Loading...
HomeMy WebLinkAbout09-8905IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, _ NO.: pQ - $q05 alvd Ier-n+ Plaintiff, vs. JEANNE S. PARSONS, Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. A2n ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 350 Highland Drive Lewisville, TX 75067 AND THE DEFENDANT(S): 237 North Twenty-Sixth Street Camp Hill, A 17011 46?? AATTORNEV'FOWFLAINTIFA TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 237 North Twenty-Sixth Street, Camp Hill, PA 17011 ATTO INTIFF (717) 533-3280 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, VS. JEANNE S. PARSONS, Defendant. CIVIL DIVISION NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC fWa CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, VS. JEANNE S. PARSONS, Defendant. NO.. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicando en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. JEANNE S. PARSONS, Defendant. NO.. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, which has its principal place of business at 350 Highland Drive, Lewisville, Texas 75067. 2. The Defendant, Jeanne S. Parsons, is an adult individual whose last known address is 237 North Twenty-Sixth Street, Camp Hill, Pennsylvania 17011. 3. On or about August 25, 2006, Defendant executed a Note in favor of Plaintiff in the original principal amount of $193,600.00. 4. On or about August 25, 2006, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $193,600.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on September 11, 2006, in Mortgage Book Volume 1965, Page 2869. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about November 5, 2009, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 199,453.30 Interest through 12/21/2009 $ 5,157.37 Late Charges $ 363.50 Escrow Deficit $ 10,647.52 AppraisalBPO Fees $ 23.68 Plaintiff Advances $ 250.00 Attorney's Fees $ 1,350.00 Title Costs $ 410.00 TOTAL $ 217,655.37 plus interest on the principal sum ($199,453.30) from December 21, 2009, at the rate of $36.07 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $217,655.37, with interest thereon at the rate of $36.07 per diem from December 21, 2009 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAMES, SMITH DIETTERICK & CONNELLY LLP BY: Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. # 89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" r ROSERT P. PERM RECORDER OF DEEDS ???[?F:R l AIND CODUTY-F', SEP 11 HM 1146 Raeald Ani Nrletn Me?eRa Ter: (n C6dIN. AMMUM CCIMORMM OMIOiM M 1034 701 ti Aa W MU 111064111111111 2 ZQUITY COMPANY, LLC Ora MTTimumm i w, 45210 INNNNNININ RModen ToI: IT American RES ATTN: Nationatar Mortgage Tracking 450 Z.Boun" Street Chapin, SC 29436 258819831 - Parcel Number: Premises: 231 NORTR TMMY-SIXTB STMT Cum BILL, P>SMtIfSnVA1fIA 17011 ?LZ? y [Space Above Tbte Llae For Rowdiaa Dtual MORTGAGE DONS Words used im muhiplo sections of this document are defuud below and other words are defined in Sections 3,11,13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are aloe provided in Section 16. f? 8/2'3/2006 (A) Security Instrument means this document, which is dated together with AU Riders to this document. (B ")errarer" is S . PARSOtfS A SIWAA WOMAN Borrower is the mortgagor under this Security Instrument. (C) "Lendkr" is WhTIONSTAR IiDRTGIIGS LLC 3'/K/A Cif TXX UM RQO TY COWJNY, LLC A LINITED LIABILITY CO? PENNSYLVANIA - Single Family - Fannie Mae/Froddh Mae UNIFORM INSTRUMENT 48"PA) (oeoel nay. I of is inniaa: IN vMP mongaye solutions. Inc. 1600) 621 2 Form 3030 1101 II-1 965PG2869 258819831 Lender is a organized and existing under do laws of THE STATE or nEL11A01R? Lender's address is 2828 MMTB BARiMM DALIAS, TX 73201-1516 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrowed and dated 8/25/2006 The Note states that Borrower owes Leader ONE 80NDUD NZNZTY 2=2Z TROUSAUD SIX St7lADMM G 00/100 Dollars (U.S. $ 193,600.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 9/01/2036 - (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (b) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums duo under this Security Instrument. phis interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider ?Odua{Ls) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. m "Community Association Due, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,p "Electronk Funds 1'raaaler" means any transfer of funds, other than a transaction originated by check, draft. or similar paper instrmnent, which is initiated dtrough an electroaio terminal, telephonic inattumcnt computer, or magnetic tape so as iD order, instruct, or authorize a financial institudon to debit or coedit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, trandei s initiated by telephone, wire transfers. and automated clearinglouae transfers. (K) "Escrow Items" means those items drat are described in Section 3. Q "Miscellasemn Proceeds" means any compensation, settlearrerrt, award of damages, or procoeds paid by any third party (outer than insurance p ucoods paid under the coverages described in Section S) for: (i) damage to, or dea auction of, the Property; (H) condemnation or otter taking of all or any part of the Property: (iii) conveyance in lieu of condemnation, or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (NO "Mortgage Insurance" means insurance protecting Lender against die nonpayment of, or default on, the Loan. i Iftalr 4ft-S(PA) (oaoe) rage 2 or is Form 8030 1/01 8K 1965PG2870 258819831 (]) "Periodic Payment" means the regularly scheduled amount, due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument (O) "RUPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500). as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" rotors to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" oven. if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has wken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security hwument secures to Lender. (i) the repayment of the Lan, and all renewals, extensions and modifications of the Note; and (h) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the coMm ['type of Reewding Jwiadiction] of CUDMRRLIWD [Name of Recording Judadietical: All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 237 NORTS TMMY-SIXTH S?T (Street] C7WP SILL [City), Pennsylvania 17011 lip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixrurea now or hereafter a pert of the property. Ml replacements and addWans shall also be covered by this Security Instrumef All of the foregoing is referred to in this Security Inswment as the "may " 4%•0(PA) (oeoe) Pepe a or to Form 3039 1101 OX f 965PG287 I 258819831 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defad generally the title to the Property against all claims and demands, subject to any encmnbrances of record. THIS SECURITY INSTRUMENT combine uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering teal property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymeot of Prltseipai, Interest, Escrow Items, Prepayment 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 dire under due None. Borrower shall also pay funds for Escrow Inns 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 received by Lender as payment under due Now or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under due Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, book check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when rcmvod at due location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section LS. Lender may return any payment or partial payment if the payment or partial payments are irnsnffcent to bring the Loan current Lender may accept any payment or partial payment insufficient to bring tine Loan current, without waiver of any rights hawnda or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Leads may hold such unapplied funds mail Borrows makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not Wood earlier, such funds will be applied to the oumading principal balance under the Note munediaWy prior to foreclosure. No offset or claim which Borrower might have now or a the future against Leer shall relieve Bwower from reeking paymerst due under the Note and dus Security Instrument or performing the covenants and agreements secured by this Security Instrument L Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments acceded and applied by Lender shall be applied in the following ender of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. H Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delmgnpnt payment and the lento charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in InNl?b: 4%4(PA) (0508) Page 4of 16 Form 3039 1101 OFI965PG2872 258819831 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or hfiiscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. F mda for Escrow Beans. Borrower shall pay iD Lender on die day Periodic Payments are due under the Note, until the Note is paid in full, a stun (the "Rids") to provide for payment of an== due for. (a) taxes and assessments and other items which can attain priority over this Security Imstrnmeant as a lien or encumbrance on the Property; (b) leasehold payments or ground rants on the Property, if any; (c) premiums four any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any stuns payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Etxxow Items.' At origination or at any time during the term of the Loan, Lander may require that Community Association Bras, Fees, and Assessments, if any, be escrowed by Borrows, and such dues, fees and assessments shall be an Escrow Item. Bonewer shall promptly furnish to Laxter all notices of amounts to be paid under this Section. Borrower shalt pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for arty Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to mane such payments and to provide receipts shall for all purposes be deemed to be a covenant and agwrieht contained in this Security Instrument. as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance whit Section 15 and, upon such revocatiori, Borrower shall pay to Lender all Funds, and in such aanonnts, that are then required under this Section 3. Leader may, at any time, collect and hold Punts in an amount (a) sufficient to permit Lender to apply the Funds at die time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the mount of Funds due on the basis of current data and reasonable estima n of acpan wres of future Escrow Items or otherwise in accordance with Applicatbie Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lauder, if Lender is an institution whore deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no low that the time specified under RESPA. Lander shall not charge Borrows for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow hems, unless Leander pays Borrows irptem on the Funds and Applicable Law permits Lender to snake such a charge, Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Fender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writing, however, that interm shall be paid on the i fofpaM: -S(PA) (8ite) Papa s of to Form 3010 1101 BK 1965PG2873 288819831 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower Mall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as deed under RESPA, Lander shall notify Borrower as required by RESPA, and Borrower shall pay to Lander the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums segued by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Llens. Borrower shall pay all taxes, assessntatts, charges. fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rew on the PMpexty, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these ieans are Escrow Items. Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over dus Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Leander, but only so long as Borrower is performing such agreement (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in lenders opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holler of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a liras which can Main priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of tine date on which that notice is given, Borrower shall satisfy the lien or tutee one or more of the actions set forth above in this Sec m 4. Lender may require Borrower to pay a one-time charge for a real eamte tax verification and/or reporting service used by Lender in oonnection with this Loan, S. Property insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be ununtmed in the amounts (including deductible levels) and for the periods that Lander requires. What Lender requires pursuant to the preceding sentences cm change during the term of the Loan. The insurance carrier providing the insurance shall be chow by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may require Borrower to pay, in connection with this Loan, either: (a) a one-tune charge for flood zone detmminadon, certification and trading services: or (b) a one-time charge for flood zone determination and cerdfication services and antbsequent charges each time ranappings or similar changes occur which reasonably might affect such detcrtninalion or certifica110n. Borrower shall also be responsible for the payment of any fees imposed by dw Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 101816: -7 0(PA) tueaat Page 8 or t o Form 3088 1101 OKi 965'PG2874 258819831 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property. against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained ngbt significantly exceed the cat of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Seem* Ynst ument. Thew mounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such pobt=,,shalt include a standard mortgage clause, and shall name Lander as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of toss, Borrower shall give prompt notice to the insurance carrier and Leader. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasfbie and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such insurance proceeds until Lender has had an opportunity m inspect such Property to ensure the work has been compieted to Larder's sausfacdorr, provided that such inspection shall be w dert*m promptly. Lender may disburse proceeds for the repairs and restoration in a single psyment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest, or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligatiorr of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums segued by this Security Instrument, whether or not tier due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower "dons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lander that the insurance carrier has offered to settle a claim, then sender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the mounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under alt insurance policies covering tie Property, insofar as such rob are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Now or this Security Instrumdrt, whether or not then due. lWala• 48" PA) (osos) Page 7 of Is Form 3099 1101 BK 1965PG2875 258819831 4.Oecirpaney. Borrower shall occupy, establish, and use the property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the property as Borrower's principal residence for at least one year after the dace of occupancy, unless Lender odnerww agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to detaiortee or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the Wdng of, the property, Borrower shall be responsible for musing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for tine repairs and restoration in a single payment or in a series of progress payments as the work is completed. If die insurance or condemnation 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 reasonable entries upon and inspections of the property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable coati. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materialy noise, misleading, or inaccurate information or statements to Lender (or failed to provide: Lender with material informatiotn) in connection with the Loan. Maoeaial representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Promotion of Lender's Interest in the Property and Ri&b Under this Security Instrument. If (a) Bomnwer fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in banimrptcy, probate, for condemnation or fotfature, for enforcement of a lien which may attain priority over this Security Instrument or to exnfome laws or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or appropriate to protect Larder's intmest in the Property and rights under this Security instrument; including protecting and/or assessing the vahm of the Property, and sect rmg sndlar repairing the property. LenWs actions can include, but are not limed m: (a) paying any stuns secured by a Bern which has priority over this Security Insaument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument. including its secured position in a batnlnuptcy proceeding. Securing the Property includes, but is not limited 0, entering the Property to make repairs, change locks, replace or board up doers and windows, drain water from pipes, diminaLe building or other code violations or dangerous conditions, and have utilides turned on or off. Although Lender may take action under this Section 9, Lander does not have to do so and is not under any duty or obkgation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. i muraa• 9(PA) (own) Page a or le Form 90911 1101 OK 1965PG2876 258619831 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. item amounts shall bear interest at the Nob rate from the date of disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requesting payment of the tease. if this Security Instrument is on a leasehold, Borrower shall comply with all the provisions If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the mager in writing. 10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance a effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shell pay the premiums required to obtain coverage substantially equivalent to die Mortgage insurance previously in effect, at a cost submadully equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an altertabe mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not avaihft, Borrower shaft continue to pay to Lander the amount of the separately designs ted payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and rain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be ton-refundable, notwithstanding the fact that fire Loan is ultims ely paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separably designated payments toward the premiums for Mortgage Insurance. If Lender required Mort$age Insu range as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Maartgsge Insurance, Borrower shall pay the pam-Wi ns required to maintem Mortgage Insurance in effect, or to provide a nosh .refundable loss reserve, unW Lender's requirement for Mortgage Inarmatue ends in accordance with any written Agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothirng in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Now Mortgage Insurance reimburses Lender (or any entity that purchases the Note:) far certain losses it may incur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance- Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreernonts with other parses that share or modify their risk, or reduce lasses. '!tress agreements are on terms and conditions that are satisfactory to the mortgage insurer and the otber party (or patties) to these agreements. Tbese agreements may require the morttgsge insurer to make payments using arty source of funds that tie mortgage insurer may have available (which may include funds obtained from Mortgage Insurance pmn)- As a result of these agreements, Leader, any purchaser' of the Not, anodw insurer, any remsu rcr, any other amity, or any afflict of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a pardon of Borrower's payments for w1ar gage Insurance. in exchange for sharing or modifying the mortgage insurer's risk, or reducing kmm. If such agreerrau provides that an affiliate of Lender takes a share of the inemm's risk in exchange for a share of the premiums paid to the insurer, the arrangement is oven termed "captive rrinatua nce," Farther: (a) Any 11wh agreements will not affect the amounts drat Borrower has agreed to pay for Mortgage Iamranee, or any oNcer term of tie Loan. Such agreem ou will cot hiaw s Nee amount Burrower will owe for Mortgage inssuranee, and they will not entitle Borrower to any refund. Inftiab: -G(PA) (osae) Poe a o? ?e Form 3039 1101 BKI965PG2877 258819831 (b) Any saeh agree sents wIB we affect Me rights Borrower has - it nay - with ra d to the Mortgage Insurance under the Ha teowners Protectbn Act of 19% or any other law. These rights may include the right to receive earblts disclosures, to request and obtain amallation of the Mortgage Insurance, 10 have the mortgage Inasrance terodanted autnutdcally, antler to receive a refund of any Mortgage Terrance premitense that were unearned at the due of such cancellation or termhrd on. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is mcono uCally feasible and I.orhdcr's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Propaty to ensure the work has been c OmPl tMd o Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lander may pay for the repairs and restoration in a sin& disbursement or in a series of progress payments as floe wort is compleed. 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 im wt of earnings on such Miscellaneous Proooeds. If the restoration or repair is not economically feasA to or Lender's security would be Wanted. the bfiweRIMIC0113 Proceeds shall be applied to the s» ins secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total rafting, destruction, or loss in value of the Property, the Miscdbnx is Proceeds shall be applied to the sums secured by this Security Instrument, whetter or not then due, with the excess, if any, paid to Borrower. In the event of a partial felting, destruction, or loses in value of the Property in which the fair market value of the Property immediately before the partial taking. destruction. or loss in value is equal to or greater than the amohmt of the sums secured by this Security Instrument immediately before the partial tabu*, destruction, or loss in vahte, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the hfim fancous Prooeeds multiplied by the following 8raction: (a) the total amount of the sums secured irmnmdiately before the partial eating, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partied haling. destruction, or loss in value of the Property in which site fair market value of the property immediately before the partial td ag, destruction, or loss in value is less than die amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree it wridng, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not due sums are then due. If the property is abandoned by Borrower, or if, after notice by Lender ID Borrower that due Opposing party (as defined m the neat senotce) offers to mate an award to adit a claim for damages, Borrows fails to respond to Lender within 30 days after the data the notice is given, Lender is motorized to collect and apply the Miacel imeoas Proceeds either to restoration or repair of the Property or o the sums secured by this Security Instrumaht, whether or not that dun "Oppo ing Party" trumps the third party that owes Borrower Miscellaneous 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 or proceeding, whether civil or criminal, is begun that, m Lender's judgment, could result in fmfeittre of the Property or other material impalement of Lender's interest in the Property all rights under this -Security Instrument. Borrower can we such a default and, if scodarstion has occurred, mehooft as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment. precludes forfeiuhre of the Property or other material impairment of 4nIt1aU: -O(PA) (osoa) Page io or is Form 3039 1101 BK 1965PG2878 258819831 Lender's interest in the Property or rights under this Security Instrument. TU proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be pad to bender. of the Property shall be applied All Miscellaneous Proceeds that are not applied to restoration or repair in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lents Not a Waiver. Extension of the am for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in interest of Borrower shall not operate to release she liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand, made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lander in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. Bound. Borrower covenants and 13. Joint and Several Liability; Co-sl?ers; Succeseors and Assigns agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower Security this Security Instrument but does not execute the Notre (a °co-signer"): (a) is co-signing this S ty Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stems secured by this Security Instnrment; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security kat ument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Leer agrees to such rekese in writing. 'nee covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) mid benefit the successors and assigns of Leader. 14. Loan Charges. Leader may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender 's interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall am be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security bnstrument or by Applicable 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 Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any soma already collected from Borrower which a xc=lcd permitted limits will be refunded to Borrower. Lender may choose to make this reiund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the redaction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. In%I?h: "-0(PA) (0508) Pogo 11 at its Form 9079 1101 f rE? I RK t 965PG2879 258819831 15. Notices. All notices given by Borrower or Lander in connection with this Securky Inswmeat must be in writing. Any notice to Borrower in connection with this Security Inaervment shall be deemed to have been given ID Borrower when mailed by first clans mail or when actually de WOWd to Borrower's notice address if sort by other means. Notice to any one Borrower shall constitute notice to ail Borrowers unless Applicable Law expressly requires otherwise. The notice address shell be the Property Address unless Borrower has designated a substitute notice address by notice to Lander. Borrower shall promptly notify Lender of Borrower's claw of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specht'ud procedure. There may be only one desigrhs0ed notice address under this Security Instrument at any one tire. Any notice to Lander shall be given by delivering it or by mailing it by first class trail to Lender's address stated hewn unless Larder has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be darned to have been given to Lender until actually received by Lander. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrummet. 16. Gover ing Law; Severabitlt ; Auks of Com9nictiom This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights sad obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow die parties w agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreanent by contract In the event that any provision or clause of this Security Instrunuat or the Now conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without tie conflicting provision. As used in this Security Instrument: (a) words of the masculine gander shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall meant and include the phral and vice vase; and (c) the word "may" gives sole discretion without any obligation to talcs any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Traashr of the Property or a BeneSdal Interest In Borrower. As used in this Secdori 18, "Interest in tie Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, msiallmaa sales contract or escrow agreement, the intent of which is tie transfer of title by Borrower at a fame date to a purchaser. If all or any part of the Property or my Interest in the Property is sold or transferred (or if Borrower is not a natural parson and a beri efirW interest in Borrower is sold or transferred) without Lender's prior written consent, Leader may require immediate payment in full of all sums secured by this Security Instrument. However, this opition_ shall not be exerdsed by Lander if such exercise is prohibited by Applicab H I.artder exercises this option, Lender shall give Borrower notice of a=deradon. The notice shall provide a period of not less than 30 days from the date the notiaoe is given in accordance with Section 15 within which Borrower most pay all sums secured by this Security Insmmmerr. N Borrower fails to pay these sums prior to tie expiration of this period, Lender may involm any remedies permitted by this Security instrument without furdwr notice or demand on Borrower. 19. Borroweer's Bight to Restate Auer Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Iaatrnmait; (b) such other period as Applicable Law might specify for the m mimdon of Borrower's Instrument. Those conditions are that right to nhnstste: or (c) entry of a judgment enforcing this Security Borrower: (er) pays Leader all soma which dwa would be due under default of any other ?coven or agreements; the Note as all if no acceleration had occurred: (b) cures any Inlleak. 119- 4%-@(P (osos) Papa 12 of 16 Form 3039 1101 -10 RU965PG288.0 258819891 expenses incurred m eaforcing this Security Instrument, including, but not limited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incanted for the purpose of protecting Lender's interest in the property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay to sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such winstatemert sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order. (c) certified creche, bank check, treasurer's check or cashier's chock, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumental* or entity; or (d) Electronic Funds Tmufer. Upon reinsmtement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no =910 ration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 28. Sale of Note; Change of Loan Servioer; No*e of Grkvatux.'lino Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrowm. A sale might result in a change in the entity (known as the "Loan ServbW) that collects Periodic Payments due under the Note and this Security Instrarnent and performs other mortgage loan servleing obligations under the Note, this Security Instrument, ad Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a Bak of the Note. If then is a change of the Loan Servicer, Borrower will be given written notice of the change which will smm the name and addrm of the new Lam Servieer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Notre is sold sad thereafter the Lora is serviced by a Loan Servieer other than the pmhaser of the Note, the mortgage loan servicing obligations to Borrower will mnem with the Loan Sexvicer or be transfennd to a Mroessor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given )n compliance: with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period afar the giving of such notice to take conceder action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be, reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be defined to satisfy the notice and opporamay to take corrective action provisions of this Section 20. 21. Ha>'a 4m Substsuas. As used in this Section 21: (a) Hazardous Substances are those substances defined as toxic or hazardous substances, pollutants, or wastes by Bnvuo mntd Law and the following substances: gasofiM kerosene, other flammable or toxic pet olenm products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means fehderal laws and laws of the jtrisdkdW where the Property is located that relate to health, safety or environmental protection; (c) Taviroamehtal Clessup" includes any response action, remedial action, or removal action, as deemed in Environmental Law; and (d) an 'Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Envkonmenml Cleanup. i Inlllak: S(PA) (0608) Papa 12 of 18 Form 5039 1101 8K! 965PG288I 258619831 Borrower shall not cause of pmmit the presenceh use, disposal, , or release of any )larardous Substances, or threaten to r*m any Hazardous Substances, on or m the . Borrower shay not do, nor allow anyone else to do. anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creams an Environmental Condition, or (c) which, due to the preswcc, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presenm use, or storage on the Property of small quantities of Hazardous Sum that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in conauner products). Borrower sW promptly give mender written notice of (a) any investigation. claim, demand. lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environnennal Condition, including but not limited to, any spilling, kiking, discharge. rakers or threat of release of any Hazardous Substanoe, and (c) any condition cued by the Pr'esence+ use or release of a Hazardous Substance which adversely affects due value of the Property. If Borrower learns, or is notified by any goverrunentd Of rrBulamory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly tale all necessary remedial actions in accordance with Environmental Law. Nothing herein shall cream any obligation on Lender for an Environmental Cleanup. NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Aacderatien; Remedies. Lender shall give notice to Borrower prior to aoedws*s f000wing Borrower's brdhch of any covenant or agreement In this Security Ind ruument (but sot prior to acceleration under Section IS sates AppNoble Law provides odw*r e}. Leader thrall z0ft Borrower of, Moog other things: (a) the de "14 (b) the aclien required to cure the ddissk; (c) when the default must be cured; and (d) that (Wore to care the deltnuk a spacifkd may rank i? accderstion of the sums secured by this Secsrky Imstrument, foreclaare by judicial prom and tab of the Property. Leader shall f wdw inform Borrower of the right to rdneabe after acceinsdou and the r 4M to insert in the f mdosare proceeding, do uou-exbteaw of a defask or any other ddesse of sormw to acceleration and foredwire. the Wank is not awed m specified, Leader at its option may require to nwha payment in hS of an sums se aired byy this Security Ioartmmnt without fbrt6er' demand and may foreebse lids Security Instrmmert by jsdfiaial promft% Lends shati be endded to collect all expenses incurred In pursuing the remedies provatkd in this Section 22, imchsdimj, but eat Mdkd to, attorneys' flea alit cab of title evidence to the ateat permitted by Appikabb Law. 23. Rebase. Upon payment of all sums secured by this Security iutsarumeut, this Security Instrument and the abate cornveye tarnuum and become void. After such ocewnwe. Lander shall discharge and satisfy this Security IIn t. Borrower shall pay any recoixWi o t costs. Lender may charge Borrower a fee for rd asin thus Security butrumeat, but only if the fee is paid to a third party for services rendered and the charging of tlm fee is permuted under Applicable Law. 24. Walvers. Borrower, to the extent permitter by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from amc bment, levy and sale, and homestead otemption. 2S. Reinstateinew PerkxL Borrower's time to reinstate provided in Section 19 shall extend to one hour cared pursuant S to this S=ft bdrument. prior to the cohmme n einent of bidding at asp f' sib d or odwr age Instctuneuis lent to 26. Purrchase Money Mortgage. any by this Borrower to acquire title to rho Property, this Security Inarument shall, be a purchase money mortgage. 21. Iaterat Rate After Judgment. Borrower agrees that the 3f1tum rate PAyAe after a judgment is entered on the Note or in an actiau of mortgage foreclosure shall be the ratan pa*1e, frorn time to time wider the Note. IOWA: 4ft-S(PA) (ounce) Page 14 o? is Form $030 1101 BK'1 965PG2882 258819831 BY SIGNING BELOW, Borrower acecpts and agrM tG the teems and covenants contained in this Security Instrument and in any Rider exm tad by Borrower and recorded with it. Witnesses: ,hJOW4? (Seal) J70 $ • MUMS -Borrower (seal) -Borrower 4ft.S(PA) (nos) - (SCO -Borrower - (SW) -Borrower - (Seal) (SW) -Borrower -Borrower - (Seal) -Borrower page 13 of I$ - (Seal) -Borrower Form 3039 1101 0(.1 965PG2883 258819831 COMMONWEALTH OF PENNSYLVAMA, o.. °~--Xousty s: ~ day of 4 , before me, the On this, the undersigned officer,V. PAR80NS known t me (or satisfactorily proven) to be the person(s) whose name(s) W*e subscribed to the within instrument and acknowledged that ihe/shebey executed the same for the proposes hemn contained, IN WrrMS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: know pubic r '_ ? 2W Tide of oar Cerdwate of Residence Ttt;AMTRA? VRMR I, the correct ad 2929 TX 752o1-1515 witness my hand this A(PA) i0soe) day of , do hereby certify that Again d D l tga`as Pape Is M 19 Initials Form 3080 1101 O{ 196.5PG2884 258819831 ADJUSTABLE RATE/BALLOON RIDER (LIBOR 6 Month Index (As Publlsbed In The Wall Street Journal) - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 25th day of AUWgT 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to NATICUSTAR WRTGAGS LLC F/R/A t ZWZX HQM XQUITY COMANY, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 231 NORTH Ti IOM-SIXTH STLtE1;T CAMP HILL, PA 17011 (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made m the Security Instrument, Borrower and Lender further covenant and We as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.630 % 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 rate I will pay may change on the lot day of SZPTm= ? 2008 and on that day every 6T l month thereafter. Each date on which my interest 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 6 month U.S. dollar-denominated deposits in the London market ("LIBOR"), as publisbed in The Wall Street Journal The most recent Index figure available as of the first Ad?' alable PUMMalloon Rider - LIBOR 6 Moaffi Index CI?40ifI (092205) Page 1 of 3 SK 1965PG2885 L F 258819831 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. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding 1'2118 AND 791/1000 Percentage Point(s) ( 5.791 70) t0 the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. Ile Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date based on the remaining term of the scheduled 40 year amortization period at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.630 % or less than 8.630 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than on An 500/1000 percentage points(s) ( 1.500 %) from the rate of interest I have been paying for the preceding ti months. My interest rate will never be greater than 15.630 %- (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the fast 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. The notice will include hdormmation required by law to be given me and also the telephone number of a person who will answer any questions I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICAL INTEREST ER BORROWER Uniform Covenant 17 of the Security Instrument is ammended to read as follows: Trander of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in fail of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information Cr?$40: U to (0922Ratel l}laon Rider - LIBOR 6 Month Index 2of3 8K I965PG2886 258819831 required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Leader 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 Security Instrument is 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. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises 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. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without firther notice or demand on Borrower. The tam of the loan is 360 months. As a result, you will be required to repay the entire principal balance and any accrued interest then owing 360 months from the date on which the loan is made. The Lender has no obligation to refinance this loan at the end of its term. Therefore, you may be required to repay the loan out of assets you own or you may have to find another Lender willing to refinance the loan. Assuming this Lender or another Lender refinances this loan at maturity, you will probably be charged interest at market rates prevailing at that time and such rates may be higher than the interest rate on this loan. You may also have to pay some or all of the closing costs normally associated with a new mortgage loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate/Bal Rider. 01 (S: ( ) S . V -Bono -Borrower (1) () -Borrower -Borrower (seal) (Sear) -13m ower -Bormwer (SW) () -Borrower -Borrower Cl U3 ( llloon Rider - LIBOR 6 Mouth Iedax p g of 1 QW10 .y:1: 1111A W? ALL THOSE CERTAIN TRACTS OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE BOROUGH OF CAMP HELL IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH TWENTY SIXTY STREET, FORMERLY CALLED BOWMAN AVENUE, AND OLIVE ALLEY; THENCE NORTHWARDLY ALONG THE EAST SIDE OF NORTH TWENTY SMTH STREET FIFTY (50) FEET TO THE CENTER LINE OF LOT NO. 26 IN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE EASTWARDLY ALONG THE CENTER LINE OF LOT NO. 26 ONE HUNDRED FORTY (140) FEET TO THE WESTERN LINE OF KING ALLEY; THENCE SOUTHWARDLY ALONG THE WESTERN LINE OF KIN GALLEY FIFTY (50) FEET TO THE NORTHERN LINE OF OLIVE ALLEY; THENCE WESTWARDLY ALONG THE NORTHER LINE OF OLIVE ALLEY ONE HUNDRED FORTY (140) FEET TO A POINT, THE PLACE OF BEGINNING. BEING THE SAME PROPERTY CONVEYED TO JEANNE S. PARSONS BY DEED FROM GERALD P. VOEGLER AND GEORGIA A. VOEGLER, HUSBAND AND WIFE RECORDED 0627/1991 IN DEED BOOK E35 PAGE 605, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX IDN 01-21-02-71-033 A • A ABITVW= AIR! O TUNOW W ?m 21aHRTST aN?lZ/06 7s:S? cAlLag PA. MHS4W IiAll!!?Ilmmol oll I CerfirV 1i!i5 tC h' In fir, •..-.. , ??,?, _ .? ? .. q 8K t 9.65PG2888 VERIFICATION Scott A. Dietterick, Esquire hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to Scott'A. Dieter PA I.D. #55650 Dated: I a ) ac', 1 C)9 Q E.?r n *Au. oco p D Alit'`/ sod's P,T*- a35 (voa SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Nationstar Mortgage LLC vs. Jeanne S. Parsons FiLELti~J~``rICE °:,;~~;; . ~~F This P~~TFEt;NaTARY 2010 JAN -8 Ate 9~ 04 ry ~~ I~NSYLVANIA Case Number 2009-8905 SHERIFF'S RETURN OF SERVICE 01/05/2010 07:49 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 1949 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeanne S. Parsons, by making known unto herself personally, at 237 North Twenty-Sixth Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 January 06, 2010 SO ANSWERS, ~~~ ~~~,'> O NY R ANDERSON, SHERIFF Sy uty Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Nationstar Mortgage LLC vs. Jeanne S. Parsons Case Number 2009-8905 SHERIFF'S RETURN OF SERVICE 04/06/2010 03:55 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2010 at 1555 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeanne S. Parsons, located at 237 North Twenty-Sixth Street, Camp Hill, Cumberland County, Pennsylvania according to law. 04/28/2010 12:45 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 4/28/10 ai 1245 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeanne S. Parsons, by making known unto, Jeanne S. Parsons, personally, at, 237 North 26th Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same 05/24/2010 Property sale postponed to 9/8/2010. 08/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Scott Dietterick on 8/27/10 SHERIFF COST: $729.47 SO ANSWERS, ~'t _ ~~~ August 30, 2010 RON R ANDERSON, SHERIFF Sa L..L-fin' . ~~~ ~ ~~~~ FILE~~ Y+~'E ~/ ~`K TI• r ;~''~~`~~ 1 ~~~~4~, ~` ~:~rh~rh ~ ,. ., .. CUM :; ~:~ ~J~UN11f PEPd;v~ <i.~`~fti1A ~~ ~ ~ ~~ f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CENTEX HOME EQUITY COMPANY, LLC, Plaintiff, vs. JEANNE S. PARSONS, Defendant. CIVIL DNISION NO.: 09-8905 CNIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Nationstar Mortgage, LLC f/k/a Centex Home Equity Company, LLC, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 237 North Twenty-Sixth Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): JEANNE S. PARSONS 2 3 4. 237 North Twenty-Sixth Street Camp Hill, PA 17011 Name and Address of Defendant(s) in the Judgment: JEANNE S. PARSONS 237 North Twenty-Sixth Street Camp Hill, PA 17011 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: NATIONSTAR MORTGAGE, LLC f/k/a Plaintiff CENTEX HOME EQUITY COMPANY, LLC Name and Address of the last record holder of every mortgage of record: NATIONSTAR MORTGAGE, LLC f/k/a Plaintiff CENTEX HOME EQUITY COMPANY, LLC e 5 6. 7 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Name and Address of every other person who has any record interest in the property and whose interest maybe affected by the sale: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA UNKNOWN SPOUSE OF JEANNE S. PARSONS Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 237 North Twenty-Sixth Street Camp Hill, PA 17011 Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal 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. JAMES, SMITE-I, D~fET1~RICK & CONNELLY LLP DATED: February 9, 2010 BY: S~eftt A. I9i~etfericl~s Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC f/k/a CIVIL DIVISION CENTEX HOME EQUITY : COMPANY, LLC, Plaintiff, vs. JEANNE S. PARSONS, Defendant. NO.: 09-8905 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 JEANNE S. PARSONS 237 North Twenty-Sixth Street Camp Hill, PA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 2, 2010, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 237 North Twenty-Sixth Street Camp Hill, Pennsylvania 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-8905 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Jeanne S. Parsons A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to beheld, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE• 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, D~ETT>~IC)~ & CONNELLY LLP DATED: February 9, 2010 BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THOSE certain tracts or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Northeast corner of the intersection of North Twenty Sixth Street, formerly called Bowman Avenue, and Olive Alley; thence Northwardly along the East side of North Twenty Sixth Street fifty (50) feet to the center line of Lot No. 26 in the hereinafter mentioned plan of lots; thence Eetwardly along the center line of Lot No. 26 one hundred forty (140) feet to the Western line of King Alley; thence Southwardly along the Western line of Kin Galley fifty (50) feet to the Northern line of Olive Alley; thence Westwardly along the Northern line of Olive Alley one hundred forty (140) feet to a point, the place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 237 North Twenty-Sixth Street, Camp Hill, PA 17011. BEING the same premises which Gerald P. Voegler and Georgia A. Voegler, by Deed dated June 27, 1991 and recorded or: June ??, 1991 in and for Cumberland County, in Deed Book Volume E35, Page 605, granted and conveyed unto Jeanne S. Parsons. Tax ID #: 01-21-02-71-033 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8905 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC f/Wa CENTEX HOME EQUITY COMPANY, LLC, Plaintiff (s) From JEANNE S. PARSONS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $219,692.41 L.L. $.50 Interest from 2110!]0 to Date of Sale - $10,532.44 Atty's Comm % Due Prothy $2.00 Atty Paid 5174.00 Other Costs Plaintiff Paid Date; 2!11110 (Seal) David D. Buell, Pr thonotary By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 7l 7-533-3280 Supreme Court ID No. 55650 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 237 North 26th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: _ Real Estate Coordinator y,, `1I ,._i~ .~, :v~ .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .-- sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 ~- ~ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Writ No. 2009-8905 Civil Nationstaz Mortgage LLC vs. Jeanne S. Parsons Atty: Scott A. Dietterick ALL THOSE certain tracts or parcel of ]and and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumber- landand Commonwealth of Pennsyl- vania, more pazticulazly described as follows: BEGINNING at a point in the Northeast corner of the intersection of North Twenty Sixth Street, for- merly called Bowman Avenue, and Olive Alley; thence Northwazdly along the East side of North Twenty Sixth Street fifty (50) feet to the center line of Lot No. 26 in the hereinafter men- tionedplan of lots; thence Eastwardly along the center line of Lot No. 26 one hundred forty (140) feet to the West- ern line of King Alley; thence South- wazdly along the Western line of Kin Galley fifty (50) feet to the Northern line of Olive Alley; thence Westwardly along the Northern line of Olive Al- ley one hundred forty (140) feet to a point, the place of BEGINNING. HAVING thereon erected a dwell- ing house being known and num- bered as 237 North Twenty-Sixth Street, Camp Hill, PA 17011. BEING the same premises which Gerald P. Voegler and Georgia A. Voegler, by Deed dated June 27, 1991 and recorded on June 27, 1991 in and for Cumberland County, in Deed Book Volume E35, Page 605, granted and conveyed unto Jeanne S. Parsons. Tax ID #: 01-21-02-71-033. ,The Patriot-News Co. 2020 Technology Pkwy Suite 30b Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c~he ~latriot News NOw you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 __ 04/23/10 `~ `"' 04/30/10 i ,Sworn to a bscribed before rile thj,>~1 jay of May, 2010 A.D. ,~,,.~,- ,,~ - Not, ry Public \~'~...,, C©MMONW@ALTH pF PENN5YLVANIA Notarial Seal Sherrie L Klsner', Notary publk Lower Paxton Twp., pauphin County MY COmrt>(SSfOn E~(res Nov. 26, 2011 Member, PennsYNanla Association of Notaries Writ tdo. Chrll Term Natlonetar Mortgage LLC Vs. Jeanne S. Parsons Arty: Scott A Dletterlck ALL THOSE certain tracts or parcel of land and premises, situate, lying and being in the Bomugh of Camp Hill in he County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Northeast corner of the intersectton of North Twenty Sixth Street, formerly called Bowman Avenue, and Olive Alley; thence Northwardly along the East side of North Twenty Sixth Street fifty (50) feet to the center line of Lot No. 26 in the hereinafter mentioned plan of lots; thence Eastwardly along the genter line of Lot No. 26 one hundred forty (140) feet to ttie Western line of IUng Alley; thence Southwardly along theWestem line ofICin Galley fifty (50) feetto the Northern line of Olive Alley; thence Westwardly along the Northern line of Olive Alley one hundred forty (140) feet to a point, the place of BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 237 NorthTwenty-Sixth Street, Camp Hill, PA IlOI l BEING the same premises which Gerald P. Vcegler and Georgia A. Vcegler, by Deed dated June 27, 1991 and recorded on June 27, 1991 in and for Cumberland County, in Deed Book Volume E35, Page 605, granted aa1 cceveyed uMO Jeanne S. Parsons. lax ID #: 01,21-02-71.033