING AT A' POINT ON THE SOUTHERLY LINE (9P EIGHTH STREET AT THE DIVIDING, LJNE BETWEEN LOTS NOS: ID AND ~ l h BL~fCK "G" SAID POINT ALSO BEING'THREE HUNDRED SIXTY- ONE AND FORTY-FIVE HUNDREDTHS (351.45) PEST F?ROM THE EA$T&RLY LINE OF ALLEN ST1xEEf; THENCE ALONG THE SOUTHERLY I.INE,OF EIGHTH STREET, NORTH FORTY-SEVEN . (47) .DEGREES FdItTYETGHT (48) MIIdU'I`ES EAST A DISTANCE OF EIGHTY-THREE (83) FEET TO LOT N0. 9, BLOCK "G"; THENCE ALONG SAID LOT N0. 9, BLOCK "G', SOUTH FORTY TWO (42) DEGREES TWELVE ;, (12) MINUTES EAST, A DISTANCE OP 01d8 HUNDRED EIGHT AND BIGH1y_FIyE;HUNDREDTHS (108.85) FEET TO LAND NUW OR FORMERLY OF C.C. DAIS; THENCE BY SAID DAMS LAND SOUTH FORTY SEVEN f47) DEGREES THEtTY-SIX (36) MINIT'ES WEST, A DISTANCE OF BIGHTY THREE (83) FEET TO LOT N0. 11, BIACIC "G", THENCE AIANG SAID LOT Nf)r il, .BLOCK "G', NORTH' PORTY`CWb (42) `DEGREES TWELVE (12) - MINU'T'ES WEST, A DISTANCE OF ONE HUNDRED NINE AND I'OUIrTEEN HUNDI2E~TH$"(109.14)-FEET TO TT1E SOITI'fTBRLY LINE OP EIGHT STREET, TILE .PLACE QF BEGINNING. $EING LOT N0. 16, BLACK "G", IN THE PLAN OF LOTS, OP SIMPSON TERRACE, PART 0I7 ADDTTTOIQ' NO. 1 TO"PORREST HILLS, AS RECORDED IN THE CUMBERLAND G'OUNTY RECORDER'S OFFICE IN PLAN BpWICB, PAGE 44. FARCELN0.26.24-08!11=397 BF1N'G THE SAML .PREMISES WHICH VERNON E. ANDERSON AND FAME R. ANDERSON, HUSBAND AND WIFE, AND RONALD L E1'ERN AND LENORA H. STERN, HUSBAND":AND WIFE, llDBIA ANDERSON STERN PARTNERSHIP, BY DEED DATED. 01.21-00 AND RECORDED 02-02-00 IN THE OFFICE OF THE RECORDER OF DEIDS IN AND FOR THE COUNTY OF CIIA~ERLAND IN RECORD B 215 PAGE .81U; GRANTED AND CO~VEYED UNTO ]ASS R. BUSH AND ORAH L BUSH; ILUSBAND AND WIFE. P~: 318 8tY Sean, New Cumberland. Pemosytvaeir 17070..