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HomeMy WebLinkAbout09-8528McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 RGARET GAIItO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Bank USA 5701 East Hillsborough Avenue Tampa, Florida 33610 V. Tracey L Ashley 316 Eutaw Ave New Cumberland, Pennsylvania 17070 and Chad E Ashley 316 Eutaw Ave New Cumberland, Pennsylvania 17070 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number Qa - 8.w CCIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a ]a corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 t CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is HSBC Bank USA, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Tracey L Ashley, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 316 Eutaw Ave, New Cumberland, Pennsylvania 17070. 3. The Defendant is Chad E Ashley, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 316 Eutaw Ave, New Cumberland, Pennsylvania 17070. 4. On June 8, 2005, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Wilimington Finance, a division of AIG Federal Savings Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1910, Page 4872. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Wilimington Finance, a division of AIG Federal Savings Bank to HSBC Bank USA, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 316 Eutaw Avenue, New Cumberland, Pennsylvania 17070. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ Interest through September 3, 2009 $ 164,864.85 (Plus $31.57 per diem thereafter) 8,712.95 Attorney's Fee $ Late Charges 1,250.00 Corporate Advance $ 571.50 Escrow Advance $ $ 32.50 GRAND TOTAL 1,361.80 $ 176,793.60 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff'demands in rem Judgment against the Defendant in the sum of $176,793.60, together with interest at the rate of $31.57 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: A-e-"ei Attorneys for PI ntiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for P mtiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 09-10-'09 17:34 FRM- T-755 P0006/0060 F-657 1'? 1 ?'CNr 'F P. VE1;LER ?': ^ r ,_GF DEE11S 1005 JUN 16 A? 10 16 Preparw By: Retara To: we?+lelw r+".K. , irhkn d Aa1 ra.,r s..:r. a..t r?n'rIm .wrr... owW."1 Ato s.ar 40t PMeo now#, sm1w 400 401 RMOV RIK edl. 490 P""06 ?q.M1w M 11162 phMVA MI 6r IA 12462 Parcel Number: 25.25.0008.124 [SPVe Above U* Ibe Yet Rearafs0 VaW MORTGAGE Lou Number; A05053133 MIN 100372408058352862 DEFINITIONS Words used in multiple amions of Wa documW are *4=d below and other words are defined is Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words usod in this dommem are also provided in Section 16. (A) "Stxalrity Lstenutatt" tO= this document. which is dated June 08. 2005 , together with all Riders to this doaunant. (B) "Borrower" Is CHAD E. ASHLEY AND TMCEY L. ASHLEY, HUSBAND AND WIFE i•P Borrower is the mongagm under this Security hlatrumam. (C) "Mm" Is Mortsage ls'teetronie Registration Systems. Inc- MM is a separate corporation that is acWW Aolely as a nominee for [.render and I.eader'a sttoeessors am assigns. mug is the mwgagee Bader NO Serenity bA MU=t. MM is orgadzod and existing artier the laws of Delaware, and has an addrms And talephorte number of P.O. Box 20x6, Riot MI 405012026, ml. (888) 67%MM. PO MaiYLVAM - Sin& Family - Farms Alaa/Flddte on koroMS IMSTINfWW VM H Mg" FaM 3039 1101 •.a.1 016 Initl.lst r 4 R . A. VW mon emg few" DO&-VA BK 19 1 OPG4872 09-10-'09 17:34 FROM- T-755 P0007/0060 F-657 (D) "Lender" is Wilmington Finance, a division of AI6 Federal Savings Bank Loader is s Federal savings sent organized said existing under the laws of United States of America Lender's addrtts is 401 Plymouth Road, Suite 4oo Plymouth heating, PA 19462 M "NOW mtm the promissory note sipW by Borrowear and dated June 08. 2005 11e Note states that BMW owes LtmderON Hundred Seventy-Two Thousand 8 00/100 Dollars N.S. $172,000,00 ) plus inuxest. Borrower has Promised to pay this debt is regular periodic. Payments and to pay the debt in M wt later am July 01. 2035 (1) "Property" means the property that is date %W below tinder the headittj "Ttts* of Rights in the PrOpMy.V (G) 'UM" mum the debt evidenced by &a Now, plus interest, my prepayment charges sod late charges due under the Note. aid all aunt due under tbis Socrnity Instrument, plus irnarest. (H) "Riders" means all hiders to this Security instrument that are executed by Borrower. Tito following Riders are to be executed by Borrower (check box as applicable]; Adjusnbhs Rata Rider C] Condominium Rider Second How Rider Balloon Rider Planned Unit Development Rider 14 Fully Rider VA Rider Biweekly Psymom Rider 4 ogter(s) [specify] (1) "Applicable Law" means all controlling applicable federal. scam and local statutes, regulations, ordh across and adminlstrative rules and orders (that bave the effect of law) ar well as all applicable find, non-appeaLble judicial opinions. (J) Commmsity Asoodation Does, Fees, and Assaamsemts" means all duos, fees, asswsunq and outer charges that at imposed on Borrower or the Property by a condominium sgwiatiom, homeowum association or si» eilar Organization. (R? "Etadroale gluads Tnti fee nVanS any transfer of funds, other than a traosoction orightwrd by check, draft, or similar paper instrument, whit Is hddated through an electronic net w". telephonic instrument, computer, Ot magnetic ape so as to order, instract, or attthorias a financial im6ttnion to debit or credit an seeottat. Such term Includes, but Is not limited to, pout- sate traasfbra, automated teller machine transactions, trmsfars initiated by telephone, wire uzz& n, and sumo tated clearlogbouse transfers. M ' Rurow Itnrs" means tbose items that are described in Section 3. (M1 "Miseeaaaoous Proceeds" means any compensation, settlement. award of datnages, or promo paid by any third pay (Ocher than iaaun=e proceeds paid under the eoverttgas described in Section S) for. (1) daatage to, or (1eauuction of, the property; (1i) condemnation or other taking of all or any part of the Property: {iii) conveyance in flan of condemnation; or (iv) misrapresentatione of, or OwAssions as to, the value and/or condition of the Property. (M) Mortgage bworuce" meant Itautance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic 14ayment" means ft regularly scheduled ataount due for () Principal and interest uu&r the Notc, plus (ii) any amounts under Section 3 of this Security Instrument. gk4A(PA) snDU ?.o. t or Is DDS-VA FDMr 3039 1101 SK191OPG4873 09-10-'09 17:34 FROM- T-755 P0008/0060 F-657 (P) "AMA" MCA" the Real BUM $onlemeat Prawdt m Act (12 U.S.C. Section 2601 at seg.) and its implomatdng relpuhuloa, Repulmdoa X C.F.R Part 310011 as dMy might by aa?atded dons bate to time or any rtddideew. or 6110mor or halation that governs the pare Att(ect matter. As used In this small Imstrtttnent, •RESPA' soft to A[ roquirwoeats sad vastricdoaa dWA a v in regard to a •blerew related mortgago Ions" overt it the Loan does not qualify m a 'hda mill Wand stiortgage loan'under 00A. (0 'Successor in l(nterrtst of Borrower" mom my party this has taken title to rho Property. whether or sot that party baa assumed Borrower's obligations wider due Note M&or this security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (0 the repaymera of tha Loan, and '16 teoewais, e:ttendons and modifications of the Note: and (9) die pc*n move of Borrower's covenants mad apoeem um under this'. Security Inttrunm and the Note. For this purpose, Borrower does hereby mmtpape, grant ad oonvey to MW (solely as nondim for Leader and Lender's sucoessors and =kW) sod to rho successors and assigns of MFRS, rho following described property located in the County lrype of 1WW t a jaft dmj of CUMBERLAND IN%= otleeaMiq lnrkdktim): SEE GEED which curreotly has the address of 316 EUTAW AVE (8"-11 NEW CUMBERLAND (Ckyl, Pendsylvam • 17070 (Zip Cod") (Property Address"): TOGETHER WrM all the improvements now or hereafter erected on the property. and all eaaerneaU, and tixams now or hereaft a part of the AB tp?la and additions slnl Btcovered by this Security )mattnmaot. All of the rag it ratorsed to In this Sir Instrument as the 'Property.' Borrower uudetstands mod ag+eas that 6[ER5 holds only lq d tide to the fnterms & ed by Borrower in this Security lnsbutoettt, bk if nam- nary to cmggy with law or custom. MFRS (m nominee for Lender so Le s successors and no ) bas the ft to exorcise any or dl of these hatordsts, inclu_diltg, but mot IidgW 10, the right to foreclose and NOT Property. and to take any action required of Lawler including, but not liadred to, rdeodag and canceling this ?ecurity Inst rumest. W o-). 41 ft"(PA) pro6 rap 7 rr a Form 3039 1101 90"PA OK 19 1 OPG4874 09-10-'09 17:34 FROM- T-755 P000910060 F-657 BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby con"yed and bas the right to mortgage, Pat wad Convey the Property ad that the Proptlrty is paesicwmbered, tgeotpt for euntmbattoot of record. Borrower wwttants NW wig defend SomMly nice tote to the Property against all 01001118 and dwronda, soVect to arty a0adwraces of record. THIS SECURITY INSTRUMENT combims uniform covenants for watiomd rue and non-umitonn covenants with limited variations by jurisdiction to 0orudtute a uniform soon* histturueat covering reel pro". UNIFORM COVENANTS. Bmwwar and Louder covemnt and agree as follows: I. Frt""I t of Bfinelpal, latervot, Barrow lima, Pmpgmant (merges, and Lacs Chargers, Borrower :ball pay when due the prin0lpd of, and hoarser on, the debt rviderrA by the Now and any.. prepayment oiraW and late dwps due under the Note. Borrower ahatl do pay Bmds for H row Items purwau to Section 3. Pqmlents dwe under the Note and this Security hmnrotmt "D be trade in U.S. currency. Ifowsver, if any check or other Instrument received by LApdar as pw r,-w tinder the Note or this Security Instrument ts rehnn d to Lenda unpaid. Lender may require that any x aB Nbopient payments due under the Note and this Security Instrument be made in our or caeca of the following forms, as selected by Larder: (a) push; (b) moray order, (c) carcifiM ckwk, WAk check, treasurer's obeek or cashier's check, provided any such check is drawn upon an institution Whose deposits sre insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed ntxivcd by Leader when received at the location designated in the Note or at such other location ea may be desigmted by Leader 011 accordance with the notice provisions in Section Is. Lender may rem= any payment or partial payment if the payment or patriot payments are htsuffleient to bring the Loan current. Lewder may accept any payment or partial payment innfficieot to bring me Loan current, without waiver of any rights heramder or prejudice to its rights to refuse such pomwat or partial payments in the future, but Lender Is not obligated to apply such payments at due Om such payments are atwepted. If tack Periodic Payment is applied as of its scheduled dua date, then Lender need not pay interest on unapplied funds. Leader may hold such unapplied dads until Borrower mekas payment to bring the Loan current. If Bormwar does not do so within a reasonable period of time, Lender shall either apply such finds or return them to Borrower. If not applied earlier, such funds win be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower migbt have now or in the futon against Loader shell relieve Borrower from malting payments due under the Note and this Security Inammont or performing the covenants and agreements secured by this Security Instrument. 2. Appil"tion of Pmymo* or ProcoAL Except as otherwise described in this Section 2, all payments accepted and applied by Ia udBr shag be applied in the folidwing order of priority: (a) interest due under the Norte; (b) pdnipal due under the Note; (c) amounts due under Section S. Such payments shill be applied to each periodic Payment in the order in which it became due. Any remaining amounts shell be applied first to late charges, sawed to any other amounts due under t w Scarcity justrunmene, and then to reduce the principal balm= of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a SufRcieot amount to pay any late charge due, the payment my be applied to the ddhq mt payment and the late change. If more than cue Periodic payment is outstanding, Larder may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the oaten that.. each payment 'f ) w"(PA) t9M] Par e1 to l '.G- Form 3030 trot 004.OPA .8(19 1 OPG4875 09 -110-' 09 17 ; 34 FROM- T-755 P0010/0060 F-657 can be paid in fall. To the extent that any excess exists d w the pttyauatt is applied to the fail payment of one of mere Periodic Payments, orb estcaa trey be VOW to zW hoe Ono duo. Voluntuy wbtnmnaats "I be applied tine to By prepayment dWW and tbm as dearibod In the Now. Any application of payments. tnsurattce proceeds, or Mitedlancous Ptooeeds to prinelpef dun under the Note shall not extend or postpone the duo date, or change do amtwet, of the Periodic Payasears. 3. llrmda for Part+ow ktelgtt. 19MV*W :hell pay 10 [.ender on the day Ptaiodk Paymaitts are due under the Note, undh the Note is paid In full. a stun (the Toads") to provide for psymeent of amounts dua for: (a) taxes and a to end other items wtdch on attain priority over this Security Instrument U a Hen or ernttrnbnsnee on fhb Property; (b) I udold payments or ground temp on the Property, if W. (c) pnniums for any and aH mautsace required by Lender under action 5; and (d) Morw o Insurance premiums. If say, or any sumo PaYbb by Borrower to Leader In lieu of the payment of Mortgage' Insurance premiums in accordance with the provisions of Section 10. These item are tailed "Facrow Items.' At origination or at any time during the tertu of the Low, Lander may require that Community Association Dues, Fits. and Asmamente, if say, be escrowed by Bomaawer. sad w& dues, fees ad asses smeno shall be an Escrow Item. Borrower shall promptly danidt to Lwex- all notices of amounts w be paid under this Section. Borrower shall pay Leader the Funds for Escrow 'ease unless Leader waives Borrower's obligation, to ray the Funds Aar any or all Fi mw Items. Lerida may waive Borrower's obligation to pay to Lender Funds for say or all Escrow Items at any tint. Any such waiver any only be in writing. In the event of such waiver, borrower shall pay directly, when. trod inhere payable, the amounts due for say Escrow Items ft ftM paymwt of Funds has bean waived by Lander and, if Lender requim shall fhrnish to Lender receipts evidencing such payment widdu arch time period as Lender racy require. Borrower's obligation to mare suds piymanta and to provide mxlptr shat! For all purposes be deemed to be a covenant and agreement contained in d& Security Instrument, as the pltmsa "covenant and agreement" Is used In Section 9. K Borrower is oblipted to pay Escrow Items directly, pursum a to a waiver, and Borrower fails to pay the amom due for an Escrow Item. Lou* may ccor tee its rights under Section 9 and pay such amount and Borrower shall then be ohNigated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Imm at any rheas by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amotms, that are then required under this Section 3. Leader may, at any time, collect and hold Funds In as amount (a) sufiicieat to permit Lender to apply the Funds at the time specified under RESPA. and (b) not to ennead the mminwm amount a leader can require under RESPA. Lender stall estimate the amount of Funds due on do basis of current data and reasonable estimates of expeaditum of fature Escrow Items or rotlt min in accordance with Applicable Law. TIc Funds shall be held in an institution whose deposits ire insured by a federal agency, lustrumetuatity, or entity (including Lender. if Leader is an institution whoa: deposits are so insured) or in any Fedcral Flome Loan Bent. Lender shalt apply the Fonds to pay the Escrow Items no later ,Lan the time specified under RMPA. Lender shall not charge Borrower for bolding and applying the Funds, arutualty analyzing the escrow account, or verifying the Escrow Item, unless Lender p,? a Borrower interest on the Funds and Applicable Law permits Lender to make such a charts. Unless an ar,roemm it wade in writing or Applicable Law requires Interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on duce Puncds. Borrower sad Leader can agree in writing, however. that interest t1-iA(PAI aim 006-VA 4A ?? ?t c Fwm 3039 1101 89191OPG4876 by-10-'09 17:35 FROM- T-755 P0011/0060 F-657 Shull be paid on the Funds, Lander shall give to Borrower, without charge, an wi nual accounting of the Funds a mgWmd by RBSPA. If there is a wWus of Funds held in escrow. as donated under RBSPA, Lender stall secount to Borrower for the exem hinds in aoc, am with RESPA. if thane is a shortage of Funds held in escrow, a defined under REVA, Leader shall notify Mower as mpdmd by RLWA, pad Borrower shop Pay to Lender the amount necessary io make up the shortage in woordsom with RWA, but in so more that 12 monthly payments. If there is a deficiency of Farads bold in escrow, a defined under RBSPA, Lax* *41 notify Borrower a required by RPSPA. sad Borrower shall pay to Lauder the amount w*cssary to make up the deficiency In aocotdtmoe with RE.SPA, but in no amore duet 12 moadtly pbrmm, Upon pamew in 6A of all cams seared by this Security fn u mnL Lender shall promptly refUnd to Borrower any Funds held by Lender. 4. tbtaM Uaus. Borrower shall pay all taxes, assassmeat, charges, fines, and irapooldoes attn'buuble to the Pmpsrty which can attain priority over this Seewhy Inswim at, IMdWW Payments or greund mats on the Property, if any. and Cmmuahy Association Dos, Fees, and Msessro rats, if nay. To the extent that these mama are Escrow Gretna. Borrower WWI pay them in the manner provided in Section 3. Borrower shall promptly discharge any lion which has priority over this Soartity lustrtuaeat valet Borrower., (a) agrees in writing to the payntetu of the obligation secured by rho lien in a manna satltptable to Lander, but only so long a Borrower Is parforming such a Steemeat; (b) contests the lien in good faith by, or defends against onforcemaat of the lien in, legal proceedinga which in lender's opinion operate to prevent the ea llorcemeat of the lien while those proceedings are pending, but why until such promedings are conciuded; or (c) secures from flu holder of the lien an agreemat rafisfsct,,sy to Lender subordinating she lien to this Security Instrumew, if Leader detandm that nay part of the Property is subject to a lien which can stain priority over this Security Instrument. Lender may give Borm weer a notice identifying the lien. Within 10 days of the data on which due notice is given, Borrower shall satisfy the lien or take one or more of the actions set font above in this Section 4, Lender uxy enquire Borrower to pay a attetomo charge for a teal estate tax verification and/or reverting service used by Leader in colhnection with this Loan. S. Property Wuranee. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the faun 'extended coverage." and soy other hazard; including, but not limited to, earthquakes and floods, tot which Londer requirm insurance. This insurance shell be maintained in the amounts (including deductibie lavd:) and Ibr the perloda that Lender requires. What Leader requires purmwit to the preceding sameness can change during the term of the Loan. The k wraaee carrier providing the insurance shall be chosen by Borrower subject to Loader's rigiu to disapphwe Borrower's Choice, which right shall not be exercised unrewombly. Lender may require Borrower to pay, In connection with this Loan, either. (a) a one•titao charge for flood zone detertninslon, eenificadon and traddag ser4m; or (b) a one-time charge for flood zone detecminstion and cartiScstion services std subsequent charges west time remappings or similar changes occur which reasonably might effect such determination or e;etdficatioa. Borrower shall also be responsible for the payment of any fetes imposed by the federal Emergeacy Meoalisenew Agency in connoetioa with the review of any flood zone determination resulting from an objecdon by Borrower. Ift"(PA) e2ao "909 0.r 10 Foam 3039 tfol Dos VA Pl(1910 F6 4 8 7 09-10-'09 17;35 FROM- T-755 P0012/0060 F-657 If Borrower fails to autintain any of do coverogea dsaedW above, Latter may obtain issa ance covarsge, at Lender's option and Borrower's evemo. Leader is under no obligation to pwdtans any 1?nrticWsr typo or amount of eovarage. 't'herefore, such eovmw dmil cm Lender. but aright or might not protect Borrower, Borrowae's sanity in the Property, or du Comm of the Property, sgsitst shy risk, hazard or liability ad might provide grater or lesser coverage than was pro*wJy in dkct. Bottowa acknowledges that ibe cost of the Insurance coverage sic obtained ad* dpdfleatlly exceed the cost of inwrw= that Borrower could bare obtained. Any amounts disbuseed by Lender trader this Swim f shalt become additional debt of 8orrowe r secured by this seemly bstramm. These sasm nu shall bear interest at the Note rate *m rho date of disbrusmnent and sMi be payable, with such interest, upon notice trout Lender to Borrower rcgoestng payment. All insurance policies rcgtrirvd by Larder and renorrals of such policies shall be subject w Lender's' right to disapprove such policies. shill indttde a standard wAMa a clause, and shall name I.adar a mortgagee and/or as aG additional Ion p"". bander shall here the right to hold the po kiss and tooowal caniflcatss. If Leedes eegoires, Borrower shall promptly give to Gilder all rooaipts of paid premiuaas and renewel notices. If Borrower obtains any form of Wituttutce coverage, trot Aawise required by Lender, for damage to, of desnttadon of, the Property, tatcb policy alien iGetode a standard mortgage Cleves end shalt tutus I?der a mottgove and/or a an additional low payee. In the event of bas. Borrower shall give prompt notice to the in atrance tinier and Lender. I andcr may make proof of loss if not made promptly by Borrower. Unless I ander sod Borrower odserwiso ? in writing, any insurance proonds, whether or not the undcrlyIng inarsmoe w:,s required by Lender. shall be applied to restoration or rop& of doe Property, if the nwomion or repair is eeonoudcally feasible and Undoes security Is not lessened. During suet repair red testoration period. Lender slid! have the right m hold such insurance proceeds until Leader has bad an opportunity to inspect such Property to enmre the work has boon completed to Lender's satiaifrction, provided that suck btspeodon awl be undertaken promptly. Lender may disburse prooWs for the repairs and nator tioa In a single payment or in a seder of progress payments as the work is corpleted. Unlew an agreement is ands In writing or Applicable Law requires interest to be paid on such itstasnce proceeds, I.endk dull not be required to pay Borrower any interest or earnings on such proceeds. Fees for public x4 taters, or other third police, retained by Borrower shall not be paid out of the la trsmce proceeds and shall be the sole obligation of Borrower, If the restoration or repair is Got eooaotNaally feasible or Lender's seemly vmuW be lessened. the iasursoce proceeds shall be applied to the sums secured by this Securi4Y houtieseot. whether or not than due, with the excess, if any, paid to Borrower. Snit insutance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Lender may fide, negotiate lad settle any ,fellable insurance claim and [dated matters. If Borrower does not respond within 30 days to a notice front Lander that the insurance carrier has offered to settle a claim dun Lender may nagodue ad settle the claim. The 30-day period will begin when the notice is given. In either event, or If Leader acquires the Property under Section 22 or otherwise, Borrower haroby a sW* to La*r (a) Borrower's rights to arty iaswaace proceeds in an amount not to ennead the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other then the right to any refund of wtearaed promihums etd Borrower) under all insurance policies covering the property. insofar as such rights are applicable to the dxyvWW of the Property. Lender may use the ihts rum proceeds tither to repair or rests, the Properly or to psy Amounts unpaid under the Nola or this Security iasnument, whether or not then due. Q ft-eacvAt cam 9"070110 """"! form 303s trot CN)S.GPA O K I 91 OPG4878 UV-U-' Uy 1Y; ;i5 FR M- T-755 P0013/0060 F-657 6. J'. Borrower shall occupy, atabiish, and use the Property U Borrower': prisdpal rulda= within 60 days aster tits Woution of Us Saatrity frsstrumeat and tdralt wrtrlnua to occupy sib 'uropatY u Borrower's PiUcPhi raaldeMI bf at bast one year attar the date of occapsue7 otheawiae agrees In writing, which oosw M go trot be , sales Leader cutamstanoas exist which are nsaeasonbly withhold, or unigs extenuating beYoud Borrower's contrrol, 7. tv"OrvaHoo, Maintwaaes and Ptobeetisai of the Property; b"Pecdaus. Borrower awl not destroy. damage or impair the property, allow the property to deteriorate or com uh wash: on the PmPar/• Whether or not Borrower is tosidigt in die Property. Borrower shall maintain rho property in 00er to prevent the ftVwW &OM doledortting or decreasing in value due to In ooadidoa. Unless it is determined purauaut to Seodon S that repair or sv toratiat is got oconomMly Possible, Bamwer shall. Promptly "P* sine Property if damaged to avoid ttuther deterioration or datuage. If inetratee oe " be motion proceeds are paid in On with dstuaga to. at die W ft of. the hop", Borrower resp=IW for rapaldag or restoft rho property only if render has nsisssed proceeds far retch purposes. L"dr any disburae Proceeds for the repairs and lesson" M a shoe peyment or in a series of Progress Payments a the wort is conrpleced. If the insurance or condega atioa proceeds are not sutllotem to repair or more she Property, Borrower is not relieved of Borrower's obligation for the camplotion of such reps or ronoraton. Lender or its agent may Maim reasonable entries npoa and inapections of doe property. If it has reasonable cause, Lender nosy impact the h mdor of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an !major lnspeotion apedfying such ms sow" Cause. S. Borrower's Lam Appbeadoa. Borrower shall be In ddkdt if. duff sib Loan application Pay, Borrower or any persons or entities acting at the direction of Bo- wer or with Borrower's knowledge or consent gave materially false, misleading, or ioeccurate ltt=U 'on or statements to Lender (or fa1W to provide Lender with material information) in connection with the Loan. Material representations iucludc, but are not limited to. reptoaentatioos concartning Bonoww's occupancy of the property a Borrower's principal residence. 9. Protection of LNnder's Interea in the Property said Rights Uodar this Security howeased. If (a) Borrower falls to perform the eoveasm and "=We Contained in aids Security fit, (b) are is a legot proceeding that nttgltt significantly erica Loader's intatest in the property and/or rights under this Security Insi mnew (such as a proceeding In bsulu vpteY, probate. JO condemnation or %*it=. for wforcement of a lien which may attain priority over this Somrity Imtrmaopt of per oak= laws or regulations), or (c) Borrower has abandoned the Property, thus I.ondet cranny do and pay for whatever is reasonable or appropriate to prow Lender's Interest in the Property and don under this Security Irustrnment, Including protecting and/or assessing the value of the Property. and securing and/or repairing the Property. Loader" actions On include, but are not limited to: (a) paying any stusta socurod by a Urn which has priority over this Security Instrument. (b) appearing in court: and (e) paying rwsonshie attorneys' fees to protect Its interest in the Property and/or rights under this Security Isstnunettr, including its secured position in a bankruptcy Proceeding. Securing the Property includes. but is sot lidded to, entering the Property to make repairs, change lochs, replace or board up doow ud windows, drain water from pipes, edhninate building or other code violations or daggerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9. Lander does trot have to do a and Is not under any duty or obligation a do so. It is agreed that Lander Incurs no liability br not taking any or all actions authorised under this Section 9_ tw.r? /' 2 A ft"(PAr ahem ?.a 0.r ?e Fwm 3039 1101 OMOPA BK 191 OPG4879 0y-10-'09 17;35 FROM- T-755 P0014/0060 F-657 der of Any asnounts dWxnnd by Lender under this Section 9 sholl awed by dds Y Instrument- These a11040 a ahtll bM IM become at O AM M deb 1f OW Borrown disbursement and shdl be payable. with such Interest, upon notice bom Lender OD Borrower requagit g payment. If this Security lnetrument is on a leasehold, Borrower tthtdi comply with all the pmvialons of fhrl lease. If Borrower at phu hr tide to the property. the leasehold and the fa title shat! not map unless Lender agrees to the n in writing. 10. Mertppe >lpgrattoa. If Lmd9r required Mortgage Ilnsnrauoe sac a condition o[ aukiq` the Lose. Borrower shall pay the pinudgma requited to a hdsin the b4wq ge beggenee in etlbt:t. If, for any reason, 40 WGV*W liaturavca coverage required by I.sndnr taut to be available been the morwp barterer that WWWd the provided such insua,nca and Borrower, wea umpired to rake separately designated payer he prtmiunis for Mortgage lnaunmec, Bftmm shall pay dw prmmhtms tdyuired to obtain coverage substantially equivalent to 111w Idaeteae Ia waoas previoudy in oflaa, at r coat sari tuiaitY equi t to the coat to Borrower of the b?MW Inmate previously in affaot, ft M an ahearaee mortgage suave selected by Loader. If tubstawidly equiwient MogW lumrance aovmp is trot Available, BMW" shalt continue to pay to Leader the amw d of the sepaately dnabOd payments that were due when the insuranua coverage ceased to be in st1hat. Lander will swept, use aid rayin titterer payment as a nortaefbncbbta loss rCWV6 in lieu of Mortgage Insurance. SAreh loss unnerve :lieu be nmttetilodttble, notwithstanding the that that the Loan is Wdm tely paid in Nil, and i ender shill not be required to pay Borrower arty itxma or earnings on snob lea reserve. Icndtx can no longer require toss reserve pay km if Mortgage Irourancs o0varago an the amount and for 1119 period the I ender requites) provided by an usurers selpged by Lender again becomes avahabla, is vbtriasd, tad Lender requires separately designated paymm toward the premtmm ibr Mortpge Ipquance. If Leader ro*dWd Mortgage bwxaaca as a condition of making the Lou and Borrower was requwed 10 MW sgatratdy desipuated Payment; toward the prcmittma for Mortgage Intntrance, Borrower shall pry the prudemt re Weed to maintain Mortgage Insurance in effect, or to provide a n0a4dindable lose neuve, anti) Lender's requbwmt for Mongege Iub taw ands in accordance with any wrium sgrerrAt between Borrower and IA2der providing foe vxh ortniasdou or v a wrmimrton is trued by App,?c,7We IA*. Nothing in this Section 10 dtku Borrower's obligation to pay intorest at the rate pmv' in the Note. Mortgage I11mrsaw tnimburses Lender (or any enmity the purchasers the Note) for certain losses it may incur if Borrower does not try the I.aan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage lower; evaluate their totd risk on all such insunmee in force boar time to time, ad may enter irtbtt agreements with other parties that share or modify their risk, or reduce lames. These sgeeements are an tams and conditions ttat are satisbsxnry to the mortgage I== and the other party (or parties) to these Agremneats. These agreements may require: the mortgage insurer to make pagm u is using any source of Muds that the moutgaM9 insurer MRY have available (which IWW Include funds obtained from Mortgage lmurance prardums). As a result of these a reerneats, lender, arty purchaser of the Note, another insurer, any reinsura, any other awk, or Any AMIIIate of Arty of the foregoing. WAY receive (directly or indirectly) amounts that dative 11 om (or might be charseted ed ere) a portion of Borrower's payments for Mortgage looMmee. in exchange !tor sharing or modifying the tnortgsge insurer's dash, or reducing IDsm, If such agteensent provides that aA affiliate of Lrnder takes a share of the insurer's risk In exchange for a share of ttu premiums paid to the Insurer, the arrangement Is often tamed 'captive rdnmratsr." Porther: (t) Any such Mvesnwte trill pot Affect the sanounft tbrt aorroW has atpned to pay for mortgage v or any other tetras of the Lan. Slndr apusaseats will got increue the wMa nt Borrower will owe for Mortgage bwram, and tbey will not sudde $otrower to any rdimd. 5 AAA ?8A(VA) p10N t•.o. ?» Fonn 3039 1101 MUM BK 19 1 OPG4880 by-1b-' by 17:; b FROM- T-755 P0015/0060 F-657 (b) Any aueh agreusoants wW shot &Md me riglieba Borrewer has - if .eery . with r spo* to the Mai mrow* under the ltgameownas !hale.. m Act of IM or anq other low. 7haas dotx Mf? the rJdht to tticatve .Biwa &seiaow% a Below acrd ,..1-fain Modktioet of We moo, io have the Move Luarsece Qeerrn W auts Mails, rm&0, b receive a rdhad Uradua? Rust wee unearned at due Wee of stab er eaWdon or 11. Assipument of Nliagll=eoae hum* g eintre, All Mieeellemoou: Protxeda ate hereby sulgned to and dWI be paId to Leader, it the is 4awaW. qwh miscellaneous, proceeds shell be applied to the reetoratiop or repair of proparty? resoortulon or repair is coo MO Wy feasible rod Lander'. secariw is not know. f roP? a reuoratkvm of period, Leader *1111 have the right to !told such sesumreove proceeds until' has had an to lnspoct 06 PMP1tY to =am the work hat been Completed to- t sd rMwt rMm n in - d" ch inspection shall wtdertal=pmopdy. Lender may pay IN the t pafra and restoratio n in a Bindle Oi uaemrmt or in a Md" of puts the work is ?N?ed. Unlep an agreement is made la writing or AppliCaide Law r1atpires h to be paid oa such Miscellap,001111 Proofs, Loader *dl not be ngWmd to pay Borrvwar any Ittdtueu or serninp on such irftsc Weam Prooeada. If the restoation or paur is not economically feasible or Loader's security would bee im ened, the Mh llanwus Prooeods sbalzrbee spplied to the in= secured by leis decudty iattsument, whedur or not than duo, with the c,u, if any, paid to Borrower. Such Muoepar noes PsooeWs shall be applied in the order provided for in swoon 2. to the event of a total taking, destruction, or loss in value of tha Property, the Mismilaneous Proceeds shalt be applied to the sum: secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the avant of a partial taking destruction, of Ions in value of the Propatty in whieb do fair market value of the Property Immediately before the partial taking, destruction. or lop in value u equal to or greater thaw the amatatt of the sums panted by iris ScCt dty Instnaaent i>tmsedimely before the partial taking, destruction, this Security by or IOU in value, unless Borrower and Instrument shall be reduced by >th aaaaoootherwisc agree in n of do i laneo us Pthe sums roceeds multiplied by the followleg fraction: (a) On total amount of the sums secured imrnedistaly befom the partial taki destruction, or loss in value divided by (b) the fair ata.l:t value of the Property nanediately before the partial taking, destruction, or lop in valna. Any bAuw 4tall be d to Borrower. In the event of a partial taking, destruction. or loss in value of the piny In ch Ow fair market value of the Property immediately before the partial taking, destruction, or lop in value is less than the amount of the stars $KWW i=ladindy before the Wool taking, destruction, or loss In value, wiless Borrower ad Leader othawise agree in writing, the MisceBaneout Proceeds shall be applied to the sums secured by this Se=IT insmen trut whedw or not the am era than due. If the Property is abandoned by Borrower. or it, after notloe by Leader to Bortowa that the OPlosleg p'as1Y (as defined In the nett sentence) otters to make an award to settle s claim for damages Borrower fails to respond to Leader within 30 days after the due the notice is given. Leader is authorited to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the suet secured by this Security Instrument, wltahrr or not UM due. Vppositig Puty• mom the third party that owes Borrower Miscellaneous Proceeds or the perry &gal= whom Borrower has a sigh of action in regard to Misoallancous Proceeds. Borrower shall be In default if any action or proceeding, wbether civil or criminal, is begun that, in Lender's judgmwt, ovuld result In forfoivm of the Property or other material imipaimoeat of Leader's I== in the Property of riou under Otis Security Instrument. Borrowaf rasa cars such a default and, if acceleration has oectured, nwslats as provided in Section 19, by owing the action or proceeding to be etftPA) toaoee P*" 10 .11 s form 1039 1101 D04-0A BK191OPG488I 17y-1?a ?y 17:3b FROM- T-755 P0016/0060 F-657 dismissed with a ruling that, in Under's jhwgthtent, pmdudu foft u s of the Property or odwr material impairment of Lender's httenest in the Pmpotty or rlgW undnu this Seourky Instrmnnaot. The proceeds of any award or claim for damages drat are attrflmaable to the tats of Leader's interest in the property are 4ooeby assignod ad shall be pod to Laude. All Miscellaneous ?tooo*& that are not applied to restoration or repair of the property shall be applied iu the order provided for In Secdoo 2. 12. 8atrowa Not Released; >Porbatrna By Lander Net a Wdvar. Lxtettaioa of the time for Payment at modlAwAon of amortkW= of IN soars setarrad by this Security Iaftromont gtamodby Leads to BUZO vnr or say SapCearoa In Imnwt of Borrower ;bell not operate to then the liability of 8oetower Z Sha cessan In Interest of Sommer. Lender taludl not be worW to ocmmeace protxodittgs swot Y?tceaaor in Interest of Bosrowu or to room to extend dow fat paymmt oe otherv?ise modify. amotdUllon of dw sums secured by this Soc arlty Iw nnocat by reason of any demand made by the ad 'real' Borrow or any Successors in Interest of Borrower. Any lbrbesraaee by Lander in asoisipg ray or r=WY Including. without lladtation, Lander': oceptanos of payments fboa third pessoos. ouddes or Successors in Interest of Borrower or in amounts loss than the amount dsa due, shall not be A waiver of Or Prechter the Candse of nay right or rowdy. IS. Jelhnnt and Several 14"tyl Cowl otY aid Aedpa Bound. Borrower covenants and agrees that Borrower's obligadons and liability shall be joint aod:twesd. However, arty Borrower who ensigns *b Security InstmOwnt but does not axtatte the Now (a 'oo•dgaer`), (a) is ao 4lgning this Security instrument only to mortgage, gttmt and convey the co-signer's interest in the Property under the terms of this Security Inanutnenl; (b is not peamally obligated to pay tlt¢ sums secured by this Security Instrument: and (c) agrees tat h Leta and any other Borrower can was to attend, modify, forbear or make any aoeommodadons with regard to the tarns of this Scoarlty Instrument or the Note without rite ccr-signer's COMM, &Ib cct to the provisions of Section 18, any Seemsor in bxerest of Borrower who assumes Borrower's obligaions under this Security Instrument in writing. and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower :bill not be released flrom Borrower's obligations and liability under this Secw* Instrument unless Leader to suoh rd"" in wridn;. The oovetants and agreements of this Security Instromi at shall bind rexc?t as provided in Sxtiom 20) and benetlr the succatsors and assigns of Lender. 14. Loan Gauges. Leader mg charge, Borrower fees for services performed in connection with Borrower's d"It, for the purpM of protecting Lender's interest in the Property and rights under this Security Instmtment, indudLng, but trot !united so, evornoys' thee, PAY b 4'On and valuation fare. In regard to any other fees. W axwm of egress authority In this Security Injument to claw a specific &e to Borrowor shall not be oonsttuad as a proMbltion on the chargiq of ao al fee. Lender nay sot ebarge fees that an expressly hibited by this Security I strunwat or by Applicable Law. If rite Loan is sub aCt to a law wldeh rats maximum loan charges, and that law is finally inkrpreted so that the interest or other loan char ?at eoilocted or to be collected in comwedon with the Loan exMW the permitted limits. then: (a) any such loan charge shall be metre; by the amount necessary to reduce the charge to the permitted limit: and (b) any sum already Collected from Borrower whidt exceeded permtted limits will be refunded to Borrower, Lando may choose to make this refund by reducing dine Principal owed under the Note or by a direct payment to Borrower. If a rotbnd reduces primo 1, the reduction will be treated as a Pu= withart any psepsyahahet dMp ( or not a PMAYment dhuge is provided for under. Borrower's aco" or any such refund made by direct payment to Borrower will codstipttc a waiver or any right of M %MA er might Mft wising out of auch overcharge, is. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. My nonce te Borrower in connection with this Security Instrument shall be deemed to .?? 7-Z. A. BAMA? 0a':ow pry. oft N - 3039 1 rot DMOA SK191OPG4882 09-10-'09 17:36 FROM- T-755 P0017/0060 F-657 have bcen given to Borrower when mailed by fitu ilia =0 or whm neurally dell*=1 to Borrower's n Imles; otice addrW if scut by other mains. Notice to any one borrow shall constitute notice to all Borrower ; ? cab Law "maly MOM ooh nit. The Odra address shall be On Property Address unl Lauder er has designated a substitute notice address by notice to Lender. Borrower shall promptly fY Borrowers chimp of addrew if Larder 900m a procedure for r*onhrg Borrower's dm%c of addceat. than Boxmw shall only report : dm$e of address dnroagh that specified procedure. Thera may be ode one dedgwttod notice wid" uOhr tide Security hwaiiew ac any are time. Any notice to I.eadef shall be given by delivering i< or by twilbrg it by first class until to Lender's address stated heroin unless Lender has designated ataother addross by rmeice to Borrower. Any notice In connection with this Security Insttunr s shall not be deemed so have barn given to herder until NMWIy received by render. If any notice required by this security lastrawant is ab•v rogokW under Applicable L aw Applicable law requirement will satisfy the conetpwAh% requt mm under this Security. Instrument. 16. Go'f Wd" Law; Severabllityi Sales of Conotrudi . Tbh Secmky Instrmment shall be governed by W" law and the law of the jurisdiction in which duo PrcWW is located. All rights and obligations conwined in this security Instrument are subject to requirements and limitations of Afplkabk I". Applicable Law might explicitly or implicitly diow On Par" to sgroe bin contract of it might be silent, but such silence shall not be tuna rmd w a p mWbIdou as" agreemen by comm. In the event that ally provision or clause of this Security ittsttuasent or the Note conflicts with Applicable Law, such conflict ship not affect other provisions of this Security huttument or the Now which can be given eflbca without the congiating provWon. As used in this Security Instrument. (a) words of do nwtcviioe gender shall mean and include Comas O411g neuter words or words of the teminina geudar: (b) twook In the slmgotar shall mqn and include the plural and vice Yana, and (e) the word 'arty' gives sole discretion without nay obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note sari of this Socu ty Iasu went. IS. T aader of the Property or a BoWkial laterest In Borrower. As used in this Section 18, 'Interest in the Property' means any legal or baaeficial laterest in the Property, including, but not limited to, those bmdcciai interests transferred in a bond for deed. contract for deed, install tnsnt sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a futnm date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or traroterved (or if Borrower is not a natutal person and a beneficial interest In Borrower is sold or trans&nan without Lender's prior written consent, Landor may require Immediate paystent in fill of all stuns secured by this Security Instrument. However, this option shall tot be searched by render if such a tercim Is prohibited by Applicable Law. If Lander exercises this option. Lender Spell give Borrower notice of soaelecation. The notice shall provide a =Borrower not less than 30 days from the date the notice is given in accord aaoc with section 15 within which Borrower must pay all surfs seamed by this Security Instrune u. N Borrower fails to pay time sums prior to the expiration of this period. Leader may invoke any remedies permitted by this Security lbstrumeat without Author notice or demand on Borrower. 19. Borrower's Rlgbt to Rehsctate Mar Acceleration. If Bormwev treats certain conditions. Borrower shall have the right to have Wforeement of this Security Instntnsatu disaoatktued at time prior to the earliest of: (t) five days before sale of the Property to any power of sate ?aaaaf?y to this Security Instcuma; (b) such other period as Applicable might S W.W for the termination of Borrower's right a reinstate; or (c) entry of a judgment eahbreiug this Secatiry Instrument. Those conditions are that Harrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no &=Iemtion had occurred; (b) cures any default of any other covenants or SAtPAI tons rp, it 61 to Form 30" trot oaw•vn 8K 191 OP64883 09-10-'09 17:36 FROM- T-755 P0018/0060 F-657 agramnwts; (c) pals all expenses itteaaned in edordats this Security Intamu rent, indaditts, but not limited to, a , Inspection and valuation foes, and other fees Incurred for the Pam ed Prottxxintt 's in the hVerty sod rights uWw duds Security Instrument, turd (d) tastes $Wh union a Lmader may reasonably mgdm to semen that 1re4t1er's Interest in the Property and dshm under this Security Instrument, and Borrower's obligadoa to pity At sum secured by this Sumity Instrument. dull condme undumpti. lender may require fiat Dwower Pay welt vskormt tstrmt and expanse In one or more of the Mowing lbrms, at selected by Lader: (a) cash, (b) money order; (e) endued dw t, bank check, treasurer's cheek at o ubiar's dwL prvvbw any such check is dem open sat Institution wbow deposits are WaM by a MW tt ng, inky or oft or (d)13ba mutt: Fands'1lnmafhr. Upon a' I -ateuae it by Boo war, thise? Inswimeot and obitsetioea secured have shall recta in My eaflactive as if no Acceleration had Howw"r, this right to reinseate staid rat.. apply in the ass of aocelesration undar Section IS. 20• Sale of Notal Chan* et Loan Setvieer, Netfc6 of Cklemm. The Note or s partial interest in the Not: (togother with this Security Insttuumno co, be sold one to more fiance without notice to Borrower. A laic ukk result in a chose in the entity (ltaown as the 'loan ftvicer¦?that comets Periodic PeytttOs On under the Now and Us Security Itstruatmht amd pe tc cros other nWrWP loan servicing obligtulans under the Note, this Set dty imtsommtt, ad Applies Law. nm also might be one or more changes of the Lou Servicer utnelated to a sass of the Note. It them Is a ebonsa of the Loan Setvicor, Borrower will be given written notice of the change which will sure the new end address of rho new Loan Setvicar, the address to which payments should be ua& and any other iafortudon MPA regetires in connection with a notice of trutsfor of servicing. If the Note is sold and dae utter the Loan is ssnviceud by a Lout Servicer other than the purchaser of the Note, the mortgage tetan servicing obligations to Borrower will remain with the Loan 3erviear at be tran+(etrod to a saccaator Loan Servieer and aro not assumed by tbo Note purchaser unless otherwise provided by the Note paardwar. Neither Borrower nor Lc,der may commence, join, or be joined to any judicial action (as either an individual lidgmet or the member of a dass) that arises then the other party's actions putgtanc to this Security Instrumat or that alleges clot the other panty has breached any provision d. or sqy duty owed by reason of, this Se Inutru icut, nmdl latch Borrower or Lmader has notified the outer patty (with such notice given in compilanco with the requirements of Swim 13) of fetch »Wged brew and afforded the other potty hereto a reasonable period otter the giving of such nouns to take eorrecove action. If A-11-hie Law provides a time paudod which most alapse befin curtain action can be W am, do time period will be deemed to bs reasonable for porposes of this paagaph. 1% funded, of aoteie>tettion and opportunity to ease liven to Borrower Pursuant to section 22 and the notice of sooderatlon liven to Borrower ptarwant to Section 18 shall be deamd to sandy the notice and oppogtoniry, to take cmwdve action provisions of this Soctiou 20. 21. gar rdo% Substances. As used in this Section 21: (a) 'Haratdoua Subsunc es' are those substances defiucd as toxic or hazardous substances, pollutants, or vmm by Eaviromaeatal Law and the following substances: p solute, kwo mas, other 11aim able or fordo peerclemn products, toxic penicides and herbicides, volatile solvents, matm'ialt coutsinhig asbestos or formaldehyde. and radloaetive ttaasetids; (b) 'Bnvironnwatal Law" assns Were] laws and laws of the jurisdiction wheere the property is located that relate to health, safety or environnmial protection; (c) 'Eaviroo>esesta1 Clsamo" includes any response action, remedial action, or removal action, as defined in En !muse ntal Laver, std (d) an 'linvirvmnontal Condition' masse a condition that can caws, contribute to, or otherwise trigger an Environmental Cleanup. 711A eAePAa Mon f y? u w u ?? Poem 3036 Vol BK191OPG4884 09-10-'09 17;37 FROM- T-755 P0019/0060 F-657 Borrower " Dot caws or Permit ON Pretence, nxe, disposal, c, or relmse of any Hamrdoes Substances, or thream to release any Hatsudoas Srbm". as cr is ? . Bummer "not do, nor allow "hma else to do, . ydthtl ?ha proPottY (s? that b la v of rnt F?wimDDmeanl Law, ) M?hid or"" an ?Saft=Eptal `?entl0nr of (C) wwc dui 0 the F010004, U04 or mieala of a two mloom slue; rm an s cottdittwt drat atl y attars t? vahrs of ,, '01% p?oedi?,? +tOpIY to ? %xv, sae, of sawrt?ge on the o aasunU qwo? Huardoua Subsimms?y ?reoori. to be Vptopdata to reAkalai nset gad to mwabmmp of tbo p t toting, Urdted to, Iaaetdous subsmm In o o mer Bmvft r 11aU Pftmf iy give Candor wrium noting of (1) my in?a. Will. 40=0 wiWt or other action by any goverameatal or rgdatmy or unto 41, *0 hQWW ad my Haasdous Subtance or Emrironmow Law of w Borrows ht1 aotad R) of Enviro==W Condition including but not Ihafoed to, tpft, lWng. d e Ong release of any Ha wdoas Substance, and (c) any coal csusW by the Pr's, vu ot ulna of or Hatstrdotts subgtanoe which advemeUr s?feots rho vmbm of dm 8topeety. If Borrower learns, or Is modAW by vary verammgd or ttlg , or mY p Pwy. drat rearo or other[ remedimilon of mtw t Sbbatnoe dw proptetr is neoeaquy. 8osrowar shalt provleml pdy a8 eo alontoWi on mmedlat at am is aoootdam with lkvitnmmtel Law. Nothing hetain Val emm aDy aWUwty Leads foe an Eavironmew d Caelm? p.fi NON-UNIFORM COVI 7r. Borrower mad Lender Mahn oavoaattt ••ad W. as follow.: 22• Amlerationt Remedies. Leader ahoy give satkt to BormwprIor to aowimmion Borr maliv breach of any covtnaat or opeetttcat in dds Smimity betraouet OM ad _Oder hawwb to seeattaWea uadw Section it uWm A ? Law l?da odmwim ). Lmdar dog am* else ds6olt t be curd 7 (a) the %W(b) the action t+sgtdged to cure ttha tltslhn? (? when ed; and (d) that [When to care 60 AN* sin aw et/tlit is acceleration of tits sums eecared by to 9a?q' lmtaement, twedowtre M? pr lhoperty. Leader ahaU f+ettftar iofoem Bolroweg of the right to relumb aftr ao?a and the ff to aatiert to the faged"m pe g the soa•esdrleaee d a do&* or aw other deteose of Eort+owar to m;ukt ra4n and terWasam. if the default is act tauad as Lauder at its option away tequke itnrtrodtate In hill of ad mm nm d by that 3eearity without drttMe and law tom ma , Instrument by judf w L:t sbaU M satiWd to cotieet aU txpgntae inn uTW in ppr the remdim provi to tW oa 22, tncpl but not lingtod to, attoraayt:' keg gad costs title "Wens to the extant Fensitted by APPI Law. 23. Release. Upon payment of m11 mm secured by this Saourtty Imo, this SwAity bmum nt and the eaate ooavnyW "I terWaste and bmma void. After such oacurmoe, leader " dimbuge sad* this Security Instrument. Borrower shall pay an lrxordmtbs costs. Lmdar may tit qe ftTower a he for relessing this Se?curitY barvmmt. but oWy if the fee is paid to a t1drd party fa smvias rendered and the nbargiati of the fan Is pormitkd under Apoksbio law. 24. Waivers. Borrower. to the tntDlntemt "Im W by Andico* Law. valves and slams say error or deftcts promedings to future IM p tot stay of execution, y W and a? y waives the benefit of aW present or and bomaatead exemption. Mort trove mttschmeat, 16y and We, 25. RtWM& aeut Period. Bmtracver's than to reinstate provided in S"dou 19 shall extend to one hour prior to the commm"matt of bidding st a sherifrs sale or other sale pummU to this security Instrument. 2d. Putbase Mousy Mode. If soy of the debt sa meti by this Security lruttuomnt is lent to Borrower to acquire dde to the property, this Security Instrument shsll be syu-cltaig moucy 27. Interest Rate After .ludam w. Borrower sprees thu the imerast rate •MymWee tfur? is entered on the Now or in an action of mortgage foreclosure shall be the rue payable from tme m time under the Note. QtWPA) mm) Pon* 14 of 10 form 3030 1101 OeS.MA OK 191 OPG4885 09-10-'09 17:37 FROM- By SK"NG BELOW, Dwower acoepm and Wow to the Was and oovemnts oootained in Ws Sawrity Lat U=W and in ay Rider exciawad by &mower mnd reeordad w f*.,. Wnueeuea: O) (seal) -8oUoww (Seat) (W) -BOMWer ,Bn~ Ali CHAD E. ASHLEY ' (Scot) TRACEY L. ASHLEY T-755 P0020/0060 F=657 (Seal) (See) -86nDwet .Batcowec ft"PM atom OMIPA Pep 16 of to /OflMI sm +lot 8K 191 OPG4886 09-10-'09 17:37 FROM- T-755 P0021/0060 F-657 Cerdl?eata of Iteddwtee ?? ?' J?-- ? J ,. ^ I' do Wmby oertify OW dt corract address of tha within-numd Mortgagee Is P.O. Box 2026. Flint, MI 48501-2M6. Witceas my hood this i day of VJt,-k "400S C ACK V. VA VAL Pvi*M A`saa otmoup$ft :. n f11)gc h- m COMMOMMALTH OF PENNSYLVANIA. County ast On this, the day of Jv c?00`, , bctbrc mc, ttte ttttderstCned ofticer, personally appeared cl"a 9 _ Q•34?? `` i Ott?O ?3 p.czl L satisfaclarily proven) to W the known to me (or achnowl°48ed that he/sWthey asxa?coted ) this w same e for the p tut da purrposposees herein ootaltonrd. the widda instrunum and n IN WI[NEU WKUBO . I betam set my band and official teal. MY Commission Expires:Otl _ k lw'C\50 Paft pa* Lower . Men t -e;AiPA) 02oei rw. +s a t o . Form d i m T A. BK.19 1 OPG4887 N6'Q 1 09-10-'09 17:37 FA011- T-755 P0022/0060 F-657 Stewart Title Legal description of the land; f_EGAL DESCRIPTION ALL THOSE CERTAIN tracts or pieces of lend situated In the borough of New Cumberland, County of Cumberland and 81ate of PenrWivanis, b"V the Northam 20 feet of Lot No. 34 and the Southern 2 feet of Lot No. 33, 8" "H", in the general plan of =1 W. Bubx tls Addition to the Borough of New Cumberend, as recorded In the Recorde une b, Page 488, and the Southern r's oft* at Csdnnoylvania, in Deed Book *W' Vd portion of 4 feet of Lot No. 34, Block H, in the general plan of George, W. Buttcrl's Addition to New Cumberland, as recorded in the above described Reoordoes.Offioe In Deed Book *W, Volume 11, Page as, both tracts more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point on the Western Une of Eutaw Avenue, said point being 71 feet In a Southerly direction from he southwest comer of Ruby and Eutaw Avenues; thence in a Westerly direatbn by a line at fight angles to Eutaw Avenue, 140 feet to Pear Allay; them In a Southerly direction aktM the Eastern line of Pear Alley 22 feet to a pohtt; thence In an Easterly direction 140 feet to Eutaw Avenue; twine In a Northerly direction along the Western line of Eutaw Avenue 22 feat to the place of BEGINNING. and ha ng erected thereon the Southern half of a double two and ons4W story bride and theme dwelling house, known as No 318 Eutaw Avenue, and a part of a two and one-half story building to the rear of the above referred to dwelling. TRACT NO.2 BEGINNING at a point 49 feet North;ef the Comer of a certain alley In Black H, and Eutaw Avenue, known as River Alley, and extending WesMrl?y 140 feet to a 20 foot wide alley, thence Northwardly, 4 fast to a point: thence Eastwordly through the Southern portion of Lot No. 34, 140 foot; them Southwardly 4 feet to the Northern line of Lot No. $4, the place of BEGINNING, havktg erected thereon ft other ps# of a two and one-half story building to the rear of the dwelling referred to as 310 Eutaw Avenue in Tract No. 1, above describe, BEING PARCEL #26-254)006-124 1 Certify this to be recorded In Cumberland County PA h "w Recorder of Deeds Levi Desorption MON54U PFOMOOM54M) 1311191OPI4888 QiJ ?? Pr "r'nL- ZUJU:tr ?U A4 t. "Y ?i *qa. oo Pa A'CM c1c* 854 oa e a,?1 sa9 McCABE, WEISBERG & CONWAY, P.C. BY: MARL S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Bank USA v. Tracey L Ashley and Chad E Ashley Attorney for Plaintiff N ~~ a -i v ~ ~ rte"' '~ ~ Cumberland County ~, ~;' ~ c': ~~~ Court of Common Pleas ~ ~ Vi ~ ~~ r~-, Number 09-8528 Civil Te " r -c PLAINTIFF'S REPLY TO DEFENDANTS' AFFIRMATIVE DEFENSES Denied. Said averment is a conclusion of law. 2. Denied. Said averment is a conclusion of law. WHEREFORE, Plaintiff demands judgment against Defendants, Tracey L. Ashley and Chad E. Ashley. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Tracey L Ashley and Chad E Ashley Cumberland County Court of Common Pleas Number 09-8528 Civil Term CERTIFICATE OF SERVICE I, Marc S. Weisberg, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Reply to New Matter was served on the below party on the 4th day of June, 2010, by the United States mail, first class: Tracey L. Ashley, Pro Se 316 Eutaw Ave New Cumberland, Pennsylvania 17070 and Chad E. Ashley, Pro Se 316 Eutaw Ave New Cumberland, Pennsylvania 17070 Ck~ DATE: ~ ( J Attorney for Plaintiff MARC S. WEISBERG, ESQUIRE MCCABE, WEISBERG & CONWAY, P.C. Heidi R. Spivak, Esquire (Attorney I.D. 74770) 123 South Broad Street Suite 2080 Philadelphia, PA 19109 HSBC Bank USA, Plaintiff, v. Tracey L Ashley Chad E Ashley, Defendants. Attorney for Plaintiff Cumberland County Court of Common Pleas Number 09-8528 Civil Term PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: c <? o y - .c Kindly mark the above captioned matter as Discontinued and Ended, without prejudice. McCabe, Weis Attorney for P] rR. By: HEIDI R. S & Conway, P.C. ff MCCABE, WEISBERG & CONWAY, P.C. Heidi R. Spivak, Esquire (Attorney I.D. 74770) Attorney for Plaintiff 123 South Broad Street Suite 2080 Philadelphia, PA 19109 HSBC Bank USA, Cumberland County Court of Common Pleas Plaintiff, Number 09-8528 Civil Term Tracey L Ashley Chad E Ashley, Defendants. CERTIFICATE OF SERVICE 1, Heidi R. Spivak, Esquire, hereby certify that a true and correct copy of the within Praecipe to Discontinue and End was served on the below person by the United States mail, first class, postage prepaid, on August 26, 2010 . Chad E. Ashley and Tracey L. Ashley 316 Eutaw Ave New Cumberland, Pennsylvania 17070 9/-L,/,- J DATE: