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HomeMy WebLinkAbout09-3903or for any other claim or relief requested by Plaintiff(s). 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 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Effective September 1, 2003 2420004_1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, Assignee of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., V. Plaintiff TOD M. REYNOLDS, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 0 g - 3 -103 d,,-l r-g, ,., AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despuds de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para 24200041 cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Efectivo 1 de Septiembre, 2003 Queja 24200041 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, Assignee of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., V. TOD M. REYNOLDS, Plaintiff Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 6y. ' 9D % .,J 74-z,,- COMPLAINT Plaintiff, Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc., ("Fulton") is a Pennsylvania Banking Corporation having an office at One Penn Square, P.O. Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, Tod M. Reynolds is an adult individual with a last known address of 354 Mayfield Street, Harrisburg, Pennsylvania 17109. 3. On or about October 31, 2007, Defendant executed and delivered to Fulton a Fixed/Adjustable Rate Note (the "Note") in the original principal sum of $144,800.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated by reference. 24200041 4. The Note carries interest at the initial rate of 6.750% per annum and requires Defendant to make monthly payments of principal and interest in the initial amount of $939.17, beginning June 1, 2008 and continuing thereafter on the first (1st) day of every month until all outstanding principal and interest are paid in full. 5. The Note requires Defendant to pay a late charge of five percent (5%) of the unpaid portion of the regularly scheduled payment when Fulton does not receive Defendant's monthly payment within fifteen (15) days of the date that the payment is due. 6. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated October 31, 2007 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on November 2, 2007 on Defendant's property being located at 316 S. High Street, Mechanicsburg, County of Cumberland Pennsylvania (the "Premises"). A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto as Exhibit "B" and incorporated by reference. 7. On or about February 14, 2008, Plaintiff and Defendant entered into a Note and Mortgage Modification Agreement ("Modification"). A true and correct copy of the Modification which contains the complete description of the Premises, is attached hereto as Exhibit "C" and incorporated by reference. 8. Defendant is in default under the Note, Mortgage and Modification for failure to make payments which were due beginning October 1, 2008 and every month thereafter. 9. Notice as required by the Homeowner's Emergency Mortgage Assistance Act of 1983 (Pennsylvania Act 91) was sent to Defendant by Certified Mail, Return Receipt Requested on August 19, 2008. A true and correct copy of the notice is attached hereto as Exhibit "D" and incorporated by reference. 24200041 2 4 10. Pursuant to the Note, in the event of default, Fulton may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 11. Pursuant to the Note, in the event of default, Fulton is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 12. For purposes of this action, Fulton believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, Fulton recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, Fulton agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 13. As of May 8, 2009, the amount due on the Note and Mortgage and Modification is as follows: Principal Balance ................................................................$144,041.37 Interest through May 8, 2009 at a rate of $26.64 per diem ....................................................6,668.30 Negative Escrow ..........................................................................666.97 Late Charges ................................................................................375.60 Prior Billed Legal Fees ................................................................465.00 Attorneys' Fees .........................................................................3.000.00 Total ....................................................................................$155,217.24 plus continuing interest after May 8, 2009 at a rate of $26.64 per diem, plus continuing late charges, attorneys' fees and costs. 14. Fulton has demanded payment of the amount owed from Defendant but Defendant has failed and/or has refused to pay the same. 15. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in 24200041 3 writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant the name and address of the original creditor if different from the above. 16. This is an action in personam on a Note accompanying a Mortgage and is not an action in Mortgage Foreclosure. WHEREFORE, Plaintiff, Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. demands judgment against Defendant, Tod M. Reynolds in the amount of $155,217.24, plus continuing interest after May 8, 2009 at a rate of $26.64 per diem, plus continuing late charges, attorneys' fees and costs. BARLEY SNYDER LLC 10 Date: By: S awn M. Long, Esquir Attorneys for Plai Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 24200041 4 VERIFICATION Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. V. Tod M. Reynolds I, Christopher L. Demko, being duly affirmed according to law, depose and say that I am Senior Vice President for Fulton Bank; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: A4"Z Christopher L. Demko, Senior Vice President Complaint (Cumberland) Fulton Reynolds.DOC Loan # 5700621090 MIN # 100124200004069758 FIXED/ADJUSTABLE RATE NOTE (One-Year Treasury Index - Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIM UM RATE I MUST PAY. October 31, 2007 [Date] LANCASTER [City] PENNSYLVANIA Istauj 316 SOUTH HIGH STREET MSCHANICSBURG, PA 17050 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. S 144, 800.00 "Principal"), plus interest, to the order of Lender. Lender is FULTON BANK (this amount is called 1 will make all payments under this Note in the form of cash, check or money order. 1 understand that Leader may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.750 %. The interest rate 1 will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by snaking a payment every month. I will stake my monthly payments on the first day of each month beginning on June 01, 2008 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I tray owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 01, 2036 , 1 still owe amounts tinder this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will stake my monthly payments at ONE PENN SQUARE, LANCASTER, PA 17602 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 939.17 This amount may change (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of May, 2015 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. 5700621090 5700621090 MULTISTATE FIXED/ADJUSTABLE RATE NOTE - ONE-YEAR TREASURY INDEX - Single Family - Fannie Mao UNIFORM INSTRUMENT Fan 3522 1107 Wolters Kluwer Financial Services VMPS$43N (02031.01 Peps 1 of 3 kirmw _ EXHW A 21 i The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Three and one quarter percentage points ( 3.250%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.750 % or less than 3.250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.750%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly w::css No:c :or„S L, 11"::::::o :D "'.0sc ::ian-cS. My p:..a: ...:nay rzdL;C;: the of. .:j monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 5700621090 5700621090 Form 3522 1101 VMPO-803N (Otosnoi P".2 of S kdtiww 71"le . 3 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is trailed to me or delivered by other means. j (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described i above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises trade in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means l:: ;J gi-- nJL,.. to Jt:ar p.rsJ::s 'liar a111Ji n"s d'ic have no" bCC11 paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: 5700621090 $700621090 Form 3522 1 t VMPO-943H (0205).01 Pape 3 or 5 1rNrrK;7)** 4 Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, 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 full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. i (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section I I (A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used io this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. i If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise'this option if (a) Borr ower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security 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 loan assumption. Lender also may 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 shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 5700621090 5700621090 Form 3522 1101 VMPtl.843N rozosl.ot P"O4 O f$ mw--77, AC 5 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. -7,-,,.,l m (Sew) TOD M. RBYNOLD -Borrower (Scal) -Borrower (Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower (Seal) -Borrower [Sign Original Only] 5700621090 VMP®-843N (0205)01 nrp. 6 or 5 5700621090 Form 3522 1101 ADDENDUM TO ADJUSTABLE RATE MORTGAGE NOTE CONSTRUCTION LOAN Noteholder and borrower have entered into a construction loan agreement which sets the estimated cost of construction of a new single family residence at $30,000.00 and provides, inter alia, that the total amounts advanced under the construction loan agreement shall not exceed the estimated cost of constriction. The borrower hereby incorporates the following covenants into the note by way of this addendum to be attached thereto and incorporated by reference therein: For value received, the undersigned ("borrower") promise(s) to pay FULTON BANK, the principal sum of $144,800.00 Dollars or so much thereof as may from time to time be advanced under the construction loan agreement with interest on the unpaid principal balance as advanced and other fees with respect thereto from the date of this note at the rates and times as follows: (A) Interest only at the construction loan rate of 6.750 percent (6.750) per annum on the principal sum or so much thereof as may from time to time be advanced monthly from date and on the Ist day of each month thereafter for six months. (B) Thereafter, principal and interest payments to be made at the rate and terms described in the adjustable rate note executed by the undersigned on October 31, 2007. "Except as otherwise set forth in this Addendum, the terms and conditions of the note shall control the relationship and rights of the parties. In the event of any conflict, inconsictencv or amhignity between the nnte and this Addendum, such conflict shall he resolved by reference to this Addendum." DATE: October 31, 2007 TOD M. REYNO DS JUN-09-2009 1.2:02 HOMESALE SETTLEMENT SVS 717 509 4236 P.002 Prewod By; jeaaaine Albright one Penn squares Lancaster, Pik 17602 (717) 672-2041 Return To: FULTON BANK 1695 State Stseet East Petersbur& Pa 17520 Parcel Number: ?g.•Zq-bff7.Cq Premises; 316 800= KIM STRUT X&Ct>p11stIC6RUM PA 17050 gyp[; C*Avbuobmn Low ?Q? LTii.?I - Daa _ _ THIS OPEN M MORTGAGE S FUTURE ADVANCES. 171F M? AT ANY TAMESECUMMByTAMMORTOACEIS S144JW.00(EVILISIVB Fo nvt??.,.ROTEcTlVp OUMrANDIWC, DERNMONS ADVANCFSANDE7pggy) MIN 10012420000406273a WOrdS used in multiple sections of this documrnt arc defined below and other words we dcftned in SocxiOas 3, 11, 13, 18, 20 and 21. Ccrtain ruics regarding the usage of words used in this documcm are also provided in Soctiou 16, (A) "Seeutyty Yssdmu*W'.ar MM this document, which is dated October 31, 2007 together' with all Riders to this dmunent. (H) "Borrower" is TOD M. 1 2=0LDS Borrower 6 the mortg M under this So> unity In, Wrtent. (er "MF.RS ^ is Mortgage Elacbmic Registration Systcm%, Inc. MFRS is a Acparste Corporation that is acting 301,01Y as a noeec for L Oft and Laxlet's successors and assigns. MERS Is the mortgatee under tMa Se wkY INI&VImaMIL MFRS is orgud=d and existing mukT the laws of Deloware and has am vdd1reft and telephone nub ofP.O. Box 2026, Flint M] 48501.2026, icl. (889) 679-MERS. 5700621090 POINSYLVANM - Sinpte Family , Fang ma*vftddk moc #jNIFORM INSTRUMENT WITH A1ERS $700621090 Wolters Kkmer Rnanaial Smia m VMPe-#A(PA)PN4)A2 Form 3030 it Ape t r 16 IMlialc 'TNt E1Mff 13 JUN-09-2009 12:02 HOMESALE SETTLEMENT SVS (n) 'I.eaaee, is l LTW H1?M Lender is a OoRmitILTION "PIlizOd and existing under the taws of STATE OF PENNSYI. VANIA Lemder's address ig OM purr SOVAn, LMCASTER, PA 17601 717 509 4236 P.003 (>) "Note" mean the promissory note signal by BMTOWCr and dated October 31, 2007 The Note stain that Borrower owes Lender One Rtindxed Forty roar Thouo&nd Right Suadresd And Zero/100 (U.S. $lat, 800. 00 . ) plus int~, Borrower ! Dollars promised to p4y this debt in regular Periodic Payr=tS and to pay the debt in full not later than May 01, 2038 yZ'roperty" means the property that is described below under the heading "Transfer of Rights in the (C) "Lem" means the debt ci ldenced by the Note, plus interest, any prcpsymeW charsm and late charges due Omder the Notc, and all sutras due under this Security lnstrur m, plus iaterest. (i) "Riders" mmm all Riders to this Security Instrument that we exec utud by Horrower. The following Riders arc to be executed by Borrower [check box as appGeablal: AcUuatable Rate Rider Condominium Rider Second Nome liidtr Balloon Rider Planned Unit Development Rider t -4 Family Rider VA Rider Biweekly Payment Rider ? Othtx(a) I:euucifvl Legal Description (J) "AppNeable Law" means all cmtrolling icable fe&M, state and local siatutcs, regulations, Ordinances and admidisbifivr ?u1es and orders (that have the effect of law) as well as all applicable f J, C judicial opinions (.n ' omsnaaity Association Does, Fees, and Assa meets" means all does. fees, assouv=ts and other cl wSm that arc imposed on lo*vt or the associWon or similar organization. PAY by u condominium association, homeowttcrs (K) 'VJocbvok lFunds Tran0er" means any transfer of funds, other than a ?saction originated by check, draft, or X;rAilar paper imtrum>en w idt is initiated through an electronic torrninal. tckphon tid/t an a000UtfI. Such tertru inc;l C ^ f;r??nCi?l :ncrit.Ai?+n ... ?,,k t or Crnc vacs, but is not limited to, point-of--sale transfers. aut0'm-atcd teller mashinm transactions, transfers initiated by telephone, wirc transfers, and automated clwinghouw (1L) 'T9erow Ttwu" me= tbdw itemts that arc deacibed in Section 3. by N meam any third party (er o than ins y rx> auetlrxr. scttEcxnent. award of date Or proceeds paid darnW to, or destruction of. idle p 4 cold under the covers dcscrihed in Section S) for (i) Party: (iii) '' (ii) condemnation or other taking of all or any putt of the: value sud/or 'moo of the in lieu of pr motion: or (iv) misreprescotstions or, or omissions as to, the the Lxen. Jnauraem" means ilmn-ve protorting [..ender ap rist the nonpayment of, or default oil. (O) "Terlodle Paymmt" nteaas the regularly scheduled •antount du, ror (i) principal and interest under the Note, plus (") any amounts under Section 3 of this Som city Instrumrnt. 5700621090 Y1M Pa-GA(PA) omofjm 5700621090 Imlialr ?? Paco 2 of 76 F"M 3039 11*1 JUN-09-2009 12;02 HOMESALE SETTLEMENT SVS p) 'RESPA" rnclins the RW Estate SettlCmcnt procedures Act (12 U. S. C. Soction 2601 ct seq.) and its ?tq1eimting r%W8don, RoBniation X (24 C.F.R. Part 3500). as they might be amended from time to time. or any additional or stsr?or kgral jon or regulation that govern the same su reef RESP rrfcra to all r uirernenb and Matter 1 As I to a "f loan" oq alifyiCtiorts that are i used 8C even if the Loan does not qualify sLS a "Fcdcrally related mortgage (Q) "Spcwssor In 1¦terest of Homwer" menu any puny that has taken title to the Property. whether or not that pl„rty hale auumed BoIrrower+6 obligations tinder the Note andlor thin Security tnuttrument, TRANSFER OF RIGHTS IN'THE PROPERTY This Security 111strulnedt boom to Lender. (i) the r"ym mt of the Lows. and all renewals. cxtemciorts and modifications of the Note: and QQ the pe rformw= of l krrrowet" s cover=ts and agreawrits under thi. Security InsWumcat and the Note. For this purlwrc. Borrower does MMS (wkly as nominee for Leader fib?' rrior?pgc, gram and convey to ond Lelder''s awocceaors and aadgrna) and to the stlcct5sors and aWgris of MER$ the followmg dcacribcd property located in the county (Typo of Imordi" Juigcdictioe I of Ct7i1BIUM,» Wane ofFeeerding Jurisdmfionl: BEING the same premises more fully described in Exhibit A" attaches and matte a part hereof. ' and (10) am advances made under the Construeflon Loam Agreement of even date herewith to enabl@ completion of the enaction, construction. alteration and/or repair of the mortgaged premisos. which et nV tly has the W&CM of 3 16 S0V= g=6$ g? 11IN lasam E. ("Property Address")- Ic'ilyl. Pmmylvlutia 19050 I c911 Iota Cudej 717 509 4236 P.004 TOGUrHER WITH all ;the improvptlptts now or tweafter Crected on the =I&, fxttpxs now or hercitner a pall of 1110 property, 2nd all property. covcred by thin Sucurii property. All rtpln'=Wnts WXj p,?,OPC?,, tY t?trtutrartt. All of the f of ; ?g is ?W rY?.l to M this t dj Witirumcnt as the "• i `7." Borrower undwstands and .8,, that fAM by in this SCcudtY tnstrumen but asstf ar holdx only kgat title cuma 851 Mince for Umder and Lender' y s oya and Y to ?4ty with Im. or ffit: p to exercise any or a1i of titase ia>aer , ;nduding, but not limited to. the ri foreejoft and sett take 2ny action t1?rod of Lender incheding, but not limited to 111C and to to, rcleasittg and tnt ,xli,tJr ttyri, 570062zoso VM P W-4A(pA) (060.1.92 Irwll.k; i4"3 v! 16 5700621090 Form 3032 1101 JUN-09-2009 12:02 HOMESALE SETTLEMENT SVS 717 509 4236 P.005 BORROWER COVENANTS that Borrower is lawfully seised of tic estate hereby conveyed and has the right to mortPW, Vwd and cunvcy the Property and that the ftmmbf? of rooord. 13orrvw?T Property is unencumbered, cxc?t for claims and warrants and will defend ga mrrally the title to the Property against all dads. subject to any a ncumbrancme of record_ covcnam THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifcx'm with limited variations by jurisdiction to constitute a uniform security instmtment covering real UNIFORM COVENANTS. Borraws:r and Lcndcr covenant and agree as follows: EostoI. Pxynmmt of Ptinelk, Interest, Escrow items, Prepayttaettt Cbargea, xad Late Cb pay when due the principal of, and interest on, the debt evidenced by the Note and any Mqqmmt dwScs and late charges due hence= the Note. Borrower shall also pity funds for Escrow Items ptusuaw to Section 3. Paymc6ts due under the Note and this Security Instrument shall be made in U.S. cur mr-Y. Howcvw, if any elwck or other n*r=wt rexae%vod by Loader as payment under the Note or this SKurity Instrument Is rettarned to Lender unpaid. Lender may require that any or all subsequent paymcnU due under the Note and this?Socurnty lmstrumcm be made in one or more of the following forms, as selected by tender: (a) cads; (b) money order; (c) certirrod check, bank chock, treasurer's check or cashiers cheek, provided +mY such chock is drawn upon an institution whose deposits are insured by a federal agency, inity, or entity; or (d) Electronic Funds Transfer, Payawatf are darned received by Lender when received at the location deeigm dcd in the Note or at a sch other location as may be designated by Lender in acoordanee with the notice provisions in Section 13. Lender may return any paymc.'Int or partial payment if the payment or partial payments arc iusufcient to bring the loan onrnat. Lcodcr rosy accept any payment or partial payment inhufficicnt to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to rd's such payment or partial payments in the A*u r., but Lender is not obligated to apply such payments at the time such paymcnL% arc aeceptod• If eaClf Periodic Payunrnt is applied as of its scltc&W due datc, then Lender need not pay iptortst on =applied Atmds. Lander may hold such unappliod Bends until Bor wax makers payment to bring the t.cen current. If Borrower coca not do so within a reamntable period of time, Lender shall either apply Stich funds or rdurn tbedn to Borrower. If not applied earlier, Stich funds will be applied to the outstanding Pnneipab balance under the Now immediately prior to foreclosure_ No offset or claim which Borrower might bave now or in the fmwo against Lender shall relieve Borrower floor .ain '"aki payments dU(C under InJ{l u...YYt. • ? ! 0 • V VII .t .I: N...?I bb111\l:l.l .Y??rM{.:.. ..?j :11..1 .T.. u. pays 2. APpileadon of Payments or Proceeds, rxeept as othcrwLW do ribed in this Seaiun 2, all due wider nt5 accepw and Applied by Lender shall be Applied its the following otdcr of priority: (a) irrtcc t (b)1rinci?? due under the Note; (e) amounts due under Section 3. Such payment, A0111 be applied to each Periodic payment in the order in which it becam due. Any remaining amounts shall be died first to late dwVcs, second to any other amounts due tender this Security TnstrumcW, and then to reduce the pfincip d balance of the Now, If Lender rmdvcx a payment rrom Borrower for a delin(lucm Periodic sufficient amamt to pay any We Cherie due, the payment ?Yttt which includes a the late charge. if Wrote than one Periodic may be applied to the delinquent paymce,t and from Borrower to the r Payment is outstaMng. Lender may apply any payment ree6vW epaymrnt of the Periodic Payments ir, and to the extent that. each p4ymrnt 5900621090 M? 10 vwr•*-swtt+wJ?soexas paw •ae,s i"n"k: ) 57006x1090 Form 3639 1101 HOMESALE SETTLEMENT SVS YIY bUJ ' 4ZL Jb r. UUb can be paid in full. To the cttcat that any Wtexss exists after the payment is applied to the full payment of one or more Periodic PrjmK cnts, such excess may be applied to city late chargco due. Voluntary Pita shall be applied first to any prepayment charms and then as do c6bc d in the Note. Any application of paynyents, insurance proceeds, or Miscellaneous proceeds to principal due under the Note shall not extend or postpone the due date, or charge the amount, of the periodic payments. 3. V=4 for Ea rew Itenpae Borrower shall pay to Leander on the day Periodic Payments arc due tmdtw the Note. until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessmen! and other ;terns which can attain priority over this Security Instrument as a (c) lion or enc umbratnoe on the Property; (b) Irasdtoid payntertts or ground rents on the Property premiums for any and all insurance required by Lender, under Section 5; and (d) • it• surttncc P wniw if any, or M any sum PRY" by Borrower to Lender is licu of the payment ofmor Mortgage Insurance premiums in ac=&nce with the provisions of Section 10, These items are called "Escrow, tteras." At origination or at airy time during the team of the Goan, Lender my require that Community Associadon Duct, Fees, and IAsaessmaats, if my, be tscrowcd by Bwowda, and such dues, fees and assessm=U shall be an Escrow Item. Borrower shall promptly famish to Lender all notices of amormts to be Pud under this Section. ;sallower shall pay Lender the Funds for Escrow Items unless Lcadcr waives B'ower`s obligation to POLY' the Funds for any or all Escrow ROM Leader may waive Borrower s, obligtdion to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in %%TWttg. In the event of such waiver, Borrower Mall pay directly, when and where payable, the amounts due fat any Escrow Itamt for 4vhich payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing stitch payment within such time period as Larder may requicc. Borrower's obligation to make such Payments and to provide receipts shall for all purposes be donned to be a covamwd and ag eament contained in this Septrity Instrument, as the phrase "covert 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 amowatt due for an Escrow 1tM Lomdcr may exercise its rights under seceioo 9 end pay Ruch amount and Hwiowcr shall then be obligated under Section 9 to repuy to Lender any such amotwt. Lender may revolve the waiver as to any or all Escrow items at any time by a notice given in acoordanee with Section 15 and„ upon such revocation. Borrower stwlI pay to Lender all rur4s, and in such MOMA9. that are then rcquirvd under this Section 3. rLeader may, at wry time, boiled and hold Funds in an amount (a) guff oicrit to permit Lender to apply .iii • .iiwS w uw N:::v ?%.:.:i::w W.w? /1.1 I:u. .V .:\..??? x?? •• ..... 1 . 7 require under RESPA. Lend ? (hall osn y ,V/ ? iii:i.L•iii•.ii: :i:?.y`„w 3 .ii•M?: ?•w: maze the amount of Funds due on the basis of current data and rexmonable etRicastcs of expenditures of future Escrow hone or otherwise in accordance with Applicable Law. The Funds shall be hold in an institution whose deposits are insured by a federal agency, instnrre MOAty, nr entity (including LestdCr. if Lender is an institution whose deceits are so imur4 or in arty Federrii Home Loan Bunk! .Lender shall apply the Funds to pay the F.sQpw Itcnis no ISW than the time specified sneer RESPA. Lender shall not charge Borrower for holding acid applying the Funds. annually assalyzing the escrow account, or verifying the Escrow ]tares, unless Lender pays ft rower interest On the Funds and ApPIicable Law Permits Lender to emcee such a charge. Unless an agreement is made in writing or Applicable Law regttitees ktc= to be paid On the Rends, I ender shall not be requited to pay Borrower any intemt or earnings on thc' Funds. Borrower and Under can agm in writing, however, that interest 5700621090 5700621090 s.- TM VM P o-6A(PA) tasoe?.oz Aw• 5 of to Fenn 3039 t /o t 12:03 HOMESALE SETTLEMENT SVS 717 509 4236 P.007 shailndsbe as paid on Funds. L =rdcr $hall give to Borrowcr. without Charge, an amual accounting of the required by RESPAJ If there is a surplus off Funds held in escrow, as defined under RESPA, lender shall acc nuat to Borrower for the Owess funds in accondenoo with RESPA. If them is a dwrtagc of Funds held in ecrow. as defmod under RESPA; LV;dcr shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the arrmmt neceswrY to make up the shortage in aeoordance with RESPA, but in no more than 12 monthly payn=ts. If there is ? deflcieney of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount nem nary to make up the defidcocy in accordance with RESPA, but in no snore than 12 monthly payments. Upon payment in full of all sums sommcd by this Security Ir$Wvmxmt, Lender shall promptly refund to Borrower any Fmsda held by bender. 4- i Liens. Horrowcr shall pay all taxM asso&.ctnemW-, cbargm. fines, and impositions attributable to the Property which can attain priority over this Security ISM, leasehold paymethts or ground r erns oo the Property, if any, and Community Association Dues, Fees, and qumnents, if any. To the extern that these items pro Escrow Items, Borrower shall pay therm in the masons' provided in Section 3. Borrower Shall Pr azrtly! discharge any lien which has priority over this Socwity Insttu rent unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable toLenderatd only so long as Borrower is perforating such apac wnt; (b) contests the lira in good faith by, ulnas onforcamwt of the lien in, loaf Proceedings which in Loaxl&a opinion operate to prevent the mforcmwat of the lien while time proccodings am pending, but only until such proceedings Arc concludod: or (c) secures from the holder of the lien an agreeamt satisfactory to Leader subordinating ths; lien m this Smzrity fnstrumdlt If Lender determines that any part of the Property is subject to a lira which can attain priority over this Security Instrument, Lender may give Borrower a notioc identifying the lien. Within IQ days of the date on which that notice Le givM Bwmwrr shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lcuder May raquirr Borrower to pay u one-time charge l'or a aryl estate tax verification and/or ring sa vicc mad by Lender in connection wit)% this Loan. S. Property Jthtrstcrance Borrower shall kocp the imprnvcmentc now existing or hereaflcr eroded on the Property inured Wainst loss by fire, m urds tnoludcd within the term "extended coverage," and any other harwds indoc ttg, but not limited to, eurithquakes and floods, for which '^ 7 arr: 1, , : Lender rcquirYS ittsura f .._• ??wli'u'ww? .i. bz •iril3uNiiiw •;i du. .u::Vwi.J ?ii:?: wi:iim .?.??u? ?•1• i? ??i'i? .. • , f` :::. 'a1 • requires, What Lomder, ?quires pw umt to the preceding smten cs ' "V V. ?V rte' u the Leah. The insara"ee carrier providing the insurance shall be change during the term of right to ?strpprove @orr'owd ?? by Iiorrt? subject to Lender's dwicc. which right shall not be Qscrciaod unremotmbly. Lender may require Borrow to pay, in connection with this Loan, either: (a) a om time dwzp for flood zone determination. cart,firstioa and Mmking service: Qr (b) a one-time charge for flood tone determination and octdcation services and subsequent char&cs mob time r reasonably might affect such determination or certification. Borrower allsalso be changes a rrorhtthe payment of $my fees iMPosed.by the Federal Emergency Management A review of any flood zorfo deta'mination resulting from an ?Y is connection with the objection by Borrower, 5700621090 Vii P'W-6A(PA) C*sao}o7 ?t 5700621090 ulmau: r/A? rope $ or +s Fonn 3039 sm HOMESALE SETTLEMENT SVS 717 50° 4236 P.008 IT Borrower fails io rwAfflean any of the coverages described above. Lxnda coverage, at Lender's option and Borrower's p%=w. Lender is umber no obligation to ottWn per hitsean any particular type or amount of1coverage. Therefore, such uovera&e shall cover Lam, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk. hward or liability and might provide greater or ImIXT coverap theses was previously in effect. Borrower acknowlO m that the cost of the insurance coverage W obtained aught significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower socurod by this Security Instrument. Theft amounts shall bane interest at the Note rate from the date of disbuursornettt and shall be payable, with such inter Lerida to Borrower .upon notice from reyuestuhg paymrnt All i»sfata0e policies required by Lender and renewals of Such polices shall be subject to Lender s right to disapprove such poly shall include a standard mortgage clause and shall natnne Leader as mortgagee and/or ae an additional loss payer. Lend or shall have the right to hold the policies and renewal certificates. IP l .ender rcgnires, Sonvwer shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower pbtains may form of insurance coverage. not otherwim required by Lender, for damage to, or destraetlonl of, the Property. such policy shall include a standard mortgage clause and shall name Leader as morWSw and/or as an additional loss payee. In the evpht of leas. Borrower shall give prompt Mice to the.insuranoe carrier and Ixnder. Lender may make proof of loss if trot mat promptly by Borrower. Unless Lander and BotrOwer oax wise agree in writing. My insurance proceeds, whedw or not the underlying inwaar= was required by Leander. shall be applied to resu raiion or repair of the Property, if the restoration or repair is economically feasible and Lendc es socurity is not leasetned. During such repair wW restoration period, Lender shall have the right to hold such insurance proceeds until Lender has hod an opportunity to inspect such Property to ensure the work has been cmvletod to Leader's satisfaction, provided that such inspection shall be undertake Promptly- Lender may didxm proceeds for the repairs and restoration in a single payment or in u series of progress payments as the work is completed. Unless an agotnem is made in writing or Applicable Law requites e to be paid on such insurarm proceeds, I.esdcr shall not be required to any >ngs on such , pay Borrower proceeds. Foes for public adjusters, or other third parties, retained by &wr+owcr shall riot be paid out of the insurancc proceeds and shall be the sole Obligation of Borrower. If the restoration or repair is not economically feasible or Larder's security would be IGC,aetied the atisnrOn?.n .r n.4 the cxOCSa, if any, paid .:.. ?: ..; ..s.: ;...:..., •?...:;:;::..:::.::...::: ?:::. •,; .::: to Borrower. Such insurance proceeds shad be applied in the order provided for iit Section 2. If Borrower abandons the Property, Lender y negotiate said settle any available insura ner claim and r carri elated ngQt?y, If Borrower does not lirafile. ier respond within 30 days to a notice Prom Lender that the has offered to settle a claim, than Lender may negotiate and settle the claim. The 30-day period will begirt when the notice is given. In either event. or if Lender acquires the Property under Section 22 or O% [wise, 8orr0wcr hereby assigns to Lcndcr (a) Bwmwc,T's rights to any insurance proceeds in an anount not to cxoood the amounts unpaid under the Note or Ilnis Security lnctrumcnt, and (b) any other of Borrowers rights (other than the right to any refund of unauned preznitun4 paid Borrower) Under all iawaance policies covering the Property. insofar as such rights- am applicubic to the '--OvC[1W of the PrOperty, Leadtv may use the inSuranoo proceeds' to pay amounts unpaid under the Note or this Security In ,ewhether or not then c the Property or s7o©6azo9o 1 tF S700,121090 VMP04A(PA)toweNez P"a?of16 ,niaxy Form3019 1101 JUN-09-2009 12:03 HCMESALE SETTLEMENT SVS 717 509 4236 P.009 6• OccuPaINCi'• -Borrower shall occupy, establish, and use the property w Borrower's principal reiddernce within 60 days after the execution .of this Security Jnstrurrratt and shall continue to occupy the Property as 8orrowera principal residence for at least of year after the date of occupancy. unless Lender otherwise agrees in writing, ; which consent shall not be unrc ewnably withheld, or unless extenuating circurmtax= ads which are beyond Borrower's control. 7. 11"t" rvadan, rA*Wten&DCC and Protection of the Property; Inspections. Borrower shall not destroy, dotttsge or impair the Property. allow the Property to deteriorate ur c ommil waste on the Pity Whether' or not Borrower is residing in the Property, BoaTOwa .hall maintain the Property in order to PrCvcat the Property from deteriorating or decreasing in value due to is oorafition. UnIm it is determined pursuant to Section 5 that repair err restoration is not economically feasible, Borrows shall PayPdY >cP* dw Property if damaged to avoid further deterioration a damage. If imumec or =ndcmoa11011) proccods are paid in cormoctioa with carnage to, or the taking of, the property, Borrower shall be rersponalble for repairing or restoring the propcny only if Lender hiss rdeased proc;neda for such Perms LmadW DY &*ts se proceeds for the repairs and restoration in a sinus payment or in a series of progrm PaYn m4a as the work is completed if the insurance or condenvWion proceeds arc not sufficient to repair or remooce the 1'roper. Y. Borrower is not relieved of gomwees obligation for the conr;rldfon of wch repair or restoration. Lender or its agent ma? Pu*e rcasonable entries upon and imvections of the Property. If it her; renmublc cause, Lender maylbuPeet tine interior of the inProvemcnts on the Property. Lender shall give Borrower notice at the tune of or prior to such an interior inspcnction specifying such reasonable cause. & BonvwWx Loan 40esdon. D3Wrower shall be in default if. during the Loan application Pry. Borrower or any Pam$ or entities anoint at the direction of Borrower or with Borrower's lrnowlcdge or consent gave materially false, misleading, or immurate information or statanents to Lender (or failed to provide Lender with mate rW information) in connection With the Loan. Material r' epreaarwtatiema "Jude; but arc not lmmitad to, representations concerning Borrower's occupancy or the pM1P01Y as Borrows principal residence. 9. Protection Of14ndeeii trtte,rest in the Property and Rights Under this Security Instrument if (a) Borrower fails to perform the covenants and 1119=11cm contained in this Security lnstraxnt, (b) there is a legal procccding that might significantly affect Lerrdcr's interest in the Property this Security Instrnouent (such as a proceeding in bad mnat stabler rights under PtcY, Probate, for oondetturation or forfeiture, fix mr rat of a lien which h+mv attain nri(wity over this 4rurity Instnrmcrnt or to enr4wec laws or regulations), or (c) Borrower has abandortod the Property, then 4,endcr may do and pay for whatever it reasonable or appropriate to protect Lendees interest in the Property and rights larder this ,.3ecurity Instre m4ol, including protecting and/or naming the value of the the Property. Lmders actions scan inel? 3'• and socxrrirtg and/or by repairing which has but are not limited ter: (a) paying any Sum secured by a lien priority over this Security tnsnument; (b) appearing in COW; and (c) i ' foes to protga its interest in the Property and/or rights under this Security Ins paying reasonable ,n cluddiingg secured po"m in a banlauptey proceeding. Securing the Property includes, but is not linliw to. entering the Pmperty to make repairs, change locks., replace or board UP dooms and windows. drain valor front Pte, elamiu tc building or other code violations or dangerous vonditioM and have utilities turned on or oft: Although Lender may take action under this Section 9, Lc,idcr does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions author'aod under this Section 9. 5700621090 v14t•0-4A(1Rw)tos0ea 2 ,p 57oo62109o Mif;.K:7M -- Pl0w6 Co is Form 3029 1101 111 HOMESALE SETTLEMENT SVS 717 509 423S P.010 Any amounts disbmaed,?l by Lendcr undo th6 Sation 9 shall beeourc additiorrrrl doW of Borrower secured by this Security Iastrurnerrt. '1 bCW amounts shall bear interest at the Note rate from ncc date of disbursement and shall be payable. with such interest, upon notice from Lender to Borrawcr requesting payment. If this Security Inwrsanent is on a jawhold, Borrower shall C()04 Ay with all the provisions of the Masc. If 19orrowes acquired fee title to the Property, the Icasehold and the fee title shall not merge unless Lender agrees to the merger in writing, I0. MortgM lwurancc. If Lender required Mortgnge insurance as a condition of making the Loan. Bmv*dr shall pay the prat ems required to maintain the Mortgage Ingatmec in effect. If. for any reason. the Mortgage Iniki ance cov=e required by Lender ceases to be available from the mortgage insurer that prcviotaly pnOVidod such insurance and Borrower was required to make separately dwignated payntrnis toward the prainiu as for MonM InsimnW, Betrowta shall pay the premiums regwred to obtain coverage stibstaadally equivalett to the Mortgage Insurance proviowly in effect, at a Oost substantially equivalent to the coat to DOirower of the Mortgage Insurance previously in effect, from an alternate *Wqpp saitxtod by Leader. If aub`tatitially equivalent Mortgage Ittstirance overage is not 0. Borrower aball oontmue to pay to Lander the amount of the separately desigratod payments that were due wham the insurance coverage ceased to be in dToct. Lender will accept, uec and retain dicer paymmAa as a nos-rcAmdablc lass reserve in lieu of Mortgage Insurance. Such Ipso rumzvc shall be not`refimdable• notwithstanding the fact that the Lowe is ultimately paid in full, arW Larder shall not be required to pay Boaowar my: interest or earnings on such loss reserve. Lender can no longer require lots rmcr: a pests if Mortgage! Insurance coverage (in the amount and for the period that Lender requires) provided an. bwxa selected by Larder again becomes available, is obtained, and Leaden requires y gamed payments toward the pronlums for Morip w Insurance. If Larder required Mortgage lasuzzwo as a omxWon of making the Loan and Borrower was required to make separately designated payments maintain toward the pretttittttts for Mortgage Insurance, So rower shall pay the premiums required to Mortpge Insurzlice in effect, or to provide a non-refundable lom receve, until Lendc e s rcqukmient for Mortgage Insurance ends in ce with any wntten agrcement between Borrower and Lender providin$ for such tertttination or until termination is required by ApplicaNc Law. Nothing in this Sechon 10 affects Borrower' s obligation to pay interest at the rate provided in the Note. Insorance reim6utses Lender (ear any entity that purcha:icill; the Note) for certain loss'm it m Insurance. ay incur if Borrower does not repay the Loan as. agreed. Borrower is not a party to the Mortgage i Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and nary enter into agree lments with other pardes that share, or modify their risk, or reduce loam. Thcse agreements i?t 1 rNrwo AIIY %'AjQ;LkIl i" .u.: a.iSiiWLViy lv turd. 111-1%0*? „j&w--e ulu UK Uai+w I^" ley kur iu4? Ow fit Va ts, Then agrafmts may require the mortgage insurer to nuke payments using y source l f fiffi t as ? the mo gp inmaw tray have available (which may include funds obtained from Mortgage As a result of these tcois. Lender. any purchaser of the Note; ;mother insurer, any reirimm, any other entity, or any afi llist of any of the foregoing, may receive (directly or indircedy) amoumc that derive from (or migtit be wised as) a portion of BorrowceI; paymrxtts fw Mortgage [rhkrrttttct, in exchange for sharing or modit'yittg the mortgage insuree s risk, or reducing rasp. If such ag.rcemont provides that an affrliue of Lender takes a shark of the insurer's risk in atchange for a share of the p! paid to the nsurer, the arrangement is often termed "captive, reussurarsoes." Further: Mo Y fads >?meoht will not affect the amounts that Borrower has agreed to pay for Borr? W11111 awe _ a for o Morrytgagother teran of e Insurance, the Loan. and thm will not en weer p an+ mound. "mount 5700621090 ''?y???j 5700621090 VAIP°-*AfPA)1oWW2 Paw o or re tbTrn sos9 t/01 HOMESALE SETTLEMENT SVS 717 509 4236 P.011 (b) A ty such agreements gill not affect the rights Borrower has - if soy - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1996 or any other law, 't'hese rights may iadrtde the right to keelve certain disclosures, to rceloest and obtain cancellation of the Mortgage Insurance, to have the Mortgage Inserattce terminated automatically, and/or to re elve a refund of nay Mortgage iasitnuce premiums that were unearaeti at the tine of such caaeeltation or termization. I 11. Assipment of Misedhaeous Proceeds; Forfeiture. All Miscellaneous Proceeds arc hereby assigned to and shall be paid to Lcndcr. 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 lcsscood. During such repair and mu ristion period. Lender shall have the right to hold such Miscellaneous Proceeds until (.ender bas lied an cppottmity to inspect such P to enseme the work has been completed to latch" s satisfaction, provided that such inspection shall C promptly- tender may pay for the repairs and re storWoo in a isingle disburnment or in a micas of progress payments as the work is completed. Unless an agromnwt is made in writing or Applicable Law requires rrltetest to be paid on such MIL ous 51%POW- ds, Lender sw not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If thi restoration or repair is not economically feasible or L.endee s security would be lessened, the Miscalt geotts Proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with the execs, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for in Section 2. In the event of a total) taking, destruction, or loss in value of the property, the Miscellaneous Proocods shall be applied to the sums secured by this Security lashvmcnt, whether or not then due;, with the excass, if any. paid to )Borrower. In the event of a partial taking. destruction, or lots in value of the Property in which the fair market value of the Property aatnediately before the partial taking, destruction, or loss in value is equal to of greater than the amotmt of the sums socurcd by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the surer scoured by this Security Instrument shall be reduced by the amount of tho Miscellaneous Proceeds multiplied by the Following fraction: (a) the total amount of the sums secured invoodistely before the l WdW taking, destruction, or loss in value dividod by (b) the fair marl= vahue of the Property inunWidoly before the partial taking, destruction, or loss in valve;. Any balance shall be paid to Borrower. In the event of a taking, destruction, or loss in value of the Property in which the fair market valuer of the Property ?iately before the partial taking. deRnmiak or loss in value is less than the amount of the suns secured Rm nediately before the partial taking, destruction, or loss in value, unless Boaruwu amid Lcuchs- uritatwia.: agave ill wri?iug, iii ivil?.a lialrWt?p 1 lu, uuu? ,jr.yj ,j??y IV ellL -Alb, gyred by this Security Itwtrtin t whether or not the sums are then duc. If the Property is abandoned by Borrower, or if, after notice by Larder to Borrower that the Opposing Party (as def`ned ii the reset sentence) ofrm to make an award to settle a claim for damages, twpwW to LaWer within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proccetiy either to restoration or rclxdr of the Property or to the sums mmired by this Security Instrument, whether or not then due. "Opposing party" mourns the third parry that owes Borrower Misocilmmus Proceeds or the party against whom Borrower No. a right of action in regard to Miaoellaoeoea Proceeds. Borrower shall be in default if any action or proecding, whether civil or criminal, is lxsgem that, in Lcrxices judgment. could result in forfeiture of the Property or other nnatcr4d ivWairmcat of Lender's inta-errt in the Property or rights undor this Security lnstrummt. Borrower can cuorc such it default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the =ion or proceeding to be 5700622090 5700621090 rnnWI: -:-s VMPN-6A(AA)rOdp?aoa free 70 ar I a r-orm 3039 1101 HOMESALE SETTLEMENT SVS 717 509 4236 P.012 disnaiwed with a ruling that, in Lender's judgment, prmiudes forfeiture of the Property or other nwterial in nnmt of Landa's interest io the Property or rights under this Security Insirmrant. The proceeds of any sward or datum for damages that are attributable to the impairment or Lender's intoe st in the Property are hereby assigned and shall be paid to Lender. Ali Miscellaneous Proceeds that are not appiicd to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Bonvwer Not Rdeased; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of :ration of the burns eceured by this Security instrument granted by Leader to Borrower or any Suocess?r in Interest of Borrower shall not operate to release the liability of Borrower or any Succossm in interest of Borrower. Lander shall not be requited to cominc ice proceedings agaitust any Successor in Interest ofd :Borrower or to refuse to attend tirne; for payment or odcrwisc modify smostixtrtien of the arm sutured by this Security Instrument by reason of any demand made by the original BOr v%w or any Successors; ini interest of Borrows. Any ferbcuawnoe by Lender in exacising any right or m medy invading, without litisitation, hander's acceptance, of payments from hard person:, entities or Successors in Infest of Borrower or in amounts leas than the amount then due. Shall not be a waiver of or predude the exercise of any right or rewWy. 13. 491st and Several Liabitity; Co-sigaers; Successors and Assigns Boned. Borrower covenants and gees the Borrower's obligations and liability shall be joint and several. However, any Borrower who co-48w this Security Instrument but does not execute the Note (a "co-sib"): (a) is co-signing this Seau ity boument only to mortgage, grant aid convey the co,signces interest in the property under the terms of this Security Irnstrantt; (b) is not personally obligated to pay the sums sccusod b? this Security Instru mcnt; and (C) agrees that Larder and any other Borrower can a8m to extend. modify, forbear or make arty accommodations with regard to the terms of this Security Instrument or the Note without the co-sigtrer's CQnalM. Smbjaet to the provi"s of Section I$, any Successor in Interest of Borrower who assurnes Borrowces obliptions under Ibis Security Inartunemt in writirk& and is approved by Lender, .hail obtain all of Borrower's rioft std benefits under this Saanrity Instruni ert. Borrower shell not be released from Borrowar's obligations and liability under this Security Instrument unless Leander agrees to such release in writing. The coven eats and agrompatts of this Security Instrument shall bind (except as provided in Section 20) and bewfit the evcccason and assigns of Lender. 14. Loan Charges. Lux1cr may charge Borrower fees for services performed in connection with Borrower's eieftt<ilt, for the purpose: of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' foes, property inspection and valuation foes. In regard to any other feat, the absence of depress authority in this Security Instrument to churgc a syccific Iv1i w EV A-J*LC:hall! not U0. %:I??s4u.:N".ANI VIA;U;AWU IA. \l/0. v4OW*1/.r.; VA au.l? iv.:. 1..otiQ ??wy ILIA ..itWg ; fccs that are expressly prohibited by this Security Instruunent or by Applicable Law. If 1he Loan is subject to a law which sets maximum loan charge& and that law is nattily interproted so that the interest or other loaulcharges coliceW or to be collected in connection with the Loan exceed the petrrnitted limits, that: (a) any such loan clnargc WWI be reduced by the amount necessary to reduce the charge to the peratittai limit; and (b) any norms already collected }I•om Borrower which exceeded permitted limits well be refuetdod to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note: or by a direct payment to Burrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for render the Note). Borrower's acceptance of any such refund made by direct paymcut to Borrower will constitute a waiver of any right of action Borrower might have arising out of such cverchsrge. 15. Notices. All notioesl 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 dmmcd io 5700621090 5700621090 Innhd.:.(?r. VUPr4A(PA)p30r}02 100tIt of Is Form 3039 1101 SETTLEMENT S'VS 717 509 4236 P.043 have been gives to Borrower whim mailed by first class mail or when actually ddivovd to Borrower's notice address if scut by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Apptiet blo Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notion to bender. Borrower shall promptly notify Lender of Borrowees change of address. it Lander specifics a proeodum for reporting Borrowees chsnges of adder. then Borrower shall only retort a change of address through that specified prooedure. There may be only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first clams trail to Lender's address stated herein unless Lender' has designated another address by notice to Borrower. Any notice in connection with this Securityl Instrument shall not be deemed to have been given to I.endar until actually rceeivcd by Laida. If any notice required by this Security Instrument is also required under Applicable Law, Applicable Law requirement will satisfy the cotme.sponding nyuiresnent under this Security I& C6vasl.ItaE Law; Severabitity; Rules of Construction. This Security Insm mean shall be governed by federal law anditho law of the jurisdiction in which the Property is lexxt. All rights and oWsations contained in this Security Instrument are l;ubjoct to any requirements and limitations of Applicable Luny. Applicable Law might tacp"tly or implicitly allow the parties to agree by contract or it might be Wait. bat such silence shall rot be construed as a prohibition against ag eorne nt by contract. In the event that any provision !or chaise of this Security Instrument or the Note cottlliuts with Applicable Law, such conflict shall not affect other provisions of this Security Instnutfent or tho Note which can be given offixt without the oontlieting provision. As used in this Security Iastrvmmt: (a) words of the masculine Sander shall mean and include corresponding noutcr words or words of the feminine gender: (b) words in the singular shall mean and include theplural and vice verse; and (c) the word "may" gives sole disomion without any obligation to Woe any 17. Rwrewees Copy. Borrower shall be given one copy of the Notc and of this Security Instruntettt. M Trantesr of the Pry rwty or it Bandlelal Interest to Borrower. As used in this Section 19. "ITAWM in the Property" means any legal or beneficial intartst its the Property. including, but not limited to. those beneficial mtcresb trap started in a bond for deed, contract for deed, instalhttent sales contract or escrow agtearmt, the intent of which is the transfer of title by Borrower at a future date to a purehaw- . If all or any part of the Property or any Interei in the Property is sold or transferred (or if Borrower is not a natural person and a Ibe nc ldal interest in Borrower is sold or transferred) without I,rndee s prior written conzetrt, Leader may require immediate Payment in full of atl ramie secured by this Security instrumcni. However, this option shall trot be exercised by Lender if such occrcise is prohibited by ;wy; ;%; Lttv.. i If Lender exercises this option, I.cadcr shall give PAwremar notice of ucccloration. The notice shall provide a period of not less than 30 days from the elate the noticc is given in aoeorda= with Section 15 witbin which Borrower muz? pay all suers secured by this security Instrument, Ir Bcxrowcr fails to pay than stem prior to the expiration of this period, Lander may invoke any remudies permitted by this Security Instrument without further noticc or domand on Borrower. 19. Borrowers RlOtl to Reinstate After Aeedw&G* . If Borrower meets certain conditions. Bosrowcr shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earliest o[ (a) five days before sale of the: Property pursuant to any power of We contained in this Security Instrument. (b). such other period as Applicable L.aw might specify for the termination of BotrOwe?r's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Laufer all sutras which then would be dui raider this Security insavmant and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or $900621090 5700622090 Maur: ?rn It° YMP ersA(PA) psssf or Pape t1 a t o Form 3939 1/01 HOMESALE SETTLEMENT SVS 717 509 4236 P.014 agreements; (c) pays all expenses irwa red in cnfore:ing this Security Instrument, including, but not limited to, reasonable attorneys' fats, property inspootion and valuation fees. and other foes incurred for the purpose of protecting Lender's interest in the Property and rights under this Security inarutnent; and (d) takes such action as Lender may rmsonably require to assure that Lende'r's interest in the Property and rights under this Secuity Instrument, and Borrower's obligation to pay the rants mcured by this Secu ity Instrument. "I coaftie unchanged, Lender nay rogwre that Borrower pay Poch rointtatexr><ttt lamas and expenses in one or mart of the following forma, w selected by Lander: (a) cash; (b) money order. (c) exxtitied check, bank check, treasurer' c check or cwhice s check, provided any such check is drawn upon an institution whose deposits ere insured by a federal agency, instrumentality or entity; or (d) Electronic Founds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby & hall remain folly c bctive ai if no acceleration had occurred. Howcvty. this right to reinstate sha11 not apply in the case of acceleration under Section 18. 20. Sale of Noon CLange of Loan Serviced; Notice of Grkwutc. The Note or a pwtial interest in the Note (ugcd= with this Security Insttumm) can be sold one or nwe tittles without prior notice to Borrower. A salt might result in a change in the entity (known an the "Loan Services") that collects Periodic Payments due tmdek the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Insnmeat, and Applicable Law. There also might be max or rare dmgw of the Loan Servic r unrelated to a sale of true Note. If there is a chwge of the loan Servica, Bor'tw= will be given written notice of the change whirls will state the name and address of the new Loan Seavicer, the address to which payments should be made and any other information RESPA roquires in connection with mnotice of transfer of servicing. If the NOW is sold and thereafter the lam is serviced by a Lowe Servicw other than the purthaaer of the Note, the nxwtgW lean servicing obligations to Dwower will ,amain with the Loan Servi= or be bumfefred to a successor Loan Scavicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nod Lender may commence, join, or be joined to any judicial action (as cilhex an individual litigant or the nuad cr of a class) that arises from the other patty's actions pursuant to this Security Instrument or that alleges that the other Marty has breadnod any provision of, or any duty owed by reason of, this Security Itutrtaimt, until such Borrower or Lender has notified the other party (with such notice given is compliant with the re ph=ncnts of Section 15) of ouch olteged breach and afforded the other potty hereto a reasonable period alter the giving of such notice to take corrective action. 11' Applicable Law provides a tithe period which must elapse beibm curtain action can be taken, that time period will be deamed to bet reasonable for prrposcs of this parWaph. The notice of acceleration and opportunity to cure given too Borrower pwsuant to Section 22 and the notice of acceleration given to iwrevwur purswuu w sauiot? la siueii 60 etWIlk" w butiaey elk rweuax atuei VPlXrtetniey to taiu: tXdructivu action provisions of this Section 20. 21. Haratld ns Sobstaitecx. As used in this Section 21: (a) "jia;atdous Substances" we those substances defined as toxic or hwwdoas substances, pollutants, or wastes by Environmental Low and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde. and tadio6olive materials: (b) "Eaviroarnental Law" means federal laws and laws of the jurisdiction where the Prc,pony is located that rclwc to health. safety or environmental protection; (c) "Environmental Cleanup" includes any response action, rcmcdW action, or removal actkm, as dersoml in Environmental Law; and (d) an "Enviranmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 5700621090 5900621090 Whew rw vaPefiA(PA) toa0.?o2 Age 13 of 16 Fern 3039 1101 HOMESALE SETTLEMENT SVS 717 509 4236 P.01 5 Borrow SW na cause or permit the pry, use, disposal, storage, or relmo of any Hazardous su?aoces` or threaten to release any Hazardous Substances, on or in the Propcrt)•. Borrower shall not do, tot' allow anyone else to do.j anything affecting the Property (a) that is in violation of any Environmental mow, b) which Cates an E*Arommenttd Condition, or (c) which, due to the presdfoc, usc, or release of a H Subamuz, otc;ics a condition that adversely affects the value of the Propwty. The preceding two scatanoes shall not any to the pregence, „*e. or storage on the Property of small quantitics of Harardm Substances that are generally recognized to be appropriate to norrml residattial uses and to rrAinteoUnee of the Property (inG1ading, but not limited to, hazardous substances in consumer products). ther action SOMWer gull Promptly give Coder written notice of (a) any investiption, claim, demand. lawsuit o by any governmental or regulatory agency or private party involving the Property tmd any H=wdotts " brow or Envirotunmtal Law of whtelt Borrower has actual knowledge, (b) any 1;tnviT0Gd ntal Codiition, Winding but not linlitcd to, my spilling. lealdng, discharge, release or throat of release of any Hazardous Subeterice, and (c) any condition catized by the Pry use or roleaso of a Hazudoas Substsaw which aidversely, aflfW3 the value of the Property, If BWower jean by any vemmental or r ay ap?mty or vaft th or is notified ?Y Pri Party. that any removal or other retnediation o Ferne" f any ous Subw nteo the property Is , Borrower shall ly take all necessary actions is aocoa?dwtfoe with 1?nvironmc t d Law othing herein s any obligation on I.rndar for an Bavb=vnenW CUnnup. NON-UNIBORMCOVENANTS. Borrower sod Lender further covenant and agree as follows: IL Afteleraden; Remedial. Lcadw than give notice to Borrower pprior to acceleration following Rarrower s brow* or any ;covenant or agre anent in this Sec?frity ratnemeat (bat not prior to aoodtnftlen under Sectleai IS artless Applicable Law provides odoWwW Leader sba notify Bm+ower of, amsng other things: (a the ddault; (b) the scam r"bed is erne the the ddaa# neat be cured; and (t) that failtse to cure the default as s ay (c) when &e*0W8dto of the sums secured by this Seta ' ins Pfd may result in $ane of the li?repeaty. !,ender, 00 farther inform Horrow he right to by judicial Proceeding cad and the mitt to town in the ipralosprc pro ptdin the s e rt?ttafter lt or any %ther detatse of borrower to scede ntioo and foredoenrw 11dw default Is not curW as spadned, Leader at its Sow my r"UhV immounte payment in TOO of all suns secured by this Security Iastrament MOM der demand Ana may foreclose this Security I ntrutnent by fadlCW Lender AM be eutltled to echoer all expenses incurred In panning the remedies iPt'''Sedlon 22, inet?, but not limited to, at'torneys' fees and costs of title ev[denet to the extent AppK able Law. petenitted by 23. Release. Upon psyufmt of all sum soetired by this SectWty brbjrtunCit. this Security Instrument and the estaoc eonvcyod "ll tpttniOW sad become vold AAcr such oecurre M Lender shalt discharge and satisfy this Secorhty Instrumem. Borrower shall pay any recordation costs. Lender ray cl,Vgc Borrower a foe for releasing this Security lnatrt nun(. but only if the trC is mid to a third ?+rlv fur services rergkM d 094 the Chatjng of the toe is permitted under AppltCablc Law. • 24. Ws very. Borrower, i to the Waeot ttod defects in emcee 1- V to eaforoe this Security lnstrut? &W cable hereby await the benefit any p nor or future lawi ovidh* fo stay of execution, extension of time, exemption from Attachment, ?y and `sale 25- Rettafenteeaeut Period. Bot7owces time to transtate provided in Section 19 shall extend to one hour prior to the cornmenoment of bidding at a sheriffs sale or other sale pursuant to this rscC%Wity lnstruaamt. 2C Porthasc Money Mortgage. if any of the debt secured by this Security instrument is lent to Borrower to acquire title to the Property, this Soctirity butrunmit shall be $ purchase gam 27. Interest Rate After Judgment Borrower agrees the the interest rate money mortge. cttemd on the Note or in an ;action of mortgage foreclosure $11ail be the rate p y? A from a 1? t is under' the Note. payable from time to ti• 5700621090 5700621090 VMP«-5A(PA)lo5otla2 Paw +.«Ia Fenn 3039 1101 JUN-09-2009 12:05 HOMESALE SETTLEMENT SVS 717 509 4236 P.016 I i I BY SIGNING BEL0% 8mower accepts and agrees to the term gad CO,,Cmmts wnmi,.d in this $muity In1$ft= an and in any Rider executed by Borrower and rmordW with it. i Witnessae_ ? TOD M. Rs]ri7oII s ( ') •1lOrr-ler i (om) i (SWO (sue) .SOrrower •Horrower (S-W) _ (Scal) •bormwer -Borrower (Seal) i -Norrowcr (SW) -Borrower 5700621090 VM P a-$A(PA) tom) oz Paps 1S or 16 5700621090 Form 3039 1101 JUN-09-2009 12:05 HOMESALE SETTLEMENT SVS COMMONWEALTH OF PENNSYLVANIA, LANCASTER On thi* the 3xst day of October, 2007 urklert iped offices, Personally Appeared TOD X. REYNOLDS 717 509 4236 County ss: P.017 . befom me. dw saRisfaetority prove) to be the whose n known to me (or Pin s a) anWs) is/arc subscribed to the within instrument and arknoMhodged chat hte/tiWdwy atecutcd the mm for the purposes herein oontanw& CN WrMESS WHEREOF, J hereunto set my hand and official seal. My Co nn ission Expires: rtDItWEALTN OF PEN SY vAMA (OTARIAI.SEAI 10001. mxP NO" PueuC t'eIC>tttootfutaAS>ER M wComm" MW r 1h Tit+V of Ofrccr Certirmftte of Residegce J:H CIO hereby cc:tify that A? \i I1. T.w:? 1/N .\...i, .... M'7/ witness my h>ana this 31et day of Oetobar, 2007 Agent of Mortg?Oee 5700621090 i ? 5700621090 rnit.ai: VY P o-6A(PA) rosoap2 Plgc 16 A I G Fo?M 3 039 1101 12:05 HOMESALE SETTLEMENT SVS 717 509 4236 P.018 1-4 ]FAMILY RIDER (Assignment of Rents) I THIS 1.4 FAMILY Ri01R is made this 33.ae day of October, 2007 and 13 incorporated into and Shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to F=T= » (the "Lender") of the same date and covering the Property described in the Security instrument and located at: 316 somm Rx= srnttt?ss, NEMAnY42911IIRG, PA 19050 I (Property Address) 1-4 Security Inlment,Borrrrower and Lender further covenantaand and agreements made In the agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SISCURITY INSTRUMENT. In addition to the haced t?tho ibed in the Security Instrument, the following items now or hereafter to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located In, on, or used, or Intended to be used in connacton with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light. fire prevention and extinguishing apparatus, security and access control apparatus, tubs, water heete* water closets, sinks, ranges. stoves, refrigerators. dihwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, iattaiahed mirrors, cabinets, paneling and attached floor coverings. all of which, Including replacements and additions thereto, shell be deemed to be and remain a part of the Property covered by the Security Instrument, All of the foregoing together with the Property described in, the Security Instrument (or the leasehold estate if he Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW, Borrower shall not seek, agree to or maKe a cnsngge in the use of tpe rropeny or its zoning Crass,rrcauon, uniess txnaer nas agreed in wrhing to the change. Borrower shall comply with all laws. ordinances, regulations and requirements of any governmental body applicable to the Property, C. SUBORDINATE UENS. 6xCept as permitted by federal law. Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. otshal maintain insuran addit on tothe ot?h?ds foCwhich insuraance sl required by Section 5egeinst rent loss in 5?00621090 MULTISTATE 1-4 FAMILY! MDER- Fannie Maa/FnWdle Mac UNIFORM INSTRUMENT 621090 Form 3170 1101 Wolters Kluwer Fwancdal Sorvicss VMPs "67R (0411 ?.01 Page 1 of 3 nitials:TAg HOMESALE SETTLEMENT SVS 717 509 4236 P.019 I E "BORROWER'S mur, t TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWERS OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default. Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, lender shall have the right to modify. extend or terminate the existing leases and to execute new leases. In Lenders sole discretion. As used inl this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a easchdid. N. ASSIGNMENT OFI RENTS; APPOINTMENT OF RECBVEI% LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("fients") of the Property. regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lenders agents to collect the Bents, and agrees that each tenant of the Property shall pay the Rents to Lender or lender's agents, However. Borrower shag receive the Rents until; (1) Lender has gpiven Borrower notice of default pursuant to Section 22 of the Securfty. Instrument, and (g) Lender has given notice to the tenant(s) than the Rents are to be paid to Lender or Lender s agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If -Lender gives notice of default to Borrower: (1) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; 01) Lender shall be entitled to collect and receive all of the Rants Of the Property; (W) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lenders agents upon Lenders written demend to the tenant; (iv) unless applicsble low provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to Ithe costs of taking control of and Managimg the Property and collecting thhe Dents, including, but not limited to, attorney's fees, receivers fees. premiums on receivers bonds, repair and maintenance costs, insurance premiums. taxes, assessments and other charges on the Property, and then to the sums secured the Security Instrument; (v) Lender. Lender's agents or any judicially appointed receiver shall be gable to account for only those Rants actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and coaect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security- If the Rents of the Property we not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become pndebtedness of Borrower to Lender secured by the Security instrument pursuant to Section y. Borrower represe nt and warrants that Borrower has not executed any prior assignment of the Rants and performed, and will not perform, any act that would prevent Lender from exercising its rights under this reph. Lender. or Lenders agents or a lu4ndl ally appointed receiver, shall not be required to enter upon, take control of or I maintain Property before or after giving notice of default to Borrower. However, Lender, or Lenders agents or a judicially rated receiver. may do so at any time when a default occurs. Any application of Raits not cure or wane any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when Al the sums secured by the Security Instrument are paid in full. 1. CROSS-DEFAULT I PROVISION. Borrower's default or breach under any note or agreement M which Lender has an interest shall be a breach under the Security instrument and Lender may invoke arty of the remedies permitted by the Security Instrument. 5700621090 I 5700621090 Initials: ?j* V M P 0 -57R (0411).01 Page 2 of 3 Form 31 TO 1101 JUN-09-2009 12:05 HOMESALE SETTLEMENT SVS 717 509 4236 P.020 BY SIGNING BELOW,! Sorrower acoepts and agrees to the terms and covenants contained in this 1-4 Family Rider. I (Seal) TOD M. RRM S i -Borrower -Borrower -Borrower -Borrower I (Seal) -Borrower (Seal) -Borrower (seal) -Borrower _ - (mil) -Borrower 5700621090 VMPO-57R fA4111 Al pno0 3 of 3 5700521090 Form 3170 1101 JUN-09-2009 12:05 HOMESALE SETTLEMENT SVS 717 509 4236 P.021 FIXED/.A?DJUSTABLE RATE RIDER 1 (Ode-Year TrMary lnd x - Rate Capel THIS FIX6D/ADJU$TABL.E RA'T'E WDER is made this 31st day of October, 2007 and is incorporated into and shall be deemed to amend and supplement the mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") Ito secure Borrower's Fixed/Adjustable Rate Note (the *Note) to FMTON BAW ("Lender) of the some die and covering the property described in the Security Instrument and located at: 316 SOW= =014 ST1t8BT lUCHANICBBUM. FA 17050 [Property Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWEWS FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE THE NOTE LIMITS THE AMOUNT BORROWErIS ADJUSTABLE INT9111EST RATE CAN CHANCE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenents and agreements made in the Sewi ty lnstrumervt, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for! an initial fixed interest rate of 6.750 %. The Note also provides for a ;change in the initial fixed rate to an adjustable interest rate, as follows: 1 4. ADJUSTABLE ilwiri iy RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of Nagy, 2015 levery and the adjustable interest rate 1 will pay may change on that day 12th month thereafter. The date on which my initial fixed Interest rate changes to an adjustable interest rate, and each date on which my adjustable •.. V. (.y1 rM.M VVVIV VhW lal., IJ VJ%V IIV..?V (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index.' j $700621090 ' 5700621090 MULTISTATE FIXEAIADJUSTAB.E RATE RIDER - ONE-YEAR TREASURY INDEX - Single Family - Faa nie Mae UnIfonn Instrument 3182 Wolters Kluwer Financial Services VMP+-S43R (0405).01 Page I of 4 Initisls:rq Irl JUN-09-2009 12:05 HOMESALE SETTLEMENT SVS 717 509 4236 P.022 If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable Information. The Note Holder wip give me notice of this choice. (C) Calcubtion of Changes Before each Change Date. the Note Holder will calculate my new interest rate by adding Tbxee and oao quarter! percentage points ( 3.2501 %) to the Current Index. The Note Holier will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%)_ Subject to the limits stated In Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date In full on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation wpl be thelnew amount of my monthly payment. (D) Lhnits on Interest Rate Changes The interest rate I arq required to pay at the first Change Date will not be greater than 11.750 %lor less than 3.250 %. Thereafter, my adjustable interest rate will never be Increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months. My Interest rate will never be greater than 11.750 96. (E) Effeaive Dice of Changes My new Interest ratelwill become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of riy monthly payment changes again. (F) Notice of Chang" The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information! required by law to be given to me and also the title and telephone number of a person who wip answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A 8WERCIAL INTEREST IN BORROWER A 1Iw421 ?rrw... west 'n1 :and :..a .....tea ---c char; i?V .. .r..? y i..1:y....Ja..L.iw 'r.awr.?.a r... .. .. J... • V.. •.1 Div V•. V. ?. H.?W MV.I NIV. r.VVt. ?.• I.a VJ y??{AV1V 1.I. V.VV• •V•V v..V V• the terms stated in Section A above. Uniform Covenant 18 of the Security instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1$. a Interest) in the Property" means any legal or beneficial interest in the Property. including, but- not limited to, those beneficial interests transferred in a bond for deed, contract for deed, 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 full of all sums secured by this Security Instrument. 5700621090 5900621090 Initials: VMP m$43R (0405).01 Page 2 of 4 Form 3182 1/01 JUN-09-2009 12:06 HOMESALE SETTLEMENT SVS 717 5C9 42?b Y.UGJ i However, this option (shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is given inlaccordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's linitial fixed interest rate changes to an adjustable interest rate under the terms stated In Section A above, Uniform Covenant 18 of the Security instrument described in Section B1 above shall then cease to be in effect, and the provisions of Uniform Covenant IS of the Security Instrument shall be amended to read ae follows: Trwisfer of the Property or a Beneficial! Interest in Borrower. As used In this Section 18. "Interest) in the Property' means any legal or beneficial Interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, eontreet for deed, 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 full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to gender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee u..? z VV„4?10en •V ' I--- v...ru:::rviiv Cr ,*" may .Vy''•v 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 I Instrument. Borrower will continue to be obilgeted under the Note and this Security Instrument unless Lender roWeses Borrower in writing. If Lender exercises the option to require Immediate payment in full, Lender shall give Borrower notice of soceleration. The notice shell provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expWation of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 5700621090 5700621090 Initials: VMP e-843R (0405).01 Page 3 of 4 Form 3182 1101 JUN-09-2009 12:06 HOMESALE SETTLEMENT SVS 717 bVy 4Z3b Y. VG4 BY SIGNING BELOW, (Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable, Rate Rider. i ? '; Cool (seal) AS6181) TOD X. R$YNpI.DS -Borrower -Borrower i (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower i 43orrower i 5700621090 VMPe.$43R (040510 1 Ponrn 4 of 4 - (111*01) -Borrower - (Seal) -Borrower 5700621090 Form 3182 1/01 JUN-09-2009 12:06 HOMESALE SETTLEME14T SUS Y1Y bv?J 4? a r.JGO ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, county of !Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: SECINNING at a point on the western line of South High Street, said point being measured eighty (80.00) feet in a northerly direction from the intersection of the western line of South High Street with the northern line of West Coover Street; said point also being at the south-eastern corner of Lot No. 31 on the general plan of lots as laid out by the heirs of John Coover; thence continuing along the western line of South High Street in a southerly direction, a distance of eighty (80.00) feet to a point at the intersection of the western line of South High Street and the northern line of West Coover Street; thence continuing along the northern line of west Coover street in a westerly direction a diAt.nnce of one hundred thirty-seven (137.00) feet to a point a. the eastern line of Cedar Alley, thence continuing along the eastern line of Cedar Alley in a northerly direction a distance of seventy (70.00) feet to a point at the line of Lot #31 on the aforesaidlPlan; thence containing along said Lot #31 in an easterly direction, a distance of one hundred thirty-seven (137.00) feet to a point in the western line of South High Street. the place of BEUNNING, BEING Lots i33 and 035 I the general plan of lots as laid out by the heirs of John Coover and having erected thereon an 2 Y. story frame dwelling house and other buildings, said property being ]mown and numbered as 316 South High Street, Mechanicsburg, Pennsylvania. BEINC THE SAME PREMISES which George H. Craker III and Lyn C.raker, Husband and Wife, by deed dated October 31, 2007 and intended for immediate recording in the office of the Recorder cif Deeds in and for Cumberland County, Pennsylvania, granted and conveyed untI Tod M. lieynolds, Adult individual- JUN-09-2009 12:06 HOMESALE SETTLEMENT SVS ROBERT P. MGLER RECORDER Off' DEEDS CUMBERLAND:COUNTY 1 COURTHOUSE SQUARE CA,RMLF, Pk 17013 717-240-6370 717 5C? 42" 3b k. U6b Instrument Number - 20074148 Recorded On 11/1/2007 At 1O:Z3:20 AM "Torsi Pages - 25 *Ind.. ment Type - MORTGAGE Invoice Number - 7932 User W - MBL * Mortgator - REYNOLDS, TOD Mor4n" - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - SELECT TRANSFER INC «7ESB STA= WjtzT TAX $0.50 STATE JCS/ACCZSS TO $10.00 JUSTICE MCONDING k'ERS - !$51.50 RgCO'RDER or DZZDS AwroxDA= NOOSING $11.50 coot= ANC91vu mm I $2.00 ROD ARCHIVES FEE i $3.00 TOTAL PAID ;$78.50 Certification Page DO NOT DE'T'ACH This page is now part of this legal document. I Certify this to be recorded ! in Cumberland County PA RECORDER OED • - infortnndoa denoted by an aswink may cYaegs daring the varirkatioe proms and may not be rdlectcd oa thie pomm 11116111 TOTAL P.026 Tax Map N 20-240787114 Prepared by and Return to: FULTON BANK 2747 CENTURY BLVD WYOMISSING, PA 19610 Attn: Frank Noll (Space Above This Line For Recording Data) NOTE AND MORTGAGE MODIFICATION AGREEMENT This Note and Mortgage Modification Agreement ("Agreement") is made this 14th day of February, 2008 by and between TOD M. REYNOLDS ("Borrowers"), and Mortgage Electronic Registration Systems Inc.as nominee for FULTON BANK ("Lender"). Background Borrower executed and delivered to Lender Borrower's Note (the "Note") dated October 3l, 2007 in the original principal amount of $144,800.00. The Note is secured by a Mortgage (the "Security Instrument"), dated the same date as the Note and recorded in the Office of the Recorder of Deeds in and for CUMBERLAND County on November 01, 2007 in Book/instrument # 200741482, page 200741482,which covers the real and personal property described in the Security Instrument and defined therein as the "Property," located at 316 SOUTH HIGH STREET , MECHANICSBURG, PA 17050. As of February 14, 2008, the principal amount payable under the Note and the Security Instrument is $144,800.00, consisting of the amount lent to Borrower by Lender and any interest capitalized to date. The Borrower and the Lender now desire to amend the Note and the Security Instrument to, change the date of the first regular payment of principal and interest from June 01, 2008 to be due on April 01, 2008 Agreement In consideration of the mutual promises and agreements exchanged and intending to be legally bound, the parties hereto agree as follows: 1. Payments. The Note shall be amended by deleting Subsections (A) and (B) of Section 3 (relating to the Time and Place of Payments) of the Note in their entirety, and substituting in their place: ARM to ARM No Rate Change.doc 5/2006 ]F) J.L1Jtl1 "(A) Time and Place of Payments. I will pay principal and interest by making a payment every month. 1 will make my monthly payments on the first day of each month beginning April 01, 2008. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on March 01, 2038, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ONE PENN SQUARE, LANCASTER, PA, 17602 or at a different place if required by the Note Holder. (B) Amount of My Initial Payments. Each of my initial payments will be in the amount of U.S. $939.17. This amount may change." 2. Construction Loan Addendum. The Note shall be amended by deleting in their entirety all provisions set forth in the Addendum to Adjustable Rate Mortgage Note Construction Loan. 3. Limits on Interest Rate Changes. The Note shall be amended by deleting Subsections A (relating to the Adjustable Interest Rate and Monthly Payment Changes) of the Note in their entirety and substituting in its place the followings: (A) Change Date: The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of March 01, 2015 and the adjustable interest rate I will pay may change on that day every 12th month thereafter 4. Maturity Date in Security Instrument. The Security Instrument shall be amended to retain the date "March 01, 2038 " which appears in Subsection (D) of the unnumbered section of the Security Instrument titled "Definitions". 5. Fixed/Adjustable Rate Rider. The Security Instrument shall be amended to the numerical amount "$144,800.00 " which appears in Subsection A (relating to Interest Rate and Monthly Payment Changes) of the unnumbered section of the Fixed/Adjustable Rate Rider to the Security Instrument." 6. Fixed Adjustable Rate Rider. The Security Instrument shall be amended to change as follows: The initial fixed interest rate will change to an adjustable interest rate on the first day of March 01, 2015 and the adjustable interest rate may change on that day every 12th month thereafter. 7. Continuing Effect. Effective Date. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and the Borrower and Lender will be bound by, and comply with all of the terms and provisions thereof, as amended by this Agreement. This Agreement shall be effective as of February 14, 2008. 3 I By: (SEAL) ?yN {SEAL) TOD M. REYNOL (Borrower) FULTON BANK (Borrower) i I August 19, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is Provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the Droaram works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Reynolds, Tod M PROPERTY ADDRESS: 316 S High St, Mechanicsburg, PA 17050 MAILING ADDRESS: 354 Mayfield St, Harrisburg, PA 17109-1708 LOAN ACCT. NO.: 5700621090 ORIGINAL LENDER: Fulton Bank CURRENT LENDER/SERVICER: Fulton Bank PROPERTY LOCATED AT: 316 S High St, Mechanicsburg, PA 17050 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. 2 EXH D It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 316 S High St, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MORTGAGE PAYMENTS FROM 06/01/2008 THROUGH 08/01/2008 and are currently past due for the following amounts: Total Payment Amount: $3,533.79 Accumulated late/other charges: $140.85 Accumulated attorney fees: $0.00 TOTAL AMOUNT PAST DUE: $3,674.64 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,674.64, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ATTN: Doug Heffner Fulton Bank P. O. Box 4887 Lancaster, PA 17604 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yQu still have the right to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale. You may do so by pang the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you 4 wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank Address: P. O. Box 4887, Lancaster PA 17604 Phone Number: (610) 898-8333 Fax Number: (610) 208-8602 Contact Person: Doug Heffner EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 5 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Z (? ;2 141- Doug Heffner Authorized Representative Fulton Bank Certified and Regular Mail 6 THE FOLLOWING LIST CONSISTS OF THOSE COUNSELING AGENCIES WITHIN THE CHESTER COUNTY AREA. PLEASE CONTACT THEM FOR ASSISTANCE Acorn Housing Corporation 846 North Broad Street Philadelphia, PA 19130 215.765.1221 American Credit Counseling Institute 21 South Church Street West Chester, PA 19380 888.212.6741 American Credit Counseling Institute 845 Coates Street Coatesville, PA 19320 888.212.6741 CCCS of Delaware Valley Suite 170, Marshall Building 790 E. Market St. West Chester, PA 19382 215.563.5665 Chester Community Improvement Project PO Box 541 412 Avenue of the States Chester, PA 19016 610.876.8663 Diversified Community Services American Financial Counseling Services 175 Strafford Avenue, Suite One Wayne, PA 19087 267.228.7903 800.490.3039 American Red Cross of Chester 1729 Edgemont Avenue Chester, PA 19013 610.874.1484 APM 2147 North Sixth Street Philadelphia, PA 19122 215.235.6788 Budget Counseling Center 247 North Fifth Street Reading, PA 19601 610.375.7866 Carroll Park Community Council, Inc. 5218 Master Street Philadelphia, PA 19131 215.877.1157 Dixon House 1920 South 20th Street Philadelphia, PA 19145 215.336.3511 FOB CDC 1201 West Olney Avenue Phialdelphia, PA 19141 215.549.8755 Germantown Settlement 5538 Wayne Avenue Philadelphia, PA 19144 Bldg C 215.849.3104 HACE 2nd Fl 167 W. Allegheny Avenue Philadelphia, PA 19140 215.426.8025 Housing Partnership of Chester County 41 West Lancaster Ave Downingtown, PA 19335 610.518.1522 7 L Media Fellowship House 302 South Jackson Street Media, PA 19063 610.565.0434 Northwest Counseling Service 5001 North Broad Street Philadelphia, PA 19141 215.324.7500 Phila Council For Community Advmnt Suite 600 100 North 17th Street Philadelphia, PA 19103 215.567.7803 800.930.4663 Tabor Community Services, Inc. 308 E King Street Lancaster, PA 17602 Suite 1 717.397.5182 800.788.5062 Urban League of Philadelphia 1818 Market Street Philadelphia, PA 19103 20th Floor 215.561.6070 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 8 Act 91 Letter - dated 08/19/08 7005 1820 0002 2701 2579 ACT 91 LETTER CERTIFIED MAILING Reynolds, Tod M / 5700621090 I?' rl- ul ru r-q 0 f` ru h SSE Postage i $ M C3 Certified Fee C7 M Return Receipt Fee (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) co H Totai Postage & Fees I $ 0 6 Tod M Reynolds 0 354 Mayfield St or Harrisburg, PA 17109-1708 ci Po Here ! 46/ W O I"'11"11'11"'I'I"I"I"II""1!"III"IIIIII II'11!' ` AE-O''u-!_0650-6TbZM 9TZbS9S?SOLT ZbeS-S504T Va ?an6SOxNti1-ice IS H01H S W O014S0"10h? S aPOW M3N JO U30NMS AJ 3- WON A ? Z z ? Z O n i4 P. H _ m 00 V C A _ 0 D -m1 4 MCC ? a) rz;u J MO Z ONO m 3 µ >E TImm A MOz y to 3) A u o A 0 FJ F' 0 1 ? 0 0 c X 0 X co -< 11 rn G) r- Z 00 -V D >U) r- --j 0 O CD ? R o? N 0 C3 Ln -- L? 03 ru 0 0 0 0 ru ru -J a L-j rU In ;0 to N d N CD CZSL L 31300diZ W08A (1311VVi r sC Z c i zmv t7Z06£Zvop odif-90 $ ? zo `.. ill'H)ti A3Nlld 2?2€65!l0.81 C yL. $. 01"A6Z.- :e4 E 4a0d sso`0 0 FILE '-0'rTICF. OF THE F , ^-HONOTARY 2009 JUN 12 PM 12'. 43 cuA t-"? COUNTY .418.50 PAD ATr/ 00 ga4a8 U4 '261u &58 Sheriffs Office of Cumberland County R Thomas Kline IV et C-Itwt' f? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy CIFFICE o= SRiFF Civil Process Sergeant Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc Case Number vs. Tod M. Reynolds 2009-3903 SHERIFF'S RETURN OF SERVICE 06/15/2009 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: Tod M. Reynolds, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 06/18/2009 Dauphin County Return: And now, June 18, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Tod M. Reynolds the defendant named in the within Complaint and that I am unable to find her in the County of Dauphin and therefore return camp NnT Fni INn SHERIFF COST: $37.00 June 23, 2009 Tsa ? l _ lrJ GJ., Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin FULTON BANK ET AL VS TOD M REYNOLDS Sheriff s Return No. 2009-T-1701 OTHER COUNTY NO. 20093903 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for TOD M REYNOLDS the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JUNE 18, 2009. ADDRESS IS VACANT Sworn and subscribed to before me this 18TH day of June, 2009 NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, ez?,- Sheriff o aup ' a. By Deputy S eriff Deputy: G MILLER Sheriffs Costs: $47.25 6/17/2009 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff' Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, Assignee of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., v. TOD M. REYNOLDS, Plaintiff Defendant T OF COMMON PLEAS OF ~ERLAND COUNTY, PENNSYLVANIA ACTION -LAW o. 09-3903 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. BARLEY ~TY~3~R Dated: 1 1 Shawn M. Long, Esquire' Attorneys for Plaintiff Fulton Bank, Assignee of Mortgage Electronic Registrations Systems, Inc. Court I.D. No. 83774 126 E. King Street Lancaster, PA 17603 717.299.5201 2651452-1 0 FI~.E~-a~t`i=1GE c~~ ~~ ~,~ 'r}~ ~,,,^'~~TA~?Y 2fl09 JIfL 22 PI~1 I ~ ! i7 ~~~ '~ ~VJ i'{~~Y r'~t~V 1f~1. $I D . oo PA ATTy ~„~ ~Facogo ~" ,~ta830~ Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~~~»u. of ~rtat~~~~,~~~ 3 ` ~~; 4F~iCfi 3F r~E 9~gaiFfi Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc vs. Tod M. Reynolds Case Number 2009-3903 SHERIFF'S RETURN OF SERVICE 08/04/2009 06:24 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 4, 2009 at 1824 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tod M. Reynolds, by making known unto himself personally, defendant at 316 S. High Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 05, 2009 .,. ~~. •- .~~~ R'~ \1 .Y y-t SO ANSWERS, ~l/~~~ ~~ r„ .....~.-.-. R THOMAS KLINE, SHERIFF D uty Sheriff `STr 'h~ w r~*~t -w.,Q ' St~ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~![ F_~~._,-, _ - Sheriff ~ai;~~ of ~~t~t~b,~~,~ ~` ~`~~ i~' ~ ~ 'r~'~ Jody S Smith "~ ~'~~ Chief De ut Z~ ; " ~'; ~ *_ ~ 2 • ± , P Y u ~ F.,'~ I~: Richard W Stewart Solicitor ~~~ F ,~ ~~c ;..Mt~i~~ G~~ ~ '~Y ~,_ ~ r Fulton Bank, Assignee of Mortgage Electronic vs. Tod M. Reynolds Case Number 2009-3903 SHERIFF'S RETURN OF SERVICE 04/01/2010 06:20 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1820 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 Tod M. Reynolds, located at 316 S. High Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/01/2010 06:20 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1820 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: tod M. Reynolds, by making known unto, Tod M. Reynolds, personally, at 316 S. High Street, Mechanicsburg, Cumberland County, Pennsylvania it; contents and at the same time handing to him personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Shawn M. Long, on behalf of Fulton Bank, N.A., being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ $ 968.15 07/09/2010 Deed recorded 07-09-10. SHERIFF COST: $968.15 SO ANSWERS, /~ July 09, 2010 RON R ANDERSON, SHERIFF t/g .OCR Pd'• ~ a -off ~~ ~ . ~~ ~ ~~ia~ ;ci GcurrySutte Shen`;4. Teiaasoft, hu- P,7-'/L ~~~ ~~/~ ~ , BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FULTON BANK, Assignee of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., OURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA IVIL ACTION -LAW Plaintiff ~No. 09-3903 Civil Term v. TOD M. REYNOLDS, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc., 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 316 S. High Street, Cumberland, Pennsylvania 17055. 1. Name and address of owner(s) or reputed owner(s): Tod M. Reynolds 316 S. High Street Mechanicsburg, PA 17055 2715233-1 ~ . 2. Name and address of defendant(s) in the judgment: Tod M. Reynolds 316 S. High Street Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. One Penn Square P. O. Box 4887 Lancaster, PA 17604 4. Name and address of the last recorded holder of every mortgage of record: Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. One Penn Square P. O. Box 4887 Lancaster, PA 17604 5. Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. 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: Cumberland County Tax Claims Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 2715233-I Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 271233-1 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~~ ~~ -- ~ /~. awn M. L g, E quire Plaintiff s Attorney Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602-2893 (717) 299-5201 . _~ 2715233-I ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of South High Street, said point being measured eighty (80.00) feet in a northerly direction from the intersection of the western line of South High Street with the northern line of West Coover Street; said point also being at the south-eastern corner of Lot No. 31 on the general plan of lots as laid out by the heirs of John Coover; thence continuing along the western line of South High Street in a southerly direction, a distance of eighty (80.00) feet to a point at the intersection of the western line of South High Street and the northern line of West Coover Street; thence continuing along the northern line of West Coover Street in a westerly direction a distance of one hundred thirty-seven (137.00) feet to a point at the eastern line of Cedar Alley; thence continuing along the eastern line of Cedar Alley in a northerly direction a distance of seventy (70.00) feet to a point at the line of Lot #31 on the aforesaid plan; thence containing along said Lot #31 in an easterly direction, a distance of one hundred thirty-seven (137.00) feet to a point in the western line of South High Street, the place of BEGINNING. BEING Lots #33 and #35 on the general plan of lots as laid out by the heirs of John Coover and having erected thereon an 2 '/z story frame dwelling house and other buildings, said property being known and numbered as 316 South High Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which George H. Craker, III and Lynn L. Craker, husband and wife, by deed dated October 31, 2007 and recorded November 1, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 200741481, granted and conveyed unto Tod M. Reynolds. SEIZED IN EXECUTION as the property of Tod M. Reynolds on Judgment No. 09-3903 Civil Term. z~~sz~2-~ ~` + It BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. FUI.TON BANK, Assignee of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff v. TOD M. REYNOLDS, OURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA IVIL ACTION -LAW o. 09-3903 Civil Term Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tod M. Reynolds 316 S. High Street Mechanicsburg, PA 17055 Your house (real estate) at 316 S. High Street, Mechanicsburg, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffls Sale on June 2, 2010 at 10:00 a.m., by the office of the Cumberland County Sheriff in the Cumberland County Courthouse, 1 Courthouse Square, 271233-I Carlisle, Pennsylvania 17013 to enforce the court judgment of $155,217.24 obtained by Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc., against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Fulton Bank, Assignee of Mortgage Electronic Registration Systems, Inc. (the amount of the judgment plus costs)(the back pa}~ments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. You may be 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert vour rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out 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. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (888) 697- 0371 ext. 6390. 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. The sale will go through only if the buyer pays the Sheriff the full amount due in 2715233-i the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (888) 697-0371 ext. 6390. 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. S. 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 ma}' bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about July 2, 2010. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after July 2, 2010. 7. You may also have other rights and defenses, or wavs of getting your house 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. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 2715233-1 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of South High Street, said point being measured eighty (80.00) feet in a northerly direction from the intersection of the western line of South High Street with the northern line of West Coover Street; said point also being at the south-eastern corner of Lot No. 31 on the general plan of lots as laid out by the heirs of John Coover; thence continuing along the western line of South High Street in a southerly direction, a distance of eighty (80.00) feet to a point at the intersection of the western line of South High Street and the northern line of West Coover Street; thence continuing along the northern line of West Coover Street in a westerly direction a distance of one hundred thirty-seven (137.00) feet to a point at the eastern line of Cedar Alley; thence continuing along the eastern line of Cedar Alley in a northerly direction a distance of seventy (70.00) feet to a point at the line of Lot #31 on the aforesaid plan; thence containing along said Lot #31 in an easterly direction, a distance of one hundred thirty-seven (137.00) feet to a point in the western line of South High Street, the place of BEGINNING. BEING Lots #33 and #35 on the general plan of lots as laid out by the heirs of John Coover and having erected thereon an 2 '/2 story frame dwelling house and other buildings, said property being known and numbered as 316 South High Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which George H. Craker, III and Lynn L. Craker, husband and wife, by deed dated October 31, 2007 and recorded November 1, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Instrument No. 200741481, granted and conveyed unto Tod M. Reynolds. SEIZED IN EXECUTION as the property of Tod M. Reynolds on Judgment No. 09-3903 Civil Term. z~tsz~z-i • ~ WRIT OF EXECUTION and/or ATTACHMENT CCSMMONWEALTH OF PENNSYLVANIA) NO 09-3903 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK, Assignee of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TOD M. REYNOLDS (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 $155,217.24 L.L. $.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $203.00 Other Costs Plaintiff Paid Date: 12/22/09 C~I.~tX-Q-a l~- Curtis .Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SHAWN M. LONG, ESQUIRE Address: BARLEY SNYDER LLC 126 EAST KING STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 7l 7-299-5201 Supreme Court ID No. 83774 ~ ~ ~_~ ~ w ,; . ~= ~n March 22, 2010 the Sheriff levied upon the :_A_i fl~fendant's interest in the real property situated in Li _ CJ r ~ Lt.t ~~ ] ~ G.] `- ' ` Mechanicsburg Borough, Cumberland County, PA, ~, Known and numbered as, 316 S. High Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: _ C~~ ~;~~~ Real Estate Coordinator 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: April 16, April 23, and Apri130, 2010 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. ---- isa Marie Coyne, itor S TO AND SUBSCRIBED before me this 30 da of Aril 2010 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80ROUGli, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ lio. 2009-3903 Civil ~zlton Bank, Assignee of Mortgage Electronic Systems, Inc. vs. Tod M. Reynolds Atty: Shawn M. Long ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Mechanicsburg, County of Cumber- land and Commonwealth of Penn- sylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of South High Street, said point being measured eighty (80.00) feet in a northerly direction from the intersection of the western line of South High Street with the northern line of West Coover Street; said point also being at the south- eastern corner of Lot No. 31 on the general plan of lots as laid out by the heirs of John Coover; thence continuing along the western line of South High Street in a southerly direction, a distance of eighty (80.00) feet to a point at the intersection of the western line of South High Street and the northern line of West Coover Street; thence continuing along the northern line of West Coover Street in a westerly direction a distance of one hundred thirty-seven (137.00) feet to a point at the eastern line of Cedar Alley; thence continuing along the eastern line of Cedar Alley in a northerly direction a distance of seventy (70.UU) feet to a point at the line of Lot #31 on the aforesaid plan; thence containing along said Lot #31 in an easterly direction, a distance of one hundred thirty-seven (137.00) feet to a point in the western line of South High Street, the place of BEGINNING. BEING Lots #33 and #35 on the general plan of lots as laid out by the heirs of John Coover and having erected thereon an 2 1 /2 story frame dwelling house and other buildings, said property being known and numbered as 316 South High Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which George H. Craker, III and Lynn L. Craker, husband and wife, by deed dated October 31, 2007 and recorded November 1, 2007 in the Office of the Recorder of Deeds in and for Cumber- landCounty, Pennsylvania in Instru- ment No. 200741481, granted and conveyed unto Tod M. Reynolds. SEIZED IN EXECUTION as the property of Tod M. Reynolds on Judg- ment No. 09-3903 Civil. k • ----The Patriot-Neenrs Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~e~latriot-News NOw you knOW 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 Marianne Miller, 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: 04/16/10 04/23110 . .1/. N/.vFO•I/•/•/• •V. . Sworn to ~Ifjd~;?!ubscribed before me ,/ Notary Public 18~y of May, 2010 A.D. COMMONWEALTH OF PENNSYLVANIA NobrNil SAN Sharrl~ L. Klmer, Noteey PubNC Lower Pexton'11Np., Dauphin County My Commisilon Bcplras Nov. 26, 2011 Member, Pennsylvania Association of Notaries 04130/10 ~M~~ ~ ~, - ., 1 Vs. od M.`R~olmi aN• nt)~ °' ~'~: p~ a~ percd, of h~a stta~ie in the BarouBh of h~~; r of Gltmbalaod atd Commmonwaahh of PeonPa!lyaaia, b~}agdad and dcatxibed as foBaws, to w~ B~IVIY~iG: at a point +oe tlto weatriA lion of scan wg>~ stt~, said poi (gppp) feet io a mc~tedy dlua~iAa from: ~, a-so baic~ at Qta sa~eespgsn ao~or of 1.et Na 31 ae the goms~dpiat 4f iota ~ laid a~, by:lhe bars of Jolu Ceiove~t; th~x along dte western ~nedf Soak alt m a . so~a'ly r1"rcecoiod, a dietmee of (80.00)'. feet 6o at.,poi~ ~,tbe ign,,of the weetera Iiaeof Sopol l~h 5tt'e~ and thclioa bleat Coower t4attx ~8'~ aotf6an lice of ~atGoower straain a d~estedy #~~ (131 feet to s poiec;atikeeastam tieeot'Ced~c AlteY;ttieoce` t~eeasumlieeol' c~aufyma aaais~oceof sebenty (70.OR) fiat to a p"o3~ at dx tioe ~ Lot A31 oti theefar'e~dpl~; thGaoe ooltaie~ alopg seidlioiN31 m as aataty dir~ae::tee os ~e lumdred:tl~tty.-sevea (137.00) 4ee1 tb a point: mtheweatan t~aeofSaet~'~lt6t~t; the E~Lce o~B&ii~Ailt~(1. BBQiG Lgts ~3 bald tF35 oa fire paoQrel plan of iota as lai~°a+n 17 the ~ of=John toova aitd having a+e'dd tlMl'SoA'~ Z Z~!ibx~ dwelling ll~~t®ltet'S;`eikd p~M1Y beieg ]eoouvniswY~flaed ~ 3t6'SestEt , Stt+sdt. ~~ ~' . BEIl~f3'~`3~$°P~ wl~'tieq<go H:'Cnker, $J asd Laha l„'L"t'+lt~ tlhit" tilt tt~ }7°~I~MF~~r 3~ ~I ~tlplral~n~~••~n! ~ ;~ ~ ' 110. E~tit COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FULTON BANK is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 22ND day of DEC, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3903, at the suit of FULTON BANK ASSIGNEE OF MTG ELECTRONIC REG SYSTEMS 1NC against TOD M REYNOLDS is duly recorded as Instrument Number 201018446. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / ,7`v ~y , A.D. 2 U l ~ day of Recorder of Deeds