HomeMy WebLinkAbout09-8657
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE
CORPORATION
18400 Von Karman, Suite 1000
Irvine, CA 92612
Plaintiff,
V. NO. oq - 8!057 Oi v i t leer vL
TODD S. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
and
LISA M. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
Defendants.
NOTICE TO DEFEND
"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.
404907-1
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."
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las 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 propiedad u otros derechos
importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABODAGO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
404907-1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE
CORPORATION
18400 Von Karman, Suite 1000
Irvine, CA 92612
Plaintiff,
V. NO. 0 9- k657 TODD S. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
and
LISA M. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
Defendants.
COMPLAINT
1. Plaintiff is New Century Mortgage Corporation, with an address of 18400 Von
Karman, Suite 1000, Irvine, CA 92612.
2. Defendant, Todd S. Burnham, is an adult individual with a last known address of
507 Hogestown Road, Mechanicsburg, PA 17050.
404907-1
3. Defendant, Lisa M. Burnham, is an adult individual with a last known address of
507 Hogestown Road, Mechanicsburg, PA 17050, and is, upon information and belief, the wife
of Defendant, Todd S. Burnham.
4. On or about February 10, 2006, Plaintiff made a loan ("Loan") in the amount of
$163,600.00, secured by the premises known as and located at 507 Hogestown Road,
Mechanicsburg, PA 17050 ("Premises")
5. At the time Plaintiff made the Loan (and indeed at present), the Premises was
titled in both Defendants' names. See copy of deed attached hereto as Exhibit "A", the
provisions of which are hereby incorporated by reference as though fully set forth.
6. Further, at the time of the closing of the Loan, both Defendants were named as
borrowers on the HUD-1 settlement sheet relating to the closing, and both Defendants signed
same. See Exhibit "B" hereto, the provisions of which are hereby incorporated by reference as
though fully set forth.
7. However, and despite the foregoing, the mortgage securing the Loan
("Mortgage"), was executed by Defendant, Todd S. Burnham only, and not by Defendant, Lisa
M. Burnham. A copy of the Mortgage is attached hereto as Exhibit "C", and the provisions of
same are hereby incorporated by reference as though fully set forth.
8. Due to the fact that only Defendant, Todd S. Burnham, and not Defendants, Todd
S. Burnham and Lisa M. Burnham, signed the Mortgage, a mutual mistake occurred in reducing
the intention(s) of Plaintiff and Defendants to writing in the form of the Mortgage, with the result
that the Mortgage does not fully embody the actual, true intention(s) of the parties.
404907-1
9. Accordingly, as a result of the aforementioned mutual mistake of the parties, the
Mortgage, at best, only attaches to the interest of Defendant, Todd S. Burnham, in the subject
premises, when it should attach to the interests of both Defendants in the Premises.
10. The Loan is presently in default because of Defendants' failure to make payments
due thereunder. However, Plaintiff cannot effectively proceed with its legal remedies under the
Mortgage, since Defendant, Todd S. Burnham, is the only signatory thereto.
COUNT I - QUIET TITLE/REFORMATION OF MORTGAGE
11. Plaintiff hereby incorporates by reference the provisions of paragraphs 1 through
10 above as if the same were more fully set forth.
12. As a result of all of the foregoing, the Mortgage must be reformed to include
Defendant, Lisa M. Burnham, as a party/signatory/mortgagor thereto, as of the date of execution
of the Mortgage (February 10, 2006), in order that Plaintiff may proceed with its legal remedies
under the Mortgage.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order
providing that the Mortgage be reformed to add Defendant, Lisa M. Burnham, wife of
Defendant, Todd S. Burnham, as a party/signatory/mortgagor thereto, effective as of the date of
execution of the Mortgage (February 10, 2006), and providing for such other and further relief as
this Court may deem fair and just.
COUNT II - UNJUST ENRICHMENT (IN THE ALTERNATIVE)
13. Plaintiff hereby incorporates by reference the provisions of paragraphs 1 through
12 above as if the same were more fully set forth.
404907-1
14. Defendant, Lisa M. Burnham, is and remains an owner of the Premises, and
enjoys the benefits and profits of the Premises and of such ownership, while presently not a
party/signatory/mortgagor to the Mortgage.
15. Defendant, Lisa M. Burnham, has been unjustly enriched at the expense of
Plaintiff, since Plaintiff cannot effectively exercise its legal remedies (i.e. foreclose on the
Mortgage) even though the Mortgage is in default for non-payment, since Defendant, Lisa M.
Burnham, is not a party/signatory/mortgagor to the Mortgage.
WHEREFORE, to prevent further unjust enrichment to Defendant, Lisa M. Burnham,
Plaintiff respectfully requests this Honorable Court to enter an Order providing that the
Mortgage be reformed to add Defendant, Lisa M. Burnham, wife of Defendant, Todd S.
Burnham, as a party/signatory/mortgagor thereto, effective as of the date of execution of the
Mortgage (February 10, 2006), and providing for such other and further relief as this Court may
deem fair and just.
COUNT III - EQUITABLE LIEN (IN THE ALTERNATIVE)
16. Plaintiff hereby incorporates by reference the provisions of paragraphs 1 through
15 above as if the same were more fully set forth.
17. As per Exhibit: "B" hereto, the following items were paid off at the closing of/on
the Loan:
(a) Loan and/or mortgage to Washington Mutual Bank, F.A. in the amount of
$129,345.26;
(b) Loan and/or mortgage to HSBC Mortgage Services in the amount of
$19,851.66;
(c) Sewer fees of Silver Spring Township Authority in the amount of $190.58;
404907-1
(d) Real estate taxes in the amount of $584.38.
18. It would be inequitable if the lien of the Mortgage did not attach to the subject
premises, since the aforementioned debt encumbering the Premises was paid off at the closing
on/of the Loan. Furthermore, upon information and belief, $8,915.12 in net proceeds was
received by Defendants as a result of the closing. See Exhibit "B".
19. Defendants benefited financially to the extent that sums were paid as set forth
above, as the payment of such sums directly benefited Defendants' ownership/interests in/to the
Premises.
20. As a result of all of the foregoing, the Mortgage should be decreed and adjudged
to be an equitable lien on the Premises in the principal amount of $163,600.00, effective
February 10, 2006 and until the date such equitable lien is satisfied or discharged by Plaintiff,
and Plaintiff should be decreed and adjudged to hold the interest of a mortgagee consistent with
the foregoing.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to decree and
adjudge that the Mortgage is an equitable lien on the Premises in the principal amount of
$163,600.00, effective February 10, 2006, and until the date such equitable lien is satisfied or
discharged by Plaintiff, and that Plaintiff holds the interest of a mortgagee consistent with the
foregoing, plus such other and further relief as the Court deems fair and just.
LAMM RUBENSTONE LLC
By:
Brian H. Smit , Esquire
Attorney I.D. No.: 65627
3600 Horizon Blvd., Ste. 200
Trevose, PA 19053
(215) 638-9330
IA/
Dated: ZAttorneys for Plaintiff
404907-1
10/05/2009 10:56 FAX 215 567; '2 PHELAN HALLINAN SCHMIEV
7=9 D880, made the 11o`day of April, 19941
BLIW88N Todd S. Burnham, of 507 Rogestown Road,
Machanieaburg, Cumberland County, Pennaylvania.hereln designated
as the Glrantorl
AND
Todd S. Burnham and Line M. Burnham, his wife, of 5o7 1logestown
Road, Mechanicsburg, Cumberland County, Pennsylvania, heroin .
designated as the Granteeei
Geller andthat
no/100 Gfol.coj lawful dmoneconsideration othe United fStates of
America, to the Grantor in hand well and truly paid by the
Grantees at or before the sealing and delivery of these'
presents, the receipt whereof Im hereby acknowledged and the
Grantor being therewith fully satlafied, do by these preSanta
grant, bargain, sell and convey unto the Grantees their heir.
and asaigna, forever, as tenants by the entiratieo
ALL THAT CBRTAIB lot of ground situate In silver Spring
Township, Cumberland county. Pennsylvania, bounded and deecribed
e9 follows, to wit,
88OINNING at a paint in the middle of public road leading
from the Borough of Mechanicsburg to the village of Hogestown,
known ¦o the Rogestown Road, said point being 311-SO feet
maa.ured in a northerly direction along the middle of said
Hogeatown Road from the middle of the intersection of a public
road with sold Rogeatown Raodj thence along land now or late of
warren T_ Sheffer, at ua, South 77 degrees 25 Minmtes OO eeconda
Nest, 373.00 feet to a point at lands now or late of John R.
Finnuy, at uxi thence along sold lands now or late of John H.
Pinney, nt ux, North Os degrees 15 minutes o0 ascends Neat,
100.00 feet to a point at the line of leads now or late of Annie
E. Rhoadaj thence along the line of lands now or late of Annie
8_ Rhoads, north 77 degrees t3 minutes 00 seconds East, 315.00
feet to a point in the middle of Rogentown Road, aforesaidt
thence along the middle of Said Rageotovn Road, South 04 dcgreaa
15 minute. 00 aeconds soot, 100.00 feet to a point, the place of
OR0331MING.
RAVING T9RRSOR BRRCrBD a One story frame and block dwelling
known and numbered as 507 Rogestown Road, Mechanicsburg,
eennsylvania
GNORN AND BUBJRCr, RRVnT91L988, to easements, restrictions,
reservations, conditions and rights of way of record.
?h 04 PAS( 176
[046/050
1-.
051152009 9:05:27 AM CUMBERLAND COUNTY ins18199412128 - Pago 1 of 3
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i
ARSNS the Game premiss which Michael v. Russell and Cbdrry
8, Russell by Dead dated Jaly Gth, 1997 ¦ad recorded in the
Ot[ice or the Recorder in and for Cumberland County in Dead Doak
A•, volume 3G, Page 130, granted and conveyed unto Todd 9.
Burnham, ¦ingla can.
THIS CONVBYANCB 18 FROM IRRIRAND TO lR1SSANO AND wIFB AND IS
T1f9ReFOR9 mmnPT FROM AMY RSALTy TRANSpW TAXES ASSOCIATED
11SR®NI1M.
Together with all the buildings, improvements, ways, woods,
waters, watercourees, rights, liberties, privileges,
hereditaments and appurtenances to the 0300 belonging or In
anywise appertaining; and the reversion and reveraicaa,
remainder and remainders, rents, issues and profits thereof, and
of every part and parcel Chereofl AND ALSO all the eatate,
right, title, Internet, use possession, property, claim and
ins d to whatsoever of the GRL%JOA both in law and in equity, of, the premises herein described end every part and
parcel thereof with the appurtenances. To have mad to hold
all and singular the premises heroin described together with the
hereditament& and appurtenances unto the Orantsea and to
Graxtaee' proper use and benefit forever-
AND the GRANWR covenant that he does and will speelally
warrant the lands and promisee, hersditaments and appurtenances
hereby conveyed.
7n all referoncee hereln to any parties, persons, entitleo or
corporation, this use of any particular gander or the plural or
singular number is Intended cc include the appropriate gender or
number as the test of the within instrument may require.
Whenever in this Instrument any party shall be dealgnated or
referred to by name or general reference, such designation in
intended to and ,hall have the same offset as, if the words
'hairs, executors, administrators, paraenal or legal
representatives, successors, and assigns" had been inserted after
each and every such designation.
in bliTlitt9 NSCNtoP, the ORAN7UR have hereunto set his hands
and scale, the day and year first above written.
mica p SBALOD AND DSLrVaxrD
In the prasaade of
or Attested by
Todd 6. Burnham
Vow 104 na 177
06/15/2009 9:08.27 AM CUMBERLAND COUNTY
Incl.# 199912120 -Page 2 013
10/05/2009 10:56 FAX 215 567. '2 PHELAN IIALLINAN ScHmjEr
STATE or PpasmVAMIA, co.om of CUMBRRLAND` 99.,
DE IT REMEMBERED, that on April 11'? 1994, before me the
subscriber pe reonally appeared Todd ?S. Burnham known to ma for
satisfactorily proven) to be the parson whose name is oubecrlbed
to the within deed and arhnowlydgad that he eacuted the some
Eor the purposes therein contained.
WITNESS my, hand end meal the day and year aforesaid. .
MMa aolUmltlER J ?INets Public 1,
_ 1IU 4 ?` a ?•
I hereby certify that the precies maiiin sddrpes of t a
Grantees is as followea 30l d.? MkL„?c
(A A VQ/, A&d
Attorney a rant sea
MMIDNNUALTH OF PENn9YLUANIA)
1 So.
COUNTY OF CUMBERLAND
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RECORDED on this ` day of
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08/15/200D 8:08:27 AM CUMBERLAND COUNTY
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10/05/2009 10:49 FAX 215 567 t-•12 PHELAN HALLINAN SCHHIEG 9020/050
SETTLENIE&ATEMENT UALDEPAR11AENTOFIN0 FlaNwnbot Oa1015
OPWvWFarm for AhOURMANDEVELOPMENT 1006400140
T? .L..
NAME OF BORROWER: Todd S. Burnham and Un It. Burnham
NAME OF LENDER: Nofr Cmdwr Martyapa Cop.
PROPERTY ADDRESS: $07ttulntmmRbad,Matbul ab",PA171p1
GET MEMENT AGENT: First Cholaa AbatmA Tabphonc 216.511.0011 Fag: 216J' 16•I7Bo
t501. PayoR6/08170615 120
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1520. TOTAL DISBURSED 150
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1501. PLUS CapdClled bom ammft, D.00
1002 MINUS Tow 626mmd Ch"o, S,O71ai
1001 H06UB ialol0hburamlenp ? D01dg f 50,001.55
10W. EQUALS obli m mh Is boomer 5,015,12
(4110 vspyaft d my.PPj br
raarbfb n pwbd nmubad by Itaf
irnawt4a.mw.wa awn.,,,1 ?lMINw'/ u?t?, w/?nlo Y.w,q s14b 4se...ae.IMn ?u.y ?rarrll?WNYYnRpn?gkr4eac?Vp qY ryyp„K
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10/05/2009 10:50 rAX 215 567 ^972 PHELAN IIALLINAN SCMIIFr'- 16025/050
R09EF.T P. 2NEGLER .
RECORDER o .+ E1}5
CUM8ERLANL1
1006 NQ 1 fl?l 9 56
Prepared By.
F
New Century Mortgage Corporation
18400 Yon Karnan, Ste 100D
Irvine. CA 92612
800-967.7623
Return To: Fi 9-Ctno i(r bstw-f
tSQCU[QS+,IViiCC x4107
New Century M gage Corporation
18400 YAa-ICSrman, Ste 1000
Y .*We. CA 92612
800.967-7623 Prcmises:507 Mogestown Rd.
Parcel Number. 3$-2,0-1731-o2`j Mechanicsburg
n/a
I9tuce Abave TYe Una For Rmrdaq Dahl
MORTGAGE
DEFINITIONS
Wands used in multiple sections of this document are defined below and other woidi are defined in
Sections 3. 11, 13, 18, 20 and 21- Certain rules regarding the usage of words used in this document are
also provided in Section 16.
W "Baenrity lnetrumant"meaus this document, which is dated February 10. 2066
together with all Riders to this document.
(B) "Borrower" Is Todd 5 Burnham
Borrower is the mortgagor under this Socu ity Instrument.
(C)"Leader"is New Century Mortgage Corporation
Lender is a Corporation
PENNSYLVANIA - 5;nglo Faml y - I'mmis Aaaa/Fr WcUs We UNWbHJW INWMUMENT
OR -atPAI wcozi
•+w I of to al?wa
Vur M-9-W edu.b.,., Inc RIDa1671• el
$K 1941 PG3961
1006400860
Faim 3o3e itai
06/1 5/2009 9:08;38 AM CUMBERLAND COUNTY InaLA 200606597 - Peye 1 of 21
10/05/2009 10:51 FAX 215 567, '172 PHELAN HALLINAN SCHISM'"'
organized and existing tmder the laws of California
lendcr'saddrssis 18400 Von Karman, Suite 1000. Irvine, CA 92612
Lender is the mortgagee under thlt St cnrity Instrument.
(D) "Note" means the promissory note signed by Borrower abd dated February 10. 2006
The Note dtatet that Borrower owes Lender ONE HUNDRED SIXTY-THREE THOUSAND SIX
HUNDRED AND 00/100 Dollars
(U.S. S 163.600.00 } plus bueron. Borrower has piomiscd to pay, this debt Iii regular Periodic
Payments and to pay the debt is finll not later than 03/01/2036
(E) "Property" means the property that b described below tinder the heading "Transfer of Rights in the
Propety."
(1) "Lean" means the debt evidenced by the Note, ploy Interest, any prepayment charges and late charges
due rooter the Note. and all sums dub under this Security Inauameni, plot interest.
(v) "Riders" meow all Riders to this Security Instrument that are executed by Borrower. Ile following
Riders are to be executed by Borrower (check but as applicable):
® Adjustable Rate Rider Condominium Rider ?] Second Home Rider
[??J Balloon Rider Planned Unit Development Rider o 1-4 Family Rldrr
VA Rider Biweekly Payment Rider ® Other(s) Ispee fy]
Prepayment Rider
ARM Rider Addendum
(14 "Applicable Law" means all controlling applicable fedetai, state and local etatules, re&iatious.
ordinances and admin iattative roles and orders (that have rho effect of law) as well as all opplicatile final,
ma-appealable judicial opinions.
(1) "Commpnity Association Days, Feet' and Asseameab" means alt doea, feet, awce amculs and other
charges that ate imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Trander" means any transfer of finds, other than a transaction originated by
check, draft, or similar paper instrument, which Is Initiated through an electronic terminal. [deoumic
instrument, computer, or magnetic tape so as to order, Imttuct, or authorize a frnatteial tnsUpidon to debit
or credit an account. Such term Includes. but is not Ihnlted to, point-of-sale transfers, amomated hirer
machine transactions. tranafm initiated by tdiybone, wire trausfes, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that ate described in Section 3.
(L) "D'keltaaeoms Proceeds" means any compensation, settlement, award of damages, or pioceeds paid
by any third Party (other than insurance prooctda paid under the coverages described in Section S) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other inking of all or any part of the
Property; (ill) conveyance in lies of condemnation; or (IV) miSmFoca ations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" mram Insurance protecting Lender against the nonpayment of. or defaolt on,
the Loan.
(N) "Periodic Payment" masers the regularly scheduled amount due for (i) principal and interest under the
Note, plat (yi) any amounts under Section 3 of this Security Instrument.
1006400860
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(O) "REBPA" means the Real Estate SeXtlentwt Pruv6duhm Act (12 U.S.C. Section 2601 el seq.) and its
implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or arty additional or successor legislation or regulation tbat governs the mere subject matter. As used
in this Security Instrumr ut, "RESPA' refers to ell mquinarterrts and restrictions dtat are iraposed in regard
co a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(P) "Successor In Interest of Borrower" morns any parry that has egress tide to tin: Prmpeny, wbetber or
not that puny has assumed Borrower's obligations under the Note and/or tbis Severity Inm anent.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (1) the repayment of Due Loan, and all reaewals, extensions and
modifications of the Mote; and (il) the performance of Borrower's covenants and agmeftema Imddr thlc
Security Lutranzat and ttu Note. For this pmpose, Borrower does booby mmtgage, grad and convey to
Lender the following described property located in the County trypeorttaoordleS Jadwkdool
of Cumberland IMAM Ofeodonagrrartdiateol;
See Legal Description Attached Hereto and Made a Part Hereof
which currently hag the address of 507 Hogestown Rd.
Mechanicsburg
('Property Address"):
tsuodI
lclryl. Pennsylvania 17050 lZIPcod<I
TOGEIM WITH ail the iuWmvemmM now or hereafter eructed on the pmpeny. and all
eagemnts. appmta=m=. and fixtures now or hereafter a part of the pmperty. All nplarementa and
additions shell also be covered by this Sccmig, InstrutmmL All of the foregoing is rc&rred to in this
Security Instrlwent ag the "Property."
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BORROWER COVENANTS that Borrower Is lawfully seined of the estate haeby conveyed aid has
the right to mortgage, grant and convey ILe Property anti that 9* Property is , enept for
cuminbrances of record. Borrower warrants and will defend generally the title to the Property against ill
claims and demands. Subject to any tlasrabromcea of record.
THIS SECURITY INSTRUMENT combines unitban covmmu for Bostonj on and non-wi form
covenants with limited variations by Jurisdiction to congdWe a unlform security Lutrumcna covering mat
property.
UNIFORM COVENANTS. Borrower twit Lender covenant and agree is follows;
L Payment of Prloclpal, fntwcff4 Escrow helms, Prepsymat Charges, and Late Charges.
Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borman shag also pay !lads for Esaow items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, If any check or other instrument fmdvW by bender as payment under the Note or this
security Instrument is rearmed to Lender unpaid, Lender may require that any or all subsequent payrrresss
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. (e) certified check, back chock, treasurer's check or
cashier's check, provided any such check is drawn upon an Instimlion whose deposits are insured by a
fedtaat agency. instrumentality, or entity; or (d) Eketionle Funds Transfer.
Payments are deemed received by Lender whom received at the location designated in the Note or at
such other location its may be designated by Leander in accordance with the notice proftions in Section 15.
Lender may return any payment or partial payrment jr The payment or partial payments are inauf dew to
bring the Loan current. Leader may accept any payment or partial payment Insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial
paynxnts in the futue, but Lender is not c6ftated to apply such payments at the emne arch payments ace
accepted- If each Periodic Payn au is applied as of its scheduled due date, then Leader need not pay
interest on 9napptied fronds. Lender may bold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower don not do so within a reasonable period of tlme, Lender shall either apply
such fords or return them to Borrower. If not applied earlia, mh finds will be applied to the twtstatdlog
principal balance under the Note imrnediatcly prior to foreclosure. No offset or claim which Bbrrowcr
might have now or in the tour: against Lender shall relieve Borrower from
the Note and Us Secantry Instrument or rots payments tints under
performing the covenants and agrtxrraeata seeu:d by this Sexutity
lnsteerrerent.
L Application of Payments or Prooeads, ExcW as otherwise described in this Section 2, all
payments accepted and applied by Lender shall ire appuw In the following order of priority: (a) interest
due under tie Note; (b) principal doe under the Not-: (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in wbkb it became due. Any reutaiuing a rnomns
shall be applied rust to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Leader receives a payment from Borrower for a delimpent Periodic Payment which Includes a
sufficient amount to pay any late charge doe, the payment may be applied to the delinquent payment and
the late charge. It more than one Periodic Payment Is outstanding, Lida may apply any psymesd received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
at-QIPA1 w°°a,
BK1941PC3964.
061152009 9:06:38 AM
p`°. `Or 10 Form 3038 1101
IM 028/050
CUMBERLAND COUNTY 1nst.N 200606597- Page 4 of 21
10/05/2009 10:51 FAT 215 567 72 PIIELAN 11ALLINAN SCHMIEG IA 029/050
06/1=009 9:08:38 AM
paid in foil. To the extent that any exams exists aft die payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late ehugee due. Vohmtary prepayments shall
be applied first to any prepayment charges and them as described In the Note.
Any application of payments, inatu nce pmceeda, or MlrctUaneoiA Fmcc dm to ptinclpal dae under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Flusds for $a tow Items. Borrower shall pay to I ender an the day Periodic Payments are due
unit the Note, until the Note L paid in fall. a aum (the Thah') to provide for payment of amounts disc
for: (a) taxes and assessments and other Items which can attain priority over ibis Security Inn umoot as a
lien or eadauabrance an the property- (b) laischbld psymen6 or wend haute on the Property if
premiums for any and an ln? ' any; (c)
premium, '?°? by Lender under Section 5; and (en Mortgage l ristuhurc
P any. or any atom payable by Borrower to Leader in Hen of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. There Melees are called 'Escrow
]term-" At origination or at any time during the term of the Loan. Lender may require that Community
Association Dues. Pecs, and Assessments. U any, be esxnwed by Borrower, and sorb duct. fees and
aaessments shall be an Escrow Item. Borrower shall promptly tarnish to Leader all notice of amounts to
be paid under this Section. Borrower shell pay Lender the Prods for Escrow Items unless Larder waives
Borrower's obligation to pay the Panda for any or all &=w Items. Lender may waive Borrower's
obligation to pay to Leader Fords for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower AW pay directly, when end where payable. Me anooms
due for any Escrow Items for which payment of Funds has been waived by leader and, if Leader requires,
shell tiusiab m ixrder receipts evidencing such payment within such rim period as Leader nay rt quire.
Banuwces obligation to make such payer and to provide receipts shell for all purposed be deemed to
be a covenant and agnecrocar contained in this Security Instrument, as the phrase 'covenant and aV&%Wnt"
is used in Section 9. If Borrower is obligated to pay Eri:raw items directly, Formal 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 them be obligated under Section 9 to repay to Lender any such
announe. Larder may revoke the waiver a8 to any or all Escrow Items at any dm by a notice given in
accordance with Section 15 and. upon such myocatio n, Borrower shall pay to Lehner all Fonds, and in
such amounts, that are then required wader this Section 3.
Leander may, at any time, collcet and bold Foods in an amount (a) sufficient to permit Leader to apply
the Funds at the time specified tinder RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Leader " estimate the nniow of Funds dire on the basis of tatueant data and
rereasonable catimates of expenditure of fhRmt Escrow Items or otherwise In accordance with Applicable
The Poch shall be held in an institution whose depanits are insured by a federal agency,
instrumentality, or entity (IwW bag Lender. N Lender is an Institution whose deposits an so Insured) or in
any Federal Nome Lou Bank. Lander shall apply die )lends to pay the FW=vr Items no hater than We time
specified under RBSPA. Lender shall not ebuge Borrower for balding and applying the Floods. annually
analyzing the escrow account, or vw*Ing the Escrow Items, unless Lender Pays Borrower interest on the
or Applicable W s and Applicable ble Law permits Leader to make such a charge. Unless an agreentem is made in writing
requires interest Io be paid on the Panda, Lender shall not be required to pay Borrower
any interest or cuniop on the Furls. Borrower and bender can lags in writing, however, that interest
1005400860
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shall be paid on the Funds. Lender sbtall give to Borrower. without charge, an annual &cotmting df the
Funds as required by RESPA.
If there is a surplus of Funds held is escrow, w defined coder RESPA, larder shall eecount to
Borrower for the excess fends in accordance with RESPA. U there is a nthartage of F» rde held is escrow,
as defined order RESPA, Lender shall notify) Borrower as required by RPSPA, and Bortuvhr shall pay to
Lender the amount necessary to make up the shortage in accordance with RP-SPA, tint in no more than 12
monthly paym ub. If there Is a deficiency of Prods held In tentsow, as defined undo RF.SPA, Leader shall
notify Borrower as required by RESPA, surd Borrower shalt pry to Lender the atmaoni necessary to make
up-the deficiency in accordance with RESPA, but in no more flan 12 monthly payments.
Upon payment in full of all tame secured by this Security Instrimmm Leader shall promptly refired
to Botmwer any Famb held by Lender.
4. Charges; Ueus. Borrower shall pay all taxes. assessments. charger, Tina, and impositions
attributable to the Property which can attain priority over this Security Instrument, Ieaaehbld payments or
ground rents on the Property, if any, and Community Aasoeiatlim Dues, Feu, and Awcumctits, if any. To
the extent that these items are Escrow Items, Borrower alall pay them in the manner provided in Section 3.
Borrower shall promptly discharge my lien which has priority over this Security Instrument unless
Borrower: (a) agrcw in writing to the payment of the obligation secured by flu lien In a manner acceptable
to Lender, bra only so long as Borrower to pcrfomdq such agreement: (b) contests the lien in good faith
by, or defends against enfonxment of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of do lien while those proccedlogs ate parting, but only until each proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrameot_ If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Imbumentt, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or
more of the actions sct forth above in this Section 4.
Lender rosy nxialre Borrower to pay a one-time charge for a real estate tax verification and/or
rcpurtiog service used by Leader in connection with this Loan.
3. Property lurtimm Borrower shall keep the improvenicuts now exiaring or hereafter erected on
the Property Insured against lose by lire, huatds included within the term 'extended coverage.' and any
other haurds Including, but not limited to, card quak es and !foods. for which Lender requires instuance.
This insurance shaft be maintained in the amounts (inchrdiog deductible levels) and for the periods Gnat
Lender requires. What Lender requirea pursuant to the preceding sentences can change during the term of
the Loan. The Insurance carrier providing the insuratrce shall be chosen by Borrower subject to Larder's
right to disapprove Borrower's choice, which light shall not be exercised unreasonably. Lender may
require Borrower to pay. In connection with this loan, either: (a) a ore-time charge for flood woe
determination, certification and tracking aervicea- or (b) a one- ime charge for flood zone determination
and certification services and subsequent chargea each time remappings or similar changes occur wbicb
reasonably might affect such dctermimtion or certification. Borrower shall clan be raptnnible for the
payment of any foes imposed by the Federal Emergency Management Agency in connection with the
review of any Hood zone determination resulting from an objection by Borrower.
1006400060
Q-81PA1 msomi r-W 8.116 Form 3039 1101
la030/050
8K 194 l PG3966
0611512009 9:08:38 AM CUMBERLAND COUNTY lnst112006MSPT - Pape 6 or 21
10/05/2009 10:52 FAX 215 567, 12 PHELAN HALLINAN SCHMIEG
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at header's option and Borrower's expense. Lender is under m obligation to purchase any
particolar type or amount of coverage. Therefore, such coverage shalt cover LLmder. W might or might
not protect Borrower. Borrower's equity in the Properly, or the contents of the Property. agaiml any risk,
heard or liability and might provide greatest or leaser coverage than was provioody In edTi m Sormwer
wJmowlodga that the cost of the Insurance coverage so obtained might sigrdflandy exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Under ruder obis Section S shall
become additional debt of Borrower sectored by this Security InsUmtraL These amounts shall kar interest
at the Note rate from the date of disbadiement and shall be payable, with such intaw, uprm notice from
Lender to Borrower requestitdg payment.
All insurmwe polioiea required by Lender and renewals of such policla shall be s abjdxt to Lender's
right to disapprove such polities. shall tnctade a standard mortgage clause. sad aban name Linder as
mort(tagee sd/or as an additional loos payee. Leader Shan have the fight to bold the ponder and n =Ad
certificates. If Lends requires, Borrower shall promptly give to Lender all mxlpts of pad premiams and
renewal notices. If Borrower obtains may than of Insurance coverage, not otherwise required by Leoder,
far damage to, or destruction of, the Property, such policy shall include a standard mudgage clause and
shall name Leader as mortgagee artNor as an additional loss payoc.
In the event of loss, Borrower shall give prompt notioxi to the insurance carrier sad Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lends and Borrower otherwise agree
in writing. say Insurance proceeds, whether or not the underlying inset uce was required by Lender, shell
be applied to restoration or repair of the Property, if the restoration or mpair is toommieally kaalble and
Lender's security is not le3aaoed. Daring such repair and restoration period, seder a1taU dove the right to
hold such ironance proceeds until Leiden has had an opportunity to impect such Pdnperty m ensure the
work bra been completed to Leader's sadsfaetion, provided that such Inspection shall be undertaken
prompLLy. Lender may disburse proceeds for the repairs and taimidon Ld a single payment or in a sedies
of progress payments as the work is completed. Utaless an agnancin is made in writing or Applicable Law
requires Intow to be paid on such insurance proceeds, Lender shall not be reignited to pay Borrower any
interest or euxings on such promc&. Pecs for public adjusters, or athOr third psalm. retained by
Borrower stall not be paid out of the insurance pro=Ws and shalt be the sole obligation of Borrower. If
the rotoration or repair is not economically feasible or Leader's savrity would be ieaeeaed, the hnsurmwe
proceeds shall be applied to the sums secured by this Security Instrument, whether or ant then doe, with
the excess, if any. paid to Borrower. Such insurance prucesda"be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Leader may file, negotiate and settle any available insurance
claim ash mleted matters. If Borrower floes not respond within 30 days to a notice from I.ardet that the
insurance carrier has offered to settle a claim, then Leads may negotiate and settle the claim. The 30-day
period will begin when the notice is gives. In either e:vear, or If Lmar acquires the Property under
Section 22 of otherwise, Borrower hereby assigns to Larder (a) Borrower's rights to any Insurance
proceeds in an amount not to exceed the amounts ua pdd under the Note or this security Imumnem, and
(b) any other of Borrower's rights (other than the right to any tefimd of unearlrdl premienis paid by
Borrower) corder all losunume policies covering the Properly, insofar as such rights are appliabLe to the
coverage of the Property. Lender may use the box== proceeds either, to repair or stare the Property or
to pay amounia unpaid under the Note or this security Instrument, whether or not then time.
1006400860
at-Sonar sows Pmw r .1,e t=om, 3039 1101
BK1941PGa9b7
q031/050
06115f2009 9:08:39 AM CUMBERLAND COUNTY install 200609597 - Pape 7 or 21
10/05/2009 10:52 FAX 215 567:' '2 PHELAN HALLINAN 5CHMIEG Q032/050
06/1512009 9:08:38 AM
6. 00copacy. Borrower shed occupy. establish, and use the Property as Borrower's principal
residem within 60 days after the exetttion of this Security Inslrurom and shall cootlmde to occupy the
Property 83 Borrower's principal naidenoc for at kno one yew enter fbee dale of occupancy, unless I.ender
otheralse 8V= in writing. wbkb consent shall not be nmgmsouably withheld, or Wkss ectetiasting
circumstances exist which are beyond Borrower's control.
7. Puroservadan, Mduteaance and PromWim of the Property; Irrspectlaw. Borrower nhaq 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, Borrows shall mak"In the Piopcny in
order to prevent the Property from deteriorating or decreasing in value duo to Its condition. Unlcas it is
determined punment to Section 5 that repair or restbration is not ccoadmically feasibie, Borrower shell
pwm dly repair the Property if damaged to avoid Amber deterioration or damage. If insurance or
condemnation proceeds are paid In connection with damage to, or the taking of, the Pivperty, Borrower
sball be responsible for repairing or restoriag the Property only if Lender bas nteaaod ptocreds for each
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insaram or oondemrmHon proceeds are not sufficient
to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasoaahie entries opan and inspections of the Propicly. If it has
reasonable cause, Larder may inspect the interior of the fntpmvemceats on Me Property. Lender shall give
Borrower notice at the time of or prior to such an Interior Inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower " be in dc*Wl if, during the Iran application
process, Borrower or any persons or aaitits acting at the direction of Bmrower or with borrower's
knowledge or consent gave materially false, misleading, or Inaccurate Information or amomim to Lemdrr
(or (sited to provide Lcndcr with material information) in connection with the Loan. Material
representations include, but are not limited to. representations concerning Borrower's occupancy of the
Property as Borrower's principal residmom.
9. Pmtmftn of Lender's Interest in the Property and Higbb Vadsr this tzmrity Imtiumrnt. If
(a) Borrower fails to perform the covem eta and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's Interest in the
this Socnrity Inst umcm (such as a proceeding in Property and/or rights ender
enforexment of a lien which may sin ' per' for condemnation or forfeiture, for
may attain priority over this Security Instrument or to eaiform laws br
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to ptofect Leader's Interest In the Property and rights under this Security
Instrament. Including protecting and/or assaelag flu value of the Property, and renaming and/or repairing
One Property. Leader's actions can i-Inds, btu are not limited to: (a) paying any sumo 6=urw by s lien
which has priority over this Sorority Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' Sees to protect its interest in Me Property and/or rights under this Security Instrument, including
its scored position in a bankruptcy proceeding. Securing the Property Includes, but is rot limited to,
entering the Property to make repairs change locks, replace or board up doors and windows. drain water
hum pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off'. Although Loader 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 Leader incurs no liability for not taking airy or all
actions authorized under this Section 9-
1006400860
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''?-DD ?'0" ? °' to rvrii. 30Jn 1lOl
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Any amounts d'ubarscd by Lender under this Section 9 BW become additional debt of Borrower
sawed by this Scemity Imtrtmient. 71h2ft amounts shall bear Inre= at the Now am from the dale of
disbt and shall be payable, with such interest. upon notice from Lender to Borrower requesting
payment.
If 11115 SecWty Imtfament i5 on a Imeb0ld, Burrower shalt comply with all lht provisions of the
lease. It Borrower acquires fee Ode to the Ptoperty. the lessebold and the fee title shall not merge unless
Leader agn= to the merger in writing.
e, Inkunme as a condition of If. for a the Loan,
10. Mortgage hwarenee. If I,cad er required Borrowd shall pay the ptcmlnms required to maintain M the Mortgage lasursace in ofmaking
the Mortgage Insurance coverage tapdred by Lender ceases to be available the mortgage °y reason,
previously provided such bum ibe insurer that
Insuranca and Bortuwer was required to °hake Separately dwignaied payments
toward the pre dutus for Mortgage Iastumce, Baaower shall the
coverage substantially cgai#Wcnt to die Mortgage Itwrraace pMr in e?°m5 a to obtain
eguivateot to the coat 10 Botrowrr of the Mbd&W f?Ect. eta coat laqu e previously in MOM from to
mortgage Inserter selected by Lender. If sutbamad I equivalent an alternate
available. Borrower shall cuntinue to eery to [.eshder the amothht of the Mortgage separately separately design y coverage is not
5[ed prytnenls that
were due when the insurance coverage ceased to be in elect. Lender will accept. use and retain the:sd
payments as a ton-refiudable loss reserve In lieu of Mortgage Insurance. Such lose reserve Shag be
urn-retbudable, notwithalabding the fact that the Loan is ultimately paid In M. and Lender shall ant be
re
reserve
quired to pay Borrower any interest or earnings on such loss reserve. Lender can no longer provided payments Mortgage Insurance coverage (in the amount and for the period that Under requires)
by an bmw selocoed by Lender again becomes nvailsble, is obtained. and Lender requires
scpanaly designated payments toward the premiums for Mortgage Insurance. If Lender required ttgagc
Insurance ae a condition of making the Loan and Borrower was required to make sepatarety dealgoatod
payments toward ft premiums for Mortgage Insu ance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in eflbck or to provide a rowalbmdable loss reserve. until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Under providing for such maceration or umdl terminaliom is Section 10 affects Borrower's obligation to required by Applicable Law. Notbin{g in this
Mortgage Insurance reimburses Under (or C° hiny o t? rem pin the a the Note.
MY incur if Borrower does not tie ? that purchases Note) for certain lotaes it
Insurance. repay Lout as agreed. Borrower is not a party to the Mortgage
Mortgage immm a evaluate their Iota] risk on all such insurance in fore from dine to time, and m'ay
curer into agreements with other parties that share or modify their risk, or reduce Iosses. 71eie agreements
a
re on trims and condkions that are satisfactory to the mortgage imtuer and dw other parry (or parties) to
these
of fonds agrecuscom. Thee agreements may regcre the matgage Imutter to make payments using say somce
that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance, premiums).
As a result of these agteirmenls. Lender, any, purchaser of the Note another any other entity, or any affiliate of any of the foregoing. may receive (dbvcdy or ioinsurer, any diier d rein.
Y Y) amounts that
derive from (err might be characterized as) a portion of Borrower's a
exchange for sharing or ?1?'' r the p ?ta for Mortgage agr nx. In
og mortgage Insurer's risk, or rt#tmitrg looses. If owl l ggreenrwt
provides ?wlo a Me insurcr, hits of the lances a aRare of the insurer's risk is exchange for
Premiums (a) arrangement a orlon lamed captive B Ft? :
a Share of the Any su& agreemenb will not affect the amoisots thin Bo
d is pap for
Mortgage Insurance, or any other hoes of the Loaa. Svelt alr trawler ohas
f agreed "a amount
Borrower will we for Mortgign Insurance, and
? Will rat entitle tiHtlet1a?eau Borrov etl' not
to any reload.
vp.9W fo roue 3039 1101 J;? _ [a033/050
-atPA) meozt rN,ae? 1006400860
8K t 941 PG3969
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(b) Aqy inch agzeemcas will not affed Me righh Ieorrliira 11115 - If MY - With rWPO" to the
Mortgage Ltsamce order the Noweerroars Protection Act of 1993 or any other lair. These rights
may Include the right to receive Certain dbdbssrer, to report and abisis coallation of the
Mortgage ladnraoce, to hove the Mortgage hmersnee terminated /abaulice ty, and/or to rewire a
rehad of awry Mortgage Insurance premrinms that were anarsed at the droe of such eiscxlhdvn or
tumbsodom.
11. Assignment of Miscellaneous Proeteds; Forfeitore. All Miscellaneous Proceeds We hereby
assigned to and shall be paid to Leander.
If the Property is damaged. such Miscellaneous Proceds ahetr be applied to rcitoration or repair of
the Ptuyerly, if the restoration or repair is economically feasible and Luatder's security is ode lersebed.
Doting 1neb repair and restoration period, Lender shall have the right to bold each Miscelinneoos Proceeds
until Lender has had an opportunity to Inspect: such Property to easom the work Us been comytaed to
Under's satidacdon, provided that such Inspection WWI be undalalm promptly. Lraft may pay for the
repairs and restoration In a single disbursement or In a series of progress payments a11 We work Is
completed. Unless an agreement is made In writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on soli
MaaUaneous Pmcecda, If the restoration or repair Is out coonomically feasible or Lenders security would
be lessened, the Miscdhom ua Proceeds ahall be applied to the snaps secured by this Security Insunmet.
whether at mt then due, with the excess. If any, paid to Borrower. Such Miecetiameous Proceeds chap be
applied in We order provided for In Section 2.
In the event of a total taking. destruction, or loss In value of the Property, the Miseellancque
Proceeds slab be applied to the sumo second by this Security Instrument, Whether or not then doe, with
the excess, if any, paid to Donower.
In the event of a partial talciag. destruction, or low in value of the Property in which the fair manta
value of tie Property JuvoeeLatdy Ware the partial taking, dat2uctlon, or loss In vdtue Is equal to or
greater than the amount of tie sums secured by this Security hettrnmed immediately bdfcwb the partial
raft. dejauction, or lose in value, unless Borrower and Leader otherwise agree in writing, the sum
secured by this Security Imumoan WM be reduced by the amount of the Miscellaneous Prooecds
umlilpliod by tie following fraction; (e) the total amount of the was secured immediatdy before she
partial taking, desmuction, or Ions in value divided by (b) the feir market value of the Property
immediately before the partial taking. destruction, or tors to value. Any balance shall be paid to Borrower.
In the even of a partial la du& destruction. or loos In value of the Property in which the fair market
value of the Property immediately before the partial tailing, destruction, or loss In valve is leas than the
amount of the sours secured l n wfttedy before the partial taking, destruction, or loss In value, -1
Borrawa and Leader otherwise agree In wri ft, the Miscellaneous Proceeds stall be applied to the stuns
secured by MU Security Instrument whether or not the soma an than due.
If the Property Is Abandoned by Borrower, or if, after notice by Leader to Borrower ;tat the
Opposing Party (as defined In the npm sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to l emdd within 30 days after the date the notice Is given. Lader is authorized
to collect and apply the Miscellaneous Pioceate either to restoration or repair of the Property or to the
amint sacred by this Security Instrument, whether or not then due. 'Opposing Parry" ineans the third parry
that owes Borrower Miscellumma Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action carp y whether civil or c"and, is begun tbat, in
Lender's judgment, could result to forfeiture of the Property or other material Impairment of Lcnder'a
Interest in the Property or rights under this Security lam meat. Borrower cam care snit a dcftdt and, if
acceleration bta occurred. reinstate as provided in Section 19, by causing the action or proceeding to be
1006400860
lnhir,:
st4HPA) ioeoif r.y. 10 d to Fwm 3039 2101
BK 194 1 PG3970
CUMBERLAND COUNTY IncL112006WS97 - Page 10 of 21
10/05/2009 10:53 IPA% 215 567. 72 PHELAN HALLINAN SCHMICV
dismined with a ruling that, in Leader's judgment, precludes ferfeltu m of the Property or other material
lmpaitmeat of Lender's interest in the Property or rights under this Security Instrument. 7de proceeds of
any award or claim for damages that ate attributable to the impairment of Lender's intend in the property
are benby assigaed and shall be paid to Lender.
All Miscellaneous Proceeds that at not applied io restoration or repair of the property shall be
applied in the order provided for in Section 2.
12. Bonmwer Not Released; Forbearance By Feder Not a Waiver. EnWasion of the time for
payment or modification of amortization of the Sams accuted by thin Security Indrument granted by L.emder
to Borrower or any Successor In Intend of Borrower shall not operate to release the liability of Borrower
or any Successors in Imcmd of Borrower. L=:Icr don raw be required to commence proceedings against
any Successor in h9cral of Borrower or to refuse to extend time for payment or otheirwiae modify
amortization of the sums secured by this Security Instrument by reason of airy demand made by the original
Borrower or any Successors In Wend of Borrower. Any forbearance by Linder In excridsing any rigbi or
remedy including, without limitation, Lender 'a acceptance of payments from third persons, entities or
Successors in Interest of Borrower or In amounts less shag the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Mat and Several L3abdBty; Co-signers Successors and Assigns Bound. BoridWer covenants
and agrees did Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-sigrn this Sccurky Insfmmcat but does not execate the Note (a 'co-signer'): (a) in co-sigrdng this
Security Instrument only to mortgage, grant amid convey the co-signer's interest in the Pte PdW under ltu
terms of this Security Instrument; (b) is not personally obligated to pay the matins secared by this Security
Instrunicut; and (c) agrees that Leader aced any other Borrower can agree to extend, modify, forbear or
make any seconmodations with regard to the terms of Wig Security Instnmtent or the Note without the
co-dgner's consent.
Subject to are provisions of Section 18. any Succcuor in Interest of Borrower who assumes
Borrower's obligations under this Security lastramemx in writing, and is approved by lender, shall obtain
all of Borrower's tights and benefits under this Security Imu maeat. Harrower shall rot be raitaeed from
Borrower's obligations and liability under this SecadW Instrument unless I.eadet agora 10 Such release in
writing. Time covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the oloosora and assigns of Leader.
14. Lana Charges. Lender may charge Borrower foes for services performed in connalion with
Borrower's default, for the purpose of protecting Leader's Intent in the property and dght's airier %is
Security Irtsnanleat, including. but not limited to, altmwp' fees, property inspection and valuation foes.
In regard to any other fees, the absdre of express authority In thla Security Instrument tin charge a specific
fee to Borrower shall not t e construed as a prohibition our the charging *of such fee. Lender may not charge
fees that arm eapresaty Vrohlblted by this Security Imbumeat or by Applkable law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally Interpreted so
that the Interest or other loan charges collected or to be collected in connection with the Lou exceed the
permitted limits. then: (a) any such )tan charge shall be reduced by the amount reasaafy to redmn 1 the
charge to the permitted limit; and (b) any turns already collected from Borrower which exceeded permitted
limits will be rdkinded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a whinil tedum principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whcihcr or not a
prepayment charge Is provided for tinder the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower Wright have arising oul
of such overcharge.
15. Notices. Ail notices given by Borrower or I ender In connection with this Security Instrument
must be in writing. Any nodcc to Borrower 1n connection with this Security Instrumeni 9M be deemed to
1006400860
4q-0(PA1 rostm P.o. i, of it Fwm 3038 1101
[A035/050
8K 194 1 P6397 I
0611512009 8:06:38 AM CUMBERLAND COUNTY Y InsL# 200606597 -Page 11 of 21
10/05/2009 10:54 FAX 215 567 12 PHELAN IIALLINAN SCMIlEr [a 036/050
Oa/152009 9:08:38 AM
have been given to Borrower when mailed by first class tail or when actually delivered to Borrower's
notice addida if seat by other means. Notice to any one Borrower shall continuo notict; to sfl Borrowers
unless Applicable law expmWy requires otherwise. The notice address shall be the Pmpeity Address
unless Borrower hue designated a subatitnte norms address by notice to lAsider. Borrower 60 prninptly
notify Linder of Borrower's change of address, If Leader specifies is procedure for retorting Borrower's
change of address, then Borrower shall only report a change of address through that apdcified proadow.
There may be only one designated notice address: wider this Security Instrument at any one time. Arty
notice to Leader shall be given by delivering it or by tailing it by first class mad to Lender's address
stated basin unless Leader has designated another address by rake to Borrower. Any notice in
com ution with this Security Lasunameat " not be theaood to Bove been given to Leader adil settiWy
received by Leader. If airy notice required by this Security Instrument is also required aodcr Applicable
Law, the Applicable Law requirement wig satisfy the corresponding regnirearent under ibis Sdc city
Irani nwa.
16. Governing Law; SeverabfBtyi Rules of Coastructioa This Security Ioahument 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 buttament are subject to any requirements and limitations of
Applicable Law. Applicable Law might espWtty or implicitly allow the parties to agree by cone nicr or it
might be silent, but such alence shall not be construed as a probibition against agreement by contract. In
the event that say provision or clause of this Security lostrisawnt or the Note conflicts with Applicable
Law, such conflict ahali not affect otha provisions of ibis Security lostrunwat or the Note which can be
given effect without the conflicting provision.
An used in this Security Instrument: (a) words of the masculine: gender shall meant aced include
corresponding nenter words or words of the femialne geada; (b) words in We singular shall [roan sad
include the ploral and vice versa; sad (c) the word 'may' gives sole discretion wlthdut any obligation w
take any action.
17. Berrawer's Copy. Harrower shall be given one copy of the Note and of this Security Ltstrument.
18. Trander of the Property or s Bfodicial interest in Borrower. As used In this Section 18,
'Interest in the property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transforred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the Intent of which is the transfer of fide by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the property is sold or handersed (or if Borrower
Is not s natural person and a bendicid interest in Borrower is sold or tronsfarod) without Leader's prior
written consent, Lender may require immediate payment in fail of all aim's second by this Security
Jnsaumeat. However, this option shall not be exercised by Leader If such eclat: Is prohibited by
Applicable Law.
If Leader exercises this option, L.e ti t t shall give Borrower notice of accderatioitThe notice shell
Provide a period of not it= than 30 days from the date the notice is given In aectail om with Section 15
within which Borrower must pay all sums secured by this Security Inritroment. If Boomer fails to pay
these sums prior to the expiration of this period. Lender mry invoke any reomdies permitted by this
Security Instrument without Anther notlee or demand on Borrower.
19. Borrower's Right to Rddustate After Acceleration. Jf Borrower meets certafa conditions,
Borrower shall have the right to have enforcement of this Sendly Instr'ume'nt discomtiaaed ar any am
prior to the earBesr oF. (a) five drys before sale of the property pursuant to any power of sale contained in
this Security lastromena; (b) nosh other period as Applicable Law might specify for the tertnitwitin of
Borrower's tight to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions arc that Borrower: (a) pays Lender all stima which them would be due aada this Security
Instrument and the Note as if no acceleration bad occurred; (b) cum any default of any other covenants or
1006400560
?e Faro 31138 1101
4 IPW we0:1 P.O. 13,A
BK 194 1 PG3972
CUMBERLAND COUNTY Inst.0 200590597 . Page 12 of 21
10/05/2009 10:54 rAX 215 567: "2 PIIELAN HALLINAN KMIEC Q037/050
agnxinenta; (c) pays all expenses incurred In enforcing this Security Instrument, including, but rot limircd
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees matins! for the
purpose of pmte:cting Gender's hiserrst Indic Property and rights under this Security Instrument: and (d)
takes such action as Lender mmy reasooaddy require to urine that I.IA Ws iniciest In the Prop sty and
rights under ihia Security Instrument, and Bonower's obligation to pay the susm second by this Security
lrostttuncut, shall continue unchanged. Lauder may require that Borrower psy such relosratewcat sums and
cxpsmsta In one or more of Ote following forms, as sdatod by lender: (a) cash; (b) money order; (c)
cadfied check, bank ebecX treasurer's chair or cashkr's cluck, ptovidod soy such chock is drawn upon
an Institution whose depoaits are Irmmed by a federal agcocy, Instrumentality or eruityy; or (d) lilechunic
Funds Transfer- Upon rcinslatemeat by Borrower. Us Security Instrument and obligations secured hereby
shall remain folly effective as if no acceleration bad occurred. However, this right to reinstate shall not
apply in the case of aecehration under Section 18.
20. Sale of Note; Chouge of Loan ServicM Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be fold one or mom times wilhoui prior notice to
Borrower. A sale might result In a change in Use endry (known as the "Loan Setvieer) that collars
Pesiodle Psyments due under the Note and this Security kwunmeot and performs other mortgage loan
servicing obligations under the Note, this Security Iradrament, and ApplicaW Law. There also might be
one or inom changes of the Low Services unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which wig stater the name and address of the
new Loan Seivicer, the address to which payments aboald be made and any other Wo muian RESPA
requires In connection with a notice of transfer of servicing. If the Note is sold and thereaft it the Loan Is
serviced by a Loan Servicer other than the purchase of the Note, the mortgage loan servicing obligations
to Borrower will rermin with the Loan Sesvicer or be uansfetred to a smcaasot Loan Servieer and are adt
moinned by the Note powhaser unless otherwise provided by the Nola purchaser.
Neither Borrower nor Lender may commence, ,loin, or be joined to any Judicial action (as either an
individual litigant or the member of a clew) that erica from the other party's actions pursuant to this
Security Irnsmummt or that alleges that the other patty has breached any provision of, or any duty owed by
reason of, this Security Whumuat, until such Borrower or Lender has notiflad the other piny (with such
notice given in compliance with the requirements of Section 15) of such alleged breach sad affartled she
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period whirl most elapse before certain action can be Wkein, that time
period wig be deemed to be reasonable for proposes of this paragraph. The notice of acceleration and
opportunity to rue given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower porsoant to Section 19 ahail be deaood to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Ilazardow Sobstanees. As used in this Section 21: (a) 'Hazatdous Substances' are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmemtal law and the
following substances: gasoline. kxroatme, other flammable or toxic parole mn products, toxic pesticides
and herbicides, volalrle solrrnts, mawdsla contai&q asbestos or formaldehyde, and n4oaedve materials;
(b) 'Environmental Law" means federal laws and lawn of the jurisdiction *bm &a Property is located that
relate to health, safety or crrlrnomcnial piumcdon: (c) 'Environments] Cleanup' includes any response
action, remedial action, or removal action. as defined in Environmental Law: and (d) an 'Environmental
Condition" means a condition that can cause, contribute to, or otheralae trigger an PaviroranenW
Clap.
1006400860
4 OtPA) 060E Pip 17 d 10 acre
Form 3030 1101
BIB 194 I PG3973
OW1512009 0:08:36 AM CUMBERLAND COUNTY InoUO 200800507 - Pago 13 d 21
10/05/2009 10:54 FAX 215 567 v2 PItELAN HALLINAN SCHMIGG
Borrower sban not cam or permla the presence. use, disposal, storage, or release of any Hazardous
Substances, or threaten to release arty Haza dow Substances, on or in the Property. Borrower noels not do,
allow atryone flee to do, arryWiag Flu ktropecry (a) that is in violation of any Eovirousaatsl
w, (b) whiter orates as Bsvlrotltaa ni (k? tlon, ar (e) which. doe to the presence, use, or rdasse of a
a
rdats Propbtty. 7110 preceding
two aCSteacee abaq not appty to loo preserrac. sae, or storage on the Property of email tptarilid" of
Hazardous 5hbtllaraa that art ggenerally recognized to be appropriate to normal residential uses and la
raainturitt of the 1'topesty (inelndr ,but ttoi limned to, hsmtdotts subsmnoes in eoaft mier products).
Borrower shall ptnrapily give I.endor writum rwtice of (a) arq? iwestigatioa, claim, demand. hrwsoit
or olEe7 action by any governmental sear regulatory agcy or pnvale party involving $0 Property and any
Hazzd:mx Stirbsreaa or Environmental Law of wWch Borrower has actual knowledge. (b) any
it
Environmental Coodltlon, incindlag but not limited to, any spilling. leaking. discharge, release or roust of
release of any Hazardous Substanim. and (c) any condition caused by the presence, rate or release of a
Hazardous Substance which adversely affects the value of the Pt gcrty. If Borrower Itams, or is notified
by any oo"gerrnatatal ar rrgslatory astbodty, a< say private party, that any removal or other remediation
of any 5ttbstaace atfe> brag the Property is necessary, Borrower nisei ptan4* rate all neceg aty
trmedial aexlom in ata?rdacce with 1?nvdraumeatal Law. Nothing berein shall iaeBts any obligation on
Lender for an Environmental Cleanup.
NON UNIFORM COVENANTS. Borrower and Leader farther covenanu and agree as follows:
22. Acceleration; RemedieL Lender shall give a stioe to Borrawsr prior to seeWbrodes fallowing
Borrower's breach of any covenant or agreement In this Seem* Instrument (bat so prior to
acceleration under Section la sudess Applicable Law provides odarwlse). L4Wjkr shag eotlfy
Borrower of, song other thfngas (a) the defadt; (b) tk anion required to core flee dlfaidh (c) when
the default must be cared; and (d) that Won to taro the default u spec" way resale In
acceleration of the some neared by this Security Iustiseek (a. oave by Judittrl proeeedlagatisad
sale of the Property. Leader sba111tirtber li faro Borrower of the right to r?to'itfi[r leederoa
and the right to eased In the fore esum prvcseellns the oowea4tence of a default or may other
defense of Borrower to acceleration and fendoaore i! the default is ant eeired as rrp6d9k4 Leader at
its option may re"re immediate payment to fall of all new scared by Ibis Security Instrument
without further demand and may fondue tide Security Instrameot by Judicial proceeding. Lander
sball be entitled to coiled all upeans Incurred In pureeing floe remedlem provided is Ibis Section 22,
Iududbag, but not limdted to, attorneys' fees and coM of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all same secured by this Security Instrument, ibis Security Instrument
and she estate conveyed shall terminate and become void. After such occur sce, Leadd'r than discharge
and sad* Wes Stcadry instrument. Bormwa shall pay say recordation costs. Lads may charge
Borrower a ree for relcadag this Security Instrument. bat only it the fee is paid to a third parry for services
rerAcmd and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extant permitted by Applicable law, waives and releases any error or
defects in proceedings to eafom this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exenVdon from attachment, levy and sale,
and homestead t uawtion.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior 10 We cormnencement of bidding at a aboiff's sale or other sale pursuant to ibis Sbmrity
Instrument.
26, Purchase Money Mortgage- If any of the debt seemed by this Security Instrument is lent to
Borrower to acquire title to the Property; this Security InstrmncN sho be a purchase money morigage.
27. Interest Rate After JudgmeaL Borrower agrees that the interest rate payable after a judgtnenl is
emend on the Note or In an action of mortgage foreclosure shall be tike rate payable from time to time
under the Nou.
1006400860
h,?
at-aIPAI mov r." 14 a is Form 3030 trot
@038/050
BK 194 1 PG3974
061152009 9:08:30 AM CUMBERLAND COUNTY inst.4200606597 - Page 14 of 21
10/05/2009 10:55 FAX 215 567; 72 PHU-LAN HALLINAN SCHMIEP Iaj039/050
BY SIONING BELOW, Borrower alzMu am agrees to The terms and covenants contained in thla
SccuMty L>sazumern and in any Rider execoted by Borrower and recorded with it.
Witnesses:
-1?d d. &'L (SCSI)
Tod 5 Burnham -aomwer
(Seal)
-Bairns
qk-a1PA) iocoa
Pq. Is of $0
8K 1941 P63975
O VIW009 708:38 AM CLIMBERLANo COUNTY
_ (Seal)
-Borrower
_ (Seal)
dtorrowcr
-Borrower -Borrows
_ (Seal) (Scat)
-Borrower -Borrawcr
1006400660
Farm 3039 1ro1
Inst.# 200 OSS97 - Page 15 of 21
10/05/2009 10:55 FAX 215 567; 72 PHELAN IIALLINAN SCHNIEC.
COMMONWEALTH OF PENNSYLVANIA, Comty M.,
On ", the day of F-%6rudw--pr-- goo(' before me, the
undersigned officer, personally appeared
known to me (or
satisfactorily proven) to be the person(s) whose name(s)&am subscribed to the within itntrumem and
actnowiedged that(e ahelthey mmeted the same for the purposes herein contained.
IN WITNESS W 1MOF, I hemmto set my hand and official sea.
My Commission Expires: I-it $- Ooj
C477h?'?
Na1r1a16 N p„py
meamm
e
JWL TWe of Df5m
M?b?, Ae rry1Kr? AW-Wo it 0, Orly
L
Ce"ificate of Residence
1. Ri'1(;('a 3. INwI?ZMVIah , do hareby oertity that
thecomct address of the within-named Mortgagee is 18400 Yon Karalan, Suite 1000,
Irvine, CA 92612
Witness my hand this day of Fe ram#'7-oa 6
Q040/050
emlo?," z9&A2i'-
Agcat at Morimm
OE/15/P009 9:08:38 AM
1006400860
4ft-61PA1 ioson n.P in d to Fen" 3028 1101
8K 1941 PG3976
CUMBERLAND COUNTY InsL# 200600597 - Page % of 21
10/05/2009 10:55 rAX 215 5671 '2 PHELAN HALLINAN SCHKIEC IL1041/050
ADJUSTABLE RATE RIDER
a"QR Slz-MonlL lads: GIs ftmislied lu ne wan mrewjauml) - !sate caps)
THIS ADJUSTABLE RATE RIDER is made this 10th day of February. 2006
and is incorporated Into and shall be deemed to amend and suliplement the Mortgage, Deed
of Trust, or Security Dead {the "Security Instrument") of the same data given by the
undersigned ("Borrower') to secure Borrower's Adjustable Rate Note Ithe 'Note') to
New Century Mortgage Corporation
("Lander") of the same date end covering the property described in the Security Instrument
and located at. 507 Hogestown Rd.. Mechanicsburg. PA 17050
[Property Address]
THE NOTE CONTAINS PROVISION8 ALLOWING FOR CHANGES IN THE
INTERE'ST RATE AND THE MOliMLY. PAYMENT.. THE NOTE. LIM"S THE
AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME
AND THE MAX961UM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an Initial interest rate of 7.800 %. The Note provides
for changes In the Interest rate and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest into I will pay may change on the first day of Harch, 2008
and on that day every 6th month thereafter. Each date on which nny Interim rate
could change Is called a 'Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The
"Index" Is the average of interbank offered rates for six month U.S. dollar-denominated
deposits in the London market ("LIBOR"), as published in The Wall Strobt Journal. The most
recent Index figure available an of the first business day of the month Immediately preceding
the month In which the Change Date occurs Is called the 'Current Index."
If the Index Is no longer available, the Note Holder will choose a new Index that Is based
upon comparable information. The Note Holder will give me notice of this choice.
JC) Calculation of Changes
Before each Change Date, the Note Holder will calculate my now interest rate by adding
Six And Forty-five Hundredth(s) percentage points
t 5.450 %) to the Current Index. The Note Holder will then round the result of
1006400860
MULTISTATE ADJUSTABLE RATE RIDER - LIBOR SIX-MOWN INDEX (AS PUBLISHED IN
THE WALL STREET JOURNAL) - Single Family - Fannie Mae Uniform Instrument
•8388 (04021 Form 3138 1101
Page 1 of 3 Initials:
VMP Mortgage Solutions, lnc
(800)521-7291 \
81{-194 1 PG3977
06115!2009 9b8:38 AM CUMBERLAND COUNTY In9L#200508597 - Page 17 or 21
10/05/2009 10:55 FAX 215 567 -?2 PRELAN HALLINAN SCHMI)G U042/050
06115!2009 9;08:38 AM
this addition to the nearest one-eighth of one percentage point (0.125%)• Subject to the limps
stated In Section 4(D) below, this rounded amount will be my new interest rate until the•next
Change Date.
The Note Holder will then determine the amount of the monthly payment that would be
sufficient to reply the unpaid principal that I aril expected to owe at the Change Date in full
on the Maturity Date at my new Interest rate In substantially equal payments. The result of
this calculation will be the new amount of my monthly payment.
(D) Un is on Interest Rate Changes
The interest rate I ern required to pay at the first Change Date will not be greater than
9.300 % or less than 7.800 %. Thereafter, my interest rate will
never be increased or decfoased on any single Change Date by more then One And
One-half percentage points
1 1.500 %1 from the rate of Interest 1 have been paying for the preceding
6 months. My Interest rate will never be greater then 14.800 %.
(E) Effective Date of Changes
My new lhisrest rate w01 ecome effective on each Change Dote. 1 will pay the amount
of my new monthly payment beginning an the first monthly payment date after the Change
Date until the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes In my interest rate and
the amount of my monthly payment, before the effective date of any change. This notice will
include information required by low to be given to me and also the tide and telephone number
of a person who will answer any question I may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Uniform Covenant 18 of the Security Instrument to amended to read as follows:
Transfer of the Property or a BarteNdal interest In Borrower. As uaod in this
Section 18, "interest In the Property" means any legal or beneficial Interest in the
Property, Including, but not limited to, those beneficial Interests tranafkrred in a
bond for deed, contract for dead, installment sales contract -or escrow agreement,
the Intent of which is the transfer of title by Borrower at a future date to a
purchaser.
If all or any part of the Property or any Interest M the Property Is sold or
transferred (or If Borrower is not a natural person and a beneficial Interest In
Borrower Is sold or transferred) without Lender s prior written consent, Lander may
require immediate payment in full of all aume secured by this Security Instrument.
However, this option shall not be exercised by Lander If such exarclse Is prottibhed
by App Mcabla Lew, Lander also shell not exercise this option If. (e) Borrower causes
to be submitted to Lender lntormation required by Lander to evaluate the Intended
transferee as if a new loan were being made to the transferee; and fb) Lender
reasonably determines that Lender's security will not be impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this
SacurI Instrument 4 accaptsble to Lender.
To the extant permitted by Applicable Law, Lender may charge a reasonable fee
as a condition to Lender's consent to the loan assumption. Lander also may require
the transferee to shin an assumption agreement that is acceptable to Lando and that
obligates the transferee to keep all the promlass and agreements made in the Note
and in this Security Instrument. Borrower will continue to be obligated under tho
Note and this Security Instrument unless Lender releases Borrower In writing.
1006400860
Initials:
M-83811 (0402) Page 2 of 3 Form 3138 1101
OR 194 I PG3978
CUMBERLAND COUNTY InsIX 200606597 - Page is of 21
10/05/2009 10:55 FAX 215 567, 72 PHELAN HALLINAN SCHMIEr 191043/050
If Lender exercises the option to require Immediate payment In full, Lender shall
give Borrower notice of acceleration. The notice shen Provide a period of not lass
than 30 days from the date the notice is given in acoordonce with Section 16 within
which Borrower must pay oil sums secured by this Security Instrument. It Borrower
fens to pay these sumo prior to the expiration of this period, lender may Invoke any
remedies permitted by this Security Instrument without further notice or demand on
Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
In this Adjustable Rata Rider.
-2p a (Seal) (Seal)
Tod S Burnham -Borrower -Borrower
{Seal) {seal)
-Borrower -Borrower
(Seal) (Seel1
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
1006400860
at-838A (0402) Page 3 of 3 Form 3138 1/01
8K 1941 PG3979
06/152009 9:09:3a AM CUMBERLAND C0UH7Y Insil 260606597 - Pege 19 or 21
10/05/2009 10:55 FAX 215 567 '2 PHELAN HALLINAN SCHIIIEP
ADJUSTABLE RATE RIDER ADDENDUM
(Lmor Index - Rate Caps)
This A4ju6tabto Rate Rider AddcD&m is made ibis 101b day of February 2009
and is incorporated into end ebali be downed to amend and supplement the Promissory Note (the "Note') and
Mortgage, Deed of Trust or Security Deed (the 'Security hutrunscan and Adjustable Rego Rider (the
"Rider") of the same date given by the undersigned ((he "Borrower") to secure ropsydmat of Bbrtowtes
Note to
New Cetiary Morlia0e CogXwellon (dic "Lendee).
Property securing ropayment of the Note is described in the Security Instrument end located at
507 Hogabwn Rd, ModnnkdKft PA 17050
(prop-7 Add-)
To the carat that rho provisions of this Adjustable Rdte Aida Addendum are inconsident with the
provisions of the Note and/or Scow* Inmument and/or Rider, the provisions of this Addendum shell
prevail over and supersede any such inconsistent provisions of the Note and/or Security Instrmoaat mWar
Rider.
In addition to the covenarua and agroearents made in the Now, Security lnstrument, and Rider, Borrower and
Lender hither covenant and agree as follows:
4. (D) LIMITS ON IN'PEREST RATE CIIANGEB
The Interest rate I am required to pay at the JIM change date will not Ix erester thin
9-300 % or less than 7.8" %. Thereafter, my Interest rate
will never be increased or decreased on any single Clringe Date by more than
One And Orwhalf percentage point(s) ( 1.600'x•) Pram
the rate of Interest I have bear paying for the pre eding g months. My interest rate will never be
greater than 14.800 % or'less than 7.800 %.
BY SIGNING BELOW, Borrower accepts and agrees to the tens and covenants contained in this
Adjustebiicc RDatfe Rider Ad cndlt
(?iftP
Todd Stardtam
I Certify this to be recorded
In Cun-ffierland County PA
d'-
MCHC
Adj"atLhle Rib Ridar AddmW=
RE-102 (0522461
1001%=68
Pas. I f 1
BK1941PC3980
[x044/050
06115(2009 9.08:78 AM CUMBERLAND COUNTY 1n9Le 200606597 - Page 20 of 21
10/05/2009 10:56 FAX 215 567; '2 PIIELAN IIALLINAN SCIPlmr
0045/050
COAlPWAAENT
SCHEDULE C
File Number. 064015
ALL THAT CERTAIN lot of ground situate in Silver Spring Township, Cudd*rland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the middle of public road leading from the Borough of Mechanicsburg to the
Village of Hogestown, known as the Hogestown Road, said point being 321.50 feet measured in a
Northerly direction along the middle of said Hogestwon Road from the middle of the Interjection of a
public road with said Hogestown Road; thence along land now or late of Warren T. Shaffer, et ux, South
77 degrees 15 minutes 00 seconds West 325.00 feet to a point at lands now or late of John H. Finney, ct
ux; thence along said lends now or late of John H. Finney, et wr, North 04. degrees 15 minutes 00
seconds West, 100.00 feet to a point at the live of lands now or late of Annie S. Rhoads; thence along
the line of lands now or late of Annie E. Rhoads, North 77 degrees 15 minutes 00 seconds East, 325.00
feet to a point in the middle of said Hogestown Road, South 04 degrees 15 minutes 00 seconds East
100.00 feet to a point, the Place of BEGINNING.
HAVING TBBREON ERECRED a one story flame and block dwelling known and numbered as 507
Hogestown Road, Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and
rights of way of record.
BEING THE SAME PREMISES which Todd S. Burnham, by deed dated April 18,1994 and recorded
April 19, 1994, In Deed Book 104 page 176, in the Office of the Recorder of Deeds in and for the City
of Mechanicsburg, County of Cumberland, Pennsylvania, granted and conveyed unto Todd S. Burnfunn
and Lisa M. Burnham, husband and wife, their heirs and assigns, in fee.
Parcel No: 38-20-1831-029
BK1941PG3981
06H5/2009 9:0x:38 AM CUMBERLAND COUNTY
InsL1t 200606597 - Page 21 of 21
VERIFICATION
I, Xee Moua , verify on behalf of the Plaintiff that the statements made in the
foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Xee Moua, Vice President of Loan Documentation
Date:
404907-1
DNS 19 20 61934 - mPL
0
Fit
[Ol 9 v16 F1 1:9y
*9a . oa P o ATrN
O'L`D 109088
w asslac
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
nLED-UT-6(,f
Ronny R Anderson ")p THE , +' {-C140TARY
Sheriff
Jody S Smith 2010 JAN -8 AM 9: 04
Chief Deputy
Edward L Schorpp CU11 BEL AIND {lMw
Solicitor PENNSYLVANIA
New Century Mortgage Corporation Case Number
vs. 2009-8657
Lisa M. Burnham
SHERIFF'S RETURN OF SERVICE
01/05/2010 02:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January
5, 2010 at 1447 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Lisa M. Burnham, by making known unto Todd S. Burnham, Husband of defendant at
507 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the
same time handing to him personally the said true and correct copy of the same.
01/05/2010 02:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January
5, 2010 at 1447 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Todd S. Burnham, by making known unto himself personally, at 507 Hogestown Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $53.00 SO ANSWERS,
January 06, 2010 NY R ANDERSON, SHERIFF
Deputy Sheriff
FILE?--YFICE
2010 FES 12 Phi 2: 03
t A F ? "r?r
'Jlr
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
V. NO. 09-8657
TODD S. BURNHAM and LISA M. BURNHAM
Defendants.
PLAINTIFF'S MOTION FOR JUDGMENT
NOW COMES Plaintiff, by and through its undersigned counsel, and files the following
Motion for Judgment in the instant quiet title action:
1. On December 16, 2009, Plaintiff filed its Quiet Title Complaint in the instant
matter. A copy of the Complaint is attached hereto as Exhibit "A", and the provisions of same
are hereby incorporated by reference as though fully set forth.
2. Copies of the Complaint, with Notices to Defend attached thereto, were served
upon Defendants on January 5, 2010. See Exhibit "B" hereto, the provisions of which are hereby
incorporated by reference as though fully set forth.
3. On January 26, 2010, notices of Plaintiff's intent to take a default judgment in this
matter for lack of response to the Complaint, were sent to Defendants. See Exhibit "C" hereto,
the provisions of which are hereby incorporated by reference as though fully set forth.
4. To date, Defendants have not filed a responsive pleading in the instant action.
407915-1
5. Pa.R.C.P. 1066(a) provides that, upon affidavit that a quiet title complaint
containing a notice to defend has been served, and that no answer has been filed thereto, a court
"shall grant appropriate relief'.
6. Plaintiff's Affidavit as to the foregoing circumstances is attached hereto as
Exhibit "D", and the provisions of same are hereby incorporated by reference as though fully set
forth.
7. Pa.R.C.P. 1037(c) provides that a court, "on motion of a party, may enter an
appropriate judgment against a party upon default or admission."
8. By not filing a responsive pleading to Plaintiff's Complaint in the instant case,
Defendants have effectively admitted all of the allegations therein. Pa.R.C.P. 1029(b).
9. As a result of all of the foregoing, judgment is proper in favor of Plaintiff and
against Defendants in the instant case.
10. The Court has not previously ruled on any issue in this case.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Defendants in this matter, as set forth in the proposed Order
attached hereto.
LAMM RUBENSTONE LLC
By:
Brian H. Smitb,, squire
Attorney ID No. 65627
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
215-638-9330
Attorneys for Plaintiff
Date:
407915-1
Q0
-
C
7)
C)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE
CORPORATION
18400 Von Karman, Suite 1000
Irvine, CA 92612
V.
Plaintiff,
NO. 09 - 8(05?
TODD S. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
and
LISA M. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
Defendants.
NOTICE TO DEFEND
"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.
404907-1 /? ??
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."
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las 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 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE WFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABODAGO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
404907-1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE
CORPORATION
18400 Von Karman, Suite 1000
Irvine, CA 92612
Plaintiff,
V. NO.
TODD S. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
and
LISA M. BURNHAM
507 Hogestown Road
Mechanicsburg, PA 17050
Defendants.
COMPLAINT
1. Plaintiff is New Century Mortgage Corporation, with an address of 18400 Von
Karman, Suite 1000, Irvine, CA 92612.
2. Defendant, Todd S. Burnham, is an adult individual with a last known address of
507 Hogestown Road, Mechanicsburg, PA 17050.
404907-1
3. Defendant, Lisa M. Burnham, is an adult individual with a last known address of
507 Hogestown Road, Mechanicsburg, PA 17050, and is, upon information and belief, the wife
of Defendant, Todd S. Burnham.
4. On or about February 10, 2006, Plaintiff made a loan ("Loan") in the amount of
$163,600.00, secured by the premises known as and located at 507 Hogestown Road,
Mechanicsburg, PA 17050 ("Premises")
5. At the time Plaintiff made the Loan (and indeed at present), the Premises was
titled in both Defendants' names. See copy of deed attached hereto as Exhibit "A", the
provisions of which are hereby incorporated by reference as though fully set forth.
6. Further, at the time of the closing of the Loan, both Defendants were named as
borrowers on the HUD-1 settlement sheet relating to the closing, and both Defendants signed
same. See Exhibit "B" hereto, the provisions of which are hereby incorporated by reference as
though fully set forth.
7. However, and despite the foregoing, the mortgage securing the Loan
("Mortgage"), was executed by Defendant, Todd S. Burnham only, and not by Defendant, Lisa
M. Burnham. A copy of the Mortgage is attached hereto as Exhibit "C", and the provisions of
same are hereby incorporated by reference as though fully set forth.
8. Due to the fact that only Defendant, Todd S. Burnham, and not Defendants, Todd
S. Burnham and Lisa M. Burnham, signed the Mortgage, a mutual mistake occurred in reducing
the intention(s) of Plaintiff and Defendants to writing in the form of the Mortgage, with the result
that the Mortgage does not fully embody the actual, true intention(s) of the parties.
404907-1
9. Accordingly, as a result of the aforementioned mutual mistake of the parties, the
Mortgage, at best, only attaches to the interest of Defendant, Todd S. Burnham, in the subject
premises, when it should attach to the interests of both Defendants in the Premises.
10. The Loan is presently in default because of Defendants' failure to make payments
due thereunder. However, Plaintiff cannot effectively proceed with its legal remedies under the
Mortgage, since Defendant, Todd S. Burnham, is the only signatory thereto.
COUNT I - QUIET TITLE/REFORMATION OF MORTGAGE
11. Plaintiff hereby incorporates by reference the provisions of paragraphs 1 through
10 above as if the same were more fully set forth.
12. As a result of all of the foregoing, the Mortgage must be reformed to include
Defendant, Lisa M. Burnham, as a party/signatory/mortgagor thereto, as of the date of execution
of the Mortgage (February 10, 2006), in order that Plaintiff may proceed with its legal remedies
under the Mortgage.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order
providing that the Mortgage be reformed to add Defendant, Lisa M. Burnham, wife of
Defendant, Todd S. Burnham, as a party/signatory/mortgagor thereto, effective as of the date of
execution of the Mortgage (February 10, 2006), and providing for such other and further relief as
this Court may deem fair and just.
COUNT II - UNJUST ENRICHMENT (IN THE ALTERNATIVE)
13. Plaintiff hereby incorporates by reference the provisions of paragraphs I through
12 above as if the same were more fully set forth.
404907-1
14. Defendant, Lisa M. Burnham, is and remains an owner of the Premises, and
enjoys the benefits and profits of the Premises and of such ownership, while presently not a
party/signatory/mortgagor to the Mortgage.
15. Defendant, Lisa M. Burnham, has been unjustly enriched at the expense of
Plaintiff, since Plaintiff cannot effectively exercise its legal remedies (i.e. foreclose on the
Mortgage) even though the Mortgage is in default for non-payment, since Defendant, Lisa M.
Burnham, is not a party/signatory/mortgagor to the Mortgage.
WHEREFORE, to prevent further unjust enrichment to Defendant, Lisa M. Burnham,
Plaintiff respectfully requests this Honorable Court to enter an Order providing that the
Mortgage be reformed to add Defendant, Lisa M. Burnham, wife of Defendant, Todd S.
Burnham, as a party/signatory/mortgagor thereto, effective as of the date of execution of the
Mortgage (February 10, 2006), and providing for such other and further relief as this Court may
deem fair and just.
COUNT III - EQUITABLE LIEN (IN THE ALTERNATIVE)
16. Plaintiff hereby incorporates by reference the provisions of paragraphs 1 through
15 above as if the same were more fully set forth.
17. As per Exhibit "B" hereto, the following items were paid off at the closing of/on
the Loan:
(a) Loan and/or mortgage to Washington Mutual Bank, F.A. in the amount of
$129,345.26;
(b) Loan and/or mortgage to HSBC Mortgage Services in the amount of
$19,851.66;
(c) Sewer fees of Silver Spring Township Authority in the amount of $190.58;
404907-1
(d) Real estate taxes in the amount of $584.38.
18. It would be inequitable if the lien of the Mortgage did not attach to the subject
premises, since the aforementioned debt encumbering the Premises was paid off at the closing
on/of the Loan. Furthermore, upon information and belief, $8,915.12 in net proceeds was
received by Defendants as a result of the closing. See Exhibit "B".
19. Defendants benefited financially to the extent that sums were paid as set forth
above, as the payment of such sums directly benefited Defendants' ownership/interests in/to the
Premises.
20. As a result of all of the foregoing, the Mortgage should be decreed and adjudged
to be an equitable lien on the Premises in the principal amount of $163,600.00, effective
February 10, 2006 and until the date such equitable lien is satisfied or discharged by Plaintiff,
and Plaintiff should be decreed and adjudged to hold the interest of a mortgagee consistent with
the foregoing.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to decree and
adjudge that the Mortgage is an equitable lien on the Premises in the principal amount of
$163,600.00, effective February 10, 2006, and until the date such equitable lien is satisfied or
discharged by Plaintiff, and that Plaintiff holds the interest of a mortgagee consistent with the
foregoing, plus such other and further relief as the Court deems fair and just.
LAMM RUBENSTONE LLC
By:
Brian H. Smi, Esquire
Attorney I.D. No.: 65627
3600 Horizon Blvd., Ste. 200
Trevose, PA 19053
(215) 638-9330
l7/??Y
Dated: I Attorneys for Plaintiff
404907-1
10/05/2009 10:56 CA% 215 567 `2 PRELAN RALLINAN SCRHIEV Q046/050
77¢8 D[LD, made the 114'day of April, 19941
BGINBRH Todd a. Burnham, of $07 Rogestown Road,
"echo icaburg, Cumberland County. Penn¦ylvania.herain designated
as the arantorl
AND
Todd S. Burnham and Lisa !t. Burnham, his wife, of Sal Rogmetawn
Road, Mechanicsburg. Cumberland County, Pennsylvania, heroin .
designated as the Grantees#
W2TVZ28, that the Grantor, for and in consideration of one
nollar and no/200 151.00) lawful money of the United States of
Uarica. to the Ocantor in hand well and truly paid by the
Grantees at or before the sealing " delivery of these '
presents, the receipt whereof Is hdreby acknowledged and the
Grantor being tbaravith fully satisfied, do by chase presents
grant, bargain, sell and convey unto the 0ramtome chair heirs
and assigns, forever, me tanants by the entiratiea
ALL TEAT CaRTAlm lot of ground situste In Silver Spring
Township. Cumberland County, Pennsylvania, bounded and described
02 follows, to wit,
SKOURFMG at a point in the aiddle at public road leading
fro. tha Boeough of Mechanicsburg to the Village of Negastown.
known •s the Rogestown Road, said point being 371.So feet
naasured In ¦ northerly direction along the middle of said
Hogestown Road traa the alddle of the intersection of a public
road with said Ragestown Roads thence along land now or late of
Mamba T. Shatter, et ua.south 77 degrees 1S minyt.s 90 seconds
Nest. 325.00 feet to a point at lands now or late of John R.
rlanay, at urt thence along sold lands maw or into at John H.
Pinney, nt us. North of dagreas 15 minutes 00 seconds West.
200.00 feet to a point at the Use of lands now or Iota of Mafia
E. Rhoadej tbeacs along the Sine of lands now or late of Annie
a- Rhoads, north 77 degrees is minutes 00 seconds Beat. 325.0o
feet to a point In the middle of Bogastown Road, aforesaid
thence along the middle of said Rageatown Road. South 04 degrees
is minutes at .sonde Best, 100.00 feet to a point, the Place of
staxX H1RO.
RAVING THtaBOR RR[CTaD a one story Crane and block dwelling
known and numbered as Sal itageetowa Road, Hechanicaburg.
Pennsylvania
tQWR a "M SUB"Cr, R[YnTERLUS to easements, restrictions.
ruaervatlons, conditions and rights of way of record.
c- N 104 ?a 176
0W1Yt009 SM27 AM CUMBERLAND COUNTY
1
1n5L# 199412126 - Page 1 of 3
10/05/2009 10:56 FAX 215 567 '72 PHELAN HALLINAN SCHUIEP f?1047/050
aDIHO the game ptsciSOS whicb Hichsal D. Ruaaell and Che;ry
R. Ru°aall by Dead dated July 6th, 1917 and recorded In the
Office of the Recorder Ln and for Cumberland County in Deed Doak
R', volume 36. Page 130, granted and conveyed unto Todd 8.
Rurobam, mingle man.
THIS COWMAN= 18 FROM 1KWRAX]O TO HO98AH11 ARD WIFE AND 29
T"ERNFORB ®CBMPT 6AC1M ANY RSALT7 TRAWHPER TAXXS A980CIATAh1
HBRKWITH.
Together with all the buildings, Improvements, ways, wcode,
waters, watercouraan, rights, 1Lbartiee. prlvllegaa,
hereditya ntts and appurtenances to the ammo holonging or in
anywise a gl and the reverslon and reversions,
remainder and remalndsrs, rents, issues and profits thereof, a
of every part and parcel thoreo(t AND ALSO all the emeate,
right, titla. Interest, uob possession, property, claim and
demand wbataoever of the GRAWM both in law and in equity. of.
in and to cbe premises herein described ana every part and
parcel thereof with the appurtenances. To have and to hold
all and singular a the pcvaiaes heroin described together with the
horadita appurtenances unto the Or
Grantees' proper use and benefit forever. anises and to
Ann the CRAHrog covengnt that he does and will apeelalIy
w.rrapt the lands and premises. heredltanente and appurtenances
hareby conveyed.
In all references herein to any parties, persona, entities or
corporation, the use of any particular gander or the plural or
singular number is intended cc Include the appropriate gendar ar
number as the tent of the within instrument may require,
Whenever in this inatrument any party shall be designated or
referred to bed noun or general reference, much desigsaClon is
Intended to hall have the "a. affect as
holes, executor., admieiatratora, if the words
representatives, succemxare ¦ s°°IPeraanaa or legal
aech and ?°s had been inserted after
every such designation. wr= ainnd adB WoMmor, the ORAMIM have hereunto out his hands
scal. the day and year first above written.
alumni sn"Aw mw DRLIVRRSD
In the presanue of
oc Atteat.d by
t .0
Ted - Burnham
101 104 All 177
0r311 5Q009 g:>627 AM
CUMBERLAND COUMV In&l-# 199912120 - Page 2 013
10/05/2009 10:56 FAX 215 567 '2 pHELAN IIALLINAN SCHIIIEr 1 048/050
SCATe OF P6NRDYIx"m COUNTY OP CUNBERLAUD) as.,
DC IT RFHOMERSO, that on April 11; 1144, before me the
subscriber personally appeared Todd S. Rurahea, known to me (or
satisfactorily proven( to be the person whose name 1s subscribed
to the within deed and acknowledged that he seecuted the same
Eor the purposes therein contained. -
NITNE99 my hand and aeal the day and year aforesaid. .
?tlNote Public
aa.a
A&R.-DO I hereby certify that the precise mailin addrpse of the W.
cranteae is ae follows Sul Nr?.?tr.....?dy puti..,.:..t-.5,55 ,7r$?
Attorney or ranted
CONNORNOALTN OF Pent"YLUANIA)
COUNrr of CUNRRRLAND ) A
RECOROED on this day E 1t-tc? A.O. I
In the Recorder'eg0 oa cf. X said County. In I pobit i,
aoi,..etou P? a Given under my he
Deal of the said Office, the date above written: ?.
CA
is •?:
lJ1 r n J.
b
hm 104 rut 178
06/152009 9..MV AM CUMBERLAND COUNiII
Inst.p 1949 i2 t 2b -Pepe 3 of 3
10/05/2009 10:49 FAX 215 567: •12 PHELAN HALLINAN SMIGG
(Ot
SETTLEMATEME-UT 11.11.1)EPARIL OTOF
Wilmot Farts Ax A{ID URBIW UMOPNENT
KNEW BOAAOMIHt Todd S. Surphun sod Uss It. &mA& o
AGWq!l logliffileghVIS, PA IRS
NAMEOMY0ER New6wdwyM~ CsrR
PROPERTY AOMM 507 Hmnkm RU4 1119buikskn. PA 1Te;9
ours ENTAoENi: Flmf Cholss Abslrsd, Tslrpkm w 215,19x9111 Fu: 21""T99
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t
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PHU-LAN HALLINAN SCH91Fn
ROBERT ?. ZiEGLER
REORDER G1= fEcDs
CUM8ERLAND ( ?•, ?_ 01
?06 i"iflfl 1 HPI 9 56
Prepared By:
New Century Mortgage Corporation
18400 Von Karman, Ste 1000
Irvine. CA 92612
8DO-467.7623
Return To:
L,
Fi fi?inoi Wp?
1 SPrVeQ &, )i Cc ' 19107
New Century N gage Corporation
18400 YAwiCgrnan. Ste 1000
I e, CA 92612
800.967-7623 Prcauses:587 Nogestown Rd.
Pared Nwnber: 3$--W -1731-029 Mechanicsburg
n/a
19/.ace Abm TYe Lac Por Recording Us
MORTGAGE
DHP[MMONS
Words used in multiple sections of this documrnt ate defined below and other wotdl are defined in
Sections 3, Ii, 13, 18, 20 and 21_ Certain rules regarding the usage of words used in this docanlent are
also provided iR Section 16.
(A) "Ba-rity lmtrumeut"means this domantM which is dated February 10. 2D66
together with all Riders to this document.
(B) "Borrower" Is Todd 5 Burnham
Borrower is the mortgagor under this Security lanntmeot.
((.7 "Leader"is New Century Mortgage Corporation
Lender Is a Corporation
PENNSYLVANIA - Sinalo Famllr - Fann% A41"fReddk Mss UNWbRM MWMUMENT
f(FAl Aron
Apr 1 •11e ,M-
W We M aq-9. SAA6nr, k- Nao1e71- al
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1006400860
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1 ? ??
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organized and existing under the laws of California
Lc:ndcr1sa&hcz3i3 18400 Yon Kerman, Suite 1000, Irvine. CA 92612
Lander Is tine mortgagee lender this Security Instru scut.
(D) "Nate" mans Thepromissatynote signed byBonwnTaWdated February 10. 2006
7 1 s t Note states that Borrower own t e n d e r ONE HUNDRED SIXTY-THREE THOUSAND S I X
HUNDRED AND 00/100 DaBats
(U.S. S 163.600.00 ) plus Mecca. Borrower has piomised to pay this debt Iii tegaler Periodic
PsynreW and to pay the debt In full not later than 03101/2036
(R) "Property" means the property that is described below under the beadlug "Thumfet of Rights in the
Property."
(F) "Loan" cacao the debt evidemed by the Note; plus interest, any Prepayment charges wid late charges
due under the Note, and all sums dub under this Security Instrument, plot interest.
(G) "Riders" means dl Riders to this Security Instrument that are execatod by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
AdjusuMe Rate Rider Condomidnm Rider [? Scootd Home Rider
Balloon Rider Planned Unit Development Rider H 1-4 Family Rider
VA Rider Biweekly Payment Rider Co Other(s) [specgyj
Prepayment Rider
ARM Rider Addendum
(Hl "Applicable Low" means ail controlling applicable federal, state and local statutes, teeutetions.
ordinances acrd administrative ides and orders (that have the effect of law) as well as all spplicable final,
trots-appealable judicial opinions.
(1) "Cammantly Anodstion Dan, Feet, and Assessments" means all dues, fear, auckgmicnis mil other
charges that air Imposed on Borrower or the Property by a condominium association, homeowners
association or similar otganization_
(J) "Deenvule Fonda Transfer" means any trander of funds. other than a transaction otighwted by
check, draft, or similar paper Lutrmucru. wbich Is initiated dmmgb an electronic know, tdcoonk
instrument, oampater. or magnetic tape to as to order, Instruct, or authorize s financial In aloidon to debit
or credit an account. Such term a rhtdea. but is not Utdted to. poht-of-sale ltansfera, au wrftted Idler
machine transactions, trawlers initiated by telephone. wire tnsa3fers, and automated dc2r*g6oase
transfers.
(1C) "Escrow Items" rne3as those items that air described In Section 3.
(L) 'NUscellaneurs Proceeds" axon any comps n Wios, settlement, award of damages, or piocceds paid
by eery third party (other that insurance proceeds paid under the covcrsges described in Sestina S) for: C)
damage to, or desumion of, the Property; (ti) coodcmoulon or other taking of all of any part of the
Property; (dll) conveyance Is lice of condemnation; or (v) misrepresentations of, or omissions as to. the
value and/or condition of the Property.
CM "Mortgage insurance" means insurance protecting Lender against the nonpayment of. or default on,
the Lain.
(N) "Fededic Payment" means the regularly scheduled amount due for (i) principal and intftst under the
Note, plus (1f) any amounts under Section 3 of this Security instrument.
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i
(O) "REBPA" means the Rat EfiIW*Sct0= W Pmcidar:s Act (12 U.S.C. Section 2.601 el seq.) and its
i"0 ll tz8oladon. Reeoladon X (24 C.F.R. Part 3500), Ps they might be assgtdad hum dm to
time, or SAY addluond or successor legislation or regt8adaa duo governs the
in dais Secarky hisuneat, "RBSPA" refers to all mqWmmmtg and testrictl? saut the oe hpposed .W in As used
co a' relafnd rm oatt atre im regard
town' under R elat rt8ap loan, _ea if the Loan doer not gWdify as a "federapy related mortgage
(f) "Suomsor (a Interest of Barrawer" mcsns any panty that bas earn tide to the ptuperq,
not drat I?arty bas asaomed Borrower's obligations router the Note and/or this Security InsuuorrrwLet4er or
TRANSFER OF RIGHTS IN THE PROPERTY
Thus Security Inummem 6ecores to Lender: (1) the "ymeat of the Loan, and all renewals. extensions and
n
Sec-rily odificatlOus of the Note; Pont (11) Me. performance of Borrower's covenants and agrcftw s under dds
Instrument and the Note. For this pmposc, Borrower does hereby rmmtgage, grant and convey to
of derabe &Mowing describedpmpeny located in the County (type orRhooedtgtadadluloal
See Legal Description Attached Hereto and Hade a Part Hereof ?r pi
whkh 0ur=WY tray the address of 507 HogestoWn Rd.
Mechanicsburg
Mopeny Address"):
Isucuti
IckYl. paWylvania 17050 ItlrCoeol
TOGS 7MR W]TH all (he in wrovernenta now or hereafter erected on the
c3wu nu. . and fxturres now or hereafter a part of the Property. and all
property. Ali a and
additions shall also be covered by this
Seanrity lastrrrmeat a9 the "Property.= 1?trtimeat All of the thitgOin aregoing In referrM to in data
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BORROWER COVENANTS that Borrower Is bwfally seised of the estate hcn# conveyed and Ins
We right to mortgage, grant and ewntrey the Property and that tit P[Upefty is mod, t:xtept for
encun6ranocs of recotd. Borrower warrants and will defend generally the title to the Property agaim oil
claimer and demands. sobjat to any arcmnbtaoces of rowed.
THIS SBCURIT'Y INSTRUMENT combines m6mr coveauants for nolood use and non-uniform
covenants with IhWwd variations by jurisdiction to conititote a anlform security Instrumew covering seal
p2OPcdy
UNIFORM COMANTS. Borrower and Leudcr cuvenam and agree ks follows;
L Payment of Ptlacipal, int rest„ Escrow Itetns„ Prepayment Charges, and Late Cberges.
Borrower " pay when out the principal of, and Interest on, the dlttt evideaced by the Note and any
pnepayrucat charges and Late charges due under the Note. Borrower xW also pay tluds for Esetow items
paraamnt to Section 3. Peymcots due under the Note and this Security Imbument shall btu made in U.S.
currency. However, If any clinch or other instrument teceivcd by Lender as payment under the Note or this
Security laitntmemt is returned to Leader unpaid. Leader may requinn that any or all subsequent payments
due under flue Note and this Security lastrarnent be made in one or more of the following forms, as
sd-Acd by Leader; (a) cash; (b) money order, (e) cel hied check, bank check. tre ssu ces check or
cashices chock, pmvldod any such cbeck.is drawn upon an tastiauive whose deposits are insured by a
fedcrat agency. instrmoonalky, at entity: or (d) Eiocuonie Punts Transfer.
Payments are deemed received by lmxk r wben received at the location designated in the Note or at
such other location as may be desfgeatvd by Leader in aocondanee with the notice provisions in Section 15.
Lender may rttax any payment or Partial payment if the payment or partial payments ass insaMckat to
bring the Loan cum=. Itder any accept say psymelit or partial payment insufficient to bring the Loan
comd, wltboaa waiver of my rights beteunder or p=jod[ce to Its rights to refuse such payment or partial
payments in the Suture, but Leader is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Paymau is applied as of its scheduled due date. then I ender need not pay
inknat on anappliel fonds. Lender may hold such unapplied Teach until Borrower makes paymem to bring
the Loan caatesa. If Borrower does not do so within a seasonable period of time, Lender shall ddKx apply
such finds or town them to Borrower. If not applied earlier. such fvnda will be applied to Use outsmadleg
principal balance under the Note immediately prior to fineclosutc. No offset or datm w(tich BUttowcr
might have now or in the future against I.acder dull relieve Borrower from making pttymmb d* under
the Note and this Security Instrument or performing fire covtnams and agrmnents seemed by this Secuity
Instrument.
L Application of Paysawts or Ptitaeads. F.ttapt as otbcrwiw described in this Section 2, all
payaena accepted and applied by Leader shalt be applied in the following order of priority: (a) inscrest
duc under the Note; (b) principal doe under the Note. (c) amounts due under Section 3. U& payments
shall be applied to each Periodic Payment in the order In which it became due. Any rcmaioing amounts
shall W applied fast to lard charges, aeaand to any otha smouab due under this Security Instrument. and
then to reduce die principal balance of the Note.
If Leader receives a psyux m from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late ctarF due, the payee may be applied to the dcomp ,nt payment and
the late charge. If more nhaa one Periodic Pay ten is outalasu IM. Lender nay apply any psymeat teaivcd
from Bmmwcr to the repayment of the Periodic Payments iC ad to the extent that, each payment can be
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paid to M* To the extent that any ciders cxios after the payment is applied to the full Payment of one at
room Periodic Payments, such excess grey be applied In any be charges due. Voluntary prepayments shot!
be applied !fret to any pnpaymau charges sad then so described in the Now.
Any application of payments, Innuare ptocsoda, or Miscellaneous Procceds to ptioeipai doe adder
the Note sW not extend or postpone the due date, or thme the amount. of the periodic Ps}mueata.
3. Fonda for Itmra, Borrower " pay to I ender on the day Periodic PeiYmcnis am due
under the Note. until the Note Is paid In full, a sum (the "Fuuls`) to provide for payment of amounts due
for. (a) taxes and assessments and other Item which can atWn priority over this Sccad y loge neat as a
lien or cumobus ce an the Projiwiy: (b) l daehbld psyn=6 or pound recta on the Property. If awry . (e)
premhtuns for arty and Ali Insurance required by I rtdtr under Section 5: and (d) Mortgage Inisutancc
premiums. If arty. or any stuns payabic by Borrower to Lender In Ilea of the payntom of Mortgage
Insurance premium in aeoardautce with the proWelous of Section 10. 'ILese itches we eadted 'Escrow
Items." At origination or at any Gore during the tern of the Loan. Leader may require that Community
Association Dues. Pas, and Asrmoeriu, If any. be escrowed by Borrower, and such dun. fees and
assessmeota shall be an Escrow Item Borrower shall promptly lurnish to Lender all notices of amounts to
be paid tuder this Section. Borrower shall pay tinder the Binds for Escrow Items unless Lender waives
Borrower's obligation to pay the Putts for airy or all Escrow Maros. Leader may waive borrower's
obhittelion to pay to Leader Punds for any or all Escrow penis at any time. Any such waiver may only be
In writing. In the event of atrh waiver. Borrower dull pay directly, when and wbere payable, the amounts
due for any Escrow Items for which psyrnea of Funds Last been waived by Leader and, if Tinder requites,
doll Amumh to Lender receipts evidencing such payiAeot within such lima period as Leader may tequar.
Borrower's obligation to aoatre catch payments sod to provide receipts enbatl for all pmpoft be deemed to
be a covenant and agaeimreut contained in 06 Socttity fintrummenl, as the phrase `covenat ad agrdetoeat,
is used in section 9. if Borrower is obligatexl to par Esl:row Items directly. pursaw to a waiver, and
Borrower Mr, to pay qtr aasount due for an &crow Item, Leader may exache its rights under Section 9
and pay such amonot aid Borrower shall Therm be obligated tinder Section 9 to repay to Leader any such
amount. Lender may nTokc the waiver as to say or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon eardt revocation. Borrower shell pay to Leader all Funds. and in
such amounts. Ow are *a required vada this Section 3.
Leader may, at any time, collect and bold Floods in an amount (a) suriicient to permit lender to apply
the Funds at tba time specifiod under RIMPA, and (b) not to eroded the taaximom amount a leader can
require under RESPA. Lauder shall estimate the amount of Foals due on the basis of cubtot data and
reasonable estimates of expenditures of Marc Escrow Items or oWcwbe In accordance with Applicable
Law.
The Funds shall be held is an institution whose deposits are manned by a federal agency,
instamtcatallty, or entity (incitrding Leader. If Lander.is no Institution whose depealls are so Insured) or In
any Federal Home Loan Batik. Lender dull apply the lunsds to pay the Escrow Items m inlet than the die
specified under RBSPA. Lender shall met charge Borrower for holding and applying the Iarads, amorally
analyzing the esauw account. or verifying the Fwow Iterns, unlaa Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to antic such a charge. Uateas as agmancrt is made in writing
or Applicable Law requites interest to be paid on the Fonda, Tender shall not be toquired to pay botrower
any interest or earnings an the Rods. Borrower and Lender can agree in writing. however, that interest
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shall be paid on the Fords. Lender shall give to Borrower. without charge, an annual aatiu Wg cif the
Fonda as required by RESPA.
U diem is a =Who of I%Ms held In escrow, as defined under RESPA. Leader shalt a count to
Borrower for the e=ee`a Lids is aocoudmx with RESPA. U Wan is a shortage of Pnrds held in escrow,
as defined wrier RESPA, Leader d a notify Borrower as regalrai by RESPA, and baft Ver" pay to
leader The amoot ammeary to make up the sbottep in ecemrdance with RESPA, tier in in moos than 12
aodthty payments. If there b a deficiency of Punids held hi escrow, as defined under RESPA, Linda duh
ratify Borrower a3 regaimd by RESPA. and Borrower shall pay to Lender the amount nemsary to nmlm
cep-tbe de ieirucy in accordance with RBSPA. but iA no mote thw 12 modthiy psymcate.
Upo payment in full of all mm second by this Sa v*y WtiumcaL Ltmder shall pnmWUy refund
to Borrower any Funds held by Lender.
4. Charges, I.lese. Borrower shall pay all taxes, asassamm. charges, fines, and impositions
attributable to the Property which cm allele priority over this Socodty Inmumrem, Ieaschbid payments or
ground rents on the Property, if any, and Community Association Dues, Foes, and Ancssmerits. If any. To
thy: eanbmt that rinse Items are Escrow Items, Borrower aball par tbe:m in the manner provided in Section 3.
Borrower shall promptly discharge any Ike which bas priority over this Security IiatrumuU ordem
Bomwex. (s) agrees in writing to the payment of the obligation secured by the lien in a Manner acceptable
to Lender, but only so loag as Borrower is pufarsaisg sock agnemtent: (b) contests the lien in good faith
by, or dedands against enforcement of to lien in, legal proccadinga which in 1 adder's opinion operate to
prevent the anfbrcememt of rho lien while Grose proccedlgp am tending. but only wail arch proccodiess
are concluded: or (c) sautes from the holder of the lien an agto®rrrt attisfactorr_ to Lenders errboldlnaft
the Ben to this Security Insiroment- If Leander determines that any pan of the Property Is subject to a lien
which can arlain priority over this Swunty Ingram c nt. Leader may give Borrower a notice ideubfying the
lien. Within 10 days of the date on which drat notice Is gives. Borrower shall satisfy the lien or take one or
mom of the actions u:t forth above In ibis Scalon 4.
Leader may require Borrower to pay a one-time charge for a real state tax verification andfor
reporting service used by Leader is coanoctlon with this Loan.
S. Pmparty lane asset. Botunm 3W " the Improveaacuts now existing or hm=Acr erected on
the PmpaW Insisted apinin lose by fun, haxamb itrcloded within the term 'onended coverage," and any
other hazatde locludisg, but not limited to, ca lb"dom and Goods, for which Lendp requires WOMB=.
7bia cnsn mm shall be maintained is the at soabts (nchtdhag deductible levels) and for the periods that
Leader requires- Who Lanier n qmm porvu t to the preceding seskom ran change: during the term of
the loan. The harm ice carrier providing the insmanco shall be chosen by Borrower mibjecl to Lender's
right to disapprove Borrower's cboice, which d& shall not be exercised unreasonably. Under may
requite Borrower to pay. In commilon with this Loan, wither: (a) a one-time charge for flood tone
determination, catification and tradkiog services; or (b) a onetime charge for flood mile demduation
and certiftatios arnica and subsequent charges each time nmtappiags or 31taft changes occur which
reasonably might affect such determination or certification. Borrower shall also be n3ponaibie for the
payment of any &a Imposed by the Faktal Emergency Matmgeaant Agency in connection with the
review of any flood zone determination remitting from an objection by Borrower.
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If Borrower falls to maintain any of de coveraga described above. F.emdef may obtain insurance
coverage, at Leader's option and Borrower's expcmr- Leader is ender so obligation io purchase any
pacticnhr type of amount of coverage. •1 k=fba. each coverage shall cover Leader, but might or might
not pfole t Borrower, Borrower's cgQy In the Prapaty, or the eamteats of the Property. agal m9 any risk,
hazard or liability and mism provide greater of leaser coverage than was paevioasly In effect. Borrower
selmowledges that the cost of the Insurance coverage so obtained might sigadfi anay exceed the cost of
insurance drat Bonower could have obtained. Any smoonts d Awned by Lender order this Section S shalt
become additional debt of Borrower assured by thin Sccudly ba roaaent. 7'bm amounts "beer interest
at the Now rate from the date of disbaraeneat and shall be payable, wah such interest, upon notice from
Lender to Bomowcr rcgocW*g payment.
All Insurance politics required by heater sad renewals of such policies shell be sabjoct to I sutler's
right to disapprove #uch pdicIM shall 'meltrde a standard manpge dame. and sigh mime I,mdrr as
mon&nw and/or as an additional loss payee. I under shall have the right to hold We poUdes and renewal
catificata. If Leader requires, Borrower shall promptly give tun Ieadet all aocelpa of pald pnemlams and
renewal notices. If Boaower obtains any form of Insurance coverage, not otherwise sequin t by I coder,
far damage to, or destruction of, the Property, such policy shall Include a standard meirtgsge clause acid
shall name Leader as monMee amVer as an additional loss psyee.
In the event of Ion, Borrower shall give ptompt notice to the inaaramee oariier and Lender. Lender
may make proof of loss if not made promptly by Borrow, Urdas Leader and Bonwm od wisc aV=
in writing, say Insurance ptocceds. whether or not the tnderlyiag ln+m um was rtgnired by Lender, shell
be applied to ressoradoa or repair of the Property, if the regoradon or mpak is cmanukdly kacdble and
Leader's severity is not lesaened. Luring sock rcpak and restoration period. Lmdta" have the right to
hold such iaamanee proceeds maul lsnder lac had an opportunity to inspect sua Ps qeq to ensure the
work has been completed to 1 eadar0a aadsbcdon, provided that such laepoalan shalt be undertaken
promgmly. Lender may disburse proceeds for the repairs and testomdan W a single payment at in a series
of program paymcom as the work is comptded. Unless an agmarrtmt is made in writing or Applicable Law
rogmires Interest to be paid on such imaramoe proceeds, Lender shall no be mquhvd to pay Borrower any
lowng of eamaings on such pwo=ds. Pep for public adjusters, or odw third parties. metdwd by
BOrrowcr shad not be paid out of the Insurance pmocetds and shall be the sob allUWon of Borrower. If
the rsstowtion or repair is not economically (caslblo or Leader's security would be Icaseaod, the lastuartce
pswxa a sl dl be applied to Ih0 sums wcuad by this Samdty Inuument. whether or mot tben dmt, with
the excess, if any. paid to Harrower. Synch ininIm oe proceeds shill be applied in tke order provided for in
Section 2.
U Boaower abandons the Pmopcny, Lomdcr may file, wgotiale and soda any avMWbk lnsorarre
claim sad Mal Od ratters. If Bouower does not mrspond within 30 drys to a nodes from I,ermder that the
inismace carrier bas offered to soak a claim, then Leader my negotiate and aetile the daiin. Thu 30-dey
Period will begin when the notce Is given. In dam evert, or If Leader segalmes the PmoperW under
Scaloo 22 or otherwise, Borrower hereby aselguG to Lander (a) Borrower's rights to any Imimance
proceeds in an amount not to exceed dw amounts toped under the Note or this Security ima rmoeru. sad
(b) any other of Borrower's righta (other am the right to any refuud of unearned proms paid by
Borrower) sneer all haurance polides covering the Property, insofar as suck rigbb we applicable to the
coverage of the Property. Leader may um the insurance proceeds ether to repair or ra m n the property or
to pay amomds unpaid nndcr the Note or toils Security Instrument. wbaber or rot then aloe.
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6. Occupancy. Borrower dWI ocavy. establish, and an the Property as Borrower's ptincipel
residence WW M 60 days aft the execution of this Security Ina tutemt and dun cogifte to occupy the
Property as Barowces principal tesidenoo far at km one year tdtet the thte of oCC%mo y, onsea Leader
otherwise aglow in writing, which consent shall not be t>uircosombly withheld, or wdrxa =kAisting
ch=rnstsnoa exist which an beyond Borrower's control.
7. Prraervallon, M thattaanee and Protesdba of the Property; Iaspadoas. Borrower shall rat
destroy. damage or hop* the Property, allow the Property to deteriorate or commit waste oa the
Property. Whether or not Borrower is miring In the Prvpeny, Borrows shall maintain the Property in
order to prevent the Property tram deteiimdag or decreasing in vdne dot: to its condition. Uulem it Is
determined pursunat to Section 5 that repair or restan(fo r is not economically feasible. Borrower shall
promptly repair the Property if damaged to avoid Andia deterioration or darosgo. If tnroraace or
condemnation proceeds are paid In coeusecdon wldt damage to, or We taking of. the Pioperty. Borrower
ehxR be responsible for repairing or restoring the Property only if Lade Use released proceeds for wa
pasposes. Lender may disburse proceeds for the repairs and re daalion In a singe payment or in a sed" of
progress payments es the work h coutpleted. If the insarance or condemnation prooeods are act sat5ciew
to repair or restom the Property, Bonowcr Is not relieved of Borrower's dMigation for the completion of
such repair at restoration.
I scarier or its agent may make reasonable entries upon and inspections of the Property. If it has
rmsonable cause. Lender may inspect the interior of the Impmvemer to on the Property. Lender shall give
Bom ver notice at the time of or prior to xxb an Interior Inspection specloft such rcnomhe cause.
s. Borrower's Laaa Appfltistiou. Hottowa 6hall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction, of Borrom or with Bonuwar's
knowledge or comsat gave materially false, misleading, or Inaccurate Information or stmemeras to Ianrter
(or failed to provide Lender with material infarmadon) in cosaecdoa with the Loan. Material
rcpreseatations Include, but are not timitod to, representations cowerniug Borrower's occupancy of tbo
Property as Bonowces priuclpal nzideaoe.
9. Prokah n of Lender's Interest in the Property and Rights Under 1W Security Instru euL It
(a) Boauwcr faits to perform the covenants and agreements contained in Ibis Security Ioefratuca, (b) there
is a kgai proceeding that migW significantly affect Leader's inferewt in der Pmpcny and/or rights wer
this Security [nsormoeM (such as a proceeding in bonkmpuy. ptobate, for condemnation or forfeitme, for
adorccmart of a lien which may attain priority over this Security Irotnm>ant or b enforce htw6 or
regalatioos), or (c) Borrower bas d ondoood the Property, dim I.-A may do wad pay for whetew is
reasonable or appropriate to protect Leader's Waeat In the Property and rights ender this Security
IMIMUM at. Inrindtug ptotmtog and/or asseseing the value of the Property, and senubrs and/or repairing
the Property. Leader's actions can include, but am cot limited to: (a) paying soy gums secured by a lien
which has priority over this Socarity Lnstrutamt; (b) appearing is eomt; and (c) paying remoswble
attorneys' bees to protect Its interest in the Property and/or rights Under this Security Ihnaareent, iadv&"
Its waited position in a baulcruptcy proroed'atg. Socudog the properly includes, but is not limited to,
cote ft the Property to make repain. chauge lochs. replace or baud up doors and window's. drain water
from pipes, eilminaW buildhe or other code violations or dauscrtm Cotldkkms, and have u0ties turned
on or off. Although Leader may take action under this Section 9, Lender does not have to do so ad is not
under any dory of obligation to do so. It is agrad that Leader inem no liability for not L&Mag any err all
actions authorized under gas section 9.
1006400860
IR4NPAt noun no.a.r is Fur& 3038 1101
032/050
B9194 i P63968
06/15/2009 9:08:38 AM CUMBERLAND COUNTY fn%L# 200609597 - Paga 8 of 21
10/05/2009 10:53 FAX 215 567; '2 PI$LAN IIALLINAN SCHUIGV
Any amorats Qinbarsod by lender under ibis Section 9 aW booms additional deb[ of Borrower
secured by ibis SWzdty imreudod. Tbese amoam shalt bear interest at the Now raw fimm the date of
disbursenient and stall be payable, with arch lataest, upon nodco from Lender to Borrower roquesdq
payment.
If (1112 Security Innfrmnaat is on a Toehold. Burrower shell comply with all Ow provisions of the
lease. If Borrower aaryltee fee titre to the Pruperry, the le asebold and the fee We " not merge walcu
Leader agora to ft mega In writing.
16. Mortgage lunraw& If Lender required Mortgago labvrao a as a condition of mating the loan.
Borrower "I pay the praaivms required to mmimaln the Mortgage bane= in dYett. If, for any reason,
the Mortgagor Iasmum eovmp wphed by Leader txasts to be evailmWc Cram the mrrtgage Insurer tbao
pRWoudy pw?idod arch insurance and Borrower was to pored to males separately dedi maim paynaats
towmd dm premiums for Mortgage Inumce. Bamnver *a? pproy the pnmuma mpbvd to obtain
coverage substenmy egriti6lent to the Mortgage boursom pre+ltameiy is COW- at a twat autistat daft
ogoivalca to the cost to Harrower of the blbttgage Ismanct prevtogsly is effdra4 from an alternate
mortgage hooter sdected by Lender. If v6sumdally equdvaiemt Mortgage Iamrraaee coverage is not
available, Bonrower shall continue to pay to Exirder the amount of the separately deeigWed payk= a that
were doe when the in+uraaee coverage ceased to be it dr=. Leader will accept. mad mind retain dK%e
payments as a non-refundable Coq reserve In lieu of Mortgage Inautaoce. Such loan rcaerve &A be
nro-reftudable, notwillidabding the fact Wst (tie Loan is ultimately paid In fall. and Lender 3MU not be
required to pay Borrower any interest or eacalage on sub Irma reserves Leader con no longer mquim loan
payreeats if Mortgage lmarance covmp (ln the amount and for the period tint Lender requk=)
provided 17 as hwater selected by I ender again becontcs available, is obtained. and leader regains
uParstelY payer torrent the for Mortgage In awaum- If Leader rcgobvd Mortgage
Imtaance as a condition of malting the Lou and Bomwer was required to melee sqixuedy deal tod
paymcum toward the pre W=w for Mortgage hrsarancc. Borrower abaft pay We pre>adams required to
maintain Mortgage Intrados in effect, or to provide a nan-[elwxMIe loss reserve. now Lender's
rogatrememt for Mortgage Iasorwa:e pda is VeCOAb= wi(h any wdUm agreement ba en Ilbabwer and
I providing for stub termination or until termination b regoirod by Applicable Law- NoWu% in thin
Smdom 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage hum= rtimborces Lender (or any Miry, drat pum aem the Dote) for certain leads it
nay incur if Borrower does not repay the loam as agreed. Borrower is not a patty to the Mortgage
Learaoce. .
Mortgage banns evaluate their total risk on au such laaarance in farce from dine to ame, and may
war into agreemrads with other pardca that dog or modify dolt risk. or reduce losses. Timid agreements
are on terns and conditions dot an a ftactory go the montage tenures and tife umber parry (or pardta) go
th a s . These agreements may 'Core, tae >indrtaege hrswer to make payments UlAg any source that 411C oAttgage iGSGMr ray have available (wbicb amp inciude fonds obtained from Mortgage
hour oce premlmae).
As a result of these agtearrcnls. Lender, any purchaser of the Note, aootber insurer, any reinsurcr.
any other dairy, or any affiliate of any of rite foregatng, may ttexive (directly of indiieiNy) amoma that
derive liven (or might be cbmacseriud ea) a portion of Botmatrer's paymeeta for Mortgage losoramoe, to
ercbange for ahariag or ntodilyierg She matdgage tmatrer's tick, or rednt:ing loaned. If stub erg MZW
Provides that an affiliate of Lender takes a abate of the insma,x rink in cubange for a share of the
permiutm paid to the inn=, the arrangement is often termeef 'cVdve rrittantwee." Farther
(a) Any mcli agre:ementa wW amt aged the amenan (hit Borrower has agreed to pay for
Mortgage laanraaol, or any other terms of the Loan. Mach agteammu'erM not loertiaw the amount
Borrower Will awe for Mov%ige Insurance, and they, twill nut r dtk Borrower to soy rd"d.
4ft-91PA) apoai
SK 1941 P63969
owlsfmg 9105:35 Am
Hd.lc
rap. s f 10
CUMBERLAND COUNTY
1006400660
Fonn 3030 1101
t&33/050
insLB 200606697 - Page 9 of 21
10/05/2009 10:53 FAX 215 567. PHELAN HALLINAN SCHNIEF IA034/050
06/152x09 9:09:38 AM
(b) Any such agreements will not WWI the rights Borrmisr has - if try - with reaped to the
Montage bunnuma adder the ff9meewea s P"roftetlen Act of I'l9kl or say other laves These rights
may ladmig the rIW to mdve calab dbeibssrer, to request said obtsW counbotlen of de
Mortgage lafm'mnce, to have the Mor ipp Iaaueaoee to =km te0 ashy, mailer to receive a
refund of say Mortgage insurance prandams not were maesmed at W time of stick ciaae9aden or
termiaatim
11. Assigmesent of Miseellaaeous Proceeds; Forfettere. All MideeBancoua Proceeds am baoby
atsigoed to and aball be paid to Lender.
If the Property is damaged. sorb Miscdhne:=6 Pmcbeds diall be applied to ndtontion Or repair of
the Property, if the: FC00 600 or depair is ooaaoariutly feasible and Larder's searrity Is malt Icsseaed.
During sorb repair and reatonatlon period, Lasser !ball have the right to bold sack MIsmHancous Proweds
until Lender has bad a& oppartsaity to tmpad dash Property to cosmre die work bas beim completed to
Laser's satisfaction. prodlddeedd that such Inspection shall be undeatskea prop idy. Leader may pry for the
repairs no regoradon in a dingle disba roc meat or to a series of progress payments as [be work Is
completed. Unless an agn=md is made in writing or Applicable Law requires interest to be paid an 8ucb
Miscellaneous Proceeds. Lender shall not be nquircd to pay Borrower any Interest or carhimt on such
MisaBaneom Proceeds. If the restoration or repair is mot cw nmically feasible or Lenders security would
be ksaened, the Miseellamom Proceeds shall be opplW to the sane sectaod by this Sorority lostmmat.
whether or not thm due, with the excess. If my. paid to Botrewcr. Sorb Miaoeltaneous prbcceds shall be
applied is the Order provided for in Sacdm 2.
In the evcat of a total taking. desbu Lion, or loss In value of the Property. the MisocHaamus
Proceeds shall be applied to tie same aocatod by this Seradty i mumcnt, whedw or not that doe. with
the excess, if any, paid to Borrower.
In the event of a partial taking, dearactlon, or lam in value of the Property in which the fair rmarka
value of the Property lmmcdntdy before the partial mkiag, destruction. or lose in value Is equal to or
grater than the amount of the same secured by ibis Seeosity lasdament imruodistcly before the partial
ueldbg. deetntctlon, or loss In vale, tmiCma Bonuwor and Leader otharwise.agme: in writing, the suns
aeeuod by this Security In rum cat abal) be reduced by die amount of die MiscelWWOts Prooads
mtdtipfiod by the following faction: (a) die total amount of die stuns seemed immediately before the
partial raking. destruction. or loss in value dlvidod by (b) the fair marimt value of the Property
innoWlately before the partial takiag. desnuctton, or loss to vahm Any balance shall be paid to Borrower.
In 0e event of a partial tekigg, dalraafon. or loss In vale of the Property in which the fair market
value of the Property immodWdy before the partial taking. dcsmdion, or loss In value is less than the
amonal of die dams secured Lmouxiiately before the ptatW taklag,. deshmdoa or lost In value, unless
Borrower and Leander otherwise agree In writing, the Miecelleamus Proceeds ftH be applied to the Omens
secured by this Security Inetrwoent wbedwr or not the errors ate then due-
If the Property Is abandoned by Borrower. or if, aft notice by Ladcr to Borrower that the
Opposing Party (as defined In the next uaence) offers to malmo as award to utdc a claim for dowScs,
Borrower fans to rcgmd to Leudd wid" 30 drys after the date the notice h given. Lttder is audwrived
to collect and apply the Miscellaneous Proceeds either to tesu atfon or repair of the Property or to des:
amna secured by this Security Instrument, whe&a or not than doe. 'Oppoeiog Party" towns the third party
that owes Bonoarer Miscellaneous Pcoeeodm or the party against wbom Borrower has a right of action in
regard to Miscellaneous Provemb.
Borrower " be in default if any acttoa or proceeding. whether civil or criminal. Is begun that. in
Lender's judgroed. could result to forfeiture of the Property at other materiel Impairme s of Unkes
lotersst in the Property or rights under this Security Instrument. Borrower can cure such a defm* and, If
acceleration has occurred. reinstate as providded in Section 14, by causing the action or proceeding to be
1006400660
am.a:
Gt4KPAi span rev eo d 1s Farm 3099 1101
891941 P63970
CUMBERLAND COUNTY 1n" 200606597 - Page 10 of 21
10/05/2009 10:53 M 215 567; '2 PHELAN HALLINAN SCHIIIIEV 0035/050
dismissed with a [cling that, in Lcaftes jodgmatt, preclude fed eltum of the property or other material
impairment of Lender's interest in the Property or rights under this Saarrity hrtsttarseat. The proceeds of
any award or claim for damages that arc attributable to the impalrasent of l endceo iatcissl in the property
arc hereby assigned and shall be paid w larder.
All Miscellaneom Proceeds that are not applied to restoration or repair of the property shall be
applied in the order provided tot In Section 2.
IL Borrewer Not Released; FedNmraica By Lewder Not ¦ Waiva. ERiemion of de. time for
paymaK or modification of amortization of the amms sc amcd by this Saartily lnetrumaot grA tad by Linda
to Borrower or any Surxeaor In IsMad of Borrower" not operate to rekaao roe liability of Borrower
or say Suommors in lateral of Brannan, fender shall not be to cos sincei a proceedings against
any Slsxmw In lateral of Borrower or to refuse to extead?for payment or otherwise modify
amortimtion of the mars sexual by this Security Imu meat by canon of ab y demand made by die original
Borrower or any Succesgora In Interest of Borrower. Any faitcon ors by Leader in exerhdsiag any rigbl or
remedy. including, without limitation, I.ander'a acceptance of payments from third persons, entities or
Sluccsors in Interest of Borrower or in amounts lest than the amount then due, sbalt not be a waiver of or
preclude the eurcise of any right or randy.
13. Joint and Several UsbNty; Ca-signors; Saaanon and Assigns Bound. BotidWer covenants
and agrees that Borrower's obligations and liability shall be joint and several. However. any Borrower who
co-signs this Scamtky Instnmrent btu does not execute the Note (a 'co-signer'): (a) is co-eigniag this
Security lneumoatt only to mongage, grant and coxwo tho co-signer's interest in toe Property 1111der We
terms of this security Inumment• (b) Is not personal y obligated to pay the lams sex uxd by this security
Instrument; and (c) agrees coat Deader and any otter Borrower can agree to extend. modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-otgwr'e cotuent.
Subject to the provisions of Seaton 18, any Successor in Interco of Borrower who ascnmm
Borrower's obligatiom under this Security Instrumew in writing, sad Is approved by Leaden, dull obtain
all of Borrower's rights and benefits ®der ft Security lastrusticaL Borrower shall not be rot ansed from
Borrower's obligations and liability order this Socurity lastruism unless I.endQ agree+ t0 Mach release in
welting. 7U covenants and agroaneab of this Soearity lramument shall bind (except as provided in
Section 20) and benefit the asocessots and anign of Lender.
14. fwan Charge& Larder may charge Borrower fora for saviaa performed in connection with
Borrower's ddault. for the purpose of protesting Leader's lourest In We Pmpeny and d" aids this
Soteaity Instrument. IwAudiiag. bat not limited to. attorneys' frees. ptvpaty Inspection and valuation floes.
In regard to any other foes. We absarce of expt= authority In tltla Security h amumeat to charge a gftifrc
fee to Borrower shall Fiat be construed as a pm Wbidoe on the charging of such he. Lender any not charge
fen that are expstaaly VraWbhed by Wier Sc warty Inarmant or by AppUable law.
If the Gaon is subject to a law which a b wash mt a loam charges. and that law to finally lmerpretod go
that the Interest or other loan dwges tnlfoded or b be collected In connection with ft Loan eaxce od the
pen Wtwd limits. then: (a) any such loan charge shall be adoced by tour amount nc muq to reduce the
charge to the permitted limit; and (b) any mills already collected from Borrows which execeded peroon d
limits will be refunded to Borrower. lender racy choose to maim Oda rafted by reducing the principal
owed undo the Note or by making a direct payment to Borrower. If a wIWW reduces principal. the
tedwction will be treated al a partial prepayment without any prpyaymeni charge (wbdtbtr or not a
prepayment 0090 Is provided for under the. None). Borrowers aecepw= of any such refurxl made by
diad payment to Borrower will c onstilnla a waiver of any right of action Borrows might bave arising out
of web overcharge.
15. Notices. All notion given by Borrower or Lcadier In connection with this Security Instrument
must be in writing. Any nodee to Bdrrowtr In e:Ortnetdon with this Security Ioetrumemt "bee dee:mcd to
1006400860
4R-G(PA) fo<cai 11a to
Fwm X39 1101
174-
8K194IP6397I
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have been given to Borrower when mailed by first class mail or when neurally dclivnaed to Borrower's
notice addiesss If acm by other mans. Notice 1b any one Borrower shall eoastitrue oldies: to ail Borrowers
unless Applicable Law cgfcidy inquires otherwise. 7Le soots address " be the Property Address
=I= Borrower Las designated a sabatitale notice address by notice to L.atder. Bo vmlr smell prougtdy
notify Leader of Bosnow is change: of address. If Larder spocifies a procedure for repmft Bortawee.
change of address, then Borrower shall only report a change of address tboooBb dot gwcblcd procedure.
M7 cro my be odes one dedgnslad ootbx address mode this 5ecarlty Insamucat at say one time. Any
notice to Leader shall be givers by delivering it or by muffle` it by first class mall to Lender's address
spdod basis unless Lender has designated astodter address by notice to Borrower. Any motive to
connm*m With 1616 Security Iaadameet aball not be eloessod to have been given to Leodix wit sanity
rxelved by Leader. If any notice required by this Sdom* Incnumeat in also required aneler Applicable
Law, the Applicable Law wpilrsmeat will satisfy rho eomsponding requirement ender this Stcoriry
Instrument.
16. Govendug lair 6evembility; Ames of CoastmWoo. This Scearity Instrument shall be
gow:tnod by fodCrd law and the Iaw Of the jWWdusf0n la Which the Property is located. All dztb and
obligations contained in this Security Instrument are subject to any requirements and ]imitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by coottier or it
might be agent. but each alleoce shall not be construed as a problbition against agreement by contract. In
the event that say provision or clause of this Security btsizoommt at the Note confNds with Appliceble
Law, such conflict shall rot affect other provisions of ads Security Instrument or the Note whiub can be
given effect without the conflicting provision.
As used in this Security lasantment: (a) words of the a me alum gender shall mean and Include
corresponding neuter words or wends of the femhdm gender, (b) words in the singular edhaB mean and
include the plural and vice versa; and (c) the word "may' gives sole discretion widwal any obligation to
take say action.
17. Berrerrer's Co". Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a BEadicial Interest in Borrower. As used In this Section 18,
'Interest in she Property" assns any Icgd or beneficial intereat in the Property. lne3usdiag but not limited
to, those beneficial imeresu tranneforred in a bond for deed, contract for decd. Installment saes-contract or
escrow agrecu ae, the iatcot of whkh Is the transfer of fide by Borrower at a ham date to a pumbaser.
If all or any part of the Property or any h9crtst in die Property is sold or traaste rred (or if Borrower
Is so a natural pcmm and a bcnc ielal inmam In Borrower Is sold or tranaferrod) without Leader's prior
written consent. bender raay negoito immediate payment is fM of all sums secured by this Security
lnstrurmeat. However. this option shall not be exercised by Leader If such exercise Is prahr?ted by
Applicable Law.
If Under exercises this option. Leader shall give Borrower notice of accderatian The native shall
provide is period of not Ins than 30 days from the den due malice is given In accordance with Section 15
within whip Borrower roust pay all sums scented by thin Security Insmient. If Borrower fdk to pay
these awn prior to the expiration of this period. Laufer may invoke any mawdies permitted by this
Security Itsanmeat without AmQecr notice err demand on Borrower.
19. Borrower's Right to Relamote After Acceleration. If Borrower meets cows conditions.
Borrower shall have the right to have enf ncement of mis Security Instrument discontinued at any dw
prior to the aalfest of: (a) five days before sale of the property pursuant to any power of oak contained in
this Security Instrument; (b) such otbcr period as Applicable Law might specify for the n of
Boauwcv'3 right to reinstate; or (c) entry of a jodgaaem eafoteiag this Security Instrument Those
conditions are that Borrower. (a) lays Leader oil some which then would be due ceder this Security
Imtrumeat and the Note as If rco occelradom bad occurred; (b) suss any default of any other covenants or
1006400860
a.u.m
dft-a(PAI 1060:1 P.,. er d ee resin 3039 1101
0 ;;15-1
BK 194 1 P63972
IA036/050
OWIS20a9 9.011:95 AM CUMBERIJWO COUNTY In" 200686597 - Page 12 or 21
10/05/2009 10:54 M 215 567: 72 PHELAN HALLINAN SCHMIEC (x037/050
agmemems; (e) pays all expenses incurred In edercing Ihb Security lnauument. including, but not limited
to, reasonable attorneys' feu, property impectloa and valuation fees, and other foes In sin d for the
purpose of protecting [:cadet`s inDacat to the property and rights coder this Soarity instromeat; and (d)
takes such action as Lender may reasonably require to assure that lender's Interest in the Property and
rights under ebb Secm* inskummu4 and Bmm*ces obldytiloa to pay the soma senaasd by this Seaoity
Imtriwrnt, don coutimro nucbeaged. Lander may mgdm that Borrower pay such teimtateuma Sams and
expanses III one or mote of the foliowlag farms. as selected by Leader: (a) cub; (b) money 6nler; (c)
cadfied d=k bank chock, acesumes u2w& or cashier's Check. p mvidod soy =it -bee is dmwa upon
an institution whose deposits ant: irmudd by a federal agency, imuncoWity or entity, or (d) Blectronic
Funds Tmmfer_ Upon reinststemmt by Dormwer. dda Seconly lmunmeut and obligations secured mmby
shall ro®n filly offective as if no acederalion bad occurred. However. this right to minstate shall not
apply in the case of arxdaation under Section Is.
10. Sale of Node, Citaags of Loan Serdesr, Notice of Grievanoa The Note or a partial interest in
the Note (to=ether with this Security b sismum t) can be sold one or erode times without prior notice to
Borrower. A sate might result In a change in the entity (known as the "Imen Servim) that collects
Periodic Payments due aadu the Note and this Security Imtrameat and performs oilm mortgage loan
servicing obligations under the Note. this Security butrament, and Applicable Law. Thee alto might be
one or mere changes of the Lome Serview umebted to a sale of the Note. If there is a change of the Loan
Ser Acer, Borrower will be given wdum notice of the change which will state the mute and address of the
new Loan Savmw. the address to which payments dvxdd be made and any odor Information It WA
requites In connection with a notice of transfer of servicing. U to Note Is said and thaeatker &a Laaa Is
serviced by a Loam Servicer other than the purchaser of the Note. the mottgage loan servicing obligation
to Borrower will remain with the Loan Services or be uamsferred to a successor loan Scmccr and are adt
warned by the Note purchaser unit= odxmwin provided by the Noto purchaser.
Neither Borrower nor lender may eonunence. join, or be joined to any Judicial action (as either an
W&vkbW Udgent or the member of a class) that adds from the other party's actions pnrsuent to this
Security insumneot or that alleges that time other patty has breached ray provision of, or any duty owed by
reason of, this Security Iastmmneoi, urtid amb Borrower or Itadet has notified the other party (with such
notice given in compliance with roe regolnrmeots of Satan 15) of suck alleged breach and afforded the
other party bereto a reasonable period after the giving of such notion to take corrective action. If
Applicable Law provides a time period which mutts elapse Wore ccrudo action can be taloen. that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of smder dm and
opporikmity to care given tu Borrower pwsuaml to Saetioa 22 and die notice of accelcdtion given to
Borrower pursuant to Smdon 19 shall be deaued to satisfy the notice and opportunity to take cortxaivc
action provisions of thin Section 20.
11. Aarardom Srbsfaooa. As used is this Sccdm 21: (a) "Hansdous SbbatadmA' are those
substances defined as toxic or hxmWa s substances. poUrtants, or wastes by Enviroamencrl Law and the
fallowing mbsu moos; gasoline. knumna, other flammable at toxic petroleum products, tulle penicides
and herbicides, volatile solvents, matmds eomtai ing asbestos or fomna"de. and radioactive materials.
(b) TxvirenmenW Law" means federal laws and laws of the Ju "ation when &a property is located dot
relate to health, safety or wvimomertal protection; (c) "Eavirommentsl ocump" includes any regwm
action, rmkedW acdon, or mumval action, an defined in Haviroameotal Law; and (d) an 'Envdtomacntai
Condition" mcarm a condition O=at can cause, oontnbute to, or otherwise trigger an Pnvironnia ntal
gyp.
1006400860
at-atPAr own File. to • is Form 3930 1101
BK 194 1 PG3973
08115/2099 a9e3awM CUMBERVWUCOUNW Mal.*2008065W-Paaot3of 21
10/05/2009 10:54 FAX 215 567, 72 PHELAN HALLINAN SCHNIIsC.
Borrower sbatl not eaase of Paton the pteseooe. Use. dispoW. storage, or rdasc of any Hazardous
Substances, or throlea to terse any Hwrdoan Slabsttutce+. ca or in the property. Hocrovirer" not do,
nor Aow anyone doc to do, anydit alfocng toe Psopaty (a) tteu is in viomtion of nay 1iDVddmNMW
Law, (b) which creates an Hnvlmttm I C7ondidon, or (c) whack doe to the presence. me. or Warne of a
Hazardous Sabansce. aeon a condition that adver" aBtcts the value of the Propttrty. 7bt pteoedlag
two seotesecs duo not apply to the p encr, use, or ttosagc on the Property of a" tlasWifla of
Hazardous Subssancev that ace geaeaalfy recognized to be appropriate to normal residedtisl ass and to
mafoteaatice of the Pzopcny (' ad'rgq. but not limited to, hazardous substances in oonntmer products).
Botroaier am ptnmpiy give ieador vvritlea notice of(a) nay, iavau'guloo, cldni, demaad. lawsuit
or other action by any governmental or regalatosy agency or private patty lnvolvhg the Property and any
Aazatdous Salimice or 8avisomew4l Law of wh1ch Borrower ban actual lotowledge• (b) any
Enviror®euW Coadntos. tacladfag but not United to. saasyy spill1q. lesilrittg, discharges telbse or threat of
relmse of any Hazardous Substance, and (e) any condition caused by the presaiee.. use or telme of a
Hazardous SolowDee which advessely a fecn the value of iu: Ptope ty. If Boaower Rarer, or to notified
by nay goverraaental? o wrY a q'• at anY prime party. f9 soy removal err offer ronedstioa
of arty Ilarardars effestleg Property uooeesary, Borrower shalt pa ody take all wary
remedial actions is aocordAOCe vvlth Foviroumetttel Law. Nothing herein del creane_ _ arty obligation on
Lerch for an Enviromamlal. Cleanup.
NON-UNIFORM COVENANTS- Borrower and lender thither covenant and agree as follows:
22. Acceleration; Remedies. Leader shall give notice to Barawar prior to aeadbsades follausfng
Borrower's breach of my coveniant or erg wonent In ilds Secissity Indrmoeot ('bK iset prior to
acceleration tinder Section ig sinless pp a Law provides otharwfre). LeaOr shall notify
Borrower of, noottg other t dW. (a) the ddaal? (b) Ibe acdm rsqursed to core tie dtl6iidl: (c) when
the ddswlt must be cored; mad (d) that lathe to taro the default u specilld may rank In
acceleration of the sous secured by Mb tlecadly Insti®e st, fns adman by Jadltid yeoeeetdng and
sate of the rrepeny. Leader sball further ratans Bonvwor of the sight to rdautaft ' seoeferdku
and the right to awcrt Is the foreclosure p the noes-eaisthow of a ddadt or say other
defense of Borrower to acceleration and forvadosese. II the default 6 pet cored as gr6dfled, Leader at
its option may raleire immedlate payment to fail of all nuua severed by this Security Indrment
without further demand sad may foreclose this Security I isbumal by JrAdd prodteding. Leader
sball be entitled to collect all expenses focarred la parndsg tine reanedla provldad In Ibis Section 22,
iucludhsg, but not limited to, attorsays' fees and costs of title evidence to the esteat permitted by
Applicable Low.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the ware conveyed shall termraale and bocome toad. After such occurrence, Lesift shell disclratge
and ad.* iris Soca dry Inauumcat. llorwiver dull pay nay ieccoila loo costs. Lander may charge
Borrower is he for mlexeim?g this Security Iatitvmrent, but eofy it the fee is paid to a third pony for serviczs
rendered and the churging of the fee is perudttod under Applicable Law.
24. Walvea. Borrower, to the extent permitted by Applicable Law, waives and rckWcs any erzoi or
defects in proceedings to taforee this Security Inshtnmeot, mad bait waives ire be odk of any present or
Marc laws provit tog for stay of execadou, extension of that, cxan"oa from aaacLmeat, levy and We.
and homestead excerption.
25. Rdontelemeat Pcdod. Borrower's time to reinstate provided in Section 19 d all extend to one
hour prior to the commencement of bidding at a sberifrs We or other sale pursuant to this Senaity
Instrarnent.
28. Purchase Money Mortgage If any of the debt secarad by iris Security Instrument is lee to
Borrower to aoqulre tine to the Psapettyi ttds Serenity Iiestrrareerd shall be a purchase money nnortgege.
27. Interest Rate After JuelQmeut. Borrower agtets that toe Interest rate payable after s )Bdpncw 16
entered on the Note or In an action of uratgage foreclosure shop be the rate payable hum awe to line
under the Note.
1006400860
09.41PAI prow
Yw. e4d et roam 3038 1104
@038/050
9K1941PG3974
06!152009 9.08:38 AM CUMBERLAND COUNTY
1ncL/F 200605587 -Papa 14 of 21
10/05/2009 10:55 FAX 215 567e '2 PHELAN HALLINAN SCUMII P Q039/050
BY SIGNING BELOW. Borrower acccpta and agnxs to We Game and coveaeats contained in thin
Sconiry Instrument and in any Rider executed by Harrower aW tecordod with it.
Wimesso:
V(,(,J u"" ?• (Sew)
Tod 5 Burnham -Bmmwu
4i-e(pa Mm
rap. to at to
BK 1941 P63975
08115/2009 90838 AM CUMBERtAM Cp(lM
_ (Seal)
-0armwa-
_ (Sea!)
-twn9.«
(seal)
-5afMWcr
- (""O') (` CRO
-EOfmwer -UMMWcf
- (`ed) (sue)
-Boftowcr -Bortanu
1006400860
Fond 3b3v Vol
ktsLV 200608597 - Page 15 of 21
10/05/2009 10:55 FAX 215 567;. 72 PHELAN HALLINAN SCHHIEA Q040/050
COMMONWEALTEI OF PENNSYLVANIA, U-t y VILARL r--- Comma a:
Oa this. Me 10"' day of F-%t oruu r--, 700IP , before tae, the
uwkmdgacd ofIiccr. peraooally apps ?, t ?t j] r y.hca r•?
kwwa to me (or
6alidsctbn'Iy Proven) to be The pcmoa(s) wkm aamc(s) t&ate a ftUPxd to the witbin ia.+tt=m and
acknowledged tha ejAdihey executed the am for the pugmws hen in contained.
tN WITNESS WIMEoP, I hcmrnto set my hand and official scar
My Commicaion evires: [-,216-09
L
ItaarW6,a1
Tw? P1?ac
My orr:..w? ?o°°?
• Ago wIIdIl
iqhxcy-)-?
Thk of Dm=
Ccttfflate asRcddence
1, K,0AVV d,s• VQIi`ZtVIQrim do.hdreby oertify that
ibecanectaddmuufthewithID-na iedMortgagecis 18400 Von Karaan, Suite 1000,
Irvine, CA 92612
Witness my hand this day Of ?b??a?s.y?zoas;
n;cat of Maarla«
1006400660
Ink:re
Qk4TPAI mom v.o. ie 1 u Farm 30M 1101
8K 194 1 PG3976
0611 SM09 9:06:36 AM CUMBERLAND COUNTY tnsL# 200606597 - Page 16 of 21
10/05/2009 10:55 ]FAX 215 5671 '2 PHELAN HALLINAN SCHYIEC, Q041/050
ADJUSTABLE RATE RIDER
(L MOR Six-1HosA lade (As roWI&W In 7be Wall Siren jawm) - Rate Caps)
THIS ADJUSTABLE RATE fi1DER Is made this 10th day of February. 2006
and is incorporated Into and shag be deemed to amend and sWplement thb Mortgage, Deed
of Trust, or Security Deed (the "Security Instrument") of the some data given by the
undersigned ("Borrower') to secure Borrower's Adjustable Rate Notd (the "Note') to
New Century Notgage Corporation
("Lander") of the same date end covering the property described in the Security instrument
and located at: 507 Hogestown Rd.. Mechanicsburg. FA 17050
(Property Address)
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTIER bT RATE AND THE MONTHLY- PAYMENT.. THE NOTE LIMMS THE
AMOUNT sOIIROWER'S INTEItmir RATE CAN CM19GE AT ANY ONE 11ME
AND THE MAXMUM RATE'BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the
Security Insuument, Borrower and Lander further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an Initial interest rate of 7.800 %. The Note provides
for changes in the Interest rate and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest into I will pay may change on the fast day of 0arch. 2008
and on that day every 6th month thereafter. Each date on which my interest rate
could change is called a "Change Date."
1131 The Index
Beginning with the first Change Date, my interest rate will be based an an Index. The
"Index" Is the average of interbank offered rates for six month U.S. dollar-denominated
deposits in the London market ("LIBOR"), as published in The Wag Strobl Journal. The most
recent Index figure available as of the first business day of the month Immediately preceding
the month In which the Change Date occurs Is celled the "Current Index."
If the Index Is no longer available, the Note Holder will choose a new Index that is based
upon comparable information. The Note Holder will give me notice of this choice.
jC1 Calculation of Changes
Before each Change Date, the Note Holder will calculate my new Interest rate by adding
Six And Forty-five Hundredth(s) percentage points
( 5.450 %1 to the Current Index. The Note Holder will then round the result of
1006400860
MULTISTATE ADJUSTABLE RATE RIDER - UBOR SIX-MO_i?t INDEX (AS PUBLISHED IN
THE WALL STREET JOURNAU - Skq0s Family - Fannie Mee Uniform Instrument
83BA (04021 Form 3130 1101
Page 1 of 3 iInIdelal.
ons, I
VMP Mortgage Solutions, no'
(8001521-7291
BK-1941 PG3977
OWI x2009 9:08:38 AM CUMBERLAND COUNTY In" 2006MO -Page 17 or 21
10/05/2009 10:55 FAIL 215 567; '72 PH LAN HALLINAN SCHNIEC 9042/060
0Br15r2009 9:099 AM
this addition to the nearest one-eighth of one percerttage point {0.125%)• Subject to the limits
stated In Section 41D) below. this rounded amount will be my new interest rdte until tha•next
Change Date.
The Note Holder will than determine the amount of the monthly payment that would be
sufficient to ropey the unpaid principal that I arin expected to owe at the Charge Date in full
on the Msturky oats at my new Interest rate In substanilafly equal payments. The result of
this calculation will be the new amount of my monthly payment.
(DI Units on Interest Rate Changes
The interest rate i am required to pay at the fast Change Date will not be greater than
9.300 % or less than 7.800 %. Thereafter, my interest rate will
never be increased or demeaned on any single Change Date by more than One And
One-half percentage points
1 1.500 %) from the rata of Interest 1 have been paying for the preceding
5 months. My Interest rata wal never be greater than 14.800 %.
(E) Effective Date of Changes
My new Interest rate wilt?ecorne effective on each Change Data. 1 will pay the amount
of my new monthly payment beginning an the first monthly payment date after the Change
Date until the amount of my monthly payment changes again.
(Fl Notice of Changes
The Note Holder v0ll deliver or mad to me a notice of any changes in my Interest rate and
the amount of my monthly payment, before the effective date of any change. This notice will
include information required by law to be given to me and aim the title and telephone number
of a person who will answer any question I may have regarding the notice.
a. TRANBFOR OF THE PROPERTY OR A 8>FHEFiC1AL INTEREST IN RORRQINBI
Uniform Covenant 18 of the Security Instrument to amended to read as follows:
Transfer of the Property or a Beneficial Interest In Borrower. As usdd In this
Section 18, "Interest In the Property" means any legal or beneficial Interest fn the
Property, Including, but not arcked to, those beneficial interests transfeerred in a
bond for deed, contract for dead. Installment sales contractor escrow agrasment,
the Intent of which is the transfer of title by Borrower at a future dM to a
purchaser.
If as or any part of the. Property or any Interest M the Property Is sold or
transferred for If Borrower is not a natural Person and a beneficial Interest in
Borrower Is sold or transferred) without fender a prior written consent, Lender may
require immadiste paymertt In full of all Gums seeped by this Security Instrument.
However, this option shall not lea axaritiried by Lander K such exercise is prohibited
by App Ncabls Law, lender also sites not exercise title option II: (el Borrower causes
to be submitted to Lender Mforrrxrtbn rogtn?ad by Lender to evaluate the Intended
vansferee as ff a maw kart were being made to the transferee; and (b) Lender
reasonably determInoe drat Lendet'a secwity wNi not lea Impairad by the loan
assumption and that the rlek of a broach of any covenant or agretmrent in this
Security instrument le acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee
as a condition to Lender's consent to the loan assumption. Lander also may require
the transferee to sign an asstanptlon agreement that is acceptable to Lender and that
obligates the eree to keep all the promlass and agreements made in the Note
and In this Security Instrument. Borrower will continue to be obligated under the
Note and this Security Instrument unless Lender releases Borrower in writing.
1006400660
Initials:
ak-838R (0401) Page 2 of 3 Form 3138 1/01
8K ! 94 I PG3978
CUMBERLAND COUNTY ImiA 2od6mgT -Page 1a of 21
10/05/2009 10:55 FAX 215 567; 72 PHELAN HALLINAN SCHMIEr
If LwWar eKerckes the option to require immediate payment in full. Lender shah
@ive Borrower notice of acceleration. The notice shag pprovide a period of not less
than 30 days from the date the notce is given In accordance with section 15 within
which Borrower must pay all suns secured by this Security Instrument. 11 Borrower
falls to pay these sums prior to the expiration of this period Lender may invoke any
remedies permitted by this Secu ty Instrument without further notice or demand on
Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the tennis and covenants contained
in this Ad?tatable Nate Alder.
{Seal) ISean
To d S Burnham -Borrower -Borrower
(See!)
-Borrower
_ (Seal)
-Borrower
- (Sea))
-Borrower
-(Seal)
-Borrower
- (Seall (Seal)
-Borrower -Borrower
IA 043/050
1.006400860
4ft-838N (0402) Page 3 of 3 Form 3138 1/01
Bl41941 PG3979
M M0011 9.00M AM CUMBERLAND COU14TY kwL# 260600587 - Pegs 19 of 21
10/05/2009 10:55 FAX 215 567; `2 PHELAN HALLINAN SCHKIEV 0044/050
r
ADJUSTABLE RATE RIDER ADDENDUM
(Libor lades - Rate Caps)
Ibis Adjudabta Rate Rider Addendum is made Oak 10th day of Fehntasy 2008
and is incorporated into and shall be doomed to mled and supplanae the Promissory Now (the "Hold") and
Mortgage, Dead of Trust or Soanity Deed (the 'Security Instrument") and Adjusuble Rato Rider (the
"Rldce) of the same date given by the undersigned (me 'Borrower") to secure mpsydient of Bbriowces
Note to
Now Commy Mortgage Corporation (i is "Leaded').
Property socuxing ropaymeot of tho Now is daaibod is the Setatrity hurkwneat and located at
50T Hogpabwn Rd, Medodod+WS PA 17010
(Pmpmq Add-)
To the cxtcut that the provisions of this Adjustable Rote Rids Addendum arc ivctiMigImt with the
provisions of the Note and/or Scouriky Tnsammen( and/or Rider, the provisions of this Addeadnan shall
prevail over and supersede any such inconsistent provisions of the Note andlor Security Instrument anNor
Rider.
in addition to tho covenants cud agreements made in the Note, Security Instrument, and Rider, Borrower and
Larder dither covcasnt and agree ae follows:
4. (D) LI Ml1TS ON INTEREST RATE CHANGES
The iatereit rate I an required to pay at the nrst elmage date wnI not be greater tban
9.300 % or lest than 7.800 %. Tbereatter, my interest rate
will never be Increased or decreased as any single Gunge Date by store than
Ora And One-lraU PeT-wge pangs) ( 1.500'/•) from
the rate of Interest I have been paying for the preceding 6 menibs. My interest rate will new be
greater than 14.800' ar less than 7.800'/••
BY SIGNING BELOW, Banrawer ac_pb and agrees to the terms and covenants contained in this
Adjustabk Rate 7rn-
-r.m& I)A Btanhnm -
T Certify this to be recorded
in Cumberland
NCMC
AdjuaWYe Rare Rldar Addeodom
RE-102 (ot2296I
BKA 94 t P93980
Pqa r of 1
90061008110
06/15/2009 9:08:38 AM CUMBERLAND COUNTY IMUJ 2005W5W - Page 20 of 21
10/05/2009 10:56 FAX 215 567.;'-'2 PIII;LAN IIALLINAN SCMIZEP 0045/050
COZY NWENT
SCHEDULE C
File Number. 06-1015
ALL THAT CWTAIN lot of ground situate in Silver Spring Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the middle of public mad leading from the Borough of Mechanicsburg to the
Village of Hogestown, known as the Hogcswwn Road, said point being 32150 feet measured in a
Northerly direction along the middle of said Hogeshvon Road from the middle of the intersection of a
public toad with said Hogestown Road; thence slang land now or We of Warren T. Shaffer, et ux. South
77 degrees 15 minutes 00 seconds West 325.00 feet to a point at lands now or laps of John H. Fitmey, ct
ux; thence along said lands now or late of John k Finney, ct t a. North 04 . degrees 15 minutes 00
seconds West, 100.00 feet to a point at dw line of lands now or late of Annie S. Rhoads; thence along
the line of lands now or late of Annie E. Rhoads, North 77 degrees 15 minutes 00 seconid5 East, 325.00
feet to a point in the middle of said Hogestawn Road, South 04 degrees 15 miiates 00 seconds East,
100.00 feet to a point, the Place of BEGINNING.
HAVING THEREON ERECRED a one story frame and block dwelling knoWn and numbered as 507
Hogestown Road, Mechanicsburg, Pennsylvania.
UNDER AND SUBJECT, NEVERTHELESS, to easetuents, restrictions, reservations, conditions and
rights of way of record.
BEING THE SAME PREMISES which Todd S. Burnham, by decd dated April 18, 1994 and recorded
April 19, 1994, In Deed Book 104 page 176, in the Office of the Recorder of Deeds in end for the City
of Mechanicsburg, County of Cumberland, Pennsylvania, granted and conveyed u ato Todd S. Bundrmu
and Lisa M. Burnham, husband and wife, their heirs and assigns, in fee.
Parcel No: 38-20-1831-029
$1(194 1 P&3981
06h5I2009 9:88:38 AM CUMBERLAND COUNTY k%sLI 200606597 - Papa 21 of 21
VERIFICATION
1, Xee Moua , verify on behalf of the Plaintiff that the statements made in the
foregoing Complaint are true and correct to the best of my knowledge, information, and belief. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
C??
Xee Moua, Vice President of Loan Documentation
Date: 1 1.11 9.j09
404907-1
Q ?j 2O 6t3 q - m QL
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp=
Solicitor OFRCEOFTHE $?i6RIFF
New Century Mortgage Corporation I Case Number
vs.
Lisa M. Burnham 2009-8657
SHERIFF'S RETURN OF SERVICE
01/05/2010 02:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January
5, 2010 at 1447 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Lisa M. Burnham, by making known unto Todd S. Burnham, Husband of defendant at
507 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the
same time handing to him personally the said true and correct copy of the same.
01/05/2010 02:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January
5, 2010 at 1447 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Todd S. Burnham, by making known unto himself personally, at 507 Hogestown Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $53.00
January 06, 2010
SO ANSWERS,
uNNY R ANDERSON, SHERIFF
Deputy Sheriff
!C CountySuite Sheriff, Teieoso`i Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
V. NO. 09-8657
TODD S. BURNHAM and LISA M. BURNHAM
Defendants.
TO: Todd S. Burnham Date: January 26, 2010
507 Hogestown Road
Mechanicsburg, PA 17050
NOTICE - RULE 237.1
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
LAMM RUBENSTONE LLC
By:
Brian H. S squire
Attorney ID No. 65627
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
215-638-9330
Attorneys for Plaintiff
4075281
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
V.
NO. 09-8657
TODD S. BURNHAM and LISA M. BURNHAM
Defendants.
TO: Lisa M. Burnham Date: January 26, 2010
507 Hogestown Road
Mechanicsburg, PA 17050
NOTICE - RULE 237.1
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
LAMM RUBENSTONfaC
By: /Brian H. Smith, Esquire
Attorney ID No. 65627
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
215-638-9330
Attorneys for Plaintiff
4075281
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
V. NO. 09-8657
TODD S. BURNHAM and LISA M. BURNHAM
Defendants.
AFFIDAVIT
Brian H. Smith, Esquire, being duly sworn according to law, deposes and says:
He represents the Plaintiff in the above-captioned matter, and is authorized to
make this Affidavit on behalf of the Plaintiff,
2. Neither of the Defendants is in the military service of the United States, nor any
state or territory thereof, or its allies, as defined in the Solders' and Sailors' Civil Relief Act of
1940, and the amendments thereto;
3. Upon information and belief, Defendants' last known address is 507 Hogestown
Road, Mechanicsburg, PA 17050; and
4. Copies of the Complaint filed in this matter endorsed with Notices to Defend
within twenty (20) days of service thereof were served on Defendants, and Defendants have not
407915-1
filed an Answer to the Complaint in this matter, although the time in which to do so has expired.
Brian H. Smith, Esquire
Sworn to and Sub cribed
befor me this 'day
4Nryy , 2010.
=Public
LYNNE M. 6'i :. rvetary Public
Bensalem -i :As Coun?
My id1 ly 14, 010
407915-1
VERIFICATION
I, Brian H. Smith, Esquire, verify on behalf of the Plaintiff that the statements made in
the foregoing Complaint are true and correct to the best of my knowledge, information, and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
BrianH. Smith, Esq e
Date:
407915-1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
V. NO. 09-8657
TODD S. BURNHAM and LISA M. BURNHAM
Defendants.
MEMORANDUM OF LAW SUR PLAINTIFF'S MOTION FOR JUDGMENT
1. MATTER BEFORE THE COURT
Presently before the Court is Plaintiff's Motion for Judgment against Defendants.
II. STATEMENT OF QUESTION INVOLVED
Whether the Court should enter judgment in favor of Plaintiff and against Defendants in
the instant quiet title action?
(Suggested Answer: Yes).
III. FACTS
The instant case is a quiet title action requesting the reformation of a certain mortgage
entered into by Defendant, Todd S. Burnham, to include Defendant, Lisa M. Burnham, as a co-
mortgagor. The mortgaged premises is owned by both Defendants. Further, at the time of the
closing on the underlying loan, both Defendants were named as borrowers on the HUD-1
Settlement Sheet relating to the closing, and both Defendants signed same.
407915-1
IV. ARGUMENT
Pa.R.C.P. 1066(a) provides that, in a quiet title action, when a complaint containing a
notice to defend has been served upon a defendant, and the defendant does not file an answer
thereto, "appropriate relief' may be granted by the Court "upon affidavit" as to the foregoing.
Further, Pa.R.C.P. 1037(c) provides that a court, upon motion, "may enter an appropriate
judgment against a party upon default or admission."
In the instant case, although copies of Plaintiff's Complaint with Notices to Defend
attached were served upon Defendants, Defendants have not filed any responsive pleading
thereto. Therefore, the allegations of Plaintiff's Complaint are deemed admitted by Defendants,
and judgment is proper in the instant case against Defendants and in favor of Plaintiff.
V. RELIEF
Consequently, for all of the above reasons, Plaintiff respectfully requests this Honorable
Court to enter an Order granting judgment in Plaintiff's favor and against Defendants, in the
form of the proposed Order attached to Plaintiff s Motion for Judgment in this case.
LAMM RUBENSTONE LLC
By:
Brian H. Smith, Es ire
Attorney ID No. 65627
3600 Horizon Boulevard, Suite 200
Trevose, PA 19053
l 215-638-9330
Attorneys for Plaintiff
Date:
407915-1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
V. NO. 09-8657
TODD S. BURNHAM and LISA M. BURNHAM
Defendants.
CERTIFICATE OF SERVICE
I, Brian H. Smith, Esquire, do hereby certify that on the date listed below, I served true
and correct copies of Plaintiffs Motion for Judgment and supporting Memorandum of Law, via
regular United States first-class mail, postage pre-paid upon the following:
Todd S. Burnham, Pro Se
507 Hogestown Road
Mechanicsburg, PA 17050
i`
Date:
Lisa M. Burnham, Pro Se
507 Hogestown Road
Mechanicsburg, PA 17050
Brian H. Smith, Esquire
407915-1
FEB 16 2010
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW CENTURY MORTGAGE CORPORATION :
Plaintiff,
V. NO. 09-8657
TODD S. BURNHAM and LISA M. BURNHAM
Defendants.
ORDER
AND NOW, this day of 2010, an Affidavit of
Service of the Complaint in this matter with Notice to Defend having been filed, and no answer
having been made by the Defendants, the Court, upon Motion of Plaintiff, hereby ORDERS and
DECREES as follows:
1. The mortgage on premises 507 Hogestown Road, Mechanicsburg, PA 17050,
recorded with the Cumberland County Recorder of Deeds' Office at Book 1941, Page 3961, is
hereby reformed to add Defendant, Lisa M. Burnham, as a party/signatory/mortgagor thereto,
effective as of the date of execution of such mortgage, February 10, 2006.
2. The Cumberland County Recorder of Deeds' Office shall record/have recorded a
certified copy of the instant Order, and shall have such copy indexed in/with the land records
concerning premises 507 Hogestown Road, Mechanicsburg, PA 17050, as evidencing the
aforementioned reformation of the mortgage.
BY THE OURT:
cc: 9 ' n H. Smith, Esquire ` J.
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ojd S. Burnham, pro se
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>sa M. Burnham, prose rrr
407915-1