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HomeMy WebLinkAbout09-7882IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, NO.: OQ - '78w L'tv it le try Plaintiff, VS. TYPE OF PLEADING NATALIE A. BROSIUS, Defendant. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVft HE" 0R .A DEFAULT JUDGMENT MAY BE 4EVIAGADWYOU. ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 350 Highland Drive Lewisville, TX 75067 AND THE DEFENDANT(S): 801 Old Silver Springs Road Mechanics rg PA 17055 ATTORNEY R PLAINTI 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: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 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 REAL ESTATE AFFECTED BY THIS LdEN IS 801 Old Silve Springs Road, Mechanicsburg, PA 17055 ATTORNEY FO PLA FF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, NO.. Plaintiff, vs. NATALIE A. BROSIUS, 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, NO.. Plaintiff, VS. NATALIE A. BROSIUS, 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. USTED 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 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, NO.: 0 9- 7 7? I Ct, a- -t,, Plaintiff, vs. NATALIE A. BROSIUS, 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, Natalie A. Brosius, is an individual whose last known address is 801 Old Silver Springs Road, Mechanicsburg, Pennsylvania 17055. 3. On or about June 17, 2004, Defendant executed a Note in favor of Plaintiff in the original principal amount of $71,825.00. 4. On or about June 17, 2004, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $71,825.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 21, 2004, in Mortgage Book Volume 1870, Page 1729. A true and correct copy of said Mortgage containing a description of the mortgaged premises 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 October 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. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 86,565.84 Interest through 11/9/2009 $ 2,113.16 Late Charges $ 538.26 Escrow Deficit $ 495.38 Appraisal/BPO Fees $ 12.15 Plaintiff Advances $ 164.17 Less Suspense Balance ($ 571.88) Attorneys' fees $ 1,350.00 Title Costs $ 410.00 TOTAL $ 91,077.08 plus interest on the principal sum ($86,565.84) from November 9, 2009, at the rate of $13.04 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 $91,077.08, with interest thereon at the rate of $13.04 per diem from November 9, 2009, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Respectfully Submitted: JAMES SMITH BY: & CONNELLY LLP Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PA I.D. # 55650 EXHIBIT "A" 7173372248 DEC-28-2007 15 28 PATRICIA BLACK ABSTRACT co / .. R F P. ?.,'Mn yr Ft ;,"I jy VI'111ti' ?1 pill ? 1Q P? B1 Return 1od MA C2111 ,It MEW iQtITY pONB"Y, LLC P.Q. B" 190400, >rML D=2 Dallas, TX 75219 Pamee:! Number. 18-22-0519-0018-Q-G803. 245107043 Ahsve This LAw F°= Raros fttal MORTGAGE DEFINITIONS Words used iu multiple sections of this do=mt arc defieted below and other words am defined in Sections 3, 11, 13, 19, 20 and 21. Ctrtain rules regarding the usage of words used in this document we also provided in section lb. (A) "Seearity Intrament" means this document, which is dated 6/1112004 together v ft all Riders to this document. (0) wIt is tltllTBLIS A 211 011105 AN UMNNWXD Yom Bon'owtr is the mortgagor under this Security Instrument. (C) Iftswerof is G>iwm 8C1I6i EQUITY Cy??yOrlf'+l?2yt r, LLB. L04Cer is a A LLlI= WARILITY 1?H?i AN PENNSYLVANIA - SW& Fan* - Fannie Mnal*addle Mac UNIFORM WS7RUMWN? FWM 339 ia01 4"Al mom raps t of is kslMak; h. 11? VMPM=TGA6KMMS -?MO4?4l--7281 INIM P.18 BK 1 878FU 1729 DEC-28-2007 15:28 PATRICIA BLACK ABSTRACT 71^x3372248 24SID7043 organized and exiwug under the laws or T= STATa Op h]ELamu= Lender's addrm is 2828 M M711 l iOQa DALLAS, TX 75201-1515 Leader is the mortgagee under this Security Instrument. (D) "Note" oceans the promissory note signed by Borrower and dsW 6/17/2004 The Node states that Borrower owes Lender S$V=TY OPM THO A ZIGHT RUN== TM M rim a 00/100 Dollars (U.S. 1 71, 225.00 ) plus interest. Borrower has promised to pay this debt in regular periodic Payments and to pay the debt in full not later than 7/01/2034 (E?.?)y "Property" means the property that is described below under the heading "Transfer of Rights in the aport .R M "IAat." means the debt evidenced by the Note, plus interest, any prepayment charges and late charges duo under the Note, and all sums duo under this Security Instrument, plus interest. (G) "Riders" mops all [ciders to this Security Instrument that are executed by Borrower. The following Riders are to be mcecuted by Barrower [check box as applicable]: Adjttstablo Rafe Rides P Condaminium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider ? Biweekly payment Rider Other(s) [sps4fyj (S) "AppNmble Law" means all controlling applicable federal, state and local atatutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Asammaents" means all dues, fees, assesiona is and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.T) "Meeronie Finads Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similes paper insarummi, which is initiated through an electronic tenrinat, telephonic inatrumcnt, computer, or magnetic tape so as to order, instruct, or authorize $ fnanoial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, trawfers initiated by telephone, wire transfers, and autatuaded clearinghouse transfers. (IM "Escrow Items" means those items that are described in Section 3. (L) "Misealkneous Proceeds" means any eompeasatioo, senleraent award of damages, or proceeds paid by any third party (other Bran insurance proceeds paid under the coverages described in 5etxion 5) for. (i) damage to, or destruckion of, the Property, (n7 condemmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) mist+epresentsttions of, or omissions as to, the value andlor conditiou of the Property. MO "Moripp Insnmece" means insurance protecting Leader agaiust the noupayraew of, or default on, the Loan. (N) " adie PsyvwV1 moans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) nay amounts under Section 3 of this Security Instrment kadak, 40tWAI (roost Pe0624tla ram am lint P.19 OKI87OPG1730 AEC-28-2007 15:28 PATRICIA BLACK ABSTRACT 7173372248 P.20 845107043 (O) "RESI`A" smarts the Real Estate Settlement Procedures Act ((2 U.S.C. Section 2501 td stray.) and its implement6 regulation, Regulation X (24 C.F.IL Pan 3500). as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Semft Instmment, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "Morally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage Ioan" under RPSPA. (1h "Successor its Interest of Borrower" ttteans any party that has taken tick to the Property, whether or not that parry has m=od Borrower's obligaoioms under the Note and/or this Security Insuumeru. TRANSFER OF R1011TS M THE PROPERTY This Security Instrument secures to Leader: (i) the repayment of the Loan, and all renewals, emeoAou and modifications of the Note, and (ii) the performance of Borrower's covamts and agraoments under this Semfty Instrument and the Note_ for this purpose, Borrower does hereby nmrtgage, grant and convey to Leader the Mowing doomibed?ated in the COUNTY f? of Rtamding Jurkdicticm] of C =2&W of Rwotditre Jurisdictionl All that tract; or parcel, of land as sham on Schedule "A" attached hereto mbich is incorporated herein and node a part hereof. which currently has the address of 801 t7W SILVIIR 1BCRAMIC3MG ("pmpcrty Address"): SPRINGS VDAD (CjW I Peaasylvanis (Snead 17050 [Zip Code] TOGETHER WITH all the improvements now or berestter erected an the property, and all easements, appurtanances, and fixtures now or hereafter a part of the property. All rep! cements and additions thrall also be covered by this Security Instrument. AU of the foregoing is referred to in this Security huff went as the ""err' a OftVA) 81{ 1870PG 173 1 iNMW P"6301191 t=olrn $039 1101 DEC-28-2007 15:28 PATRICIA BLACK ABSTRACT 7173372248 P.21 245101043 BORROWER COVENANTS that Botr0wer is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, mwept for encumbrances of record Borrower warrants and will defend generally the title to the Property against all chime and demands, subject to any encumbrances of record. THIS SECURITY iNSTRUMM combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real Properly- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Pstyment of Principal, Interest, Escrow IItetus, Prepayment Clstuges, and lane Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenood by the Note and any prepayment charges anti liras charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. Howevar, if any chair or other instrument received by Leader as payment under the Note or this Security lusmstnent a returned to Lender unpaid, Lender may require that airy or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) cemtifred check, bank chock, treasurer's check or cadtier's chute, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, bratrnntteatality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by bender when re mivcd at the location designated in time Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial paymai t if the payment or partial p"ents are insufrwAeot to bring the Loan tenant. Lender may accept any payment or partial payment insuffrciestt to bring the Loan currem, without waiver of any rights hereunder or prejudice to its rights to refuse suds payment or partial payments in the future, but Leader is not obligated to apply such payments at the time such payments are acee3,ted. If each Periodic Payment is applied as of its scheduled due data, then Lender need not pay interest on unapplied funds. Licular may hold such unapplied foods until Borrower makes payment to bring the Lon current. If Borrower does not do so within a reasonablo period of time, Lender ,ball either apply such funds or return theta to Borrower. If trot applied emliar, such funds will be applied to the outstandina principal balance under the Note anmedietely prior to foreclosure- No offset or claim which Borrower might hays now or in the future against Lender "I relieve Borrower from tra ing payments due under the Now anti this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise: described in this Section 2, all payments accepted and applied by Lander shall be applied in the following order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in whirrs it became due. Any rem%kdq amounts shall be applied first to late charges, second to any other amounts due under this Security Instn went, and then to reduce the principal balance of the Note. If Leader receives It payment from Borrower for a delinquent Periodic Payment which includes a sugicient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late cbwge. If moue than one Periodic Payment is outstanding, Lender may apply any Payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in pnluels:???i 02) 4ft4KPA) MM) Paps m is Form 8038 1/01 BK ! 870riG 1732 7173372248 DEC-28-2087 15:29 PATRICIA BLACK ABSTRACT 245107043 full. To the extent that any excess exists after the payment is applied to the full payment of ono Or more Periodic Psymants, such excess may be applied to any late charges due. Voluawy prepayments shall be applied Fast to any prepayment charges and then as dese.6bed in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fouvis for Escrow amen, Borrower shall pay to Lander on the day Periodic Payments are duo wader the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for., (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Prop"; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any anti all nosunmee required by Lender under Section 5; and (d) Mortgage Insurance premiums, if awry, or any sums payable by Borrower to lender in Mou of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items an called "Escrow Items." At origination or at any time during the tam of the Lawn, Lender may require that Community Association Dues, Fear, and Asscastnents, if any, bt escrowed by Borrower, and such dues, fees and assessments shalt be an Pacmw Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Sarrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any lima Any such waiver may only be in writing. In the event of such waiver, Borrewcr shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds des bean waived by Leader and, if Lender requires, shall furniatt to Lender receipts evidencing such payment within such time period as Lander may require. Borrower's obligation to make such paym cents and to provide receipts shall for all pwposm be deemed to be a covenant and sgrasnvM contained in this Security Imstsvment, as the phrase "covenant and apvemettt" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver. and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lander any such amount, Lender tnay revoke the waiver as to any or all Escrow Itorns at any time by 4 notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender till Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (n) sufficient to peavtit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under ROSPA. Lander shall estate the amount of Funds due on the basis of current data and reaumble estimates of expenditures of future Bsam Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrurnenta *, or entity (including Lender, if Lender is >ap institution whose deposits are so insured) or in any Federal Home Loan Dank. Lender shall apply the Funds to pay the Escrow Item no later than the time speciGod undo; RESPA. Lender shall not a Borrower for holding and applying the Funds, annually anely-Ang the escrow account, or verifying the Rsomw Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits lender to make such a charge. Unless an ai roomant is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall mat be required W pay Somoweir any Interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the ft4rA) PM) Papa 5 of IM 1161- Fans 3M 1101 P. 22 $!C 18 70FG 1733 7173372248 P.23 DEC-28-2007 15:29 PATRICIA BLACK ABSTRACT 245107048 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RBSPA. If there is a surplus of Funds held in escrow, as defiled under MPA, Lender shall account to Borrower for the excess funds in accordance with RSSPA. If there is a shortage of Funds held in escrow, as defined under RBSPA, Leader shall notify Borrower as required by RBSpA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RMA, but in no more than 12 tnotdhly payme ri s. If there is a deficiency of Funds held in escrow, as defined under RBSPA, Lender shall notify Borrower as requinxl by RESPA, and Borrower shall pay to Lender the amount necessary to ttmke up the deftawy in accwdance with RESPA, but in no more rhea 12 motably paymatta. Upon payment in full of all sutra scoured by this Security Instrument, Leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, asses , charges, furies, and impositions attributable to the Prop" which can attain priority over this Security bm*u amn leasehold payments or gwwdd rents on the Property, if soy, and Community Association Dues, Fees, and Asse sstne als, if any. To the mom that these items are Escrow Items, Bozmwer shall pay them in the nranaer provided in St:cum 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Baarower: (a) agrees iu writing do the payment of the obligation secured by the lien it a manner acceptable to Leader, but only so long as Borrower is performing such agreement; (b) conmu the lien in good Earth by, or defends against enforcement of the lien in, legal proceedings which in Leader's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only unO such proeeedrigs tine concluded; or (c) secures from the holder of the lien an agreement satisfactory to Under subordinating the liom to this Security htstrumant If Leader determines that any part of the Property is subject to a lieu which can attain priority over this Security lasteumeat, Leader may give Borrower a notice identifying the lien, Within 10 days of the date on which that notice is given, Borrower shelf satisfy the lien or take ono or aioae of the actions set forth Wxwe in this Seelion 4. Loader ruy noguire Borrower to pay a one-time charge for a real estate tax vetifac Wn andlor reporting service used by Leader in connection with this Loam. 5. Prep" mantra. Borrower aitall keep the improvements now existing or hereafter erected on the Property insured against loss by fn'e, hawds included within the term "extended coverage," and my other hazards ineWag, but not limited to, earthquakes and floods, for which Lender requires insurance. This iatnurauce shall be maintained in the anrounts (including deductible levels) and for the periods that Leader requires, What Lender requires purse o to the preceding seatnum can change during the tam of the Loan. The insurance carrier providing the insurmce shall be chosen by Borrower subject to Lander's right to disapprove Borrower's choice, which right shall not be exmised unreasonably. Leader may ragvire Borrower to pay, in connection with this Leven. either: (a) a one-time charge for flood zone determination, caetsficabon and tracking services; or (b) a ons-time charge for flood zone determination and certification services and subsequent chimes each time ranappmgs or sfr ibw changes occur which reasonably might a g d such dwartriinsion or certification. Borrower shall also be responsible for the payment of any fees unposed by tit Federal EuMcney Man cunt Agency in connection with the review of any Hood zone determination resulting from an objection by Borrower. 4WW"a ems, Pape a of le tnm"' r Fmm 3M 1101 BK f 870PG 1734 7173372248 P.24 DEC-28-2007 15:29 PATRICIA BLACK ABSTRACT 245207043 if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lenders optiem and Botrowe es expanse. Lender is under no obligation to purchase, any particular typo or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the property, against my risk, hazard or liabi ty and might provide greater or lesser coverage then was previously in effect Borrower aci nowtedge s that the cost of the insurance coverage so obtained might sigaifteantly eXceed the cost of insurance that Borrower could have obtained. Any amounts disbarred by Leander under this Stealer 5 shall became additional debt of Borrower secured by this Security losautu at. Theme amounts shall bear interm at the Noto rate from the date of disbursement trod shall be payable, with such inteerest, upon tu'>tice from Lender to Borrower requesting payment All insurance policies vaquired by Lender and rmnewals of such policies shall be subject to Lender`s right to disapprove such policies, shall include a standard nw%W clause. and shall name Lender as mortgagee and/or as an additional toss payee. Lander shall have the right to hold the policies and renewal certificates. If Lender requhva, Borrower shall promptly give to Lender all receipts of paid promiuma and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. To the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. LtaWer tray make proof of loss if not made promptly by Borrower. [!mesas Lender and Borrower otherwise regret in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shalt be applied to re s;toraaou or repair of the Prope M, if the reatorarian or repair is economically feasible and Lender's security is not lessened. During such repair and restoraWn period, Lender shall have the right to hold such insurance proceeds until Lender has had an Opportunity to inspect such property to ensure the work has beta c aptoW to trendar's satisfaction, provided that such inspection shall be undertaken promptly. Lender raay disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the wont is completed. Union an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lander shell not be required to pay Borrower any interest or earnings an such proceeds. Pees for public adjustor or other Hurd puOcs, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lenders security would he lesserined, the insurance proceeds shall be applied to the sums secured by this Security Iasontmerit, whe titer or not rhea due, with the excess, if any, paid to Borrower. Such insurance proceeds shell be applied in the order provided for in Section 2. If Borrower abandons the Property, Lander may fife, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Leander that the insurance cartux has offered to sdde a claim, then Lender may negotiate and settle the claim. Ile 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lander (a) Borrower's rights so any insurance proceeds in an amount not to exceed the tunounts unpaid under the Note or this Security Instrument, and (b) any otter of BS>mwer'a rights (oar than the r*M to any refund of unearned premiums paid by Borrower) under ail insurance policies covering the Property, insofar as such rights are applicable to the coverage of tie Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security It>,St mznt; whether or not then due. IM,Pa a=) new7arls ,...ice fehrtn Ilat BKI870FG 735 DEC-28-2007 15:29 PATRICIA BLACK ABSTRACT 7173372248 245107043 L Oecupancy. Borrower shall occupy, establish, and use the Property as Botrowees phircipal re ddence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Horrower's principal residenea for at Ieast one year afle;r the data of occupancy, unless Leader otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances mist which are beyond Borrower's coatroi. 7. Presrrvalion , Maha nance add Protection of the Property; ImpteetiolaL Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Oonvwer shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restmoon is not economically feasible, Borrower shag promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or con4mnstion proceeds are paid in connection with dasnega to, or the taking of, the Prop", Borrower shall be responsible for repakihlg or hcuaaing the Property only if Lender has released proceeds for such purposes. Leaden 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 insurance or coon proceeds are not sufficient to repair or restore the Property, Borrower is trot ttdieved of borrower's obligation for the completion of such repair or rastondion. Lender or its agent may make reasonable entries upon end inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrown's Loan AppUcadm Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowees knowledge or canstct gave materially false, misleading, or inaccurate information or statements to I.endar (or failed to provide bender with material information) in connection with the Loan. Material representations include, but are not limited to, representatious concerning Borrower's occupancy of the Property as borrower's principal residence. 9. Protection of Leader's Interest in the Property arty Rights Under this 5acerity Instramat if (a) Borrower fails to perfotm the coveamts and agreements coutamed in this security instrument, (b) dMe is a legal proceeding that might significantly affect Leader's interest in the Pmperty and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condamanda or lbrfsitwe, for eafmetrnent of alien which may attain priority over this Security Instrument or to enforce lawns or regulations), or (c) Borrower has abandoned the Property, then Lander may do and pay for whatever is reasonable or appropriate to protect Lender's intwest in the Property and rights under this Security maroontent, including protecting and/or assessing the value of the Property, and securing and/or mpairag the Property. Leaders actions can include, but are not limited to: (a) paying any aunts scoured by a lien which has priority over this Security Instrument; (b) appearing in court; and (e:) paying unable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, inchtdfng its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, cbaage locks, mplece or board top doors and windows, dtain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although tender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ems: 4k-RPA) (utter a.9. e ? is j913 FoM3M 1181 P.25 8K 187OFG 1736 DEC-28-2087 15:30 PATRICIA BLRCK ABSTRACT 7173372248 P.26 245107043 Any amounts disbutsed by Lender under this Section 9 abed become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbhusemert and slush be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Insnnanaent is on a leasebold, Borrower shall comply with all the pmvisioais of the lease. If Borrower acquires foe title to the Property, the loasebold and the fee title shall not merge unless Lander agrees to the merger in writing. 10. Mortpge insurance. If bender required Mortgage Insu raft as a aonditim of maidag the Loom, Borrower shall pay the premiums required to maintain the Mortgage Insurance m effect. If, for any reason, the Mottgap Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was rupired to tnake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pr outiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Rom"M of the Mortgage Insurance previously in effect, from an eltemate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lander the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in liens of Mortgage Insurance. Such loss reserve shall be nnrn-refundable, notwithstanding the fad that the loan is ultimately paid in full. and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no koger require loss reserve payments if Mortgage Imurahrnce coverage (in the areount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the praniums for Mortgage Iahaenanc . If Leader required Mortgage Insurance as a condition of malting the Loath and Borrower was required to make separately designated payments toward the premiums for Mortgaage Insurance, Borrower shall pay the premiunra required to maintain Mortgage Insurance in effect, or to provide a aeon refundable toss reserve, until Lender's requvemment for Mortgage Insure= ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage bmwance reimburses Lender (or any entity that purchases the Note) fbr certain losses it may brow if Borrower does not repay the Loan as agreed. Borrower is not a patty to the Mortpgo Insurance, Mortgage insures evaluate their total risk on all such insurance in forec from time to time, and may enter into agrmnaats with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that our satisfactory to the mortgage insurer and the other party (or parties) to time agreemmts. These aVvetneuts may require the mortgage insaror to mike payments u M any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance Premiums). As a result of these agreements, 1. eaft, any purcchav of the Note, aootber insurer, airy reinsurcr, any other- entity, or any affiliate of any of the foregoing, may receive (directly or mdireotly) amounts that derive From (or alight be c muterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for shuft or modifying the mortgage insurer's risk, or reducing losses. If such agmemeat provides that an affiliate of lender takes a shore of the itsurees risk in exchange for a share of the premiums paid to the insure[ the arrangement is often utmed "captive reinsurance." further. (aa) Any moil agreements wM not affeet the amounts that Iltonuwar has agreed to pay for Mori phge IImn ace, or any other terms of the Leath. Such agreetents wllt not hureese the amount: Borrower wdi mine for Mortgage rnssurnam and they win not entWe Borrower to any retand. WMW663 ftWA) Wane) ftw e ctis Form 3W Im BK1870PG1737 DEC-28-2087 15:30 PATRICIA BLACK ABSTRACT 7173372248 P.27 245107043 (b) Any sack agreesreuts WIG act affect On rights Borrower lout - if any - with respect to the Mortgage Insurancr under the Homeowners Protection Act of 1998 or any other kw. Those ruts may Joclade the right to roceivt cutaln disclosures, to request and obteds eancalkiloo of tine Mortgage Twora eat to forgave the Mortgage Insurance teradasted auteattrtkalsy, and/or to receive a rd m d of any Mortgage Insurance prembess that were twearned at the taro of such cancellation or (a mbatian. 11. Assipmert of Miscellaneous Proceeds; ForFcture. All Miscellaneous Procaft arc hereby assigned to and shall be paid to Leader. If the ?Marty is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is ecothontically feasibly and Landees scority is not lessened. During such repair and restoration period, Lender shall have the tight to bold such WsWlaneoua Proceeds until Leader has bad an opportunity to inspect such Property to ensure the work has been completed to Lentdees setislaotion, provided that such inspection shall be undertaken promptly. Leader may pay for the repen and resunition in a single disbmu meni or in a series of progress payments as the work is completed. Union an agreement is made in writing or Applicable Law requires btterest to be paid on such Misaelhneous Proceeds, Lender shall not be required to pay Botmwer any interest or mnhW on such M6calhanoaas Prooeo& if the restoration or repair is not economically feasible or Lenders security would be loosened, the Miscellaneous Pr+ocpads sbell be applied to tho sums retained by this Soenrity Instrument, whdher or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking. desty x6m, or kiss in value of the Property, the Whoellaaeous proceeds shall be applied to rho sums secured by this Security ]nsitumant, whether m not then due, with the excess, if any, 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 inunediately before the pstdnl taking, destruction, or loss in value is equal to or greater than the amount of the sums gecured by this Security Instrument bmnWixtoly before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sutra secured by this Security instrument Anil be reduced by the amount of the Miscellaneous Proceeds uucltiplred by the following Bactioa' (a) the total aooum of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of to Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the avert of it partial taking, destruction. or loss in value of the Property in which the fair market value of the Property immediately before the patlial taking, destruction, or loss in value is Ion *an to amount of the sums swoW immediately before the partial taking, destruction, or loss is value, unless Saerower and Lender otherwise agree in writing, the Miscellaneous proceeds shall bo applied to the sums secured by this Socurq Instrument whether or not the sums are than due. If the Property is abandoned by Borrower, or it; after notice by Lender to Borrower that the Opposing Party (*a defined in the Herat sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to l ondar within 30 days attar the date the notice is given, Leader is autborit7ed to collect mW apply the MisMianeous Proceeds either to restoration or repair of the Prop" or to the stuns segued by this Security Instllrtnow, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of acticm in regard to Miscellaneous Proceeds. Borrower shall be in default if any action of proceeding, whether civil or criminal, is begun that, in LandWs judgment, could result in Oxfaiture of the Property or other material impairment of Leader's interest in the property at rights under this Security Instrument Borrower cat cure such a deftult and, if aeeeleralion has occuirod, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Le nder% judgment. Precludes forfeiture of the Property " other material impairment of ® PAI M* Noe to of 16 Form 3M 1101 B1t 1873PG 1738 DEC-28-2007 15:30 PATRICIA BLACK ABSTRACT 7173372248 P.28 245107043 Lagdoes interest in the Property or ri,$ M wider this Security Instrument. The proceeds of any award or claim, for damages that are attributable to the impairment of Lender's inteml in the property are hereby assigned and" be paid to Lender. All Misoallaneous Proceeds dvA are not applied to restoration or repair of the propoty shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security In omumt $raiated by Lender to Bouvwer or any Successor in Interest of Borrower shall not opwate to release the liability, of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence ptnceodings against any Successor in Inteteat of Borrower or to refuse to extend time for payment or otherwise nnodify amortization of the sum secured by this Security lastntment by reason of any demand made by the original Borrower or spy Successors in Interest of Borrower. Any forbearance by Lender in exercising any tight or remedy including, without limitation, L.eudees acceptance of payments from third persons, attities or Successors in Interest of Borrower or in amounts Ieas than the amount then due, "I not be a waiver of or preclude the exerclae of spy right or remedy. 13. Joint erred Several Liability; Co-dVe s; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However. any Borrower who oo-sips this Security Itmsta n}ent but does not eaecute the Note (a "co-signer"): (a) is co-signintg this Security htqutmaat only, to mortgage, grant and oonvey the co-signets interest in the Property under the tams of this Security hmizorut; (b) is not personally obligated to pay the some secured by this S=w* Instrument; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrutaco or the Note without the co-signer's Consent Subject to the provisions of Section IS. any Successor in Interest of Borrower who assutim Borrower's obligations under this Security Instrument in writing, and is approved by Lewder, shall obtain all of Borrower's rights and benefits under this Security Instrumont. Borrower shall not be released from Borrower`s obligations and Liability under this Sema* lrnstntment union bander agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. L mn Chsirges. Lender may charge Borrower fees for services performed in connection with BorrowWs dektlt, for the purpose of protecting Lender's interest in the Property and rights uWm this Security Instrimaw , inclu b", but not limited to. attorneys' fees, property inspection and valuation fees. In regard to any older face, the absence of express authority in this Security Insttumwt to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such tee. Lender may not charge fm that are expressly pmhihited by this Security Instruuaent or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is ftoQy ioterpretad so that the interest or other loan charges collected or to be collected in camtection with the Loan exceed the permitted limits, than. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pewkW Iimity and (b) any sums already collected from Borrower which exceeded permitted limits wilt be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Nola or by making a direct payment to Borrower. If a refund reduces principal, tho reduodou will be treeted as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any suds raiiumd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. &Aam, WA) ""I PV•+I co 16, Form 3M 1101 6K 1870PG 1739 DEC-28-2087 15:31 PATRICIA BLACK ABSTRACT 7173372248 P.29 245107043 15. Netlees. All notices given by Borrower or Leader in connection with this Security Insuumrent must be is wridag. Any notice to Borrower in connection with this Security Instmt=t shall be dverned to have been given to 8oarower when mailod by fast class mall or when actually delivered to Borrower's notice address if sons by other means. Notice to any one Borrower shall constitute notice to aA SoMmm unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has desigawd a substitute notice address by notice to Landes. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Baarowd: change Of address, than Botrower shall only report a change Of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one tithe. Any notice to Lender shall be given by delivering it or by waiting it by fast class trail to Lenders address stated beran unless bender has designated srwther address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deeanad to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the eorrcspondkg: requiremrew under this Security Instrument. 16. Govetshig Law, SevauNiity; Rules of Const mation. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the pardes to agree by contract or it right be silent, but such silence, shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Svoudty Instrument or the Note conflicts wren Applicable Law, such conflict shall not affect Other provisiow of this Security Insburmnt or the Note which can be given effect without the conflicting provision. As used in this Security Inst meant: (a) words of the masculine gender shall mean and include cocsponding noutw words or words of the feminine gender; (b) words in the singubw shall ate$a and include the plural and vice verse; and (e), the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given out copy of the Note and ofthis Security lnstrument. 18. Traxsfer of the Property or a Bart dkW Interest In Borrower. As used is this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, iacludiu& but not limited to, those beneficial interests transferred in a bond for died, coaMict for deed, installment sales contract or escrow agreement, the intent of which is the ttanafor of title by Borrower at a futt rc date to a purchaser. If all or any part oftlre Property or any Interest iu the Property is sold or urn &nv d (or if Borrower is not a risk" person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate paynumt in full of all sums secured by this Scomily Instnmreut However, this option shag not be exercised by Lander if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acrAcration. Thv notice shall provide a period of not less them 30 days from the date the notice is given in accordance with Section Is within which Borrower must pay all sums secured by this Security Instrratern. if B*rmww fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without Audw notice or demand on Borrower. 19. Borrower's Right to Mutate Alter Ae larsitios. If Borrower reeds certain conditions, Borrower shall have the right to have enforcement of this Soma* Instrument disc rti ued at any time prior to the earliest of, (a) rive days before sale of the Propwty pursuant to any power of sale contained in this Security Instrument; (h) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (o) eaby of a judgment enforcing this Sam* Insttumtent. Those conditions are that Borrower: (a) pays Lender all sums which than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) dues any default of any other covenants ar agreements; (c) pays all -4(PA) (00081 palp.t2of IS "ift, Form 4M 1141 BK1870PG1740 7173372248 P.30 DEC-28-2007 15:31 PATRICIA BLACK ABSTRACT 245107043 expenses insured in enforcing this Senility Insmunent, including. but not limned to, reasonable attorneys, fees, property lion and valuation fees, and other fees incurred for the purpose of protecfstg L=dca's interest in the Property and rights under this Security Insttummnr and (d) takes such aatiou as Fonder may reasonably require to assure tbat Landees interest M the Property and rights under this Security lumument, and Borrower's obligation to pay the sums secured by this Security Iestrumau% shall continue unchanged. Lender tray require that Borrower pay such reiastateent sums and expsnsar in one or mater of the following forms, as selected by Lender: (a) cosh; (b) money order; (c) eeatified check, bank check, treasurer's chock or casbices check, provided any such check a drawn upon huh institub m whose deposits are insured by a federal agency, instrumentality or ezarty; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instramont and obliga0ons segued hereby shall remain fully effective as if no acceleration had occurrod. However, this right to reinstate shall not apply in rate case of acoett*ation wader Section 18. 20. Sale of Nett; Chastge of Loan Service[; Notice of Grievance. The Moto or a pettier interest in the Now (logo her with this Security Instrument) can be soli one or more titres without prior notice to Borrower. A We might result in a change in the entity (known as the "Loan Service[") the callow Periodic Payments dun: under the Note and this Security Instrument and perforhas other mortgage loan servicing obligations under the Noto, W6 Security lustruntent, and Applicable Law. These also might be one or more changes of the Loan ferries unrelated to a sale of the Note. If there is a ebange of the Loan Service[, Borrower will be given wrium notice of the csege which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information MPA requires in connection with it notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Service[ other than the, purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servieer or be uansfcrxd to a awcer Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neatber Borrower nor Lender may commence, join, or be joined to any judicial orxiou (as eithw an individual lidp mt or the member of a class) that wises Liam the other party's actions pursuant to this Security Instrument or shat altages that the other party haw breached any provision of, or any duty owed by reason of, this Security Inatrimrent, until such Borrower or Lender has notified the other party (with such notice given in camphoce with the requirements of Section 15) of such alleged broach and aft dad the other party hereto a reasonable period after the giving of such nodes to take corrective action. If Applicable Law provides a time period which roust d pre before cerw o action, can be taken, that time period will be domed td be reasonable for purposes of this paragraph. The notice of ac hmtion and oppmRtmity to cure given to Borrower pursuant to Section 22 and the notice of AcceleratiRn given to Borrower purest to Section 19 shall be deemed to satisfy the notice and opportunity to tare corrective action provisions of this Section 20. 21. Haartrde s Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoWe, kerosene, other flammable, or toxic petroleum products, toxic pesticides and herbicide, volatile solvents, materials containing asbostos or fornuMehyde, and radioactive materials; (b) 'Havironmental Law" means federal laws and laws of the jurisdiction where the Property is located that retw to bra . safety or enviromt?eotal protection; (c) "Enviroamental Cleanup" includes guy response action, remedial action, or removal adios, as defined in Environmental Law; and (d) an "8avifonmenud Condition" means a edition that can cause, eontrs mte to, of otherwise trigger an Environmental Cleanup. ftWA) smolt Faye 13 of to WkW1 Y)2 form 3030 rot BK 187 ON" 1741 DEC-28-2007 15:31 PATRICIA BLACK ABSTRACT 7173372248 P.31 245107043 Borrower shall not cause air permit the presence, use, disposal, stomap, or rdme of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is is violation of any Environmental Law. (b) which creates an Envirowmeatal Condition, or (e) which, due to the presence, use, or release of it Hazardous Substawc, oraates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that ate golly recognized to be M to to normal residential uses and to maintenance of the Property (faulted gin , but not limited to, hazardous substances is cans aner products). Bomwer shell promptly give Leader written notice of (a) any investigation, chary demand, lawsuit or other aetiosr by any governmental or rtguktosy agency or private perh? iavoMm the Property aced any Hazardous Substance or 8nvkom ncuW Law of which Borrower has actual knowledge, (b) any Bnvirantnental Condition, including but net limited to, any spilling, la*jug, dischotgo, release or threat of release of say Htwdoua Substance, and (c) any eorAtion caused by the preaeace, use or rely of a HazWous Subswnos which adversely affects she value of the Property. If Borrower Was, or is noOW by my govamnent I or regulasary authority, or any private party, that any removal or other rernediation of any Hu ardouas Substance a" ecmrg the Property is neoossary, Borrower shall promptly take all necessary remedial actions in accordance with 8nviron n anal Law. Nothing herein shall create any obligation on Lender for an Eravimmneum? Cleataup. NON-UNIFORM COVENANTS, Borrower and Leader further covenant and agree as follows: 22. Acedwa6m; Remedies. Lender shop give notlor to Borrower prior to accolandoa fo8otwing Ber ralrer's breseb of any covenant or agrseaaght in Gis Security Instrnttrent (bat not prior" to secdenstieaa ender Section 18 armless Applicable Iaw provides otherwise). Laader sM1 a k* Borrower j sunm other thbp*. (a) rise Odsurlt; (b) the action rtxlnkvd to con the ddm*; (c) when the ddahh %% be eared; slid (d) that faahwe to cure the ddxolt as spacillled may rattle br accelamden of the sums secarad by this Seoarity Insmsama, (onwinsure by judicial praceedfing and sale of Ow Property. Lander shell farther Inform Borrower of the right to reinstate after seederatian and the right to assert in the favdonn preetedhg the nowakteance of a deficit or an other defose of Barr wer to aecderadon and fereelosam if the dahalt is not cared as speelBad, Lmder at its option may require inuoedlate psysomt In Taal[ of an auras secured by this Secdrtty lnstrtts t without forthsr dtmaad and may foreclose this Setaaity Inatraraeat by f adield proceeding. Larder absill be entitled to coMeet an expenses Imurred In parsWag the remedies provided In this Section 22, bwkWiog, but not Smited to, nttdrneyO foes aced mu of title evidence to lira a rtent pandited by Appllabta Law. 23. Release. Upon payment of all sutras secured by this Security Instrument, this Security Instrument and the eaace conveyed shall terminate and become void. After such occturence, Larder shall discharge and satisfy this Security histrusn at. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security lattrument, but only if the fee is paid to a *ird party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent pwmrttad by Applicable Law, waives and releases any eror or defects in pmosedings to onforce this Security Instrument, and hereby waives the benefit of any present or future laws: providing for stay of execution, extension of time. exemption from attachment, levy and sale, and homestead ta 25. Reinstaattaanent Ptn"lod. BarrowWs time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sberitf's sale or adw sale pursuant to this Security Instrument. 26. Parehm Mosley Mortgage. If any of the debt secured by this Security Iashu art is lent to Borrower to acquire title to the Property, this Security lusirumAnt shall be a purchase money mortgage. 27, Interest Rata After 4adgment. Borrower agrees that the into est rate payable after a ludgamt is catered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Nate. fte") PM) Ps" iced 0. DOMW r tL- Form tiM 1101 5K1070FGi742 DEC-28-2087 15:31 PATRICIA BLACK ABSTRACT 7173372248 P.32 245107043 BY SIGNING MMOW, Borrower accepts and agrees to the berms and covenants ooumhW in this Security Instrument and in any Rider courted by Boroewer and recorded with it. witnemes: I?7?2. I A SIdO t7s (Seal) goirower - (Saw) -Btmrower (Seal) - - (Seri) -Ekmww Do"W" (seal) - (Seat) -Bmr~ •B=war (Sea!) (Seal) Ece bwer -3a wu 4ftAPA) (am) Pape t 4 of 16 Fo nw aoa! 1101 BK1670PG1743 DEC-28-2007 15:31 PATRICIA BLACK ABSTRACT 7173372248 P.33 245107043 BY SIGNING HTL,OW, Borrower acc" and agrees to the terms and comards coot fiW in this security Instrument and iu any Rida exeeuud by Borrower and recorded with it. Witnesmes: +a-&Wp,4t,? ???? x ?? aaas=us (SM4 -zoo (seal) -horror (Sdw) -rurmwer _ (Seel) -saftwm (seal) ?-- (Sea!) -&umWar -84nwa 4WA) toow) _ (Seal) (SM) -Dmmwcr -Somwer NIP 15 of 1r; Fonu WU IMI BK 187OPG 1743 7173372248 DEC-28-2007 15:32 PATRICIA BLACK ABSTRACT 245107043 Card icatt: of Itesidatce 1, 3iilM 1sQ 1YA , do hereby certify that the correct address of the with- mmned Mo?g?g 3s 2828 NOM JUkMK D, ?11?11?S.S.S, YX 73201-1526 f7 ?/? Witness my hand this / day of L)Unt- 9-06 -' ra,UAW,4 dtv-L06Ub6 liAAZA 1MFMA AgnntorMiatb+egap COMMONWEALTH OF PENNSY,LVAN A, Cum On This, the I,7ty / day of a Qt) "- undersigned officer, pmonaify appeared gUfU_ XATALIR A $ROSIQS C.attnty as: , before mc, the P.34 known to me (or satis,f tctorily proven) to be the person(s) whose Asme(s) is/ ubscribai to the within. i0stunmi and acknowledged t6a",ilshe/tiW axemed the soma for the purposes herein contWnetf. !N WITNESS WHEREOF, 1 hmunto set my hand and offic at maL My Commission Expires. l+tatt?l Seal Public g" Noll vwwie S. 8gld L,ly C NrMllgg4t1'M#res N8u 30, Ot NO?tieS ft4VA) MW T4t Title of Offlaw Pepe Is co +a ,,0&A,eA1UA' bi InNata: ft V., •??,?' . ?. , v.t; ±• ya f n fi frmm" 1101 B1t1870PG1744 DEfC-28-2007 15:32 PATRICIA BLACK ABSTRACT 7173372248 P.35 , eh A legal description ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. et seq. (Purdon Supp. 1987), by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985 and recorded on August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium, dated December 31, 1985 and recorded in December 31, 1985 in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987 in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, and further amended by a Fourth Amendment to Declaration of Condominium dated November 10, 1987 and recorded on November 30, 1987 in the aforesaid office at Miscellaneous Book 343, page 368, and further amended by a Fifth Amendment to Declaration of Condominium dated April 14, 1988, and recorded on April 18, 1988 in the aforesaid office at Miscellaneous Book 348, page 868 being and designated in such Declaration, as so amended, as Unit No. 801 as more fully described in such Declaration, as so amended together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record., including (but not limited to) those contained in the instruments recorded in the aforesaid office in Miscellaneous Book Vol. 304, page 227 and Miscellaneous Book Vol. 304, page 566. Being the same premises which Christopher D. Cremo and Susan M. Cremo, husband and wife, by deed dated June 14th, 2004 and which is intended to be recorded herewith in the Cumberland. County Office of the Recorder of Deeds, granted and conveyed unto Natalie A. Brosius, Mortgagor herein. $K 18 70PG 17 45 ?173372248 DEC-28-280? 15 32 PATRICIA BLACK ABSTRACT 245307043 CONDQMIN11M RIDER TIRIS CONDOM NIU54 RIDbR is mhde this 17th day of JIJIlM , 2004 , and is kwrpmmvd info and shall be deemed to smand and suppiament the mortgsgq feed of TmW or Security Revd (*e "Sec twky Irts4ftµRent") of the mm date given by the undamped (Ibe "Borrower") to sacute BormwtYs Note to cJQITlR7[ t 20ITY COOIEcA", LLC (rge 'bender") of the some date and onvering the Rwmy described in the Security Instevmem and Ingle! at: 603 ow SILt/n $PRIAM$ FARD W2=10ICS UM, Pit 17050 lrmoatr Added The property iswhrdes a UOO m, fogmber with an Undivided interest in the corm m elements of, a condominium projatR known as; Nxialm vrLTIAg/julcmic5mm tNalRS of Cmdami llum Pm*ti (the "Condumioium Pnojacr). If the owlim aaaociation or other entity whieJt acts fee fps Condomlttium f'MetSd (the "Owom Aemoimion") holds tide to ptapwq for the benefit en use of its manbws or Sham boldera, the Property also includes RMaww's inttr'eat in the Owners Association and the uses, proveeds and benefits of Bannwe's fim at CONDOMMIIJM COVI&NAMS. IA addition to the covenams and agree =u msde in am Samnly Inelmrnent, Itm"w and Under furlhar covermn and ague as follows: A. Com6mbdvm OUpdons. Jtoc+cww shall perform all of $arrawsr'e obligatium under the Condominium Pmjwfs Consdtum DomincaLs. The "Constiutdtt mm meats" bars 11te: (r) Deelstation or any mbx deoument which creates the Condominium Pmjeot: (ii) by-taws; (iii) code of regubltiom and (iv) odzr etpdvalem dmumrmts.11orrower dWI promptly pay, wben due, al1 dues and assessments imposed pursuant to the Constituent Documaab. MUL70TATE Ot7NbOMg/RUyt JUDIM -801110 Family- Fannlr 11400F S&W Mae UNIFORM tNSTYANAIM 4ft"(ffm Fotnl31 Page 10!9 InIYWa; %W MORMAGE FORMS -gtoo)521- ININN P.36 OK 1870Flu" i 746 7173372248 P.37 DEC-28-2007 15:32 PATRICIA BLACK ABSTRACT 2`5107043 & 11jumd Imurafes. So rang as the Owners AsaoCiatiaa meinmm9, With a geWaliy accepted ins:nenae eager, x "master" or "blanket" policy on itse Condomiaipnu Project which is satisfactory to Lender ad which provides Insurance eovarage in the samsi% for the periods, and aAaiost the harards Leader requires, including fat and havsds isoluded wittdt the term "extended coverage," then: (h) Leader waives the provision in Uniform Covenant 2 for the moat payment to Lander of the yearly premium m t %YAM s for harxrd Mum= on the Properly: and (ii) Borrower's obligation under V aiform Covenant 5 to maintain hazed insuranoo overage on The Property is deemed satisfied to the extend that the required coverage is provided by the Owners Asaooia M poHCy, Borrower shall givs Lender prompt notice of my bpse in required hazard insuraom overagm in the event of a &stribution of hazard ias%mm proceeds is lieu of reslotafm or repair following a logs b the Properly, whether to the unit or to Mamah elements, say proceeds payable to Borrower are hereby assigned and shad be paid to Lender for applizatioa to the sums secured by the Security Insu% meet. . wish any excess paid io Borrower C. FdAls L 1y imu nce. Borrower shill take such actions as may be reasonable to Ware that the Owners Association maintains a public liability insuraaee poWy xemptsble in form, amount, and exlast of average w Lander. R Cmdanaatisn. The pm=ds of my award or claim for damages, direct or cogsequnliai, payable to Bon wrer in conneetion with any coodonmatiou or other taking of a8 or any part of the propaty, whither of the unit or of the oommon elements, or for any oooveymoe in tim of tondemnxtaoe4 an hereby assigned and shale be paid to Leader. Such proonds shall be applied by Lander to the sums secured by the Seawity Insarument as provided in Uniform varies 10. L LMdees Prior Consent. Borrower shall not, except after notice to Leader and with Leader' prior wrom coneeat, d*w partition or subdivide the Property or oonsent to: (t) the abmdohmuaht or Imainstion of the Condominium Project, esoept for abandonment or tazisnation t'equired by law in the case of substantial desaudioa by fire or other caavslty or in the me of a taking by oondemnaaon or emimot domain; (ii) any anumment to my provision of the Constituent Dmumeats if the provision is for the express bensfit of Lender. (iii) lermiostim of professional ranagement and aeaynhption of wJf it of the Owners Assmiatior, or (tv) any action which would have the effect of rendering the public liability insumnee coverage maintained by the owners AwmOsion urw4optable to lender. F. Ramedles, if l otrower does not pay condominium dues and assewmants when due: then Leader may pay them. Achy aawdTO disbuncd by Leader under this psrapraph F shill beeome additiond debt of Donowaf seansd by the Security Ituhameat. Unless borrower and Lender agree to other tams of payment, these amounts apart bear interest Rom tae date of disburn ent at the Nots We and shall he payabK with interest, upon notice Born Lender to Borrower requesting payment 0 hMtals: OtMMM) Psge2ol9 env awtttao DK 1870PG 170 DE1C-28-2007 15:32 PATRICIA BLACK ABSTRACT 7173372248 P.38 243109043 BY SIGNING BELOW, Burrows a CI& end mess 10 thO tame And Candommi= Rids. provisions amatined in d9a ix-1- ? 117E A BROSIQ8 ° ona (SeW -BMZWAW ("9-i? __ (Swd) >3 Lormww (Selo 4k- wcr _ (Seal) -&vrowar On]) (Seaq -boaower BaamW,ar Parsas Fawn 3148 On BK 1870PG 1748 DEC-28-2007 15:32 PATRICIA BLACK ABSTRACT 245107049 ADJUSTABLE RATE RIDER (LIBOR 6 Montt Inda (As Published In The Well Sheet Joama) - Rate Caps) 7173372248 P.39 THM ADJUSTABLE RATE RIDER is mark this 17th fay of JCttit X004 . aryl is ineerporeted inm end shat! be Beamed to uxw and suppta wet iue talon W, Dead of Ina a Sanity Deod (ths 115mmity lrmuwoW) of ft same daft givan by the rmdavIN d (the "Baarowce) to secnro Barrowar's Adustabte Raw Now (oho "Note") to c81A'ltlt Rom soum cmwaNY, LI,c (oho "LcoW) of dtc same date and covering dw Pmpetty &=dbcd in dic Securigr h atrO wd and locabd a 801 OLD SILVXR SPRims RL)Jib t4 IC$8Lt8tl6, PA 17051) iP-p"+W Awl THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTRRRST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS M AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROW= MM PAY. ADDITIONAL COVENANTS. In adMion to fire cove== and agmctaenls made in the Security InsUmme ?t, Baarowar and L amder ftdm amwarrt wd agroo as Mims; A. INTEREST RATE AND VI ONTHLY PAYMENT CHANGES The Note povidee fgc an initial w irA rate of S.300 %. The Nate pmvides for changes in the interest raft; end the manthly peyrnorg, as fulknw, 4, IPTT)3ItES'I' RATE AND MONTHLY PAYMENT CHANCES (A) ChMrpa bates The bttr> m oft I will pay may dww ea oho lat. day of J 7LY 2007 aid an that olay cvety 6Tp m*Mh thata ter. Each date on which my interest Tate cwN chanps is caliGd a "CbaRp Date" (B) 'l'ire Tod" Bcg prft with the fiat Cbugc Date, my iotgrum rate avid be based c® an k4m The "Tn&e is the 4vetw of inuvbaair offmW rafts for 6 month U.S. dolor-denominated depesifs in dw Lmdoa mssioet ("LMOR"), as pdbfted in 7W Watf &PM Jnwml. Tbc most recaTt indcn fiKme avatb* as of the fast ) Momh tsder Atodjlies L?I I FNMA 3138 c2laul I p toey BK 4 870f'u 1749 . „ DEC-28-2007 15:32 PATRICIA BLACK ABSTRACT 7173372248 P.40 7/5107043 buonen day of the morvIt immodinely preceding the month in which the Chage Date owurs is called the "Current Index." If the Index is so longer available, the Note }folder w38 diome a new Index that is based upon cotnparabk information. The Note Holder will give uu notice of this 66= (r.) Caiatdaden of Cbutges ore 1 Chan o bate, the Note bolder will calsub>te M new interest rate by adding Blan MD 8,250 I18 percentage POW0 ( %) to the Current index. 7be Note Holder will Arn round the result of this addition (o the rAa= 04"gbth of one pormiage point (0.125!4). Subject to the ihaiu stated in Section 4(D) below, thds rounded amount will be my new ins m rate until ilia next Change Dale. no Noto Holder we'll 11M dtxermime the antouttt of the monthly payment that would be suffwlent to tansy the unpoW principal that I Rat expected to owe at the Change Date in full on the Maturity note st my new interest retest subspntially equal payment& Ilse rauk of this calculation will be the new amount of my monthly Payment (D) temib an ImWest Ran Clhaages This fttzst: rate I am requked to pay at the fast Chouge Date will not be groom than 21.300 % or less than 8.300 %. llwrcafkr. my interest nk will never be hxroo red or decreraed on any single ChoW Date by more than M AIM 00011000 pao" te& poiNKS) ( 1.000 y) from the raft of interest I have beet paying for the pret:oding d UM14L My interest rate will never be greater than 35.800 % (Lr) Effeelive Daft of Chmps a as loam titan 8.300 t. My new interest rata will become efPacdve on cut Change Date. I will pay the annizat of my new monttly, payment beginning an the fast nnoatbly payment date after the Menge Date until the amount of my moutbty payment chi "AM (I) Notice of Changes The Note Holder will deliva or mail to me a notice of any changes in my interest rate and the amount of my monthly paynood before the effective data of any chop. Ill notice WM inch?de information nquirod fry law to be given me and also the telephone number of a person who will answer any question I may have Mpr4ag the amine. IL TRANSFIgR OF THE XROPERTY OR A EENVICIAL INTERAIST IN BORROWER Uniform Covenant 17 of the &nWily Instrument is amended to reed as follows: Thnstier of the Pro" or a ReneBdal Interest its Borrower. If oil or any part of the Property or any intems! in it is sold or transferred (or if a beneficial inw at in Borrower is sold or hunfetred and Borrower is not a nsttttttl parson) without Lender's prior written conti tt4 bender may, at its option, require h mad W payment in fait of all suma secured by"Se auity Instrument However, this option shall trot be czarcised by Linder ff oxercise is probibited by faderal law as of the date of this Security Inatruvwx Lander also sMU not andso axis option if (4) Borrower causes to be submitted to Leader' mryquond by Nr7ons 4ft-41310 (e70? tape 2 of 3 3138 U ::: rt i ty this to be recorded !ti C.'umocrland County PA ='?''? Recorder of Deeds 811 VON 1750 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 l.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to Esquire PAID. 455650 Dated: 110 109 0 J nc '"! - -F. E r H? 1C ? h'0 ' 12 Fly 2: '18.5c? P p ATI-Y MY1 P.? a33?as R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND CIITHTE OF ?H-C " TARY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2004 NOY 20 Alf 0: 44 OFF CE OF RIFF Nationstar Mortgage LLC vs. Natalie A. Brosius Case Number 2009-7882 SHERIFF'S RETURN OF SERVICE 11/17/2009 10:04 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1004 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Natalie A. Brosius, by making known unto herself personally, at 801 Old Silver Spring Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 18, 2009 SO ANSWERS, ?vow? R THOMAS KLINE, SHERIFF By zz6z-? Deputy Sheriff !c Gou!itySuite Shenti, Ieeosof't. Inc. ALED-K~r;C~ A~ ~~~ TNC ~'"C'T~ar,~~ n~T : f .v, ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ZQ~~ `~~~ '$ ~~'~ ~: ~g NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISIONC~~`'`n,~ "~ i-~'JUN7Y f'c~ vPv~?1V~~itA CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. NO.: 09-7882 CIVIL TERM NATALIE A. BROSIUS, Defendant. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied without prejudice. submitted: JAMES, S1V~ITH, ~fIE'I~TERICK & CONNELLY LLP BY: (/Scdtt A. Dietterick, Esquire PA LD. #55650 Attorney for Plaintiff P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 8.00 PD Al"f'`/ ~~ 80ot`~`~ P--T~ 02359'1Co