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HomeMy WebLinkAbout09-7328IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, .? NO.: 09 -'134.8 ?? vi I lerm Plaintiff, VS. TYPE OF PLEADING DAVID M. HARNER, Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED VCOM WITHINTWENTY (20) DAYS FROM SER REO OR A DEFAULT JUDGMENT MAY BE A '-YOU. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: colt A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 350 Highland Drive Lewisville, TX 75067 AND THE DEFENDANT(S): 98 Front Street West Fa' e A 17025 ATT PLAINTIFF JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE RE ESTATE AFFECTED BY THIS LIEN IS 98 Fro t t, st F irview, PA 17025 ATTORN IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) 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(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, NO.: vs. DAVID M. HARNER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, NO.: VS. DAVID M. HARNER, Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, NO.: O 9- 7 3 a 8 G,cn ( % c- vs. DAVID M. HARNER, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC which has its principal place of business at 350 Highland Drive, Lewisville, Texas 75067. 2. The Defendant, David M. Hamer, is an adult individual whose last known address is 98 Front Street, West Fairview, Pennsylvania 17025. 3. On or about October 29, 2002, Defendant executed a Note in favor of Plaintiff in the original principal amount of $57,000.00. 4. On or about October 29, 2002, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $57,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 12, 2002 in Mortgage Book Volume 1781, Page 4087. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about September 2, 2009, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. §101, et seq. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 63,437.28 Interest through 10/14/2009 $ 2,525.43 Late Charges $ 107.20 Escrow Deficit $ 1,400.21 Appraisal/BPO Fees $ 18.63 Plaintiff Advances $ 307.58 Attorney's Fees $ 1,350.00 Title Costs $ 410.00 TOTAL $ 69,556.33 plus interest on the principal sum ($63,437.28) from October 14, 2009, at the rate of $13.02 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $69,556.33, with interest thereon at the rate of $13.02 per diem from October 14, 2009 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAN BY PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 fNELLY LLP THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Scott A. Dietterick, Esquire EXHIBIT "A" y? s -is e-., ALIC A%IIPSBLL ZIEGLER ;.,riF;KR OF DEEDS RLAlID COUNTY- 2, NU 12 RN 9 17 Retwn To: GOMRALAM ICANCORPORATION P 0 BOX 1117 P1T1 SBIIROH PA 15230-1117 Parc:al Number: x 2S2500154 [Spam Abm "IF Liee For Rmr ft Datal MORTGAGE DEFINITIONS Words used in mal4le sections of this document we defined below and other words am defined in Sections 3, 11, 13, 18, 20 and 21. Certain roles regarding the wage of words used in this document are siw provided is Section 16. (A) "3ecw{ty Instrument" means this docmnent which is dated 10/29/2002 together with all Riders to this docemcnt. %:=Q h= Bonower is the mortgagor under this Security Inshuumt. (G) "Leader" is CL'NTl1f ROME LQOITY COMPANY, LLC Lender is a A LIMr= LIASUITY COMPANY PENNSYLVANIA - Skgo F&TAy - Fannie MsaFroWlt Mae UNFORM 9tWNUIE ltT 4%;WAI PW , al,e sac is " ,N • I VUP MORTGA09 FOMM -peepaldrtl Fenn 3(W 1811 BK 178 1 PG4087 252500154 organized and eutistiog under the laws of TiM STATE OF DSLAUM Lender's address is 2825 NORTH RUMOM DALLAS TX 75201-1516 Leach is the mortgagee tmda this Security instrument. (D) "Note" mama the ptomisaory note signed by Borrower and dated 10/29/2002 The Note states that Borrower owes Lander FIFT! SLeM TRODBAND i 00/100 Dollars (U.S. $ 57,000.00 ) plus interest Borrower has promised to pry this debt in regular Periodic Payments and to pay the debt in lull not low than 11/02/2032 (E) "Property" means the property that is described below under %a heading "Traosfer of Rights in the Property.. (F) "Loan" means the debt evidenced by due Note, pbas interest, any prepayment charga and late charges doe under *a Note, and all sums doe under this Security Instrument, pins intereat (() "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: q Adjustable Rate Rider Condominium Ride Second Rome Rider Balloon Rider Planned Unit Devebpenmt Rider 1-4 Family Rider ???? JJJJ VA Rider U Biweekly Psyme nt Rides LJKIALOt *s) [specify] (11) "Applicable Law" means all controlling applicable federal, state and beat stitutes, regulations, otdimmoa and administrative rules sad orders (dust have the affect of taw) as wall as ell appfroable final, non-apposlable judicial opinions. (1) "Comannlty Association Does, Fees, and Assessments" means all duos, fees, assesssa- and other charges that we imposed on Borrower or the Property by a condominium association, homeowners association or similar organisation. (n "Slectaatc Funds Tmosfer" mum any transfer of funds, other than a k onotion originated by check, draft, or similar paper instsumcad, which is initiated through an eeokonic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, at authorise a financial insrttntiou to debit of credit an account Such tern in as, but is not limited to, point-of-solo transfers, a>Mnmated telba maebine transactions, tramfera initiated by telephone,, wim transfers, and automated eleark0ouse transfers. (It) "Escrow Items" mains those items that are described in Seetioa 3. (L) ' Mh dbussom; Procaah" means any compensation, settietaent, award of damages, or pfocseds paid by any third parry (other' than insurance proceeds paid under the coverages deserted in Section 5) for: (i) damage to, or destruction of, tun Property; (u) oondarmation or other taking of all or any past of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations, of; or omissions as to, the value and/or condition of do Property. (Nn "Mortgage houance" means insurance ptutecting Leader against the nonpayment of, or default on, the Lon. (N) "Periodic Payment" mom the regularly scheduled amount duo for (i) principal and interest under the Note, plus (ill any amounts under Section 3 of this Security Instrument. Wear: 4 ft-WA) peep No.2ais FmmstlZ9 1fa1 BK 178 1 PG4088 252500154 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its i eplommmting regulation, Regulation X (24 C.P.R. Part 3500), as They might be amended ltam time to time, or any additional or successor legislation or regulation that gave= the sae subject mauve. As used in this Security lnstttmmmt, "RESPA" refers to all requimsaeots and restrictions that am imposed in regard to a "federally related mortgage loam" even if the Loan does not qualify as a "foderafly relemd mortgage lam" under RESPA. (P) "Sueceasor in lateral of Borrower" meatus any party that has taken tHle to the Property, whether or act that party has assumed Basrowees obligations under The Note and/or this Security ImshumcnL TRANSFER OF RIORTS IN THE PROPERTY This Security Ioatmment secures to Linda: (i) the repayment of the Loan, and all temawais, extansions and modifications of the Note; and (it) the perfomsanov of Borrowees covenants and agreements under this Saintly Inaftument and the Note. For this purpose, Borrower does hereby mortgage, gnat sod convey t6 Lender the following daaaihedd&MM&ed in the COMMY ITYPs ergs i of Of a All that tract or parosl of land as shove on Schedule ")t" attached hereto which is iaeorporated herein and taaefe a part hereof. which outtawdy has the address of 98 YAM Wn=T P-y HEST MIRVIEW lC+trl , Pennsylvania 17025 IZip Cd.l ("Property Address"): TOQETM WrM all to improvements now or hereaflor erected on the property, and all easements, affor memcos, and fixnua now or haresfla apart of the property. All rq)6 is and additions shell also be covered by We Security instrument. AN of Tha foregoing is referred to in this Security lnshnment as the [soft p1mg.. 4W44P") (papa) Pop 3 ef 16 Foam 3M 1101 B(1781 P64089 252500150 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed end has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants end will defend generally the Wle to gee Properly against all claims and demands, subject to my encumbrances of roeord. THIS SECURTIV INSTRUMENT combines uniform covenants for national use and son-vaifo® covenants with limited variadiotu by jurisdiction to constitute a uniform security instrument covering red property- UNIFORM COVMIANTS. Boaower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Iscrow Items, Prepayment Charger, and Lute Cli rges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charyea and late charges fife under the Note. Borrower shall elm pay funds for Escrow Items man= to Section 3. Payments due under the Note and this Security Instrusews shall be made in U.S. currency. However, if any check or otha instrument received by Lender as payment under the Note or this Security Instrument is rammed to Leader unpaid, Lander may require the say or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as relected by Lender. (a) cash; (b) money order, (e) certified check, bank check, trearurces cheek or cashitee aback, provided any such chock is drawn upon an iortiMion whose deposits errs insured by a federal agency, iaatcvmmAdity, or entity; or (d) Electronic Funds Transfer. Payment are deemed received by Lender when receivad at the location designated m the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Leader may remm any payment or partial payment if the payment or partial payrawts are insufficient to bring the Loan tanrent Linda may accept any payment or partial payment insufficient to bring the Iran current, without waiver of any rights bereennda or prejudice to its rights to refim such payment or partial payments in the fiawe, but Lender is mat obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its schadaled due data, then Lender need not pay ieeaeaed on unapplied finds. Lender may hold each tumpplied fimda until Borrower makes payment to bring the Low currant If Bcaower does not do so within a reasonable period of time. Lowder shall eilha apply such finds as rectum them to Borrower. Knot applied ea dia, such fiords will be applied to the outstanding principal balance under the Note Inan iataly, prior to foreclosure. No of3ad or claim which Borrower might have now or in the fusee agamat Leader shall relieve Borrower from making payments due under the Note and this Swinty Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payeawts or Prsoeair. Except as otherwise described in. this Section 2, all payments accepted and applied by Lender shall be applied in gees following order of priority: (a) interest due under the Note; (b) principal due under the Neste; (c) amounts due under Saxton 3. Such payments " be applied to each Periodic Payment in the order in which it became due. Any remaining mounts shall be applied fast to Isla charges, second to any other amounts dun under this Se cooly Instrument, and then to reduce the principal batwoa of the Notre. If Linda receives a payment from bower for a defittquent Periodic Payment which includes a suffteiwt amount to pay any late charge due, the payment may be applied to the dalimpant payment and the We charge. N more than one Periodic Peymwt is ouetgtsnding, Lender may apply any payment received from Borrower to the repayment of Tres Periodic Payments if; and to the extent that, each payment can be paid in eNSrr: QA"- 40t-g(PA) Put) pas4of Is Fa m 3039 1101 BK 1781 PG4090 252500154 rush To the extent that my excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to arty hme charges due. Vohmtary prepayments *W be applied first to any prepayment charges and then as described in the Mate. Any application of payinco, insurance proceeds, or Nbodsaeous Prooeods to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds far Escrow Items. Borrower shall pay to Leader on the day Periodic Payments are due ender the Note, until the Note is paid in full, a tam (the "Funds") to provide for payment of amormta doe for! (a) taxes and onesionats and other items which can slim priority over this Security banument as a ken or encumbrance on the PropenT, (b) leasehold paymonts or ground rents on the Property, if any; (c) premium for any and all is once repined by Lender undo Section 5; and (d) Mortgage Insurance. premimre, if any, or any sauna payable by Borrower to Leoder in lieu of the paymmR of Mortgage Insurance premhtms in accordance with the provisions of Section 10. These hams no called "Escrow Items." At odgioatim or at any time daring the teem of lie Loan, Leader nay require that Community Association Auer, Few, and Assessments, if any, be escrowed by Borrower, and such dun, toes end memento shall be an Escrow Itam. Borrower [hall promptly furnish to Lander all notices of amounts to be paid order this Section. Borrower shall pay Lender the Fonda for Esorm Items union Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader 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 wd tg. In the event of such waiver, Borrower shall pay directly, when and where payable, the amourds due for any Escrow Items for which payment of Funds has been waived by Lander and, if Leader requaw, shall le-th to Lender receipts evidencing such payment within such time period as Lander may require. Borrower's obligation to make such paymeale and in provide receipts shall for all purposes be deemed to be a covenant and sgroment contained in this Security loss rmocnt, as the phase "oovmrmt and agteameat" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pmauant to a waiver, and Borrower fills to pay the amount doe for an Bscrow Item, Lahdot may exacise its right: under Section 9 and pay such amount and Borrower shall dm be obligated under Secdon 9 to repay to Lender any rash amount Lander may revoke the wawa as to say or an Escrow Items at any time by a nodes given in accordance with Section 15 and, upon such revocation, Borrower shall pity to Lander an Funds, and in such smaomia, that am then required under tibia Section 3. Lander may, at any time, collect and hold Funds in on amount (a) sufficient to pemtit Lander to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a landet can require under RESPA. Leader shell estimate the amotmt of Frmda due on the basis of current data and reasonable at®atas of a xpedinues of Rrture Escrow Items or otherwise in accordance with Applicable raw. The Foods shall be held in an institution whose deposits as insured by a federal agency, ms4vmeaudity, or entity (including Lender, if Lander is an iostitedott whose deposes are so insured) or in say Federal Rome Loan Bank. Lander shall apply the Funds to pay the Escrow Items no later than the time specified under RIISPA. Lander shell not charge Borrower for holding and applying the Funds, annually analysing The escrow accoun% or verifying the Escrow Items, unless Lender pays Harrower intereal on the French and Applicable Law permits Lender to nuke Mach a charge. Unless an agreement a made in w itirg or Applicable Law requires interest to be paid on the Funds, Lender shall not be requited to pay Borrower soy interest or earnings on the Punta. Borrower and Lender can agree In writing, however, that interest shall be paid on the IAN*: AAff ®.6(PA) (006x) P+6? Ed IB Famh 3039 1Att SK 178 1 PG409 I 252500154 Funds. Lender shall give to Borrower, without charge, an amoral accountiag of the Fonds as regnnz4 by RESPA. If them is a surplus of fiords hold in escrow, as defined under RESPA, Lender shell account to Borrower for the excess rinds in accordance with RWA. If there is a shortage of Punds keld in escrow, as defined under RESPA, Lender shell notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but a no more than 12 monthly payments. If them is a deficiency of Panda held in escrow, as defised under RBSPA, bander shell notify Borrower as required by RESPA, and Borrower "pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no mare than 12 monthly payments. Upon payment in full of all some scoured by this Soon* lastrumeat, Lender shall promptly rdand to Borrower any Fands hold by Lender. 4. Chwgea; Liens. Borrower shall pay all taxes, assessments, charges, fines, and hapositinns attributable to the Property wbioh can attain priority over this Seounty Instrument, lessehold payments or ground rents on the Property, if may, and Community Association Dan, Fees, and Assessments, ff my. To the extent that these items are Escrow Ittmma, Borrower shall pay them in the manna provided in Section I Borrower shall promptly disolwgm any Lan which has priority over due Security Instrument unless Borrower: (a) agrees in writing to ths payment of tha obligation secured by the lien in a mean- acceptable to Linde, but only so long as Borrower is pufammiog such agraemeart; (b) conbets the Use in good faith by, or defends against enforcement of tha lien in, legal proceedings which in Lender's opinion operate to proved the enforcement of the lien whiz those proceedings are, pending, but only until such proceedings are concluded; or (c) secures horn the holder of the lien an agreement satisfactory to leader subordinating the lien to this Security Instrument If Lender datetmince to any part of the Property Is subject to a lien which on atria priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the Len or take one or more of the actions set forth above in this Section 4. Lander may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Laurance. Burrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hoards included within the tam "extnndod coverage," and any otka hazards including, but not limited to, eartkgaskes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires: What Lender vegnaes pursuant to the preceding senteacros can chap during the tam of the Loss. The insurance carter providing the itmsmtrance :bail be chosen by Borrower subject to Lendees tight to disapprove Borrower's ; choice, which right shall not be examised unreasonably. Lender may. require Borrower to pay, in connection with An Loan, either: (a) a one-time charge for flood zone determination, ratification and traddng services; or (h) a one-time chugs for flood zone datemination and cetificatioo savior and srbsegnmt charges each tune rensplop of similar changes occur which reasonably might affect such determination or califiabom Borrower shall also be raponabie for the payment of any feu imposed by the Federal Emergency blaoagemeat Agency in connection with the review of any flood zone determination resulting from an objection by Borrows. r,uw: A_1tN. ML4RPN 0004) pw s d me Form 9039 VM BK 1781 PS4092 252500154 If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage. at Leader's option and Borrower's expeam Lender is under no obligator to purchase my particular type or amount of coverage. Therefore, such coverage shall cover Lander, but might or might not protect Borrower, Bormwees agrity in the Property, or the coolants of the Property, against any risk, Lazard or habibty and might provide greater or Latter covan4e than was previonaly in agar . Borrower acknowledges that the coat of the insurance coverage so obtained night significaotty exceed the cost of inoutsace that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall became additional debt of Borrower secured by this Security Instrument. These amounts shell bas interest at the Note me $om the date of disbursement and shall be payable, with such interest, upon notice from Lander to Borrower requesting payment. All inamme policies required by Leader and renewals of such policies shall be subject to Lender's right to disapprove each policies, shall include a standard mortgage clause, and shall mane Lander as mortgages and/or as an additional loss payee Linder shall have &a right to hold the poheies and renewal ca fWates. If Leader requires, Borrower shall promptly give to Leader all reacipts of paid premiums and renewal notices. If Borrower obtains any form of bsoraaco coverage. not otherwise required by Lander, for damage to, or destruction of the Property, such policy shall include a standard mortgage claim and shall sane Leader as mortgsgea and/or as an additional loss payee. In the event of bits, Bottom shall give prompt notice to the insurance carrier and Leader. Lander may make proof of bas if not made prompily by Borrower. Unless Lender and Botrowar otherwise agree in writing, tiny mama pmoeads, whether or not the underlying imuranree was required by Laden, shall be applied to reatoration or repair of the Property, if the restoration or repair is economically hasi & and Leadnts security is not tanned. Arcing each repair and restoration period, Leader shall have the right to hold sucb iusurance proceeds until Lauder has had an opportunity to mapect such Property to name the work has been completed to Lender's retisfrction, provided that such inspection shall be undertaken promptly. Lauder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is eompided. Unless an agteament is made un writing or Applicable Law requires infest to be paid on such insurance proceeds, Lander shall not be required to pay Borrower any interest or amiogf on Such procaeda. Fees for public adjusters, or other third parses, retained by Borrower shall not be paid out of *a iao reace proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Landds security would be lessened, the insmanee proceeds shall be applied to the sums secured by this Security Instrument, whether or not than due, with the excess, if any, paid to Borrower. Sock insurance preeesdo shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lander may Me, negotiate and settle any available iomrance claim and related matters. If Borrower does not respond within 30 drys lo a notice from Lauder that the imurmce carrier has offered to settle a claim, than Linder may negotiale and mule the claim. The 30-day period will begin when the notice is given. In after event, or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in am amount not to exceed the amounts unpaid under the Note or We Security Inttrument, and (b) any other of Borrower`s rights (other thin the right to may re8md of unearned premiums paid by Borrower) under all isWrance policies covering the Property, insofar a such rights are applicable to the coverage of the Property. Lender may on the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security. Instrument, whether or not then due. UJlW 011 ftWA) on) parer r ar to Form 30330 IM OK 178 1 PG4093 252500154 6. Occupancy. Borrower shall occupy, establish, and use the Property a Borrowers principal residence within 60 days after the execution of this $amuity Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, Maim Leader otherwise agrees in writing, which consent shall not be unreasonably withhold, or unless extmaating circumstances exist which we beyond Bomowcr's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impar the property, allow the property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order in ptavant the Property from dota)otsting or decreasing in value due to its condition. lpaless it is determined pursuant to Section 5 that repair or resk ratiou is not eoonomiedly feasible, Borrower shall promptly repair the Properly if darnagad to amid futtha deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shad be responsible for repairing or restoring the Property only if Lander has relaxed proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the iruemmae or condemnation proceeds arc not sa[Iieinmt to repair Of restore the Property, Bonower is not relieved of Bee rowan's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and ioapectioas of the Property. If it has reasonable noose, Lender may hespect the interior of the uaprovemseft on the Property. Lender shall give Borrower notice at &a time of or prior to such an interior inspection specillyigg such reasonable cam. L Borrowa's Lena Appliadom Bonowa shall be in default X duff the Lea application process, Somwer or coy pawns or entities acting at the direction of Borrower at with Borsnarces knowledge of aommt gave materially Net, misleading, or inaccurate Winmeation or Moments to Linda (Or Wind to provide Lender wilb material information) in connection. with the Lem. Material repreaaautlions include, but are not limited to, reprosanudons concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Intact In the Property and Righst Under this Security Instrument. If (a) Borrower fails to perform the covenmb and agreement contained in this Sommity Io strumoat, (b) then A a legal proceeding that might sigoiSceatly affect Iwndoes interest in the property and/or rights under this Security Instrument (such as a proceeding in bsakemptey, probate, for condemnation or forfeiture, for emfonaemtmt of a den which may Main priority over this Security Instnnmest or to enforce laws or regulations), or (c) Borrower has abandoned the Properly, then Lender may do and pay for whatever is reasonable or appropriate to protect Leaders interest in the Property and rights under tkis Semrity Instrument, including protecting and/or assessing 1he value of the Property, and searing a nd/ar repairing the property. Lender's wtioons can include, but are not limited to: (a) prying any sums secured by a plan which has priority over this Somity Inehumamh, (b) appearing in court; and (c) paying reasonable smamays' foss to protect its interest in the Properly and/or rights under this Security lnatnnnan, including its semed position in a bankruptcy proceeding, Securing the Property inhales, but is not limbed to, entering the Property to make rope k change locks, replace or based up doors and window, drain water firm pipes, alimauto building or other code violations or daggaours conditions, and have otitifin turned on or off. Although Leader may take action under this Section 9, Lender does not have to do so and is not under my duty or obligation to do so. It is agreed that Lender incurs no liability for not taking my or all actions authorized under this Section 9. MWL 0. .N tft;(PA) P-) P400 s or is Form 3M 1A7 ;$X 178 1 PG4094 252500154 Any amounts disbursed by Linder under this Section 4 shall become sdridwad debt of Borrower secured by this Secgtity Instrument. Theso amounts shall bear interest at the Note rate Rohn the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the lessabold and the fee title shall not merge unless Larder agrees ID the merger is writing. 10. Mortgage Iawnance. If Leader required Mortgage Insurance as a condition of making the Loan, Borrower o ball pay the premium tapered to maintain the Mortgage htsarauce in effeeL It; for any reason, the Mortgage Insurance coverage required by Lender ceases to be available frome the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower doll pay the prombans requited to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost m"watially equivalent to the cost to Borrower of tho Mortgage insurance previously is effect, from an alternate mostgago insurer selected by Lander. If substantially equivalent MmIgago Insurance coverage is not available, Borrower shall eoatmue to pay to Lender the amount of the separately designated payments that were due when the +? ro coverage coved to be in effect. Lander will accept, me and retain these payments at a non-ralttodable its reserve in lien of Mortgage Insurance. Such loss reserve shall be non-roflntdable:, notwithstanding the fact that the Lean is ultimately paid in full, and Lender shall not be requited to pay Borrower any interest at earnings on such lop reserve. Landes can no longer require loss rasotvo payments If Mortgage insurance coverage (in the acsoumt and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated psymmb toward the premiums ft Ma We humane. If Loader required Mortgage Insurance as a condition of making the Loaa and Borrower was required to make separately dealipMed payments toward the premiums for Mtatgage huaraot, Bonowa shall pay the premiums requuad to maintain Mortgage Insurance is ef[oot, or to provide a non-rdmdable loss reserve, until Larder's requitement for Mortgage Insurance ends to, accordance with any written agreement between Borrower and Lender provfdlug it such termination or until termisadon is required by Applicable Law. Noddog in this Section 10 affects Bowowe's obl4a m to pay interest at the rata provided in the Note. Mortgage hvorance ra®huees Linder (or any entity that purchases the Nile) for certain losses it may inter if Bouowor does not tepsy the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all sn& insurance in force from time to time, and may eater into agreements with other parties that share or modify dick rftk, or redsce losses. Than agreemants are on tents and conditions that are satiafaatory to the mortgage insurer and the other patty (or parties) to these agreements. These agreements arty require the mortgage irushrer to make payments using say source of Hands that the mortgago iraorer may have available (which may inolade finds obtained from Mortgage Iosumacc Premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, say raimtaer, any other oatity, or arty aflillao of any of the foregoing, way receive (directly or indirectly) amounts that derive from (err might be characterized air) a portion of Borrower's poynm* for Mortgage hhtum?cq in exchange for sharing or modifying do mortgage innrer4 risk, or reducing losses. If so& agreement provides that an affiliate of Lender takes s these of the Inure', risk in exchange for a share of the pramiu ms paid to the msusar, the arrangaming is often termed "captive reinsurance." Further: (a) Any such agresrn®ts will not affect the an otmts that Borrower hat agreed to pay for Mortgage Insuranc k or any other terms of the Loan. finch sgree nmk will not laorerae the staosmt Borrower will tore for Mortgage insurance, and they will not entitle Borrower to any ratu ad. WA." A?I.N. (M.s(PA) pow P.O. s of fe Fenn 70th 1101 8K 1781 PG4095 252500154 (h) Any such agiroemmts wN not affect the rights Borrower has - if my - with respect to the Mortgage Insurance under the Homeowaas Protection Act of 1999 or arty other law. These ruts may include the right to reodve certain disclosures, to request and obtain cancegaUon of the Mortgage Insurance, to have the Mortgage Insurance terminated subnaYadly, aadlor to receive a refund of any Mortgage L smrmee preadems that were unearned at the time of such cancellation or termination. 11. Anigomest of Mbodlmasom Preoeedr, Forfeiture. Ali Miscellaneous Proceeds an hereby assigned to and shall be paid to Leader. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repay is economically feasible and Leader's security is not Insured. During such report and resturadim period, Leader shall have the right to hold such Miscelleasom Proceeds until Lander has had an opportunity to inspect such Property to mrote the work has ben oomph tad to Linde t sadafl coon. provided that such inspection shall be undertaken promptly. Leader may pay for the repairs and restoration in a single disbtmem tat or in a series of program payments as the work is oomplated. Unless an agreement is made in writing or Applicable Law requites interest to be paid on such MiscoNoeoua Proceeds, Leader shell not be respired to pay Borrower any interval or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically fusible or Larder's security would be Imposed, the Miscallmaow Pwccadm shall be applied to the sums secured by this Security hwt m en% whether or nut than due, web the excess, if any, paid to Harrower. Such Mncellmeom Proceeds shall be applied in the order provided for in section 2. In the event of a total taking, destruction, or Ions in value of the Property, the Miscellaneous Proceeds shell by applied b the cams netaad by this Soc:tn* hmsttument, whether or ant then doe, with the excess, if say. paid to Borrower. In the avant of a partial taking, dun0[aetion, or loss in value of the Property in which the fair market value of the Property inaredietely before the partial tailing, destruction, or Ion is Valve is equal to or grater than the amount of the mama secured by this Security loatrumst immedidely bounce the partial taking, destruction, or bra in value, union Borrower and Leader otherwise agree is wcift, the amaa secured by this Security Instrument shall be reduced by the tanount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or Ion in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, at foes in value. Any balance shall be paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loam in vslaa is leas than the amount of the scum secured mum?edhttely belts the partial taking, desbuction, or Ion m value, ontesm Borrower and Lender otherwbo agree in writing, the Miacelleneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the stmts are then due. If the Property is abandoned by Borrower, or if; after notice by Leader to Bomma that the Opposing Party (ar defused in the nod sentence) offers to make an award to settle a claim for damages, Borrower flails to respond to Linda within 30 days alter the daft the notice is given, Lender is authorised to collect and apply the MiseeWneons Proceeds either to restoration or repair of the PropsM or to the mum secured by this Security Instrument. whether or not then due. "Opposing Parry" mess the third patty that owes Harrower Ithmcallaaeous Proceeds or the party against whom Borrower Jim a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if may action or proceeding, whather civil or crmtioal, is began that, in Lender's judgment could result in forfeiture of the Property or othsr malarial impa®sen t of Landoes interest in the Property or rights under iris Security Ina nnnont. Borrower can me such a dofanlt and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismiated with a ruling that, in Lender's judgment precludes forfeiture of the Property or other material impairment of u"uwr JQAx 4ft$IPAI p-) OW war to Form 5088 I/H BK 1781 PG4096 252500154 Landds interest in the Property or rights under this Security Instrument The proceeds of any awed or claim for damages that are allrit utable to the impairment of Lender's interest in the Property are hereby sniped and shall be paid to Lender. All MbceUanenus Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waly r. Extension of the time for payment or modification of smorliretioo of the sums soetued by this Security Instrument granted by Lender to Borrower or any Successor in brterest of Borrower shall not operate to release the liability of Borrower or any Successors m Interest of Borrower. Lander shsIl not be requited to conmmesoe proceediags against any Successor in Interest of Borrower or to refuse to extend time for payment or odwwin modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower at any Succassm m boarest of Borrower Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amotmts less than the amount then due, shall not be a waiver of or preclude the exercise of my tighter remedy. 13. Joint and Several Uabltlty; Co"signars; Successors and Assigns Bound. Borrower covensnts and agrees that Borrower's obligations and liability shall be joint sad several However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-siguze ): (a) is co-sig®g this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tame of this Security bratrament; (b) is not personally obligated to pay the arms secured by this Security Instrument; and (c) agrees that Leader and my other Borrower can agree to extend, modify, Forbear or make my accommodations with regard to the teams of this Serenity Instrument or the Note without the co-signer's consent Subject to the provisions of Section 19, any Successor in Interest of Borrower wbo assumes Borrower's obligations under this Security Instrument in writing, and is approved by Linder, shall obtain all of Borrower's rights and benefits under this Security Insrumeat Borrower shall not be released icon Borrower's obligations and liability under this Security Instrument asters Lendar agree to such release in writing. The covenants and agreements of this Security Instrument shall bind (except on provided in Section 20) and benefit the successors and grips of Leader. 14. Loan Charges. Leader may charge Borrower fee: for services performed in connection with Borrower's defmlt for the purpose of protecting Lender's intasat in the Property and rights under this Security brstrumear; me u hu& but not limited to, atfomays' fees, property inspection and vahuation fees. In regard to any other fees, the absence of express sudwity in this Seeiaity Instrument to urge a specific fee to Borrower shall not be construed as a pmbibition on the charging of such fee. Lender nay not charge fees that are expressly prohibited by this Security Instnrmmt or by Applicable Law. If the Loan is object to a law whioh sirs mtotlmum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connecdon with the l.om exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to rho pamftled limit; and (b) any awns already collected ftom Borrower which exceeded pamttted limits will be refunded to Borrower. Lender may choose to make this re6md by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refired reduces principal, the reduction will be treated as a partial prepayment without say prepayment charge (whether or not a prepayment charge is provided for under the Note). Bonowar% accepts= of my snob regrd mado by direct paytneat to Borrower will constitute a waiver of any tight of action Borrower might have arising out of such overcharge. MOW JCVZ#. f.E fpA) tOeep a.s• +s or to Form 3039 Ua7 8K 1781 P64097 252SO0134 1S. Maces. All notion given by Harrower or Leader in connection with this Security Ioohument one be in writing. Any notice to Borrower in oonneation with this Seemity lnstroment shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if seat by other memo. Notice to any one Borrower tlnd constitute notice to all Borrowers unless Applicable Law apraely requires otherwias. The notice address shad be the Property Address unless Borrower has designated a aubetta notice address by notice to Lender. Borrower shall promptly notify Lewder of Baerower9 change of address. If Leader speaifin a procedure for reporting BorrowerL change of address, Alen Borrower shell only report a change of address through drat speAW procedure. There may be only one designated notice address under this Security Iarhumemt at any one limo. Aay notice to Leader shall be given by delivering it or by nailing it by fist elms mail to Lander's address stated herein atlas Leader bat designed another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader until actually recaived by Leader. If any notim required by this Swur4 brrtameat is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security hotummt. 16. Governing Law; SoverabWty; Rules of Construction. This Security lnetrnmeat shall be governed by federal law and the law of the jurisdiction in which the Property is located. AN r4oft and obligations comained in this Security Instrument are subject to any requiranuft and iimitations of Applicable Law. Applicable Law might exphc* or implicitly allow the parties to Wee by contract or it might be silent, but inch silence shay not be construed as a prohibition against agreement by contract. In (lie event that any provision or clam of this Security Iastrumeat or the Note conflicts with Applicable Lsw, each conflict shall not affect other provisions of this Security losttament or the Note which can be given effect without the coaftting provision. As Wed In dais Security Instrument (a) wads of the mucubut gender shill mean and include corresponding neuen words or words of the femmias.gender; (b) womb in the oingolar shall mean and include the plural and vice versa; and (e) the word "may" gives sole discretion without any obligation to teh any action. 17. Borrower's Copy. Borrower shall be given one copy of tha Note and of thin S=u* Instrument. 1& Transfer of the Properly or a BeacBdal Intavet I& Borrower. As used in dtis Section 18, "Interest in the Property" memo my legal at bmsfcist interest in the Property, including, but not thafted to, those bmsfieial mterab trandarrad in a bond for deed, contract for dead, instalment salts contract o escrow sgree xcent tha intent of which is the transfa of title by Harrower at a famre data to a purchaser. if all or any part of the Property or any I dwM in the Property is sold or hmafarred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or trouferred) without Leader's prior written consent, Lender may require immediate payment in tall of all sums seamed by this Security Instrument. However, this option shall not ba exercised by Linda if such exercise is probibited by Applicable LOW. If Lender exatcLa this option, herder shall give Borrower notice of aooelaatiaa. The notice shall provide a period of not lass than 30 der from tic date the moon is given in aeoordenos with Sectioa 15 within which Burrower mina pay all suss secured by this Security Instrument If Borrower f & to pay these sums prior to the expiration of this period, Leader may invoke my remedies pemitted by this Sooarity Instrument without father notice or demand on Borrower. 19. Borrower's Right to Relastate After Acceleration. If Borrower meets certain conditions, Borrower shall have the tight to have anfbreameot of this Security instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sole contained in this Security bsbvmnt; (b) such other period as Applicable Law might spw* for the tamu>ation of Borrower's right to reisatate; or (c) entry of a judgment enkniog this Secalty Instrument. Those conditions are that Borrower. (a) pays Leader all mans which then would be duo under this Security bukameat and de Note at if no acceleration had ocmzmd; (b) cures any default of any other covenants or sgreasumb; (c) pays all ew"e": DIIA 4k-$(PA) lewet Pp" 12 r is form aW 1111 BK 178 1 PG4098 25250015! expenses ineorrad in mfoming this Swunty Instremenl, including, but not limited to, reasonable attorneys' fees, property inspection and vahWion fees, and other fees mcamed fur the prposs of pralloo g Leader's interts in the Property and tights under this Security Instrum®t; and (d) takes such action as Leader may reasonably require to anure that Leader's interest in the Property and rights under this Security Instrument, and Bou:owds obligation to pay the sums secured by this Security Instrument, shell continue unchanged. Leader may requite that Borrower pay such ro mstmetmont saws and expanses in one or more of the following forms, as selected by Leader. (a) cash; (b) money order; (e) certified check, bank die* treast rces chock or cashier's check, provided any such check is drawn upon an institution whose deposits we insured by a federal agency. instru mmAality or cn*y; or (d) Blaolroaic Funds Transfer. Upon reimsmememt by Btntower, this Sanurity Insgmmant and obligations seemed hereby shall ran= fltily tffeetive as if no acceleration had occurred. Howevar, this right to re stme shall not apply in the caso of a ccolor man under Section 18. 20. Bak of Note; Change of Loan Swvkw; Nader of Grievance. The Note or a partial mteret in the Note (together with this Security Instrumast) can be sold one or more times without prior notice to Borrower. A sale might muk in a chop in the amity (known as the "Lam Satvicer") that collects Periodic Payments due under the Note and this Security Lustroment and pexfams other mompge loan servicing obligations under the Note, this Security Insttvmm?t, sad Applicable Law. There also might be one or more changes of the Law Servicer unrelated to a salt of the Note. If there is a change of the Loam Servicer, Borrower will be given written notice of the change which will state the mare and address of the new Loan Seavicer, the address to which payments should be made and any other information RESPA require in col meodust with a notice of transfer of servicing. If the Note is sold and thareafter the Loan is serviced by a Low Servicer other than the purchaser of the Note., the mortgage boa servicing obligations to Borrower will remain with the lam Sesvicer or be transferred to a succesot Loan Servicer and arc not auumed by the Noto purchuct union otherwise provided by the Note purahasat. Neither Borrower nor Lender may commence, join, or be joined to say judicial action (as either an individual litigant or the member of a clan) that arise from the other puWs acdom pursuant to this Security Instrument or that allege that the other patty has broached any provision of; or my duty owed by reason of, this Security Instrument, tmtil such Borrower or Linder Lea notified the other perry (with such notice given in compliance with the requirements of Section 15) of such alleged branch and afforded the other perry hereto a reasonable period after the giving of such notice to take corrective aclioo. If Applicable Law provides a time period which must elapse before certain nodes can be taken, that time period will be deemed to be reasonable for purposes of" paragraph. The notice of acceleration and opportunity to aria given to Borrower pursuant to Section 22 and the notice of acceluatiam given to Borrower pummmt to Section 18 shall be domed to satisfy the arldca and opporweaty to take corrective action pro vidam of" Section 20. 21. Eaaardamr Substances. As used in this Section 21. (a) *Hazardous Substances" are those substance defined as toxic or h»atdous substances. pollutants, or wastes by Eniroommtal Law and the following substsmces. guognaq kerosene, other flammable or toxic petroleum paoducls, toxic pesticides and herbicides, volatile solvents, materials containing nabeatos or formaldehyda, and radioactive materials; (b) "Envraamalmal Law" memos federal laws and laws of the jurisdiction where the Property is boated that reteto to health, asky or emviroamental protection; (c) "Environmental Clannnp• moludes any response action, remedial action, of removal motion, as defined in Environmental Law; and (d) an "Emvuom namal Condition" mews a coaditiom that can colon, contribute to, or otherwise trigger an Euvirwtmental Cleanup. land.: AIK 4k4RPnl 611011) PW rs a 011 Fora 9099 1101 BK1781PG4099 252500154 Borrower shall not cause or peasit the presence, use, disposal, storage, or relesso of any Hazardous Substances, or threaten to release soy Hazardous Substances, on or in the Ptoperiy. Borrower shall not do, nor allow anyone also to do, anything affecting the Property (a) that is in violation of my Bovaonmemal law, (b) which creates an E[whonmemnt Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adva Wy affects the value of the Propetty. The preceding two seateoom shell not apply to the presence, me, or storage on the Property of aamll quantities of Hazardous Substances tbaM are generally recognized to be appropriate to nand raideadd uses and to maintenance of the Property (including, but not liuktsd to, hazardous substances in consumer produce). Borrower shall promptly give Lander wt$ta s entice of (a) my iavecatigstice, elatm, demand, l wsad or other action by any governmental or ngolaaory agency or private party mrmiving the Property and any Hazardous Substance or Fnvironmmtel Law of which Borrower hue sepal kmowkdge, (b) may Environmental Condifion, including but not Iitnited to, may spilling, lmW& ducharge, rokiam or thtaat of release of my Hazudous Substance, and (c) my condition tensed by the pseseooe, use or release of a 111azardons Substance which adversely aflame the value of the Property. it Harrower hum, or is notified by a ty govemmenud or regolafory authority. or any private that saooyy Tuwval or other tenmdMm of army Hazardous Substance affecting the property is nee my. Borrower shag psosptty take all necessary remedial actions in accordance wide Havitunmentel Law. Nothing herein shaft waft any obligation on Lander for an pmrirenmeatal Clamp. NON-UNIFORM COVENANTS. Batrower and Lendw father covveed and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of nay covenant or agreem" in this Security Indtvment (bat rot prior to actuation wader Section 16 umlas Applicuble Law otbawls* Leader dug notify Borrower o& among other things: (a) the default; (b) the adion ngob-od to care the defank; (c) when the default mast be cored; and (d) that fdlore to care the default ar specified tray result in acceleration of the swan secured by this Security InslrsmaK ftredomre. by judicial proceeding and ado of So Property. Leader shall further Inform Borrower of the right to relatable attar nocalwei a mod the right to avert in the foreclosure proceeding the nan-eotWena of a eladull or any ether defines of Borrower to acceleration mad foredeoum If the default is not cured as specked, Tastier at W option my retpslre imm,10 ' payment in DA or oa some sacred by this Secoslty Instravam t wlltept forger damaad and may farecbese this Semrtty Ion tromtmt by judicial preoae " & Leader dmB be enobal to cow all expeos s incurred in pursuing The romans provided In 61s $eellon 22, breAadlx& but not Imlted to, atteraW fear and costs of took evidence to the statist permitted by Applicable Law. 23. Radome. Upon payment of all suns secured by flit Security instrument, this BoDurby Instrument and the soft conveyed shall % mnate aced become void. After such oomuramq Leader shill diachings ' and seti* this Security Inst ument Borrower shall pay any recordefiom tomb. Leader may charge Borrower a tee for relaxing ibis county tnstnmimt, bat oaely if dw fees is paid to a third pasty for services ranched sad ibe charging tffthe fee is pomitted under ApplI mbie Law. 24. Waivers. Borrower, to the extent paaarised by ApplicWt Law, waives and releases any coos or dafeeb in proceedings to enfbrm this Security Instrument, and hereby waives the bsuadit of any present or fupgo laws providing for stay of execution, extension of time, exemption frog auaehment, levy and sale, and homestead amuption. 21 do t Period. Boaawees time to reiarixt provided in Session 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other ale parr umt b this Security Instrument 26. Pnrehaue Money Mortgage. If of tho debt moaned by this Severity ImtmmmA is lent to Borrower to acquire tite to the Property. this Security Instrument doll be a purchase money mortgage. 27. Interest state Attar Judgment. Borrower algrta that the interest raft payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate Pay" from dtna to lime under the Note. INaYe D4.1 4 ft-WA) Pow Page M ?r to Form 3039 1101 OK178IPG4100 252500154 BY SIONING BBIAW, Borrower aoc" and agrees to the tams and covenapts contained m this Security humor rant and in any Rider executed by Borrower and recorded wim it. i Witnesses: _ (Soon .Boaoww _ (Seal) -Borrower _ (seat) -Borrower _ (sea) .Borrow" -(Sea) -Bon wer (3081) (seal) -Borrower -Borrower 4W(PAt MU) Pop +s or is Form 3030 1101 Lv?. lhl -- (seal) Df1 D N BIIRNLR -Borrower BK 178 1 P64 101 252SO0154 Certlamte of Residence I, ALICIA CAMPBELL , do hereby mr* that the correct address of Via within-named Mo ee is 2929 NORTH R&MMOD, DAUM, TX 75201-1516 Witness my hand this day of ALIC A CA ZLL Agant of Moripgoo COMMONWEALTH OFPENNSYLVANIA, o" dam-- County ss: On this, the 9 -9 p { day of a o a 2-, , before me, the undludgued ofter, pmona* appeared DAVID N RARNER 4VMW*40•ise (err saber kimily proven) to be the ptssong) whose same( is/0 subscribed to the within instrument and acknowledged that hahkakhyt•axemoted the same for the purposes herein contained. IN WrrNESS WHEREOF, I haeunto set my hand and oiLciai seal. My Counni lon Expires: Sad Stan 1L m" i ?gp0p I 16, Milo Mara: 10M ®$LPA) Loon) Pop isats Form 300 1101 BK1781PG4102 SCMMUL$ "A' ALL THAT CERTAIN LOT, PARCEL, PIECE OF GROUND, SITUATE IN WEST FAIRVIEW BOROUGH, NOW WEST FAIRVIEW VILLAGE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBBD AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE WESTERN LINE OF FRONT STREET, TWENTY NINE AND ONE HALF (29 1/2) FEET SOUTH OF THE SOUTHWEST CORNER OF THE INTERSECTION OF FRONT AND MARKET STRM131 THENCE WESTWARDLY ALONG THE CENTER LINE OF LOT NO. 8 ON THE HEREINAFTER MENTIONED PLAN OF LOTS ONE HUNDRED THIRTY NINE (139) FEET TO A POINT IN THE EASTERN LINE OF AN UNNAMED ALLRYj THENCE SOUTHWARDLY ALONG THE EASTERN LINE OF SAID UNNAMED ALLEY, TWENTY NINE AND ONE HALF (29 1/2) FEET TO A POINT IN THE NORTHERN LINE OF LOT NO. 7; THENCE WESTWARDLY ALONG THE NORTHERN LINE OF LOT NO. 7, ONE HUNDRED THIRTY NINE (139) FEET TO A POINT ON THE WESTERN LINE OF FRONT STREET; THENCE NORTHWARDLY ALONG THE WESTERN LINE OF FRONT STREET, TWENTY NINE AND ONE HALF (29 1.2) FEET TO A POINT, THE PLACE OF BEGINNING. I Certify this to be recorded In Cumberland County PA Recorder of Deeds OK1781P64103 VERIFICATION Scott A. Dietterick, Esquire hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificatio71--- Scoft uthori ' s. A. Dietterick, Esquire PA I.D. #55650 Dated: l o aa`c)9 $'1g . 5o PO ATT I at 78901 peril a346(a Sheriffs Office of Cumberland County R Thomas Kline Sher Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILE O- (r T1' -`r 3 2 7 21J Nationstar Mortgage LLC Case Number vs. 2009-7328 David M. Harper SHERIFF'S RETURN OF SERVICE 10/30/2009 02:07 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1407 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David M. Harper, by making known unto Zach Rowe, adult in charge at 98 Front Street West Fairview, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, I November 02, 2009 R THOMAS KLINE, SHERIFF By //"Iz Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, NO.: 2009-7328 VS. DAVID M. HARNER, Defendant. PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued. Respectfully Submitted: JAMES, SNIITH,J)-IETTERICK & DATE: I Lo (D9- BY: Scott A. Dietterick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 OF THE ?<)TAqy 2009140V 10 H 11: cis