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HomeMy WebLinkAbout09-5861 FOX, ROTHSCHILD LLP BY: EDWARD J. HAVES, ESQUIRE IDENTIFICATION NO. 30243 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PA 19103-3291 (215) 299-2000 JPMORGAN CHASE BANK, N.A. 700 Kansas Lane Monroe, LA 71203-4774 V. AHMAD A. SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and AHMAD SHEKIB SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and RANGIN MUSHGAN MOHAMMADI 1 Graystone Manor Drive Camp Hill, PA 17011 ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 09-5861 Uiv i ( lerm PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a writ of summons in this matter, upz;;?Ir costs only. EDWARD J. HAYES, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street, 10th Floor Philadelphia PA 19103 215-299-2092 Date: August 25, 2009 Q Tx?r u? OF i.? ly 1009 AUG 26 P14, E : 54 ?L_ '^?4? 1 if^-tl VFI ?i *79. So Pp ATT/ Cjr,* 914 6077 P14 olaR8t ;t JPMORGAN CHASE BANK, N.A. 700 Kansas Lane Monroe, LA 71203-4774 V. AHMAD A. SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and AHMAD SHEKIB SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and RANGIN MUSHGAN MOHAMMADI 1 Graystone Manor Drive Camp Hill, PA 17011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : No. 09 - 'SS(o ( a-"i ? Tech SUMMONS TO: AHMAD A. SHARIFI AHMAD SHEKIB SHARIFI RANGIN MUSHGAN MOHAMMADI YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. oT 01* Date: f3 to 0 FOX, ROTHSCHILD LLP BY: EDWARD J. HAVES, ESQUIRE IDENTIFICATION NO. 30243 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PA 19103-3291 (215) 299-2000 JPMORGAN CHASE BANK, N.A. 700 Kansas Lane Monroe, LA 71203-4774 V. AHMAD A. SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and AHMAD SHEKIB SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and RANGIN MUSHGAN MOHAMMADI 1 Graystone Manor Drive Camp Hill, PA 17011 ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 04 58lo I bty i1 Ter&A PRAECIPE TO INDEX AS LIS PENDENS TO THE PROTHONOTARY: Kindly index this action as a lis pendens in favor of Plaintiff and against Defendants, Ahmad A. Sharifi, Ahmad Shekib Sharifi and Rangin Mushgan Mohammadi and their property located at 1 Graystone Manor Drive, Camp Hill, PA 17011, and being more particularly described in Exhibit "A" hereto. I hereby certify that a lien interest in the title to the real estate is :involved. J-? EDWARD J. HAY:ES, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street, 10th Floor Philadelphia PA 10103 215-299-2092 Attorneys for Plaintiff Date: August 25, 2009 N N First American Title Insurance Company Commitment Number. 65538 EXHIBIT A PROPERTY DESCRIPTION The land referred to In this Commitment is described as follows: ALL THAT CERTAIN piece or parcel of land bounded and described in accordance with the Final Subdivision Plan for Greystone Manor Estates, situate in Hampden Township, Cumberland County, Pennsylvania, which Plan was recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book, Page 104, described as follows, to wit: BEGINNING at a point on the western dedicated right-of-way line of Country Side Lane, at the line of land now or formerly of Edward J. Genther, thence along said lane, South 76 degrees 29 minutes 00 seconds Wes; a distance of 100.33 feet to a point at line of Lot No. 2, on the above mentioned Plan of Lots; thence along said Lot No. 2, North 08 degrees 44 minutes 00 seconds West, a distance of 122.62 feet to a point at the southern dedicated right-of-way line of Graystone Manor Drive, by a curve to the right, having a radius of 125 feet, an arc length of 36.65 feet to a point; thence continuing along same, South 85 degrees 13 minutes 19 seconds East, a distance of 43.66 feet to a point; thence by a curve to the right, having a radius of 25 feet, an an; length of 33.37 feet to a point at the western line of Country Side Lane; thence along same, South 08 degrees 44 minutes 00 seconds East, a distance of 76.62 feet to a point, the point and place of BEGINNING. Be the same more or less, but subject to all legal highways. Property Address: 1 Graystone Manor Drive, Camp Hill. PA 17011 Parcel Number. 10-19-1596-234 NOTE: This title paper does not insure the acreage or quantity of (and specified in the above dscdbed legal description. ALTA Convnfterlt (66M.pfd16038N 1) Schedule C OF TH ,, .,r,i?•`1, 2009 AUG 26 N 1: 56 * I4.oo PD ATM cy.:* a4 coop aa9 so Sheriffs Office of Cumberland County R Thomas Kline Sheriff t??,tr of+unt??? Ronny R Anderson ? Chief Deputy -; Jody S Smith Civil Process Sergeant OFTICE OF THE 51,ERIFF Edward L Schorpp Solicitor RLE1_? t „ OF THE E 1T; --)P!()T RY Mg "tP 18 PM Z: 471 JP Morgan Chase Bank, NA vs. Ahmad A. Sharifi SHERIFF'S RETURN OF SERVICE 09/15/2009 09/15/2009 09/15/2009 Case Number 2009-5861 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: Ahmad A. Sharifi, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Ahmad A. Sharifi. The current owner of 1 Graystone Manor Drive Camp Hill, PA 17011 stated they bought the property from the defedant in December 2008. The Camp Hill Postmaster has advised the mail is delivered to address given. An exact address is not available. 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: Ahmad Shekib Sharifi, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Ahmad Shekib Sharifi. The current owner of 1 Graystone Manor Drive Camp Hill, PA 17011 stated they bought the property from the defedant in December 2008. The Camp Hill Postmaster has advised the mail is delivered to address given. An exact address is not available. 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: Rangin Mushgan Mohammadi, but was unable to locate him in his bailiwick. He therefore returns the within Writ of Summons as not found as to the defendant Rangin Mushgan Mohammadi. The current owner of 1 Graystone Manor Drive Camp Hill, PA 17011 stated they bought the property in December 2008. The Camp Hill Postmaster has advised the mail is delivered to address given for the defendant Rangin Mushgan Mohammadi. An exact address is not available. 'In SHERIFF COST: $88.50 September 15, 2009 FOX, ROTHSCHILD LLP BY: EDWARD J. HAYES, ESQUIRE IDENTIFICATION NO. 30243 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PA 19103-3291 X215) 299-2000 JPMORGAN CHASE BANK, N.A. 700 Kansas Lane Monroe, LA 71203-4774 : v. : AHMAD A. SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and : AHMAD SHEKIB SHARIFI 1 Graystone Manor Drive Camp Hill, PA 17011 and RANGIN MUSHGAN MOHAMMADI : 1 Graystone Manor Drive Camp Hill, PA 17011 ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 2009-5861 PRAECIPE TO RE-ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly re-issue the writ of summons in this matter, upon ent o our costs only. EDWARD J. HAYES, ESQUIRE FOX ROTHSCHILD LLP 2000 Market Street,l0th Floor Philadelphia PA 19103 215-299-2092 Date: November 25, 2009 !~ ~i ~~ ;-- ZGO~ i~~` ~0 ~'~° l ~ .'~ 9 ~~j ~~~.~G ~~ f~~1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r- *- a Sheriff , ""T u[ C4„11brr/?,?b t Jody S Smith , Chief Deputy =1 Richard W Stewart - ° 9 F 1 Solicitor OFF FOF'-F JP Morgan Chase Bank, NA Case Number vs. 2009-5861 Ahmad A. Sharifi.(et al.) SHERIFF'S RETURN OF SERVICE 10/04/2011 01:31 PM - Jody Smith, Chief Deputy, who being duly sworn according to law, states that on October 4, 2011 at 1331 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rangin Mushgan Mohammadi, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. loci JODY S. S H, DEPUTY 10/13/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 13, 2011 at 0940 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ahmad Shekib Sharifi. After several attempts The Deputies have been advised Ahmad Shekib Sharifi is residing in Maryland. 10/13/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 13, 2011 at 0940 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ahmad A. Sharifi. After several attempts The Deputies have been advised Ahmad A. Sharifi is residing in Maryland. SHERIFF COST: $90.00 October 13, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF tr,? Ccan`ySuite She..*f 7e?^c ;off. one. - t i ^v ?.~IY [ "y~~iYlef~J~1Aw~`,t- . ~ h, i~ e;r ji„~• L-. i . ` i L 1'r rR' . Ai „ {^~n 7 i t tYt:.`~Lr~a,;i FOX, ROTHSCHILD LLP BY: EDWARD J. HAYES, ESQUIRE IDENTIFICATION NO. 30243 ATTORNEYS FOR PLAINTIFF 2000 MARKET STREET, TWENTIETH FLOOR PHILADELPHIA, PA 19103-3222 (215) 299-2000 JPMORGAN CHASE BANK, N.A. : COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY v. . AHMAD A. SHARIFI and AHMAD SHEKIB : SHARIFI and RANGIN MUSHGAN : MOHAMMADI . No. 2009-5861 STIPULATION It is hereby stipulated by and between Edward J. Hayes, attorney for Plaintiff, and Ahmad A. Sharifi, Ahmad Shekib Sharifi and Rangin Mushgan Mohammadi, pro se, that the Order attached hereto may be entered by the Court. Edward J. Hayes, Esquire ad A. Sharifi, pro se ' Attorney for Plaintiff * ` - Ahmad Shekib Shari i, ro se angi an oh adi, pro se 11 lQ ~l / Date: ! ~ This Deed THIS DEED is made as of the 29t" day of July, in the year Two Thousand and Eight (2008). BETWEEN Ahmad A. Sharifi, Ahmad Shekib Sharifi and Rangin Mushgan Mohammadi, hereinafter called the Grantors, -AND- Ahmad A. Sharifi and Tirsit S. Dejen, his wife, as tenants by the entireties, herein after called the Grantees. WITNESSETH, that in consideration of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey to the Grantees, their Heirs and Assigns, as tenants by the entireties, ALL THAT CERTAIN LOT OR PIECE OF GROUND located in Hampden Township, Cumberland County, Pennsylvania more fully described in Exhibit "A" hereto, which property is known as 1 Graystone Manor Drive, Camp Hill, PA 17011. Being Tax Parcel No. 10-19-1596-234 BEING the same premises which Bonnie Spontak, by deed dated January 25, 2005, and recorded January 27, 2005 in the Office of the Recorder of Deeds of Cumberland County in Book 267, page 1504, granted and conveyed unto Grantors. AND the said Grantors Will Warrant Specially the property hereby conveyed. SUBJECT to such exceptions and reservations as may appear in prior instruments in the chain of title. , TOgetheP with all and singular buildings and improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever ~ ~ of the said Grantors, in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. This deed is intended to replace a deed executed by Grantors in favor of Grantees on July 29, 2008, which deed was lost and never recorded. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals as of the day and year first above written. SIGNED, SEALED AND DELIVERED ON OCTOBER , 2011 IN THE PRESENCE OF: Ahmad A. Sharifi . Ahmad Shekib Sharifi A- ( . angin M an M)adi The precise residence of the above-named Grantees is: 14200 Forbes Place Gainvesville, Virginia 20155 I ; ~ 1/ , STATE OF V~~ y ~N 1` Ok, ) COUNTY OF);~rrXe ~i ll ra ~1 ~ SS: On this, the vAgP- day of October, 2011, before me, the undersigned Notary Public, appeared Ahmad A. Sharifi, who acknowledged himself to be to be the person identified herein and who acknowledged that he executed the foregoing instrument for the purposes therein contained by signing his name. IN WITNESS WHEREOF, I hereunder set my hand and official seal. - LUANN SOCCI RRENATT i NOTARY PUBItG / COMMONWEAt.TFI OF VIRQINIA 1 -,Law MY COMMI$810N EXPIRE6 NOV. 30, 2012 NOt PUbi1C COMMISSION k 284856 ~ STATE OF V f '~S iK /'k ) ) COLJNTY O'~41I'Ic'v SS: 1,(~;1lia r~t ) On this, the a~ day of October, 2011, before me, the undersigned Notary Public, appeared Ahmad Shekib Sharifi, who acknowledged himself to be to be the person identified herein and who acknowledged that he executed the foregoing instrument for the purposes therein contained by signing his name. IN WITNESS WHEREOF, I hereunder set my hand and official seal. LUANN SOCCI wRENATT NOTAqYPUBUC • COMMONWEALT}{ OF VIRCiINIA Q' MY COM OOMMI$ OPN # 264858 201~ Notary Public STATE OF J ) COUNTY 01`0~/'efrCL° 1.0 1 llra SS: On this, the acZL- day of October, 2011, before me, the undersigned Notary Public, I' appeared Rangin Mushgan Mohammadi, who acknowledged herself to be to be the person identified herein and who acknowledged that she executed the foregoing instrument for the I , purposes therein contained by signing her name. IN WITNESS WHEREOF, I hereunder set my hand and official seal. L~~ rure s~; NOTARY P g~ NA7T ~~N~ Notary Public MY C~MO~IWEALT}~LVNO coMMiss~ oc~av COMMIS SIpN p ~ • ~,20t2 . r Firsi American Title Insurance Company Commifinent Number. 65538 EXHIBtT A PROPERTY DESCRIPTION The land referced to in thfs Commitment is described as fdlows: ALL THA'F CERTAIN piece or parcel of land bounded and described in accordance wiihP~e Fg ~~'adWh~ n Plan for Greystone Manor Estates, situate in Hampden Township, Cumberland Couniy, Plan was reoorded in the Offlce of the Recorder of Deeds of Cumberhand County, in Plan Book, Page 194, described as folbws, to wft: ~ BEGINIVING af a point on the westem dedicated right-of-way fine of Country Side l.ane, ai the line of land now or formerly o1 Edward J. Genther, thence abng said lane, Stwth 76 de9ree$ 29 minutes 00 seconds West, a distance of 100.33 feet to a poiM at line of Lot No. 2, on the above mentioned Plan of Lats; thence along said l.ot No. 2. North 08 degrees 44 minutes 00 seoor?ds WesE, a disiance of 12282 feet to a point at the southem dedicated right-0Fway Gne of Graystone Ma?wr Ddm bY a cme to the ?l9ht, having a radius of 125 feet, an aro length of 38.65 feei to a point; ihence continutng along same, SoUth 85 degrees 13 minutes 19 seconds East, a curve len are the ab g sameaiSouth 08 de9rees 44 mn uteS 037 Une of Countty Sfde l.ane; thencehavin 33. feet to a po nt at6the westepoint; seconds East, a distance of 76.62 feet to a point, the point and place of BEGINNINC3. se the same more or less, but subjeci to alt legal highways. property Address' 1 GraysEone Manor Drive, Camp Hill, PA 17011 Parcel Number.10-19-1596-234 NOTE: This tiile paper does not insure the aCreage or quantily of land specified in the above dscribed legal description. (655364)tdl65538f) t) AITA Comrtulment Schedub C Prepared By: PAM WOI:,F RetumTo: JPMORGAN CMSE BANK, N.A. 700 RANSAS LANE MONROE, LA 71203-4774 ATTENTZON: RECORDS & TMAGING MGx MA.IL CODE:LA4-4108 Phone Number: 800-848-9136 Parcel Number; 10191596234 Premises: (Spuce Atrove Th[s Ltnc For [tecardfng Dataj 40431286 MORTGAGE 1404312865 DEFINITIONS Words used in multiple sections of this doLument are defined below and oWer words are defined in Sectioas 3, 11, 13, 18, 20 and 2 L. Certain rules regarding tUe usage of words used in this document are also provided in Section 16, (A) "SecurityInstrament" means this docurnent, wluc6 is dated July 29, 2008 , together vhth a{I Riders to this document. " rrower"is AHMAD A SHARIFI, MARRIED Borrower is ihe mortgagqr under this Security Instrument. (G')"Leuder"Is JPMORGAN CHASE BANK, N. A. PENNSYLVANIA - 5ingle Family - Fannie MaelFreddie Mac UNiFQRM IN57CZUMENT Form 3039 1107 Wnlfarc {(6 VMP6-B(PA)p7oa~ot Pagctdt3 Inklal• 1 , I ~ I ~ . Lender is a BANK organized and exisiing under the laws of the U. S. A. , Lendcr's addi-ess is 1111 POLARI3 PARKWAY COZUMBUS OH 43240 . z.ender is the marcgagee under this Securiry Instrument (D) "Note" means the promissory note signed by Borrower and dated July 29, 2008 . The Note states that Borrower owes Lender Three Hundred Thirty-Fi.ve Thousand, and 00/100 Dollars (U.S. $ 335,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Paymeuts and to pay tue debi in full not later than August 1, 2038 (E) "Property"means the property fhat is described below under the heading "Transfer af Rights in the Praperty." (F) "Loan" means the debt evidenced by the Note, plus inicrest, any prcpaymem charges and late charges due ander the Nate, and ail sums due under this Security Instrument, plus interest. (G) "Riftrs" means alI Riders to this Security Enstrument ihat are executed by Borrower. The following Riders are to be executed by Borrower [check box as appticableJ: ? Adjustable Rate Rider ? Condominium Rider Second Home Rider Balioon Ridcr 0 1'lanned Unit Devclopment Rider H1-4 Family Itider F-I VA Rider 0 Biweekly Paymcnt Ridcr ? Other(s) [specify] (H) "Applieahle LaW" mesns alI control(ing appIicable federa[, state and local statutes, tegulations, ordinances stnd administrative rales and orders (that have the effeci of law) as well as all applicabte final, non-appealable judieial opinions, (n "Community Association Dues, Tees, und Assessments" means atl dves, fees, assessmonts and other charges that are imposed on Borrower or the Froperty by a condominium association, homeowners associatian or siinilar otganization. (,n "ElecMop[e Funds Transfer'T rrteans any transfer of funds, other than a transaction ortginated by check, draft, or similar paper instrument, which is initiated throug6 an elecironic terrainaL telophonic instrument, computer, or magntttc tape so as to order, instruct, or auihorize a 6nanciat institution to debit or credit Fin accvunt. Such term inclades, but is not Iimited to, point-of-sale transfers, automated teller machine aansactions, transfers initiated by telephone, wire transfers, and automated ciearinghouse ttansfers. (K) "EscrocvIterns" means tuose items thai arc dcscribed in Seciion 3. (I,) "MtscellAneous Proceeds" means any compensa;ion, settlement, award of damages, or proCCeds peid by any fhird party (oiher t6an insurance proceeds paid ander the coverages described in Section 5) for: (i) damage io, or destruetian of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance (n lieu of condemnation; or (iv) misrepresentations oC ar omis.cions as ra, the vatue and/or conditinn ofthe Property. ' (M) "MortgugeInsurance" means insurance proiecting Lender against the nonpayment of, or defauli on, the L.aaa lmisis: 46 VMP 0.6(PA) (o7oatoi aooo 2 or 16 Fo~rn 3039 1101 i k ~ (N) "Periodic Payment" means the regularly scheduIed amount dtie for (i) principat and interest under ihe Note, plus (ii) any amounts onder Seciion 3 of 26is Security instrument. (O) "RLt SPA"means the Real Estate SettlementProcedures Act (12 U.S.C. Section 2601 et seq.) and iis implementing mgulation, Regulation X(24 C.F.R. Part 3500), as they might be amended &om time to timc, or any addEtiona[ or successor legislatioo or ceguIation that governs Wc samo subJect matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a"Pederally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan" under 12LSPA. (P) "Successor in Interesk o! Borrawer" means any party that bas taken titte to the Property, whether or not tbat party has assumed Borrower's obligations under tke Note and/or this Seeuriry ]nthument. TRANSFER OF RIGHTS IN TFiE PROPERTY This Security Instrument sccures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modiftcations of the Note; und (u) 1he performance of Borrowcr's covcnants and agrecments under this Security Insttumem and the No;e. For this purpose, Borro-tver does hereby mortgage, grant and convey to Lender the following described pmperty located in the COUNTY [Typo of Recording 7urisdiceion] oFCUMBERLAN]? [Namc of Raording )uri.adiction]: See Attached Lega1 Description which currently has die address of 1 GRAYSTONE MANOR DRIVE CAMP HTLL [Ciry), Pcnnsylvania 17 O l]. [zip c«ta] ("Property Address"): GR.A.YSTONE MANOR DRIVE, CAMP HTLL, PA 17011 TOGETFIER WITFi a!l the improvements noVV or heceafter erected pn the property, And all casements, appurtenances, and fixtures now or 6ereafter a part oP the property_ A![ replacements and additions sUall also be covered by this Security Tnstzument. All of the foregoing is refened to in this ' Sccudty Instrument as ihc "Propcrty." VMPO-6(PA) WoeAot Pege 9 af 18 Fomi 3038 1101 }[41~~ BORROWER GQVENANTS that Borrower is lawfiilly seised of the estate hereby conveyed and has the right to mortgage, gant and convey the Property and that the ProperEy is unencucnbered, cxcept for encunibrances of record. Borrower warrants and wilt defend generatly the title to the Property against all claims and demands, subject to any encumbrances of rCCOrd. T'HIS SECIJRIT'L' INSTRUME-NT combines uniform covenants €or natioiial use and nvn-uniForm covenants witEi Iimited variations by jurtsdiction to constitute u uniform security instrumcnt covering real property. LTNIFORM COVfiNANFS. Barrower and Lender covenant and agee as fultows: 1. Payment oi Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shali pay when due the principat of, and interest on, the debt evidenced by the Note and any prcpayment cliarges and late charges duc under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and Uzis Security IiLstniment shall be made in U.S. eurrency, However, if any c6eck or other instniment reccivcd by Lender as payment under the Note or this Security Inshvmeiit is returned to Lender unpaid, Lender may require that any or all subsequent pAyments due under the Note and this Security Insirament be made in one or moce of tLe following forms, us setected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's cUeck or cashier's cheek, provided any such check is drawn upon an institution whose deposits are insured by a fedeml ageney, instrumentality, or entity; or (d) Electranic Funds Transfer. Payments airo deemed received by Lender when received at the tocation designated in the Note or at such other Iocation as may be designated by Lcnder in aeeordancewith the notiee provisions in Section 15. Lender may retum uny payment or partial paymcnt if the payment or partiai payments are insufficieut to bring the Loan cvnent. Lcnder may accept any payment or partial paymcnt insufftcicnt to bring the Loan eurcent, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or pactiAl payments in 113e future, but Leuder is not obligated to apply such paymentc at the time such payments are accepted. If each Periodic Payment is applied as of its scbeduled due date, then Lender need not pay interest on unapplied funds. Lender may hold sucb unapplied funds until Borrower malces payment to bring the Loan current. If Borrower does not do so withiii a reasonable period of time, Lender sball either apply such funds or rcturn t6em to Boitower, if not aPplied earlier, sucli funds will be applied to the outstanding principal batance under the Note immediateEy prior to forcclosure. No offsct or claim wbich Borrowar might have now or in the future against Lender shail relieve Borrower from making payrnents due under the Note and this Secnrity Instrument or performing the covenants and ageements secured by this Security Instrument. 2. Application of Payments or Proeeeds. Except as otherwise described in this Section 2, a!I pAymeats accepted snd appiiecl by L,et?der shalt be app[ied in the following orda of priortty: (a) lnterest dne under thc Note; (b) principal due under the Note; (c) amounfs due under Section 3. Such psymenu shall be applied to each Periodic Puyment in the arder in which it bccame due. Any remaining amounts shall be applied first to late charges, sc:cond to any aher amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If I.ender receives a payment fram Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the detinquent payment and the late cbarge. Tf more than one Pariodic Payment is oatstanding, Lender may apply nny payment received from Borrower to the repayment of the Pcriodic Payments if, and to the extent that, each payment can be Inl~lals; ~ VMP W-6(PA) (wae~ot Page 4 o17b Form 3039 1101 1 paid in fit11. To tlie extent that any excess exists after the payment is appliecl to the fitll payment of one or morc Pcriodic Paymcnts, sttch cxcess m2y be applied to any late charges due. Voluntary prepayments sBall be applied first to a=ry prepayment charges and then ns dascribcd in the Notc. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under . the Note slwll not extend or postpone the due date, or change the amount, aPthe Pertad[c Payments. 3. Funds for Escrow Ttems. Borrower shall pay to Lender on the day Peciodic Payments are due under the Note, until the Note is paid in full, a sum (tlte "I'unds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground ients on the Property, if uny; (c) premiums for any und ell insurancc rcquired by Lcndcr undcr Scction 5; and (d) Mortgage Insurance premiums, if any, or any sums paysble by Borrotver to I.ender in lieu of the payment of Mortgage Insurance premiums in accordance tvith the provisions of Section 10. These items are called "Escrotv I#ems." At origination or at any time during the term of the Loan, Lender may require that Community A."ociation Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments s6a11 be an Escrow Itcm. Borrower shall promptly fitmisb to Lender alE notices of amoants to be paid under this Section. Borrourer sball pay Lender the Funds for Fscrotv Items uniess T.,ender waives . Borrower`s obligation to pay the Funcis for any or al! Escrow Items. Lender may waive Borrower`s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such wuivcr, Borrower shalI pay dircctly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender reyuires, shali furnish to I,ender receipts evidencing sucla payment within such time period as Lender may require. Borrower`s obligation to ma{:e such payments and to pruvide receipts shall for alE purposes be deemed to be a covenant and agreement contained in this Security Instrnment, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, puimiant to a waiver, and Borrower faiis to pay the amount due for an Lscrow Ttem, Lender may exercise its rights under Section 9 and pay such amount and Tiorrm~er shall then be oblignted under Section 9 to repny to Lendcr any such amount. Lender may revoke the waiver as to any or aU Escrow Items at any time by a notice given in accordance wilh 3ecfion 15 and, upon such revocation, Borrower shall pay to Lender a11 Funds, and in such amounts, that are titen required under this Section 3, Lender may, at any time, eoilectand hold Punds in an amount (a) sufficient ta permit Lender to apply the Funcls at the 6me specified under RESPA, and (b) not to exceed the maximtnn amount a tender can require under EZESPA. Lender shall estimate the amouut of Funds due on the basis af current data and rensonable estimates of expenditures of future Fserow Itcros or otherwise in accordance with Appticable Law. The Punds slyall be held in an institution wliose deposits are insured by a federal egency, instrumentaliiy, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall appEy the Funds to pay the Escrow ltems no later than the time specified under RESPA. Lender shalt not charge Borrower for holding and applying the runds, annualty analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Latv permits Lendcr to ma3:c such A chazge. Unless an agreement is made in writing ar Applicable Law requires interest to be paid on the Funds, Lender shall not be requircd to pay Borrotvcr any interest or earnings on the Funds, Borrower and T.ender can agree in writing, hotvever, that interest InIUa1s: Ahs ^ Form 3039 1104 VNlp 0-6(PA) (om).at Page 9 ef 18 •~1~L.. • ~ shall be paid on the Funds. Lender shall give io Borrower, without charge, an amlual accouniing of the Funds as required by RESPA. Tf tliere is a surplus of Funds Geld in escrow, as defined under RESPA, Lender sha(I accovnt to Borrower for the excess funds in accordance witli RE-SPA. Tf tbcrc is a sliortage of Funds hcld in cscrow, as defined uoder RESPA, Lender shall notify Borrower as required by RESPA, and Borrowcr stialt pay to Lender the amount necessary to make up the shortage in accordance with RESPA, bnt in no, more t6an 12 montbly payments. Tf there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shalt noiify Borrower as required by RESPA, and Borrower shall pay ta Lender ilie amouni necessary io make up the defiaiency ia accordance with RESPA, but in no more ihan 12 monihly payments. Upon payment in fuli of all sums secured by ihis Security Instrument, Lender shall prompily refund to Bonowcr any Nnds held by Lender. 4. Clanrg@s; Liens. Borrower sba11 puy all taxes, assessments, charges, fints, and impositions attributable to the Property whic6 can attain priority over ihis Security Instivmcra, leaseho(d paymenis or ground renis on the Property, if any, and Community Association Ducs, Fccs, and Assessments, if any. To the extent thai these items are Escrow Ttems, Borcower shall pay ihem in the munner provided in Seciion 3. Borrower shall promptly discharge any lien which has priority nver this Seenrity Instrumeni nnless Borrower: (a) agrees in writing to the paytnent of the obligation secured by the lien in a manner accepiable to Lender, but only so long us Borrower is performing such agreement; (b) contests the iien in good faiih by, or defends aguinst enforcemeni oP the lien in, legal proceedings which in Lender`s opinion nperate to prcvcni the enforecmcnt of the iien while those proceedings are pending, but only uniil suc6 proceedings are concluded; or (c) secures from the holder of the lien in agreement sutisfnctory io Lcndcr subordinating the lien to this Security Instrument. If Lender deiermines that any part of tiie Property is subjeci to a lien Nvliich can attain griority over this 3ecuriry In.chvmeni, Lender may give Borrower a notice ideniifying the lien. Within 10 days of the date on which that notice is given, Borrnwer sh al l satisfy the [ien or take one or more of the actions set forth abvve in this Section 4, Leuder may require Borrower to pay a one-titne charge for a real estate tax verification and/or rcporting scrvice used by Lendes in conneciion wiih ihis Loan. 5. Property Insuranea. Barrower shatl keep the improveinents now existing on ccreufter crccted on the Property insured against Ioss by fire, hazards inciuded wiihin the ierm "extended coverage," nnd any other hazards including, but not limiied to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amrnmts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentenoes can change durin$ 4he term of the Loan. The insnrance carrier providing the insurance shall be choscn by Borrower sub,ject to Lendees right to disapprovc Dorrower's choice, whic6 rigbt shnll uot be oxetciscd unreasoaably. Lender may require Borrower to pay, in connection wiih this Loan, eithcr. (a) a one-time charge for flood zone determination, certificaiion and tracking secvices; or (b) a nne•iime charge for flood zone determinntion and certification services and subsequent c6arges each time remappings or similar changes occur whicU reasonabIy might aPfect such determination or certification. Borrower shall also be responsible for the payment of eny fees imposed by the Federa[ Emergency Mantsgement Agency in connection with the review of any flood zone determination resulting &om an objection by Borcower. lnluars: ~ YMP O~1PAj (o~oepoi Payo B of 19 Form 3039 SIOt ~i . ~ ~ If IIorrower fails to ntaintain any of the covcrages described abnve, I.ender may obtain insurance coverage, at Lendes option and Borrowets expense. Lender is under no obiigation to purchase any particular fype or amoont af coverage. Therefnre, sach coverage shall cover Lender, but might or migM not protect Borrower, Borrotiver's equity in the Property, or the contents of the Property, against any risk, Uazarcl or linbility and might provide Sreater or lesSer coverage than was previously in effeet. BorroWer acknowledgcs that t6e cost of tlic insaranee caverage so obtained might significxntly exeeed the cost vf insarance that I3orrawer could have obtained. Any umaunts disburscd by Lcndar under this Section S shall become addifional debt of Borrower secured by this SecuMty Inshvment. These amounts sUall bear interest at ihe Note rate from the date of disbursement snd shall be payabte, with sueh interest, cipon notice from T.ender to Borrower requesting payment. All insurance policies required by Lender mid ronewals of sucli policies shall be subject to Lendees right to disapprove sucli policies, shall inclvde a standard mortguge cluuse, and shall name I.,--nder as mortgagee and/or as an additionai loss payee. Lender shall have tbe right to hold the policies aad renewal certificates. If Lender requires, Botrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise reyuired by I.ender, for damage to, or destructeon of, the PropCrty, such poIicy shall include a standard mortgage clause and shail name Lender as mortgasee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of Eoss if not made promptly by Borrower. Unless Lender and Borrower otheiwise agree in writino, any insurance prviceeds, whether or not i6e underlying insurance was required by Lender, shall be npplied to restorntion or rcpair of the Property, if the restorarion or repair is economically feasibie and Lender's security is not lessened. During such repair and restoration period, Lender shall huve the right to hoEd such insurance proceeds nntil Lender bas had an opportunity to inspect such Property to ensure the work lias been completed to Lender's satisfaction, provided that svch inspeetion shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress puyments as the work is completed. Unless an agreement is made in writing or Applicabie Law requires interest to be paid an such insurdnce proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees far public adjusters, or other third parties, retained by Dorrower sUali not be paid ottt of the insurance proceeds and shall be the sole obligation of Borrower. Tf t6e restoration or repnir is not economicnily feasib[e or Lendcrs sccurity wovld be Icssened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, w6et6er or not tben due, Nvith the excess, if any, paid to Borrower. Sac6 insurance proeeeds shall be applied in the order provided for in Section 2. If Borrower abandons du Property, Lender may file, negotiate and sertle any avaftablc insurance clsim and related matters. If Borrower docs not icspond within 30 days to a notiee from Lender that tlze insuranae carrier has offered to settle a claim, then Lender may negotiaie and settle the claim. The 30-day period will begin when the notiee is given. Tn eether event, or iE Lender acqUires the Property :tndtr Section 22 or otherwise, Borrower hereby assigns to Lender (a) $oaoWers rights to any insurance proceeds in an amount not to cxcced the amounts unpaid under thc Note or this Secvrity Instcvment, and (b) any otlier of Borrower's rights (other than the rig6t to any rofund of nnearaed premiums paid by Borrower) under al[ insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insuranee proceeds either to repair or restore the Property or to pay amounts unpaid under tGe Note or tliis Scewity Instrument, whethcr or not thcn due. mouals: VMP @-6(PA) ro7oe}ot Psye r a1e Form 3039 1141 I ii i • 6. Occupancy. Boffower silal[ occupy, establish, and use the Property as Borrower's principal residence witliin GO days after the execution of this Security InstrumeAt and slutll contimue to occupy the Properfy as Borrowct's principal residencc for at teast ona ycar after thc datc of occupancy, ualess Lender ottierwise agrees in writiog, Nvhich consent shAli not be unreasonably withhetd, ar unlcss cxtenaating circumstnnces ex[st which are beyond Borrower's control. 7. PreservaHon, Matntenance and Protection of the Property; Inspections. Borsower shnll not de.strpy, damage or impair the Property, allow t6e Property to deteriorate or commit waste on the Property. Wltether or not Borrower is residing in the Property, Borrower shall maintain the Propevfy in order tn grevent i6e Property from deteriorating or decreasing in value due to its condition. Unless it {s detenniiied pursuant to Seciion 5 tI3at repair or restaration is not econpmicatly feasible, Boffower shali promptly repair thc Propcrty if damaged to avoid further deterioration or damage. If itisurance or condemnadon proceeds are paid in connection with damage to, or the taking of, thc 1'roperty, Boffower s6a11 be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in R single payment or in a series of progress paymenu as the wortc is completed. if the insurance or condemnation proceeds are not sufficient to repair or restore the Properiy, Boffower is not retieved of Borrower's obligation for the completion af such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. Tf it has reasonable cause, Lcnder may inspect the interior of tlta improvemcnts on the Property, Lender s6ail give Boffower notice ut the time of or prior to such an interior inspcciion specifying such reasonable cause. 8. Borrower's Loun Application. Boffower sltall be in default if, during the Loan applicAdon process, IIarrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent geve materially false, misleading, or inaccurate information or statemeMs to Lender • (or failed to provide Lender with material information) in connection with the T.aan. Material representations inc[ude, but are not limited to, represcntations conceming $orrower's occupancy of the Property as Borrowcr's principul residcncc. 9. Protection of Lender's Interest fn the Property und Reghts Under this Security Instrament. If (a) Boffower fails to.perform the covenants and agreements contained in this Security Instrument, (b) there is n iegal proceeding that might significanily affect Lender's interest in the Praperty and/or rights under this Security InsUVment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Inshvment or to enforce laws ar regu[ations), or (c) Boffower has abandoned the Property, then I,,ender may do and pay for whatever is rcasonabie or appropriatc to protect J.ender's interest in the Property uud rights under this Security Instrament, including protccting and/or assessing thc va[ue of the Property, and seeudng end/or repairing the Property. Lender's actions can inc[ude, bui are not limited to: (a) paying any sums sccurcd by a lien wliich has priority over this Securiiy Tnstrument; (b) appearing in court; and (e) paying reasonable attomeys' fees to protect its interest in the Property and/or rights nnder this Security InsWment, including its secured position in a bankrupicy proceeding. Securiag the Pmpaty includes, but is nat limited to, entering the Property_to make repairs, c6ange locks, repiace or board up doors and vrindows, drain wAter &om pipes, eliminate building or ot6er code violations or dangerous conditions, and have utilities turned on or off. Although Lender may takc action undcr this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. Ti is agreed tiiat T.ender incurs no liability for not tnking any or atl acNons aitthorized under this Section 9. tnWals: (F/.%Jy VMP 9-6(PA) (qos).ot Pa9e e ais Tr'~ Form 8039 7101 ~ . • ~ ~ Any amounts disbursed by Lcnder under t6is Section 9 sha]l become additional debt of Borrower secured by tiiis Security lnsiniment. These amounts shall beaz interest at the Note rate from the date of disbarsement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. ; If this Security Instrument is on a leasehold, Boaower shup comply wttti slt the provisions oC the ~ lease. If Horrower acqu[ros fee title to the Property, the leasehold and the fee title shall not merge unIess Lender agrecs to the mergcr in writing. 10. Mortgage InsurAnce. If Lender required Mortgage Ins2rance as a condition of making tlie Lonn, Borrower shal( pay the premiums required to maintain the Mortgage Tnsiuance in effect. If, for any reason, the Mortgagc Insurance coverage required by Lender ceases to be availabie &om the mortgage insnrer that previonsly provided such insvrance and Borrower was required to make separatety designatcd paymcnts toward the premiums for Mortgage Insuuanee, Borrower shall pay the premiums tequired to obtain covcmge substantially equivalcnt to thc Mortgage Insurauce previously in effect, at a cost substantially ~ equivalent to the cost to Borrower of the Mortgage Tnsurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially ccNivalent Mortgage Insurance coverage is not available, $onower shall continue to pay to Lender the amount of the separately designated payments that were due when the insuranae coverage ceased to be in effect. Lender will accept, use and cetain ttiese payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shait be non-refundable, notwithstanding the fact that the Loan is uItimately paid !n Poll, and Lender shall not be .required to pay BorroWer any interest or earnings on such loss reserve. Lender can no longer requize loss reserve payments iY Mortgage Insurance coverage (1n the amount and for the perioQ that T.ender requires) provided by an insurer se[cctcd by Lender again becomes available, is obtained, and Lender reqdires separately designated payments toward the premioms for Mortgage Insurance. If Lender required Mortgage ' Insarance as a condition of roaking the T.oan and Borrower was required to make uparately desigtutted payments toward the premiums for Mortgage Insarance, Borrower sliall pay the premiums requim,cl to mamtain Mortgage Insurance in effect, or to provide a non-refundable lbss reserve, unEil Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and ; Lender providing for such termination or antil tetmination is requircd by Applicable Law. Nothing in this SeCtion 10 affects Borrowees obligation to pay interest at the rate provided in the Note. Mortgage Tnsorance reimbacses Lender (or any entity that purchases the Note) for certain lossas it may incur if Borrower does not repuy the Loan as agrced. Borrower is not a party to the Mortgage Insurance. Mortgage insureis evaluate their totai risic on ail such insvrance in force from time to time, and may enter into agreementswiW otber parties that share or modify thcir risk, or rcducc losses. Tl1CSe Ag1'eeemdltS are on terms and conditions that are satisfactory to the mortgage inorer and the other party (or parties) to fhese agreemonts. These agreements may reqpire the mortgage instirer to make payments using any sovme ' of funds that the mortgage insarer may lueve nvailablc (which may include funds obtained &om Martgage i Insurance premeums). As a result of these agreements, Lender, any purc6aser of ihe Note, another insarer, any reinsurer, ~ any other entity, or any afftliate of any of the foregoing, may reccivc (dircctly or indirectly) amounts that derive from (or might be characterized as) a portion of Barrower's paymems for Mortgage Insurance, in excGange for sliariiig or modifying the mortgage' insurei's risk, or redvcing losses, If svch agreement provides that an affiliate of Lender takes a shaze of the insuror's risk in exchangc for a share of the premiams paid to the insurer, the ariangement is often termed "captive reinsurance." Further. (u) Any such agreements tivill not Affect the amouats that Borrower has agreed to pay tor Mnrtgage Insurpnce, or any other terms of the Loan. Such agreements iy;l) not ir,crease the amount Borroiver tivill otive for YIortgage Insurance, and they will not enfitle Borrotiver to any refund. Inwels: VMP O-6(PA) (moepi Pa9. e or la 'TT~T Fomt 3039 1101 S? ' , ~ • ~ (b) Any such agreements will not affect the rights Borrowcr hAS - if nny - wittl respect to the Mortgage Insurunce under the Homeowners Protection Act of 1998 or anJ other law. Tbese rights may include t6e right to receive certain disetosures, to request and o6tain canceltution af the Mortgage Insurance, to have the Mortgage Insurance terminated uutomatically, ond/or to reccive A retund of any Mortguge Insurance premiums that were unearned at the time of sac)i cancellatioa or terminAtion. il. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellancous Procaeds arc hcreby assigned to and shall be paid to Lender. Tf the Property is damaged, such Miscellaneous Proceeds shall be appiied to restoration or repa'v of the 1'roperty, if the restomtion or repair is economicAlly feusibEc and Lcndcr's secutsty is not lesscned, Auring snch repair and restoration period, Lender shall have the right to hold such Misceltaneous Proceeds until Lender ha5 Iiad an opportuniiy to inspect such Property to ensitre the tvork has been completed to I.ender's satisftsction, provided thut snch inspcction shall bc undertaken promptiy. Lender may pay for the repairs and restoration ip a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writin$ or Appiicable Law requires interest to be paid on such Miscellaneoas Proceeds, Lender shall not be required to pay Borrowcr utty intcrest or earnings on such Miseeilaneous Proceeds. Tf the restoration or repair is not economically feasible or Lender's securtty would be lessenec.t, the MisceEianeous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the exccss, if uny, psid to Bosowcr. Such Misccilancous Procoeds shatl be applied in the order provided for in Section 2 Tn the event of a total taking, destrucdon, or loss in value of the Property, the Miscellaneous Proceeds s6u11 be applied to the sums secured by this Sccurity Instrument, w6ether or not thea due, witli the excess, if any, paid to Borrower. In the evenE of a partiaE taking, destruction, or loss in value of the Property in whicb the fair market valuc of the 1'roperty immediatety be£ore the patiial taking, destructioq or loss in value is equal to or greater than the amount of the sums secured by t6is Seeurity Insirttment immediately before the pactial taking, destniction, or loss in value, untess Bprrowec and Lender ot6erwise agee in writing, the sums secured by this Security Instrument shall be reducal by the amount of the Miscellaneoas Proceeds multiplied hy the following fraction: (a) the total amount of the sums secured immediatefy before the partial taking, destruction, nr loss in vxlue divided by (b) the fair market vatne of the Property immediately before the partia[ talring, destruction, or loss in value. Any baEancc shall be paid to Borrowet. In the event of a partial taicing, destruction, or loss in value af the Property in which the fair market i value of the Property immediatcly before tlie pariial tttking, destruction, or loss in value is less than the , amount of the sums secured immediately before the partia] taking, desWCHon, or loss in vulae, untess Borrower and Lender otherwise agree in writing, the Miscellanenug Proceeds shstll be applied to the sums secured by this Security Inshvmtnt wUether or not the sums are then due. If the Propetty is abandoned by $orrower, or if, after notice by Lcndcr to BorroWcr that the Opposing Party (a.a defined in the next sentence) offers to mnke an award to settle a claim for damages, ' Borrower fails to respond to Lender Within 30 days after the date the notice is given, Lender is authorized ta collect and apply tlie Miscetlnneous Proceeds either to restorntion or rcpair of the i'roperty or to the sums secured by this Securiry Instrument, whether or not then due. "Onposing Party" means the third party i that awes Borrowcr MiscelEaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower sball be in defanlt if any action or proceed'mg, whether civil or criminal, is begun that, in Lender's judgmcnt, could resu(t in forfeihue of the Property or other material impairment of Lender's interest in the Property or rights under this Security Insbvment. Borrower can cure suc6 a default and, if accelention has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be tnlual~ K/f'~ I VMP 0•6(PA) (oms>.ot PAs. +o ar 16 7~~_ Fonn 3039 !!Ot . j~~~ ~ ~ . dismissed witli a ruliag that, in Lender's judgment, precludes forfeiture of the Property or otlier maierial impairment of I.ender's interest in the Property or rights under tliis Security Instrument. The proceeds of any award or c[aim for damages that are attcibutable to the impairment of Lendets iatorest in the Property are hereby assigned and shall be paid to Lender. All M'isCellAneous Proceeds tfiat are not applied to restorAtion or repair of tbe Property sfinit be applied in the order provided for in Section 2. 12. Tiorrowcr IVot Released; Forbearance Ti7 Lender Not u Waiver. Extension of the time Por payment or modi ftcation of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Barower shall not operate to relea.se the liability of Borrower or any Successors m Intcrest of Borrawer. I.ender shall not be requircd to commence proceedings against atry Successor in Interest of Borrotver or to refuse ta extend time for paymeni or otbenviso modify amortization of the sums sacured by this Security Instrument by rea.eon of any demand made by the original Borrower or any Successors in Tnterest of Horrower. Any forbearance by I.ender in exercising any righi or remedy including, withoui limitation, I.ondees acceptsuice of paymenis Gom t@ird pcrsons, cntities or Successors in Interest of Barrower or in amnunte ie,cs than the amount then dne, shall not be aivaiver of or preclude the exercise of any right or remedy. 13. Joint anr! Several Liability; Co-signers; Successors And Assigns Boand. Boaower covenants and agroes that Borrotiver's obligations and tiability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrament only to mortgage, grant and convey the co-signees interest in the Prvperty under she terms of this Security Instrument; (b) is not personally obligated to pay the sums secuned by this Security Tnstrument; atid (c) agrees that I.ender and any oiher Borrower can agree to extend, modify, forbear or make any accommodations wiih regard to the terms of ihis Security Instrument or thc Note without the co-signers consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes IIorrower's obligaiions under this Security Insirament in writing, and is approved by Lender, shall obtain aii oP Borroiver's rights and benefits under this Security fnstniment, Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to suc6 re[ease in writing. The covenants and agreements of this Security Instrumeni shalt bind (exccpt ns providcd in Section 20) and benefit the successors and assigns of Lender. 14. Loan Chat•ges. Lender mcy chargc Borrower fets for services pei-fomied iu coimectiun witlt Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, atiomeys` fees. pl'operty inspeciion and va3uatipn fees. Tn regard to any otbar fees, tlie abscncc of cxpress authority in this Security Instrumeni to charge a specific fee to Borrower shall notbe consWcd as a prohibition on the charging of such fae. Lendec may not cliarge fees tliai are expressly prohibited by this Security Instivment or by Agplicablc Law. If the I.oan is subject to a law which sets maximum loan chrugcs, and thut law is finally interproted so that the interest or other loan charges collected or to be collected in connection wttH the Loan exceed thc permitted liaiits, then; (a) any such lodn charge shsll be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collccted from Borrower which exceeded permittcd Eimits will be nefiinded to Borrowec I,ender may choost to make this refund by reducing the principal owcd under the Note or by m2king a direct payment to Borrower. If a refund reduces principal, the reduetion will be treated as a partiel prepayment wiihout any prcpayment charge (wheiher or not a prepayment charge is provided for under the Note). Borrower"s acceptance of any such xefuad made by dircct paymeni to Borrower will constitute a waiver of any right of action Borrower mighi have arising oui of svch overcharge. 15. Notices. All notices given by Borrower or Lender in conneciion with ihis Security Inshvment must be in xriting. Any notice to Borrower in connectzon with diis Security Instrument sliall be deemed to VMP 0.6(PA) (o7oetot Paps 11 otte Form 3039 4I04 il have been given to }3orrower wlien mailed by fvst class maii or when actualiy delivered to Borrowec's notice address if scnt by other means. Notice to any one Borrower shall constitute notice to alt Borrowers imless Applicable Law expressly requires otbenvise. The notice address shali be the Property Address unlcss Borrowcr has designated a substitute notice address by notice to Leiuler. Borrower shall promptly notify Lender of Borrower's change of address. If I,,eader specifles a proccdure for reporting Borrowet's change of address, then Borrower shall on3y report a change of address througb thAt specified pcncedure. There inay be onty one dcsignated noticc address under this Security Titstrumeni at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first ciass mail io Lendet's address stated herein unless Leader has desigirated another address by notice to Borrower. Any notice in conneciion wiih this Security Instrumcni shall not be deemed to hava been given to J.,euder antil actuatly received by Lender. If any notice required by this Security Inshumeni is also required under Applicable Law, the Applicable Law requirement wi{i satisfy the corresponding reqairemani vnder this Securiry Insttvmcnt 16. Governing Law; Severability; Rules of Construction. This Security Instrumcnt shatl be governed by federat law and the law of the jarisdiction in whicli the I'roperty is located. All dghts and ' obligations contained in this Security Instrument are sobject to any requirements and limitations of Applicable Law. AppliCable I.aw migUt explicitly or impticilly ullow thc parties to agrree by Contract or it might be silent, but sueh siience shall not be consirued as a pro6ibition against egreement by contract. In ilic event thai any provision or ciause of t6is Security In5trument or the Note confliCts With Applicable Law, such contTict shali not affect other provisions of this Security Tnstrument or the Note w6tch cun be given effect without the contIicting provision. As used in this Seciuity Instrumeni: (a) words of the masculine gender siiali mean and include corresponding neuter words or words of the feminine gender; (b) tvords in the singulflr shall meen and include the plural and vice versa; and (c) the word "mAy" gives solc discretion without any obligation to take eny actiou. 17. Borrower's Copy. Borrower stiall bc givcn onc copy of the Note and of ihis Security Instcument. 18. Transfer of the Proporty or a Benegcinl Tnterest in Borrower. As used in this Section 18, "Interest in the i'roperty" nzeans any Iegal or beneficial interest in the i'roperty, inctuding, bui not limited to, those henefieial interesis transferred in o bond for deed, contract for dced, mstallment sales contract Or escrow agreemeni, the intent of which is the transfer of title by Borrower at a futvre date to a purchaser. Tf alt or xny part of the Property or any Interest in the Pmperty ls sold or transferred (or if Borrower is not a naturai person and e bene6cial inieresi in Borrawcr is sald or transferrcd) withont Lenders prior writien consent, J.ender may rcquire immediate payment in full of all sums secured by this Security lnstrumeui. However, this option slialt not be exercised by Lender if sucli exercise is prohibited by Applicabte Law, If Lender exercises this opiion, Lender shall give Borrowcr notice of acceleration. The noiice shall provide a period of not less than 30 days &Qm the datC the notice is given in accoidance wiih Section 15 within wliicli Borrower must pay ail sums secured by thts Security InsWment If Borrowcr fails to pay these sums prior to the expiration of thes period, Lender may imoke any remedies permitted by this Sccurity Iiisirumcnt without further aoGCe or demand on Borrower. 19. Borrower's R?ght to Reipstate After Aoceleration. If Borrower meets certain conditions, Barrower shall have the right ta have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days befon sale of 16e Property pursuent to airy power of sale contained in ihis Security Tnstrument; (b) such other period as Appiicable Law might specify for the termination of Borrowees righi to ninstate; or (c) entry of e judgment enforcing this Security Clistrumeni. Those conditions are that Borrower. (u) pays Lcnder all sums whic6 ihen would be doe under this Security Instrumeni and the Note as if no acceleration had accurrzd; (b) cures any defauli of any other covenants or lnatafs: ~ VMP 0•6(PA) (o7ospt Pega 12 of 10 Fomt 3039 4101 1'L-U ~I 1 • i agrccments; (c) pays all cxpcnscs incurred in enforcing this Security [nsfitment, including, but not timited to, reasonable attomeys' fees, property inspcction and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Secprity Instrument; and (d) ' takes sucii actiou• as Lender may reasouably require to assure that Lender's interest in the Property and rights under this Security Iastrument, and Borrower's obligation to puy the sums secured by this Seculity fnsWment, xhall contimte uncbanged. Lender may reqnire that Borrower pay such rcinstatement sums and I expenses in one or more of the foliotiving forms, as selected by T.,ender: (a) cash; (b) money order, (c) certified check, bank clieck, treasurer's check or cashier's check, provided any such clieck is tlrawn npon ~ an institution whose daposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obiigations secured hcreby shall remain fuliy effective as if no acceleration had occurred. However, this right to reinstate shail not appty in the clse of acceleration undcr Section 18. 20. Sale of Note; Chunge of Loan Servicer; NoEice of Grievance. The Note or a pArtial interest in the Note (to$ether witli this Security [nstrument) can be sold one or more times without prior notice to Boaower. A sale might result iu a ciiange in the entity (known as the "Loan Servicer") that collects Periodic Pa}nncnts due under the Notc and this Security Instrument and perfnrms other mortgagc loan servicing obligations under the Nota, this Security Ynstntment, and App[icable Law. There also might be one or more changes of the Loan Servicer unrelated ta a sale of the Note. If there is a change of the Loan Scrviccr, Borrowcr will bc given writtcn notice of the change which will state the name and address of the new Loan Servicer, the address to tvhich payments shou[d be made and any other informaEion RESPA requires in connection with a noNce of trnnsfer of servicing. If the Note is sold and thereaRer the Loan is serviced by a Loan Servicer other tGaii the pwchaser of the Note, the mortgage laan servicing obligations to Horrower will remain with the Loan Servicer or be transfemd to a successor Loan Servicer and are not assiimed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other patty's actions pursuani to this Security InsErument or that al[eges that the other party 6as breac6ed any provision of, or any duty owed by reason of, this Securiry Instrument, nntil sach Borrower or Lender has natified the other party (with such notice given in compliance witl? the requirements of Section IS) of such aileged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable ].aw provides a time period whicli must elapse 6efore certain action can be taken, that time period wiEi be deemed ta be reasonable for purposes of t6is paragraph. The notice of acceleration and opportvnity to cure given to Dorrower pursuant to Sectton 22 and the notice of acceleration given W Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Haznrdous Subsfances. As used in tUis Section 21; (a) "Hazanious Substances" are those substances deC,ned as toxic or hazardous substnnces, polluffints, or wastes by Environmental Y.ativ and the fo[lowing substances: gasoline, kerosene, other ftammable or toxic petroleum products, toxic pesticides and herbicides, vafatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmentat Law" means federat laws and iaws of the jurisdiction where the Property is located that relate to health, safety or envitnnmental protection; (c) "Emironmental Cleanup" includes any response action, remedial action, or removal action, as defcned in Environmental Law; and (d) an "Environmental Coudiiion" mtans a condition tliat cun cause, contribute to, or otberrvise trigger an Environmental Cfeanup. MqialC FY /4'1 VMP 0•6(PA) (o7mot Page 13o118 ..Y?~± ~Foim 3039 1101 I ~ III e ~ • i Borrower sliall not cause or permit the prasence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) ihat is in violation af any Environmenial Law, (b) which creates an 13nvironnental Condition, or (c) wbich, due to the presencc, use, or relr,usc of a HazESrdons Substance, crcatts u condition that adverse[y affects the value oF the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of smeti quantities of Hazardous Substances thai ere generally recoguized to be appropriate to normal residcntial uses and to maintenance of the Property (including, but noi limited to, hazardaus substances in ennsumer products). Borrowcr shall ptnmptly givc Lcnder written notice of (a) any investigation, claim, demand, lawsuit or oiher action by any governmentaE or regutatory agency or pnvate •party involving the Property and any Hazardous Substance or Environmental Law of whtch I3orcower has acrital knowledge, (b) any Environmenial Condition, including but not limited to, any spilling, leaking, discharge, relcase or threat of re(ease of any Hazardpus Substance, and (c) any condition ceused by the presence, use or release of a Hazardous Substance which adverseEy affects the vatue of the Property. If Borrower leams, or is notified by any governmentaI or regulatory authority, or any private party, that any retnoval or other remediation af any Hezardous Subsiance affecting the Property is necessary, Borrower shall promptly take alt necessary remedial actions in accordance with Environmcntal Law. Noihing herein shall create any obiigation an Lencler for an Envimnmental Cteanup, NON-UNIFORM COVENAN'I'S. Borrower and Lender further covenant end ag,ree as follows: 22. AcceieraHon; Remedtes. Lender shall give notice to Borrowerprior to acceleration follow[ng Borrower's breach of any covenant or agreement tn this Security Instrument (but not prior to uccelerption under Section 18 unless Applicable Law provides otherwise). Lender shall notify T3orrotiverof, among other things: (a) the default; (b) the action requfred to cure the default; (c) when the default must be cured; and (d) tbat failure to cure the default as specified may result in AcceterAtion of the sums secured by this Security Instrument, foreclosuro by judicial proceeding And sale of the Propcrty. Lender shali further inform Borrower of the right to reinstate after acceleration And the riglit to asscrt in the foreclosure proceeding the non-ex[stence of a det'ault or any other detense of Borrotiver to ncceleration nnd foreclosure_ If the default is not eured ns specified, Lender at its option may require immediate payment in fuU of alf sums secured by this Security Instrument tivithout further demand and may foreclose tbis Security Inshument by judicial proceeding. Lender shall be entitled to collect AIf expenses incurred in pursuing the reinedies provided in this Seetion 22, Inciuding, buf not limited to, Attorneys' fees and costs of title evidence to the extent permitted by Appilcable Law. 23. Release. Upon paymeut of all sums secured by this Security Instrument, ihis Security tnstrumeni and the estaie conveyed shali terminate and become void After such occumence, Lender sftall discharge and satisfy this Security Tnstrument. Bprtower shalt pay eny recordation costs. Lender may charge Borrower a fee for releasing this Secucity Instrument, but only if the fec is paid io a third party for setvices rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the cxtent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Inswment, and beneby waives the benefit of any present or futurc laws providing for stay of execution, extension of time, exeinption from attxchment, Ievy and sale, and homestead exempiion. 25. Iteinstatement Perlod. Borrnwer's time to reinstate pmvided in Section 19 shall exkend to one hour prior to the commencement of bidding at a slieriff's sale or other sale pursuant to this Security Instniment. 26. Purcliase Mouey Mortgage, If any of the debt secured by this Security Inswmeni is lent w Bar?ower to acquue title to the rroperty, this Security dnstrutnent shatl be a purchase money mortgage. 27. Interest Ytpte After Judgment Borrotiver agrees tttat the inieresi rate payeble after a judgcnent is eniered on flie Note or in an action oP mortgage foreclosure shatl bc the rate payable from time to time under the Note. • InNiels: ~ VMP 4D-8(PA) (070e}01 Paoo 14 of ,e ~ h Forns $ass vat ~ 1 W This is a contract under seal and may he enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower aeeepts and agrees to the terms and covenants contained in ttiis SCCUrity Instrument and in any Rider execufed by Borrower and reconded wiih it, Witnesses: (Seal) WITNES 5 -Borrower (Seal) WITNESS , -Borrower ~y (Sea!) (Seal) ~AHMAD A SHARIFI -Borrower -Borrower (Sesl) (Seal) ~ 7 t /j -eerrower -Borrower (Seal) (Scal) -Borrower -Borrower . VMP O-6(PA) (o7oe}oi Pngo 15 of 18 Focm 3039 1101 ~I . . S S~ CUM1110NWEAL'I'H 4F .L 1 C1C /tjG Countyss: On this, tpc 29th day of Ju1.y, 2008 , before mr., che undersigned officer, personally appeured ~ a- v/FE AHMAD A SAATZIFI fjND ilnS/T S. D~TFN ~ N 5' imo'avn to me (or satisfaciority proven) to be the person(s) whose name(s) is/are subscribed to the wiihin inshument and scknowledged tiat he/s6ehhey cxccuted the same for t6e parposes herein contained. IN WITNESS WHEREOT I hefunto set my hand and offieinl seal. My Commission Expires: ~PriAL Sk ~o q~ N1CK P. GODAN ' N07AilY PUt3LIC, STATE OF OH10 f o MYCp{VlM15Si0NIXPt[iES/VoTA,2x !wl T/fE_ ~-r'ArE a~ Z>X,o ~ Ti11e of Ofricer CertilicaM o£ Itesidence ' I, fV/CK P- (~ra 15 rn' JQ , do hereby certifythat the correct address of ihe within-named Mortgagee is 5/.0 MJL Li 494ACK L iCX bHl o i Witness my hand t6is day of j"Ly a,o o,f . rf~oo ~ I Agent of Mprtgstga IMtlals: VMP 0.6(PA) (omM.ot aoa. +s or Ie Form 3039 1101 , • i First Ameriqn Title Insurance Company Commitment Number. 65538 _ EXHiBiF A PROPERTY DESCRIPTION The land referced to in thts Commitment is described as folloWS. ALL THAT CERTAIN piece or pafcei of Iand bounded and described in a[xordance wifh the Final Subdivision Ma Plan was recorded intlie Ofhce of,the Re e cader of Deeds o~f C mberland Coun~ n Plan Sool4 ~ge 104~ described as [ollows, to wft: ~ I BEGINNING a2 a pofnt on ihe westem dedicated ri9ht-of-way line of Country Side Lane, at the line of land now i or formerly of Edwerd J. Genther, fhence atong said tane, South 76 degrees 29 minutes 00 seconds West, a ; disiance of 100.33 feet to a point at Gne of Lot No. 2, on the above mentioned Plan of Lots; thence along said Lot No. 2, Nath OB degrees 44 mi^utes 00 second$ WeK a distance of 122.82 feet to a point at the southem dedicated rtghi-of-way 6ne of Graystone Me??or Drive, bY 8 curve to the r3ght, hav'utg a radius ot 125 beet, an aro length of 38.65 feet to a poink thence continuing abng same, South 85 degrees 13 minutes 19 seoonds East, a 33. feet i a po ni aghe westem Ane of Co n1tY Side Lane; then~ce ab g sa eaiSouth 8 de9rees 44 minutes 0037 seconds East, a distance of 76.82 feet to a point, the point and place of BEGINNING. Be the same more or less, buF subJeci to ail legal hi9hwaYs• property Address* 1 Greystone Manor Drive, Camp Hiii, PA 17011 Parcel Number. 10-19-1596-234 NO'fE: This GUe paper does not insure the aCreage or quantity of tand specified in the above dsCribed legal description. (65538.pfd165538J11) AITA CommiMettt ScAedute C JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. AHMAD A. SHARIFI and AHMAD SHEKIB SHARIFI and RANGIN MUSHGAN MOHAMMADI No. 2009-5861 ORDER AND NOW, this < day of lrCn? 2011, upon consideration of the Stipulation of the parties, it is hereby ORDERED and DECREED that: 1. Ahmad A. Sharifi, Ahmad Shekib Sharifi and Rangin Mushgan Mohammadi shall execute a deed in the form attached hereto as Exhibit "A" conveying title to the property located at 1 Graystone Manor Drive, Camp Hill, PA 17011 to Ahmad A. Sharifi and Tirsit S. Dejen, his wife, as of July 29, 2008, which deed is intended to replace the prior deed which was lost and never recorded. 2. The copy of the Mortgage attached hereto as Exhibit "B" is hereby declared to be genuine and authentic. 3. The Cumberland County Recorder of Deeds is directed to accept for recording the replacement deed and a photocopy of the Mortgage. 4. The Mortgage is hereby declared a valid lien on the real property located at 1 Graystone Manor Drive, Camp Hill, PA 17011 as of July 29, 2008. .? EdocvA ?. RAYM; An -1 BY THE COURT: Ms. in M j?,"ha IHVA ASN?d?d ?Mr. 1 A ; 1.13f1o l d` 1 38W J. Npilwo 11141111 00