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HomeMy WebLinkAbout10-0082r1' 7, "C' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2006-R2, under the Pooling and Servicing Agreement 3 ADA Irvine, California 92618 V. Marlin J. Bitner 340 Kerrsville Road Carlisle, Pennsylvania 17013 and Angie J. Bitner a/k/a Angela Bitner a/k/a Angela J. Wallak 340 Kerrsville Road Carlisle, Pennsylvania 17013 r Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10 - 080 CI Vt t CIVIL ACTION/MORTGAGE FORECLOSURE * qa . 00 Pb ATty ce Sgaa 5 P-? a35T13 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo all partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2006-R2, under the Pooling and Servicing Agreement, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Marlin J. Bitner, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 340 Kerrsville Road, Carlisle, Pennsylvania 17013. 3. The Defendant is Angie J. Bitner a/k/a Angela Bitner a/k/a Angela J. Wallak, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 340 Kerrsville Road, Carlisle, Pennsylvania 17013. 4. On January 18, 2006, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1939, Page 2366. 5. On February 17, 2009, the aforesaid mortgage was thereafter assigned by Citi Residential Lending Inc. as Attorney-in-Fact for Ameriquest Mortgage Company to Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2006-112, under the Pooling and Servicing Agreement, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument # 200904134. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 340 Kerrsville Road, Carlisle, Pennsylvania 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance Interest through November 5, 2009 (Plus $29.49 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Escrow Advance NSF Fees $ 136,259.88 $ 9,271.16 $ 1,250.00 $ 555.24 $ 100.00 $ 1,377.23 $ 40.00 GRAND TOTAL $ 148,853.51 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $148,853.51, together with interest at the rate of $29.49 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: MA,?- Attorneys for 1;f'Iaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for P intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 11-10-'09 14:17 FROM- T-414 P0002/0024 F-119 c?naa Prepared By: FEB 8`1 10 37 Ameriquest Mortgage Company Robin porate Center Drive, #102 Camp 14111, PA 17011 WhO R$Mdsdd Retum -1b: PMWJkVsyDdV 8M0Wx* G St Paul, MN 55117 Parca3( 46-09-0505-071 Prmliscs: 340 Xerrsville Road, carliale, pA 17013 ri. f?i \fA•v??^ I eeA6o?e Thk idhe Au Rec?edll? DNe? ? A- - QS + 1 (a 'L to bl3lr1NMONS MORTGAGE Words used in a Sections Of ft docnma# are defined WOW and other wards are defined in Sections 3, 11, 13, 18, 2? 1. Cwtatu rules regarding tha usage of words used in this document are also provided in Section 16. (A) "Secartly Xtlstraaleet" means this document which is dated J&=Ary 10, 2006 , together with all Riders to this docuntem. (H) "Borrower" is htavlin J Hitner and Angie J Bitner, via Rite B(iff0wer is the mrtg9gor auder this S e4Wtlty Ios6nmrent. (C) "Lender's is Ameriquest etartW qe Coapgmy PMNSY16VANIA-Single Femlty - Fannie MeelFreddle Mae UPff-MM I1109IMUMENT Fero 309 1101 01118/2006 12:31:57 0142873603-5697 AMEPA pm% Pw+arir 1 VMa M-V%-BDiMWO.Ift moo; b r` eta trot ?? OK i 939PG2366 11-20-'09 14:17 FR)M- T-414 F0003/0024 F-119 Lender is a Corporation organized and existing under the laws of Delaware Le d,at's address is 1100 Town and country Road, suite 200 tirna qw, CA 92960 Leader is the mortgagee under this Security Insfmmant. (D) "Note" meatus Red pramissazy not* signed by Borrower and dated January 10 , 2006 The Noes statta that narrower owed LaMar one hundred forty-terra thousand two hundred and 00/1o0 Dollars (U.S. $ 142,200. 00 ) plug bus out. Dorrower has promised to pay this debt in regular Periodic Payments and to pay the debt in dell not lder tban vebruary 1, 209 6 (l;) "Properly" meatus the property that is doata'ibed below unrl rr the heading "Tronstr of Rights in the Proptetty " (F) "Loan" means the debt evidenced by the No* phas intatest, arty propayMx t charges and late charges due under the Note, and all sung due under this Sacpntty lushument, plus interest. (G) "ItidmIl means all Riders to this Security Instrument that are entreated by Harrower. The iifllowing Riders are to be exeMM by Botrower (check box as applicable}: Adjustable Rate hider Condominium Rider d Second Hume Rider Balloon Rider H PI*mavd Unit Development Rider 14 Fandly Rider VA Rider 0 Biweekly Payment Rider El Other(s) [specify] M. "ApplicaMe Law" mews all controtiing applicable federal, stale and local statatos, replations, o tepees and admiuistrativo utter and orders (that have am atlbct of law) as well as an applic*le !#ual, pim " oC mmiAno Does, Fees, and Amsessmeato" means all dpea, fW6 amenments and other charge .%A are hwaed oa Borrower or the Property by a condowhium association, homeowners association or si It es (J) "tetd'v, Ldt Von& ? F ruches any transfer of Amda, other am a tranowdon on Eta by sjwk a>setr, or stmrlat paps inauruateat; wldeh is inttiated throat as electronic a matrinnot, computer, or magneac tape so as to order, hmftct. or authonzo a Rnandoi= Ind ebit at aft* art samunt. Such term Incllaadoa, but is not limited to, poiat-o£-sale trTzlerst anuomaw teller machine transactions, tr xu tors initiated by telephone, wire transfers, and automated clearinghouse tratstas. nHscrow Itenw, moans those #ouns that are od in Sescliea 5. L "Mlseellaaeopa P>tittx?lb" means any c Upon. seAtlemeaat, award of or Iaasoeeds paid by any third party (other than inaurntcs pros pard anise the coverages desaaj'b itr?'Swoon 5) ibr. (i) dome o to or de0urncflon of, the Property; (i) ca»rd afion or other U.Mag of aH or any part of tho PwpaW;/? conc?ovey?ea Hen oy?emnotrorg or (iv) misrepmentations of, or omissions as toy the AMMA our 0142873603-5697 01/18/2006 12:31:57 Rw112d is Fwm 3039 1101 OK 1939PG2367 11-10-'09 14;17 FROM- T-414 P0004/0024 F-119 M "MotfiRage IwMraawl' means famine protecting Lender against the noapsymeat o£ of dMult on, N) "Periodic Pgvn edt" mom the roolfrbr schednlod amount due for (i) prmeipal and intorat ender the fo? 7, ing_(ii)'SUy amounu seder 5ectk-m 3 of 96 Security Tnstntment. ID) f" 1 IiF P,f? MVaakW ilk Red 99 is Settleanam Procedures Act (12 U.S.G. Sew 2M1 at seq-) and its UM e?mmlatta .'' Regal X (24 C F.R Part 3900), as they might ba amatdod !lm time to ti,gg or or saccasur le atioi or rego4t, n that govazna the sconesaet mwsr: As aced in tdis 8 "RESPA" re&tt to an regnirepmenta and restrictions theft are ''r?oaad is reprd to a "fod related mortgage bran" even if she Loan does act quatlFy as a "tbdecally related mortgage loan" wider !'A (P) "So creaser in Interfat of borrower" mean say ply that has taken title to the Property, whether or not party lies named Bmmweds obHgadom sealer thi Note smdlor this Sccurityy loshumo,tt. TRANSFER OF RIGHTS IN ME PROPERTY This Security htatrumM wares to Lender. (i) the repayment of the Loan, and all re newal% wAnsioas and modWcatkas of the Note: sad (5) the peribmtanee of Borrower's covenants and utlteemmu under this Security htstrement and the Note. For this purpose, Borrower does hereby mortgage, Stain and convey to Leader the Mowing d+esoribed p apatty located is the County ('typo ofX-DVft hA49ti0n) of CUMMUM (Nant ot'lboftx t It ewotiua), Legal Description Attached Hereto and Rads a Part Hereof. which currently bas the address of 340 Kerrervilie Road Carlisle ("Pmpeaty Address'): AMSPA (mo) 01/18/2006 12:31:67 (sh-tj tcttyl, Pearn glvaaia 17013 14 C' ds( Pq*3of 1a AYKJVI Fonn 20= fAt 0142873603-5697 BU 939PG23:68 11-10-'09 14:18 FROM- T-414 P0005/0024 F-119 TOGRI'11ER WITH all the ' vemem noav or herodW erected on the pen=, and all cm-ants, apponenances, and 6xturos now orcaft a pact ofthepro??a[ty All r ementa- prod addiom shall also be coopveerered by this Security Instnamea#. All of the owcgouig u rat~emd to in this Security Instalment as the, BURROWER COVENANTS that Borrower is lawtblty soiled of ilia awe hereby aoav sd and bas the right to ma e, ant and convey the and that 1ha Property is nnanm mbmxe except fer encumilymncas of fWAXL Borrower wad a d6% a genaelly 0 b'flo to the Property against on claims and ddetnaads. Wbjcot to aeamb of recozd. THIS SECURITY INSTR obmbincs unarm covermmts for national use lad nom-mtitbma covenants with limited variations by, arkdietion to coesdhnte a uniftm seeurity instrument oove&g real arty, P U NIFORM COVENANTS. Borrow and Lender covenant and ggcae as ?llowa: 1. ! merest of Pda ip Intwes4* Rscr oW Items, mail, -Y arectt C surd Late Charges. Borrower Saw pay ? due the prinowst of, and tatermt on. debt videnced by the Note and any prepttymat chargas and late oharges due under the Note. Borrower tthalt also pay ins for P.adrow Tutu pu mo n to Section 3. Paynpo* due under the Note lad this Socw* In0eumebt than be made, iu U.S. currency. However, if arty check or other btstratneat received by Lads as pttYme+nt tinder the Note or this Security lh+ mmeat is returaod tp !alder ttapaid, Leader may cegWm that lay or all subsequent paymoe b due under the Note and thin InsmMi mot be made in one or more of the followng Furs. as selected by Leader, a) cash; (y) ]pion or; (c) catitied check, book chx treasurer's Wreck or casWa's check provided anyysaoh 20 upop an initltttdon whose demos ate insured by a fbderal agency, mstrumantality, eud4r, (d) lectmwe Fmr49lnmafcr. Payments are deemed received by Lauder when received at the location doai? in the Note or at such other location as may be designated by I pwdar ip accordance with the notice provisions in Section 13. Lender may reWn any payment or partial payment if the payment or partial payntm* are msofficiemt to bring the Loan cif. Lander way scow any pay Wt or patial sett icsaitficicat to bring the Loan cuVent, WWW waiver of any? B hareander or ?ce to its ?to refuse Bach p or partial paymeal3 is the future, bnt Ledtder is not oblige tto a?p1y saoh p that tiro time inch paympay am arc accepted. If each Pen iodio Payment is applied as of its eah file 1 ad dncau Lender need oat intarest vin tee od fGt+dta. Lestder may hold saris mtapplied roods oats wean matca pays eut to bring the Loan c t3enrowes does not dIo so witbrin a reuaonabte podod of e, Leader shall aitbor apply mch finds or return the to Bormwddr. If not applied earrlier, ,itch foods will be loved to tba oatstaa?ng,principat balat>ce nodes the Note isasmeditrtely odor tq foroclosare No a>Ftat pr clamp, which Borrower nvWd have now or in the fatun agaikat Lemdex a6a11 relieve Boaowea Sam pnaltmg payments due under the Note and this Security hisbament or patina 8 the cove nsets and agwoamasts eeae>ro by tht'a Security Instrument. 2. Appiicatde: eef P?y tneltts or Proceeds. Bxoq# as otherwise deed in this Section 2, all payments accepted lad s?ptiext by Leader shalt to applied in the following order of os*: (a) interest due under the Noter, ) due under the Note. (a) amowU doe under eedon 3. nch payments shall be applied to each Pesio' die Paymmt is the order L which it became dq& Any panalking amounts shall be raped *9 to We ehedV% second to any other amounts due under this Socotfty fostcrdmeart and then to ca than prinoipat balacme AD Note. If Leander receives a payment iim Bonorwer for a delhupent Periodic P which includes a setBolegt attmnnd to any cbmim tine, the payment maybe led to the ded payment lard the late cbtage. if more than 006 Perio I' dic as outstuad , I,pnd&mgr apply ally payment received from Borrowei to the repayment of the Porio aPayments W, anflo the extent Il t, each payment can be paid is 1 -b2) AM6PA mu) PW4 Of ie 1 x0f, a Faro 3039 1101 0142873603-6647 0111812006 12:31:67 ?I u ff e6w EX i 939PG2369 11-10-'09 14;18 FROM- T-414 P0006/0024 F-119 fb1L To the event that any aceas exists aft tiro payment is applied to the toll payment of one or more Pesriodic Pay>rttaits, such excess mry bo to sr?q late deer. V applied first to prepayArumt oar ?as dearer-bed m We Nota ohueatury l?roRaym shall be Nate s?haU mttaid of ?04e ' or N?scetlaneaus Precees to ?prmmec* A due under the lm 8e the ameam>? of tiro Periodic Pxyme nts. 3. pitsjds for lttecrul? s. Hotxowes shall ssyy to Linder on Qre dory Perfodie Ps?na* Are due under the Note, tm81 the Nate is paid in San, a sum (tbesp'1'tatda") to ptgr#de tbx Payman of` aa? due par: (a) taxes and aseeaemaenfs and other iteiaa wMeh e3$ai attain aver this Security ha ttuaent as a lies, or eucurnbranee on flue Property;, (b)) Ieatchold Payments or ?$euts on the Property, if any; (.e) premium flue any and OR iuauranoe regwred by Leader under Section 3: and (4) Mortgage lasarance preamams, if arty, or any sums payable by Borrower to Leader in On of the psyrneen of Mortgage Inew%ace m accordanoo with the provisions of Station 10. These itais are called "Becmw Rams." At arigmztion or at any time dun . g the term of the Loan, Lender may require that C3ommanity Association Does, Foes, and Assoasments, if toy, be exrowed by Borrower, and such does, fees and assessments duW be an Escrow Item. Borrower aW promptly fiituish to Leader all notices of amorn#s to be paid under this Section. Borrower shall pay Leader the Fonda for Escrow hem unless Lender wairae Borrower's obb'gat"to pay the Paints for any or all Escrow Items. Lauder may waive ftnowa'a obstiean to pay to et Funds feu any or all Escrow Items at say time. Any such waiver may only be in Ia the even of such waiver, Bonswer shall pay directly, when od where payable, the amounts due for any Fwwow henna for valtich paymal of ponds has been wsiVOd by Lender and, if Lender requires, shall fatmela to Leader receipts evidencing suds payment witbin such time period as Linden' may ragaire. bonovt'er's obligation to main such p"inputs aid to provide receipts shat! fact all purposes be deemed to be a "vest and mweemeat contained in. this Soon ity lnsttumata as the phrase "amen" and sgt+peaaent" is used in $;At 9. If Borrower is obligated to pay F*crow Items daeetlY, purcaant to it wawa, and Borevwer W% to pay the amount due for an Escrow Item, Leader may exams its ragdta tender Rectkmt 9 and pay such amount and Borrower shall then be obligated under Becton 9 to roM to Leader any such amount. Landa may revoke the waiver as to my or all Escrow Items it say time by a notice given in woadance with Section 15 and, upon such revocation, Borrower shall pay to Leader all Ponds, and in such amounts, drat are ihea required under this S action 3. Leader may, at any time, collect and hold Ponds in an amount (a) sufficient to permit Lander to apply the Ponds at 1ho time gmitied under RESPA, and (b) not to eze the maximum Mount a Minder on require under RESPA. Leader shall esb route the amousat of Funds dlte on the bads of current data and reasonable estimates of mgmnditnnes of future BaerolV Items or ofttowise in accordance with Applicablo Law. The Futwds yye shall be hold in, an instkation whose; sits are insuted by a fodanl Leader Lauder is an m motion whose deposits am so fitrsAtvdm Qr entity loan But (Wudkg Lender, if ?Htitn anY e l apply the Funds t0 pay the F,semw itaua no Iota *an the time specified under RBSPA. Leader shall not dm p Botsower for holding and applying the Pnnda, asmnatly anal the escrow account, or vciW ng the Escrow hams, unless Lender pays Borrower interest on the Faada =-Ie Law Permits 1.4mider to create such a chair??aa Unless an ag weemeat is made in writing or App!{cable Law requires inttsm to be paid an the Ftmds, Ltada aliall not be required to pay Borrower any Werest or onAings on the Ptmds. Borr6wer and Leader can agree in writing, however, that interest shall bo AMeP^ 105081 Pauseor,9 Fom, 30*9 1101 0142873603-5697 01118/2006 12:31;57 aopo eras m OK 1939PG2370. 11-10-'09 14;18 FROM- T-414 P0007/0024 E-119 paid on the Funds. Leader shall give to Borrower, without charge, an annual accoamlm; of the ponds as required by RBSM If these is a surplus of Funds held in escrow, as ddkW under RESPA, Lauw shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, u defined under RWA. Leader shall notify Borrower as regained by RBSPA, and Borrower shall pay to Leader the amount am nary to make up the shortage in ace ordaoca with RESPA, but in no more than 12 ssemtbl?y payments- If theca is a da>tlcieaaey of pasts hesld m esscrarrv, as defined under RESPA, Leader shall notify Borrower u required by RL8PA. find Borroweu shall pay to Lander the amount necessary to mate up We detlciszarCy is aecordanae >ruh RESpA, bat in au inure than 12 monthly Payments. Upon Payment is full of null sums aesetucd by thin Security Insptumout. Leader shad promptly refund to eoarowex any Funds held by Leander. 4- Cbrrtga; Y.iens. Bensawer shall pay sU taxes, asse?ttglneata, charges, finer, and impositions ariributable to the Property which Ca?n attsba padatity Duet this SesCUrity Instruntatt, leasehold prymeats or ground rents an floe Property, ifany. anal t?maa?ity Assocbttioaa Daex, Fees, and Astaamataats, if my, To the etxtemt tbakt6ease items are Escrow Items, Bo nower shall pay them $n the manna provided in Section I 13orrow er nbiaU ppttoouNdy discharge nay Hen which has priority over this security Instrument aaless Borrower. (a) "via ha to the pqw4xt of fie obligation secured by the lien in it m? woeRtable to Laule;r, but only w long as M"wtr is such agreemed; (6) Cautests the lien is good fu& by, or defends against c of memennt of the lion =fir proceedings which In Lander's opinion opasde to prevent: the enforcement of the liar while tboae Feceodmgs are pwA* but only until such proceedings no concluded; or (e) secures Rom the holder of the lien so agreeaieffi satirfaetory to Leader mUrdnaading the lions to this Security lnsh=cnt, If lAm4ar deteuniDu nut any part of the property is subject to alien which can attain priority over this Security Instrument, Laaderr may give Borrower a notice We adfyaag the lien. Within 14 days of the date on which that notice is givea, Borrower shale satisfy the lien or take one or more oft* actions act forth above in this Section 4. Leader tray require Borrower to pay a one-time, charge fbr it real ostate tax vacation andtor reep nting service used by Leader in connection with this toned. S. Property Insurance. Hormwo r shall keep the improvements now etdiftg or hereafter erected on the Property insured against loss by tint, hazartids hicluded within the team "extended coverage." and nay alhor hazards inoladaug, but not limited to, enthqu" and floods, for which Leander roq*u insurance. This iasuxaunce shall be maintained in the atrtounts (induding deductible levels) and ibr the periods meat Lowder requires. What Leader requires pursuant to the preceding se ntencoa can change during the terns of the loan. The insurance artier providing the insurance: shall be chosen by Borrower subject to Lcadw% right to disapprove Borrower's choice, which right shall not be &*Cite d unnasono* Lender may require Borrower to pay, in connection with tires Loan. either: (a) a ones-time ohaage for Baud tome dowmination, oerl4cation and tracking services; or (b) it one-time charge for flood zone detannhution and catificsflon services and subsequent charges each time pings or siuW ahKgp occur which reasonably might affeot such domminaden or certification. Donw or aloud also be responsible Ax the pa ma4 of my fns impoicd by the Pederal Emergency Management Agency in connection with the review of any flood zone debunduahon roweling @om an ob action by Borrower. f AMlPA psae} POSP a a as Form M9 1117 0142873603-5697 01/1812006 12;31:57 t BKI 9 3 9 PG.2 371. - 11-10-'09 14.18 FROM- T-414 P0008/0024 F-119 If Borrower fails to FWimtain any of tae ooverages described above, Under may obtain insarauca oovpS e, at Lando s option ad Borrower's expense Lender is under no obli Won to Chaw any p err type or amour of coverage. lhe+retbra, such coverage stall cover t.axler, but mi pot protect Borrower, 13orrowees ty in the I'ropertl? Ptop?gziy, agaiest may t iak. ai li and parov greater or Imor oove??e @t Of the pc+eW?toas y in o#lbct Baaower aclenowl that the *06$g of the coverage ao olttam' od mi?rt sigttc Und r e?eed the cost of insattmuae Bomwer could have o amonnfs disbursed y Loader rodtg thee S t'h1 i? 5 shall became a14idonal debt of Bonuwer sooacod by tfiis 8acwhy hagtmmtont. these aarwurtfa shall bear imt dst at the Note rata from the 49* of disbursement and shall be payable, with mcb, interest, upon notice fiom Leadrtto? rep payment. policies r,.gwnd by Loader and Tcw*ala of such pptIcies " be subject to Leaedds rtm?ra sucheld shall baola}de a stagdrad mol to and shall e Leader as err as an Iasa paryee Letedes shalt have to hold tlee? and reeeeeval c kes. If Lender rcgafres Borrower shall promptly give to Lender all r of acne renewal notion If Eotrower o?ttdpa any f0mi of iasarm 0 cov3 ge, not otherwise ?, for datna a to, or destruction oC the Pmpe , A policy shall include a a ndaM mortgage clause and wale narav Lener as mvrigagee and/or as an wtdtttoaat loss payee. In the twat of loss, Borrower shall ve pmanapt notice to the inmoce carria and Leader. Lends may make proof of doss if not made p>nmpt? by Borrower. Uolow Leader and Bottower otherwise 49ap m ?, any insartauco paoeexds, whcAct or not then underlying iaa5utamee was required by Lauder, shall be app3ted to restoration or repair of the Property, if the reatarWon or repair is econowkwly feasible and Lender`s security is not lessened. ?gnch rq= and imtwratiem ped-jA Leader shdt have the right to hold such tnsadme proceeds =011 has had au opportunity to respect such Pm may to erasure the work has been compiaW -to Leoda's satisfaction, provided that such mapoWon sbbaallLd be undatskm promptly. Leader may disburse Rmoseds For the repots and re toratim in a e P"Mad or in a Wim of pe op = paynimb as the work a ?r Unless an agreemmt is nude wor cable Law eegcukeea sateernst to be paid on sachiaas proc lreaadtr shale aaot_11c rexpsm:d is ianmW or enuingi on recta proceesds. Fees fbr tasters. at other mint patties, rehired manvaer er ed by Borrower shalt not be paid out of the iawranoe pmocads and slxadl c the solo obtigsdim 6f Borower, if tiro restoration or a_ir is sot aoommicaliyy famible or Lender's security would be kssated, the isartmrna pr -.A. ?aU be applied to the am seaweed by fhia SaDWW' Iastriona t, Whether or not than due, with the eame?s, if any, paid to Ho®nowar. Such kmal ice proeeexds shall be to ordor ?tovidod Ibr 3a Sc 2. If Donowor aboudm the Propel. Lards may1ica u and aetge airy av able ba#NtaitCa CWm and rcl&W rpamem If Bomwor done not respaad w#biu 30 C to a ootkm from Lpadcr 69 the mmmm carrier has owed to sage a claim, then Leader may neg?ootla?te and some the claim. MOO 9 begin when the notice is given. In eif r event, or: f 4apeler ac"u the Pmpaty oilder ffocdo*n 22 0 ath arerwise, Borrower hereby to Lender (a)13ortowea's . 00 to any immuuee procceds in an aamolant not to Oweed the amowb vapdi under the Note or this goo" I¦whmamit, and (b) any other of Bonowe es ri is (other than the right to any refund of unearnted peetns paid by goaoy?r) ceder an iorarmCa poeieas covering the 1'mperfy, ipsodar as aoch rigLts are applic able ter the coverage o idle Pmpeaty Leader tray use the imearadtee panceeds cow to repair or restore tree Property or to pay amomu u *aid under the Note or this So m?ity bo:aum Whether or not then doo. 6. t7cceey?eaa 8onorva shall occupy, ambliah, and use the Psoperty as Bomwees ? : residence iviWm 60 days altar the oxocadoh of this Swm* lq eat and tH continue to occupy the Property as »orcowee's principal residence for at least one yeast after the date of occupancy, rodeos Leatder AAWA cosm 0142873603-5697 01/18/2006 12:31:57 PQOY or is FOM 30*9 1101 .f 939PG2372- 11-10-'09 14;18 FPt)M- otherwise arm in w[itiag, whieb consent ckCamatM OS wdstwhich are beyond Hormwc 7. Pnservatlory Malsteaauce and Pm destroy, damage or impair thhe?e allow Wbethcr or not Bomwe r is m the prevent to P_ Copasty from ddaiQnftg or OW t to on 5 am repair or [ n the p" if damaged to avoid hmthor detail paid in correction wah a to, or the taldo T-414 P0009/0024 F-119 not be totasonably withheld. or unless extenuating itroL to of the Property; Inspeedors. Benrower shall not uo to dderim* or commit waste on the Pro rty B? ?rowW stet?! = cow P path in omer i{ in value due Nits condidow Unless it ie det?ed t monomieafty? foaa0rla, Rwroww shall pmmPdy repair it at damage. if messes at madamatioa Beds are a¢ or reatrning the Pmarty o* if Louder has ?aloe be pros, Boforrroeachpa[posae L er wer mP be i--T; to 71 M dfsbgrse_ PWOO& f0[ dm r rs and rWWtadn ba a siU& payment or m. a reties at paymeuts as the work is caweted. If tIm a or aondptsion,procepds see sot eaffieuisnt or rectum the Property. Borrower is not relieved of Sorrowvea obbguawn for the tomVio*m of sorb or testaration Lender or its agaet may mate ram eabie entries epee and mspeetiesas of the PnWorty. If it has reasonable camse, Lau ear may ?aspect the iz*dm of the istrptaovemcmu em due Property. Treader aha11 give Borrower ttotice at the time ofar prior to sash aR ipitmnUoir feergsoctiatt gmftyp'q such reasonable cause. 8.8orrawees 14" Appllcstlex. Bonum dLall be is deli A if, dastng 60 Loss apphla Hoaower or atiy pe'stM or endtim anti g at the dkUtion of Dwowsr err wide Borrower's ation cons" gave msdpridly allse mks Or imc®rcate into?ion or statements to Lmder (err failed to provide Lender with material> ?in commatioh with the Loan. Msteri:l rcpaesaotsations eaclsde, but ? not 'haited to, reptosemtations conceridag Borrower's monpancy of the Prriprrty a Honuwees principal 9. Protedioo of Leader's Interest in the Prep wry sad Rights Under this j_eem* I m h meal If (a) Borrower fans to perform 1hhe ao?venalds aced emm as Oo is this Securtty Inst?om, (b there is a Iegal oceediag that migLt aigui$cantly am. I.enda"s kftwt in ft Property and/or rWO undo this Security hwkwnzd (mob as a praceadfnS in baolaaptsry,_ probate, for aQaacniom iou or fadbitam, for caEotcement of a lion which may attain pdgrridy over thtc Incbronment or to mtmce Im or regulations), or (c) Harrower has abandoned the , tLtm=er may do and pay for whatever is reasonable or spp prlata to protect Lemder's ia= the Propety and undo this Secmi Instrument feelptlWg pmtmt* anWor waessing the a of the Pro*Ay, and seeming anNor qt the Property, dies a fie am molude, but are not In d to; (a) p 'any cunhs:orated err libn has priedty over m Swurity UN*=enl; (b is coact. an (C ?mg reasonable atfomcys' ties t to Protect its ?starter in the Property aad/ot ri nndtsr Setaty tnatrmrp?tt, tnctadiag id seaarod position m a LAnkruptcy proceeding, goo- the tty includes, but is not Iittaitad to, esdemg due repairs, aLahge lacks, replace or board up doors and windows, &min water Sum pipes budeliag or ernes code violations or dmgemxs caadiltiom and have attililies tamed on or off Although La Act rpay take action under this Section 9t Loader does not have to do so and is not under any dour err ohligation to do so. It is agreed that Lender mcurs no liability ibr not taxing any or all actions authorized ender this $pCtienX 9. Airy ataoatets duburs+ed by Leader trader this Section 9 shah! become additional debt of Hotmwer rexl s o Sec uuity Instrument. These amoants sLatl bear interest at the Note rata rim the date of f buramdo t and shall be payable, with such iptcm%. upon notice fiom Lender to Houowo roveating this Security Iuetromestt is sun a ldaehold, Borrower; aLs11 w with all the provisi ms of thus lease. If Borrower acquires fee titter to the Property, the lomehold and the fee title sLal1 not merge unless Lends agrees to the merger its writing. Art6PA pfit* ra goaOf /d FOM 36U IMI 0142873603 - 5697 01/10/2006 12:31:57 E K I 939PG2373 , 11-10-'09 14;18 FROM- T-414 P0010/0024 F-119 10. Mortgage Ittsarance. If Lender required bk hasurmo as a condition of toddag the Loan, Borrower dw11 pay the pa'emiutos rognired to mob oft od;c In wance bt effect. l$ i? astY to 00, the Mortgage Itra?aarMnce coverage rettaiced by Lender sasses o available Don the mortgage iosnrer thsL previously provided such huuf me and Borrower was nqokw to metro separ dasi?aatted paynsmts to obtain covarap toward tie Ouniams for Mortgage hsaaraaca, Barrowrr dtali pay Go psemia?t sabstsaablitlly egaivalrnt to the ortpp Insurance p mou* in offoct, at a cost sa egrivalent to guavy the cost to pormwa of the Mortgage htsamnace previously in ailed, RM on albWAC =x-4 agv inwar Sleeted Lemda. If sabstantiollt egasvaleat Mortgega ranee eovaup is not available, Borrower shall aaatiaae fa pay to Lander *e smoirut of dw d yy designated pttymods that were daa whM *c insurance oovaW ceased to be in effect Lender will use and rataln these paymettts as a don4diandabla lass resolve in lieu of M iasgrt?nce. Sack loss reserve shill to no-refeondable, nofwi?tAa?g the fact that the Loan is n1?yr paid in f A ad Lander AM not be leg *Q to pay l?arrowor any terest or on such loss reaer9e. Lendqr On no I "im IoM 108O W pov%.Cab if meFor M e hlearanCe cover &WV ithe unonat and ibr the period that I.v?tdar regain) patlVidsd by on set by Lender again becomes available, is obtained, and Lander rogattde separately deaipaated ea* toward the premiums for Mortgage Insarmca, If I,cnder regOW tie Insurance ac a ?on of mal®¢ the I ran aaout Bortowd was rognirod to maicel?agw*/ety dear d paymON toward hasarauca Boxm" " Pay do Gloms y 14 to madmtain Mostpr the poavahms for PPP Itasuraace in effvt t, ar fa rovide a non refan duels lour aatve> Audi LdWda iagnimnaaitr Mo:tgaga Inaurancc ands in accordance wtm any writtce sgroemau betwoaa Botrgwer and Leader povtdit anti termination or anti[ termination u mgiked AgNeWe Law. Nothing m this Section 10 affects BD wo's obligation to pay interest at the rate pravia du Note. Mortgage luma roe reimb aca Leader (or any entity that prchasos the Note Vu certain losses it may inter if Boaower does not ft Loan In c d. Boaawer is not a psrty to ON Mortgage Inuaance. Mort$affic h awars ov? their total A%- on 4 such insarsnee is bree flow time to time, and may enter into agreements with other parties?taat share or modify *ck rick, or reduce loam, These no on toms and oondW= tied am sat<et'atscacy to tea mor" inserar and the other part}! (or patties) to thcae sate. Uwe may ragnire the tea MM"? t' to mate us n OW some of XWZMM rite Mortgage Insurer boo Avaiiablo( ?lo may incbWo ft& obtained from Mortgfte Insurance pretpiaaps)). As a carrot of these agreem ads, Lower, any mchaser of the Not%o, another in=W, say tEiltaarRr, Any ) emottat8 fiat derrve oibw entity, or any tdUde of any of tie ftvgoni& may res4ve (diruty or b*OCO ft em (or ;Wi be at) a portion of mowces ppyttuaars for Mortggc msor0.ec, in m the insarrW risk, or reducing losses. if suet eatpmvldes that an ibr kharin or afliate Of Loader Oka a derae iusares'a risk in ofn +e for a dwe of Jhc pvmmu s paid to the insurer, the aaangmeint is ofto termed "oWdve rsiasoraaeek" F rth r; (a) Any sash agrsaaenta will not at7bct Ike aaaaottats out Borrower has wad to pay for Marge Uftrugp or rut der terms of tiro Loan. Sath Or*00e0t0 WW tot Increase the 14111191911t Borrower wi/ ewa ibr Mortgage Itfaran: sw th wo asstesda BMrower to say rdlaad. (b) Arty such agreements will not amid the a 0 Borrow" h;ta - if any - with set to the Mori?ss Iasr+rstsce seder the $oaaeewtrs l'rotaetion Ad of 1SIA6 or Any aRiuer Mw. Tlaase rights RIAy incletde the right to rwala'e enlain dbclMUres, tv "Mat no ohdtltt can on of the HW*W t"Grance, to have the Mormage Isasrauee tersloodw intewaUcAlly, madior to recelve a raft of may Mortgage lasatrance premlams that were ¦seamed at the time of each cane ttleu or terMINAtiou. AMOA pop) wo.ua1a FaM3939 Vol 0142873603-5697 01/18/2006 12:31:57 F{ 1939A2374; 11-10-'09 14,19 FROM- T-414 P0011/0024 F-119 11. Aasi swent of Mlsedlaneoes Proceeds; Forreltmre. Alt Miscellsacous Proceeds are hereby uAgaed to and shall be p? to Leader. If the 1'ropm ty is diuuaged, such Miacellsu}goss Proceeds shall be a?ppplied. toc goradoo or repak of the Propperty, if the restoration or repair is economically feasible Mod Laida'a security is net lessened. Daring sacl? repair and ra toration pawd, Lender shall have tie d& to hold such MWdlaneoas Pmeaeds iZ Lander bas lead sat to h Prnriy pe to msare the work has been completed to l.eada'S aatlAwonf pmvfd? isupectzon shall be undertaken en pnomgtly. Linda may, pay floc the room and re toration err a sdmgle disburseateot or in a omrits of c? pmgrem payments to be wexk o such ?edlM MUS Unless am agretruneutt is made is writing or able Lava regisitgs mtereat to be pstid on sltoh P rocceeds. If the t?SSta Wo or repe6nomiieWly tbsaible or umdoel be lessened, %ill Miscellaneous Prncoods dog be applied to the wets secured by this Secwriy vu$ethor or not they dne, with the utwwp ff any, paid to Holrower. Such Miscelianeons Proceeds shall be applied in the order providai lbr in Sootion 2. In the event of a total bdit& dervocK m, or lass in value of the Pmporty, the MiBcaUaaeous Proceeds shalt be lied to the sums swzW by tbia Seeudty Instrument, whafher or not ifren due, with the excess, if duty, uadl3omaw?er. ?n the avant Of a partial taring, deslructiuay or lass iu value of the Property in which the ft market value of the Prope moma!Wely before the autiat dostsruCtion, or loss in vwkc is equual to or p-wo flea the amount MUM sums secured by ibis Sactsttty?ent immediately befM the parial takp& dest uca or lose in valao, codex Botrawcr and Leader o6orwispMgroe in vnkn& the saws socurod by this See:Tnytrprntcnt shall be reduced by the amount of the MsoaiDaneops Proceeds mn16??lied the flrllowjn on: (a) the total XWU4 of the OM socared inmmdllMWly belbse the towng, destrtrcttan, err loss in vs?Gae divided by (b) the fair piarltet va4ra of the Property ioumedley befora the partisa takis?8, desfrootiott, or lase its vataa. Aux butlMUtce s3ur11 be paid to Borrower. la the event of a paixtialt?1?? deshactwn, or loss in r?MAta of the Prttpatty in which the fair marker value of the Propartyr nnmediafoly betbre thM?pMxdatl tM? desirMSxion, or loss is van is loss than the amount of the noes seu;med immdy b on the pp??a? toting, ticstretirctioit, or lass in vsdae, unless Itormwer sad Leader otbavVifO agree to teriiiu& rho Iti7iscallaweoNS:t Proceeds shall be applied. to the sums secured by tbh Security itast:emmt v?titer or not the awns we tl®i due: If the Property 18 abandoned by Hoavwuur, or if, attar notice by Lender to Burrower that the Party (as det3ned is tits nett sontoace) odes to mate an award to settle a claim for danuegas, HorrOwor to respond tq Lender vnitbia 30 days alter the date the notice is given, Lander is Matiot>aod to collect and y the Muscetlanwas Pmcoods riOw to restoration or repair of the Fmpaly or to die sums scoured by Noux?owarr n elft? Proceeds o ar not then doe. ? Forty" mesa the thud ppatty fiat Owes d to eameous Proceeds party agatast ormwttr has a right of suction In regard to Bggvwcr shall be in dcfwA if suit'y action or who" civic or comical, is thMt in Lwdces judw owt, could result in #brfetinre of tlm =other material Lnpelmtea I of =s Mal t in the Property err ri ffi is under this Seoeriilr Instrument. Borower can cure such a detaplt and, if acceleration has occturedt reinstate asprcurried in Set hou 19, by cws?ag the action or piOCeodhkg to be dismisaod with a nflinx flat, m Lendoi'a 1ndlA?eht, prectades fbrfeitnxe of fha puvperiy or otlKa mstrstial impairment of ees interest in the Property or rights under this SOM 4, Tnskt?errt. The proceeds of any award or claim fbr daQtages flat are sitribatable to the impwraeot of Lender's interest in the Property are hereby sssigfted and shall be paid to Leach. AMaPA MM P". fo yr is FWM 70310 tl01 0142873603-5697 moo, i 01118/2006 12:31:57 s??l I939PG2375, 11-10-'09 14:19 FROM- T-414 P0012/0024 F-119 All Miscellaneous Procceds that are net applied to restoration or teptir of the Proptsty shall be applied is the order provided Air in Section 2. 12. Borrower Not Released; Forbsafaa¢e By Loader Not a Waiver. Pavosim of the time for pa or modification of won oft m sours secured by this Security laatrvmmt by Leader tower or any Sucamsmr in Interest of Bormo shall not opeaado to release the of Borrower or Wred to wmmwcsc proc a8a?st ioany n Sue Successors in Interest lntemBt ormw?er nor, m rofto d7?rtianAOd die fb?r pasymtla2 or o ere aaee)rdaatioa of the sauna secured by this Security hurkumwt by reason of say demand made by due original Ronvwa.or any Successors in Iniprest of Borrower. Any f&bcwww by Lander in worciaiag any rigid or naaw W-Is ins, wid"t Hoc tgtion, Lender's aeeeptanc8 of paymew tkom tbiud persons, 60 W or Successors iin Interest of Borrower or m amounts less thaw the amount then duo, shall not be a waiver of or pseclade the exaraise of any right or remedy. 13. JeW awl Uvord qty; C ws; Succeaaora and Asdpo Bound. Borrower covetumt4 and agrees that Borrower's obligodones and MAMW Obsil be joint and seveaaL However any DonwMea who this Security Ianttlamint but does not exeoate the Note (a "co-sigma"): (a? is co- tbds b askunat curly to grant and convey the w-4er's interest ji thti ? the Mf two Seaarity latttnanced, not pes<aonalty obligated to pay 9re arias aexaaod Sooadty Tearowsm; and (c) asiaos that tt swd nay other Bortnwar ON ag[Fe to extend, modify, isarbar or moire any wwro a odahous wi& regad to the terms of this Security lit or the Nola without the Co-signet's eonseat. Subject to the of Section 19, aay Successor in Interest of Borrower who assumes Borrower's obligations under is qty Wirmucat in writing, and is WCvod by Lender, stud! obtiu A of Borrower's rixhts ad beastits under this Somrily stint mt Borrower shall not be released from Borrower's obligations and liability under this Security huff meat unless Lead rtc agrees to such r&wo is writing The covenants and agrooments of sus Sacmity Tns?nwd shall bind (eorce provided in Section 20) and bonerlit the successors and assigns of Lender. 14. Loan Chagos. Leader may charges Borrower fees fbr services eel is colmaeclioa with Bottowee's defUuit; for the pare of M,*cnng Leader's intaost in the aetd under this 04 lnatraaent, inoludiag? but not lunrted to, eys' f inspection and vais?doa fees. In .wd airy 4tbetr thus, the sacra of express talh y in d* liceeemt to chergo a 18c fee to eoorrowear shall not be cone taeb " a pmhib 'on on the of suolt fed. Lender W*Y not a goes that sae expreedy prohibited by *h Security k sftvmwt or by able Law. I:fthe Loan is sabject to a law which seb mwdm=t loan , and t law is so that the int farest or athar Ioa(n chforg?es Collected or to be coIIectad coanemon with tb?ysainterpreted the pesmittesd inn#a, then (a) nary each tam eheage shall bo reduced by the ainow necessary to reduce the charge t4 the permitgd limit y; and (b) any canes altaady ooilocted from Botrower which exceeded petmifted limits w1A be refanded to Borrower. estder may choose to saalte this terfmld by the principal owed anger the Note or byy muting a dirwe loaf to Borrower. If a refwud teefiaoes pd? dte roduotlon wil! bs treated as a partial?p ayurollt v?any pr charge {whether ar not a Pre ant chsup is ppromvided for under the Note). Ilortawets of any inch refund made by =1 payment to earrower wilt Coaatiarte waiver of right of acdon Hotcowtr might hove afting out of such overrilargc. 15. Notkea. All noficos$ivear 6y ormwer or Larder in camescdo» WM ibis Secusity instrument most be in wntmg. Any notice to 9H0 aower m connection with this Security bnsttu neat WWI be doomed to have to Borrowe's notice beta groan to Borrower wban !nailed by first class mail or whan acua address if seat by other Means. Notice to arty one Borrower shall notice to au Borrowers unless AMaPA (") PRO 11911$ Form 39as Vo9 0142873603-5697 01116/2006 12:31:57 j 09 1 939PG2376 11-10-'09 14:19 FROM- T-414 P0013/0024 F-119 Applicable Law expressly es oftwise, 'she ;notice aftess shall be the Prum Addrosa unless Borrower has designated a subotWate notice address by notice to Lasrder. Borrow shah pmpptly no* Leader of Ron+ow les chop of ate. U Leader 4 pt+oceditre far ttimg'!StWet's 0'! a of address, then Borrower shall aoty report a is o? diov& tb74 ed procadara. These maybe onty on bo gvm by e esignated n addrms andtr 1hie Iastsaaomt at say ope time. Arty notice to Lear shad $ or by siipg it by t'aat +Cltat rn?il to t.eadlx'a a alatsd herein caress Loader has dabiguated am aslxhess by no?? ?o Bonovvrr. Any and in coa?edon wiW Ibis 8ocasity Icoul cwt shtdi r of bo deemed to have beon gtve+a tQ. Larder tletil aoinally recrxtvad by Lender. if any notaca reanired by Bris 3eotuity laatrsmosead ig also n9ahed seder Applicable Law, the Applicable i.snv negairemesrt 16. GoverWag W, varab +; et CataRrudiwt. Tttia $vveot shall be ovemed by fodaal law and the law of are pnnsdon m which We F4apesty rt rfgMs ?1nd oContained na this Security Custrusa nt are subjoet to ary ? of kildfir k Lary. Applicable Law might ealrlieitly or implkidy allow the parties to agroe by contract of it be slant, but such silenco shall not be construed as a prohibition aga{nA agreement by coutsact. in the vVent MAIL b?ooyy provision or clause of this Security, bmtrapkat or the Note contikts with Applicable Law, such conitict shall not estrus other provisions of lids Sot hrstrammt or the Note which can ba given effect without the coaBitting provision. As aaod m this Security bsabcanta?nt: (a wa=ds of tba mpsoaline gaudgr shall mean and ittelade corr??rteotar vgords or wat<,ds of the gwdar; (?) words m Bee >?' ahsll mesa sad lac a the p And vacs votsa: and (c) the wort! "may° tam sore diction vrtihaat my obligation to take any &mom 17. Borrower's Copy, Borrower shall be given ono copy Of the Noto and of this Seas lac raararrt, 18. 'lrmfsr at the Property or a 1k ironer In Berrmw. As used in this Section 18, " I n t r r a s t in Propertq" me= any IeSd or benDint interest in the , i dWiP , but not halted to, salon contract or those bees curl interests traalsfeaad to a bond 8rr 4e44 contract ftm instalback escrow drew d, the intent of widah is the tranafar of We'by BostvWar at a fat urc 440 to a p1whi ter. If alt or any past of the Prop,t?yy or any hrlxveat in Bra Property is sold or h>auEtad (ot' if Bcnrarvar is not a nabsrai par m and a betiefioial iararest in Borrower is sow or trans>?ad) whet Leodds or written consort, Leader may require inamcdWe payment in M of all :aura soctoed by this security lasttamant- However, this option shall not be excictsed by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender aha41Sive Borrower notice of acceleration. The notic shall provide a period of" lees than 30 days Om tho 4W the notice is givaa fan a cotdasac with Section, 1S ;Yi an which Botrowar mast p all am socered by this Security IAatuvtaeatt. If Aorrowaar $92 to p4y those same prior to the expiration of this period, Loader may invoice any rr?as permitted by No, SSoaanty Ins4pmettt without fl ether notice ar dem-ad on Borrower. 19. Borrower's Right to Beinaolh Actor Ac"WWoi- If Bouovr?er meets certain conditions, Borrower MR have the r to bave a tamma d oft a> Secatlty Lit onti nued at any time prior to the earliest of. (a) five Jaya before sale of the Prop suant to my pours of sale comatned in this Security lastrattteut: (b) tack other period sae Applnrmigirt atse?r iha tatminaboa of rrower's right to reinstate; ar c} entry of a add enibecing this S tat. 'Photo eoatlitions B o era Borrower. (a) pays a}1 sonar w?sicfi then would be daa undar? 3.aascty lnarRaas?at and tb+e Nat:ensall es mcmml m artbrcing this Sactuity Iastraaatart, incladlog, best not limited to, rcansblo AMaPA ow) 0142873603-5697 01/18/2006 12:31;57 Poe.,za1e Fam30 9 1101 891'939PG2377 11-10-'09 14;19 FRW- T-414 P0014/0024 F-119 ='.&M prppeaty inspection and valuation fees, and other fees incurred for the parpase of protecting Lder y re t m the and r?Ms coda kids Socofity ? Ind ( takes saCU action as Laden may raastuabiy assays that Leaders iota vet in the pa y and is under this Security p eat; sod Horrower'a obliLS an to pay the secpred by tbit 8 y k uma-K dwi c?pntinne uuc ed. Leader may r Borrower y snob roinstat?oaaaat suma in one of nwro of the fblfowloS ft OW as selected by dw- a) cash; (b) moW order; (c) :== 'w bank check, treasurer's check or eashiices check, any aceh ehociris dtrnwn.u a inudtadon whm ere insured by a fbdgral rgemey, or entity, or (d) mac rows. Ptu& Trusfh: Upon = at ?da? had occctaee& HOWOve die HO o reinstate d"bzo? shall rMe ca o won sad oo Section it =6. Saco of Nato; Cbmr of Lora Servlcerl Nate of G rle•A.cei lu Now or vnferest in the Note (together m#h this S Ittsirument) can be sold an or more times Without pear uOtWe to 8onrower. A:rue > 4W a reaak chance in the eatky (known as tbto "7?ooau 5+atvkra") *U scrims Pat3o#ic P due under the Now and this soma* »ent Ind otter loan aervicntyl o amdar the Notees? flue Secority lnsifom)eat, and Apphcab perr? Law. There *o% be one or more nd?gea of the Loan Sexvtcer unrelated to a tale of the Notes 1f mere i< a chose of a Loan Servic+dr, Borrower will be Oven writtft nodes of thedwa which will shahs the aaato and address of tho astir Loan Seuvicer, the address to which prya rho -k made and other faBst RWon RESPA, requites is connection wifh a naffe;e oft= wdbr of sovwug if the Kota is soi X chef er Ihe Loan is serviexd by a loan Savieer other than the purrbuw of ote, the mortgage loon servieb$ obffSations to am*lpr will remain with the Loan Savicer or be tronatbtted to a successor loan Sarvicer and are not assumed by the Note purchaser vales otheiwiseL provided by elm Nola Neither Borrower nor end may eommencty vin, or be joined to any judicial action (w either an individual Iitigsw or the member of a class) that afim lmra lice -other p aetiaas pun maid to this Security Insh%Wymt ow that alleges that the other party has broached any pro vi 8 K or any duty owed reason of, this Sea dty inatrmmooi, until gush B arowac or Leader has iutWed the other party (w501C notice gevaa in cosepumce with the of Section 15). of such alleged breach and alto the Q*cr hereto a reasonable ed er r fts of such note to take corrective ac?ta. If le Lawn party hereto a time period Which mug sG?e ca tift action can be taken, that time li o be dexenod to be reasounr a Lbr Pox of tbrs parwaph, The notice of aecalcrMioa and oppozpmity to core given to i3otmv?er lrmntoaut to Seofinn ZZ and ltbtie »gtiCa of aC4slaraLion givpa bo Aotrowa Faun to Section 18 shall bit deemed to satisfy the motive and opporhw* to take corrective action proviswmS of this Swfon 20. 21. Usssirdoas 8041trrlees, As used is this 5ecdou 21: (a) "hazardous Substances" are those substances def?ned as toxic or hazardous snbstancea, polhrtaaua, or wastes by Bnvhmmmwtai Law rod tht fbIlowiug substances: ggasolhre; kerosene, other fl m nW6 or tesdes petrule a pvqckc% wxic and herbicides, voladia sotv?s, treataiais comma xW asbestos or fwWdehydet, rgdkwtivo -; (b) "Environmental Law" means federal laws and awa of the twUdiction where m the Pao located that relate to heaW safety or envimamanetttttl ote u; t) ; av unep" inclines may fCRKM t "On, rr action, of removal actionpa, am et to &PAromneadttl Lam and (d) on "ihrvirgasnrofdal Condition" means a condition that can cause, eemtribma to, of ottrerwisa trigger an Buviromuewd aen". Borrower shall not cause or pemdt due presence, use, disposal, atorste, er rdease of my H as Substances, or tbreartesn to release any Haanrdeus Sabstsneas, on or in the l'r WW. Bol:tower"not do, aln* nor allow anyone else to do, snything affecting the Praperty (a) that is is vi6hdou of any Havh mmeaw AM9PA moon) 0142873603-5697 01/18/2006 12:31:57 Poo A Ole Form 3089 1191 I i0oul ??va oo? a e s ?? 891939PG2378 11-10-'09 14:20 FROM- Law, ((b?) which cfaata an FavIron nensat Condition. Hazarzus Substance. creates it condition tbat adverse soutencee shad not apply to the paesen e, uo% or stC Substerices that are y reaogozed to be approl the 14WAW Cy ( drat not IhWrtrA m barisdoos T-414 P0015/0024 F-119 (c vvvhi* due ID ft presence, am, or release of affects the vduo PM preceding e on the Fhu my of sm???gamntiees of Haza'dons eta to normal readegal neon and to maintenance of ash now in oOM Mmer 11 Bonwaor dtrdd I Omtrtly ova Lender W&M no*..e of (4) P*O mviling demseJ lawaoit or atbcr aodon byy nay gavamm+PnAa1 ora?37 11Orm as at y and uy Hazardoeas Sttl>aRn?ca or Eavsettm Lon a acts kaowlodje, (b) say. h3nvirorrmental t?rdiliaA, iaclttding ba?i mot lfonited to, nay & lerdcias, discharge, aeietmo or threat of redesse of any Hezsrdoas Sabstanae, ud (c) arty eonditton amused by the yrorme, use or rclonse of a HawtMons Sabst?tce winch a8vetse2y a@acts fba w?tae of @te Pmpetty. If Bwwwer ie%lt, or is nMiBed by any govermnelatat or regulatory aatboanty, or private psrly that nay rMoval or other Muediation of any liazatrdoas Sobstatuce atfbcting the Property n accessary, Bol[awe rbmil take all accessary ranadial actions in 04 Cdtdsae4 with 13nvh+o d Law. Nglbitng herein ?W? my obligation on Lender for an linvirontweatal CIMU . NON-UN'1 RM COGMA A. 8ocrowiet and Lender Mfhar covaaaat and agree as (Wows: SJ. Acceleration; Rettedies. Lender ahal sire mud= to Borrower odor to aeeelotatios fo8owing Borrower's bromeh of may covenant or ogrooseent In this Severity Imb went (but sot prior to acceleration ender Section 18 unless ??ble Law provides otherwise} Wider shall aotify Borrower 94 meant other thlmgsu (s the ; (b) the action regt?irad to coca the de tarp; (e) when the deft it twat be cared; and (1 Hatt f hre to care the dehtdt u scow array t"A It accalerstios of`the soots secured by tMo Severity 1**vv en4 foredowra by7ditW proaedh$ mad wile of the Property. tAwder shall other inform Borrower of the Mitt to rdwah" w Mcmherihtdon and toe right to assort in the toredMa procoodbg the noo-e3d t rote of a ddwo or any other defense of Borrower to seederatiom and tondosa N the dertttelt la mot cared a sp$dOIW4 Lewder at its option may require Inmweddate payrmemt In 62 of all vewrs neared by 011s Isocaft IwrttvaMert without farther demad and may farrodeae this Bocarity Lmtrowsawt by Judicial Lewder shall be entitled to wNeen an expenses Incurred in pumbig the remndles previdad tMs sun 3S, iwdudhg, but not limited to, attorseyst tea and costs of title ovideaae to the ex"M permitted a Yarn. 23. Rehearse. Upon eat of all attars secured by ft 8ecudty bourne04 this bstram art and the strata afj?d= o mioate and be comevoid. After oneb oeo+nrreaae, Leader shall attd satisFthis Setyu Bavawer aff=rt y rec costs Leodor may charge Boaowar a fat for caleam 6Wramaat, but v is ardadon paid to a third party for servioes rendered and the cUrging 0Fth the foe is pa&Wtted aa?r Applicable Law. 2 afters. Borrower to the extent wed by Applicable Law, waives mod releases any ewor or defects in prwwdingtt b eribrae this Security butraiment. ind hereby wives the benefit of arty present or %ture laws providing for any of B7 watdon, cattension of time, tvwnWon from atlacbment, levy ad sale, and hon,*W MUM*thon. A Reisatateamest Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the comrsceatcoment of biddit+g.at a sher'e sale or other oche to this SaMrily Instmment. 26. Purchmem Money Mortpgo. If xry of the debt seamedthis 3ocurity luttuwcemt is loot to Borrower to acquire title to the Propmty. this eocaority T>datrnnoart mall a prrelwse to mart?aguz. I'1. INarelt Rate After Jv4&wt. Borrower egrets that the intwW rate PAysbl a Jttdgma t is entered an the Note or in an action of mortgage ft=loataa shall be the fate paykIi d3mm tame to time under the. Wota AMePA pm) 0142873603-5697 01/18/2006 12:31:57 e Ppo,a of to Farm 3839 1101 ?00? 0 1714 BKI939AG23'79 11-10-'09 14:20 FROM- T-414 P0016/0024 F-119 BY SICfMG BELOW, Dowower aaceM and agrees to the temps od eovaaants contained in this Security hwftuumt and in any hider execatod by Bonower an4 recorded wilt it. Witnesses: - (Seal) -(Beat) .Homwsr - (seag -%rt*wer (Soal) -Bomwer - (3641) -90EMWW (seal) -$ormwa AMSPA 0600 ay. is of is Fom M9 Val 0111812446 12:31:57 0142873603-5697 1 raw,? eal) M+kY7.?-ri J sr -Bo?m? lingie J t:Jl* HK 1939PG23B-0 11-10-'09 14;20 FROM- COMMONWEALTH OF PENNSYLVANIA C, • n6 /. zJ County so: T-414 P0017/0024 F-119 On this, the r 4S day -of-,- before me, 00y the undemlaned officer, personalty appeared known to me (or aatiafactorily proven) to be the person(s) whose name(s) Istere subscribed to the within Instrument and acknowledged that helsheAhey executed the some for the purposes here!" contained. IN WITNESS WHEREOF, t hereunto set my hand std oMdal seat. My Commission Expires: 5 ; } Y ipMv?r tblrR .Ya?tclCanbr ?t411r1p!?' Certificate of Residence I, />ie,ldl ?.,... DPct r? ?" ? r? ? - Title o Officer , do hereby certify than the correct address of the within-named `M/ortgagee Is i 6 tr mkt, .r .f!t lY.,/,? ?. - $? • ih /- a Witness my hand this ff day of .-, • Qayr ?MOndJYear Agent of Mwggpe 0000014x8736020301$01718 40(MOPA tom) Pw:e a le 4142873643 - 5687 01/1812006 42:31:57 PM B t 939PG23.81 11-10-'09 14;20 FROM- T-414 P0018/0024 F-119 ADJUSTABLE RATE RIDER (LIBOR Sbc-Month+Wex (AS PUbIlWWd in ft Wall Street Journal)" Rate Caps) THIS ADJUSTABLE RATE RIDER is shade this 18th day of January, 2008 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 some date given by the and ned (the 'Borrower" to secure Borrowers Adjustable f ate Note (the "Note') to AmeMoeSt?pa Company ('the "Lender") of the same date and covering the property described in the Saw,% Instrument and located at: 340 Kermille Road, Carlisle, PA 17013 (PrQWty Addreasd THE NOTE CONTAINS PROVISIONS ALLOWING 80R CHANGES IN THE INTEMST RATE AND TM MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE 80RROWNW8 INTEREV 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 in the Security instrument, Borrower and Lender further covenant and agree as foilows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an Initial interest rate of 7.900 %. The Note provides for changes in the Interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Oates The interest rate I will pay May change On the first day of Feftary, 2009 and on that day "evveery? month thereafter, Each date on which my Interest rate oould o?tange Is called a (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 races for six-month U.S, dollar-denominated de Its in the London market ("LIBOR") as published in the Wall Street Journal. The most recent Index figure available as of the date 49 days before each Change Date Is called the "Current Index." If the Index Is no longer available, the Note Holder will choose a new index which is based upon comparable informatbn_ The Note Holder will give me notice of this choice. In10 P72411 ,-. C\ Loan Number, 0142873603 - 6687 14 ?I s,a? ?,, iqa? Papa 1 or 3 011101200612!31;$T PM BK-1 39 92382 11-10-'09 14:20 FROM- T-414 P0019/0024 F-119. (C) Calculation of Changes Before each Change Date, the Note Holier will calculate my new interest nee by adding six and one-quarter pems a points ( 6.230 %) to the Current index. The Note Holder will then round the result of this add ia? 1o the neaMt 000.01ghth of one psroentoge point (0.126%). Subject to the omits stated in Section 4(0) below, this rounded amount will be my new interest rate until the next Change Date. The Nate Holder will then deten-nine the amount of the monthly payment that would be sufficient to repay the unpaid prindpol that I am expected to owe A the Change Data 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. The irr(terDest roto I am required to Changes pay at the first Change date will not be greater than tf.9W.4 or less than 7.900%. Thereafter, my interest rate will never be Incased or decreased on any single Change Date by more than One(1.oou %) from the rate of interest I have been payi thanfor the preceding six months. My Interest rate will never be greater than 13.900)% or teas 7.!304)%. (E) Effective Dote 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 first monthly payment date after the Change Date unui the amount of my monthly payment changes again. F Nodes of Changes The Note Holder will deliver or =0 to me a notice of any changes In m Interest rate and the amount of my monthly payment before the effective date of any e, The notice VAN Include Information inquired by law to be given me and also the title andne 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 Section 18 of the Security Instrument Is amended to read as fbilows; Translbr of the Property or d filermficiai Interest In Borrower. As used In tWo Section 18, "Interest in the Propert" 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, installment sales contract or escrow agreement, the Intent of which Is the transfer of title by Borrower at a future date to a purchaser. In Loan Number. 0142873809 - $697 140?? of" (RW troll Page 2 of 3 01/1812106 42'31;67 PM OK. 19 39PG23.83 11-10-'09 14:20 FROM- T-414 P0020/0024 F-119 If all or any pan of the Property or any Interest In the Property Is solo or transferred (or if Borrower is not a neural person and a beneficial Interest in Bodower Is sold or transferred) without Lenders prior written consent, Lender may require immediate payment In full of all sums secured by this 5ecudty insirument. However, this option shall not be otercised by Lander If such exercise is prohibited by federal Ism Lender also shall not exercise ft option If (a) Borrower Causes to be submitted to Lender Iftmurtion required by Lender to evaluate the Intended transferee as If a new ban were being made to the transferee; and (b) Lender reasonably determines that Lender's soaxtty will rat be impaired by the ban assumption and that the risk of a breach of any covenant or agreement in this Security instnxnent is acceptable to Lender. To the condition to Londers permitted ntto thheloabassuum assumption. n Lder may also require the trafereeee 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 ro0 immediate p ymaent In full, F Lender shah give $omower notice Of aoc?ietation. The nodce serail provide a genial Of not less than 30 days from the date thte rrotiCe is given in accvrciarroe wltlr Ssdbn 18 withrln whidht u or 0 I ZrU= t withiout further notk? ar demand an errrrower. 5e BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained In this Adjustable Rate Rider. 01/ (t3ra!) , (Seal) J?W' en 7n J ner mower r J hn (Seel) (Seal) Borrower Borrower Loan Number: 0142873443 - 5897 Page 3 of 3 01/1912006 11:31:67 PM M03 MV+ U011 X-1-9'39+U2.386 11-10-'09 14:20 FROM- SCHEDULE C LEGAL DESCRIPTION Commitment Number: PA-OS-14826 T-414 P0021/0024 F-119 File Number. PA-08.14628 ALL that certain treat of land situate In West Pwnnsbom Township, Cumberland County, Pennsylvania, bounded and desoribed M accordance with a plan pmpnmd by Larry V. NeWiinger, P.E. R. 8, dated and recorded in the Office of the Recorded of Deeds for Cumberland County in Plan Book 65, Page 130. BEGINNING at a nail In centerlins of Kerrsville Road at comer of Lot No. 7 as shown on plan of record; thence along Lot No. 7, South 71 degrees 11 minutes 19 monde West 432.67 feet to an Iron pin; thence along other lands, of 8teven J. Hamer, North 18 degrees 48 minutes 41 seconds West 176.42 feet to an Iron pin; thence *011 along other lands of Hamer, North 73 degrees 06 minutas 12 seconds East 437.86 feet to a nail In centerline of Kerreville Road; thence along Kermvills Road. South 15 degrees 52 minutes 41 seconds East 148.73 feet to a point; thence still along Kerraville Road, South 18 degrees 48 minutes 41 seconds East 12.27 feet to a point, the Place of BEGINNING. Being the same premises which Steven J. Horner and Patricia M. Horner, his wife, by deed dated 8/i9/1993 and recorded 8120/1983 in Cumberland County in Book M36 on page 91 then granted and conveyed to Marlin J. Bitner and Angie J. Bitner, his wife, in fee. Parcel #: 46-08-0685-071 ygg{e?l51-A1SK2A REFiNAKE "MTOA Lo" t4tmm us Recordings .? ;.itJ t?tt: :.'• be recorded County PA M Re corder of Deeds WFEW,A.RT TI'T'LE Q? ??}} OVwRANtY COMPANY pit ,l ? p? ?'+J 191%, ? a. 8-5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor :r ALED-OFFICE OF THE PPOTHONOTARY 2010 JAN -7 PM 2: 42 1 CUMBt- ("0OiI PENNSYLVANIA Deutsche Bank National Trust Company vs Case Number Marlin J. Bitner 2010-82 SHERIFF'S RETURN OF SERVICE 01/05/2010 05:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marlin J. Bitner, by making known unto himself personally, at 340 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/05/2010 05:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 1735 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Angela J. Bitner a/k/a Angela J. Wallak, by making known unto Marlin J. Bitner, Husband of defendant at 340 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.40 January 06, 2010 SO ANSWERS, ?9 ;7 - 7, Y R ANDERSON, SHERIFF Depu S eriff c) , CountySuite 5hertft, Teleosoft, Iec.