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HomeMy WebLinkAbout04-2912FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 Plaintiff LEE A. WOODALL 21 WEST MULBERRY HILL ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without fisher 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 r/ghts 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. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 94889 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 1N 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 WAlT 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 1N 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, 1F 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. File #: 94889 Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 The name(s) and last known address(es) of the Defendant(s) are: LEE A. WOODALL 21 WEST MULBERRY HILL ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/24/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1760, Page 486. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 94889 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 06/23/2004 (Per Diem $42.37) Attorney's Fees Cumulative [,ate Charges 05/24/2002 to 06/23/2004 Cost of Suit and Title Search Subtotal $220,947.62 6,101.28 1,225.00 598.80 $ 550.00 229,422.70 Escrow Credit 0.00 Deficit 2,745.10 Subtotal $ 2,745.10 TOTAL $ 232,167.80 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of HomeownePs Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Permsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 232,167.80, together with interest from 06/23/2004 at the rote of $42.37 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERI~ ~A~_D. PHE~N, ~L/~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 94889 'i ~hen recorded ma~l toe ~BN ~4RO MO~G~ GRIP; P,O. BOX 50~4 T~Y, H~l~ 48084 .- [Slmce Almve This Line For Recoiling Data] ""' -' MORTGAGE DEFINrl'fONS ~ Word~ usedin mUlgplc secfionsofthisdocument aredeflnedbelow and ocher words a~ defined in Sectio~ 3, I1, 13, 18, 20 aad 21. Certaia rides regarding the usage of words used in thls document ate aim provided in Section 16. (A) "Security wnstrument" means this docume~ which is dated l~y 24, 2002, together with all Riders to tl~ document (B) "Borrower" is LEE &. t~}ODAL, L, & M~M~IED l~dio Borrowcr is thc g~ottgagor under this Sccurity Instrument (C) "Lender" is ~ .Mfl~O #01LTGAG~ OROUP, XNC. organized and existing u~ter thc laws Lcader'sa~is 2600 vt, BIG PAUDRRD PAUDEDL 0109 LOAlf f, 624076549 (D) "Note"mcansth~promissorynotc~il~lcdbyBorrowcranddatcd y,A! 24, 2002. ~No~~~n~r *~O ~ ~ ~ ~ ~ ~O/~00 ****************************************************** $225,000.00 ) pl~ intc~ ~ ~ pm~ to ~ ~ d~t in ~ P~c ~en~ ~ to ~ ~ d~t in ~ ~ l~ ~'~ 1, 2032. ~) "P~" m~ ~ pm~ ~t is ~ ~ ~cr ~c ~ng "T~r ~ ~gh~ in ~c p~." ~ "~" m~ ~ ~t ~ ~ ~e No~, pl~ in~ ~y p~ ~s ~d l~e c~ d~ (G) "~de~" ~ ~ ~ to ~s ~ [~ ~t ~ cx~t~ ~ ~o~r. ~ foll~ ~ to ~ ~ ~ ~ [c~ ~x ~ appli~lc]: ~ Adj~le ~ ~dcr ~~ ~ ~ S~nd Ho~ ~der ~ B~n ~ ~P~ U~t ~op~t ~der* ~ ~(s) ~ 1~ F~y ~der ~Bi~y Payment ~der iH) "Applicable Law" means all controlling applicablc federal, statc and local stm'utcs, regulations, ordinances and adminisUafive rules and orders (that have the e~fect of law) as well as ~li applicable fin~l~ non-appealable judicial opinions. (1) "Community Assm:iatlon Dues, Feez, and Assessments" means aH duez, fe~, assessments and oth~ char§cs that arc ir.sposed on Borrov,~' or thc Propcn'y by a condominium association, homeowners association or similar organization. (J) "Elect roalc;!~mds Transfer ' ' means any mmsfer offunds, other than a L, ansaciion odgi~ated by check, draft, or similar papcr ir, smuncnt, which is initiated through an clcclronic tcrminal, telephonic instrument, computer, or magn~ic tape so as to ordcr, instruct, or amhorizc a financialinstitution ~o dcbit or credit an account Such term includes, but is no', limited to, point-of-sale uansfcts, automated teller machinc transactiods, transfers initiated by telephone, wire t~n~ecrs, and auwmatcd clearinghouse transfers. (IQ "Escrow lt~ms" means those items that are described in Section 3. (L) "Miscellam~o~s Proceeds" means any compensation, scttlemem, award of damages, or proceeds paid by any third party (0thel' than insurance proceeds paid under thc coverage~ descn'bed in Section 5) for: (1) damage to, or dcsmwfion of, thc Property; (i0 condemnation or other taking of all or any pan of the Propcn'y; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of thc Property. (M) "Mortgage Insurance" means msurancc protecting Lcndcr against the nonpaymcnt of, or default on, the Loa~. ~ "Periodic Payment" mcans flic regularly scheduled amount duc for (i) principal and intcrcst under &c No~, plus (ii) any amounts under Section 3 of this Security Insmuncnt. (O) "RESPA." means thc Real Estate Settlement Procedures Act (I 2 U.S.C. §2601 et seq.) and its implcmcaling regulation, Regulation X (24 C.F.R~ Part 3500), as ihey might be amended from time to time, or any additional or successor legisla~_'on or rcg,~,!~;ion that governs thc same subject matter. As uscd in ~his Sccuriiy lnsUument, "RESPA" refers~io all requirements and restrictions thai are imposed in regard to a "federally related mortgage loan cvenffth~Ix~andoeznotqualif,/asa fedcrally~clatedmonga~eloan under RESPA. ]' Initials, 4~ PEN N SY LVANIA-~°~.~gie F~m~l¥-Fmmle Mae/F~ddie ~ UNIFORM INSTRUMENT Form 3039 1/01 ~ PRe 2 of ~[5 pALrDEDL 1 760 0. 8 7 ~ Js 624076549 (p) , ,SuccffMr in Interest of Borrower" means any party that has takcfliitle to thc Property, whetl~r or not that party has assum~ Borrower's obllf~Jons under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THB PROPBRTY This Secority Instrument secures to Lcndcr: (i) the repayment of thc Lo~ and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower do~ hcreby mor~age, grant and convey to Lender the following described property located/n the COIJ~TX [T~ ofRo~i~ Sm~i,~/oo] of 8~E LEGAL DESCRIpTIOI~ ATTACHSD HEll. TO RND NADE A pART HE.OF. which currently has IBc address of 21 (s~r~l [C~l ~1~ 17013 ("P~ ~ss"): ~, ~d~ ~ ~ a ~ of~p~. ~ ~p~m~n~ ~ ~fio~ ~ ~M~ ~ 8e~l~nt. ~lof~ fo~g~ ~m~ ~~~ "~." BOdOni to mo~, ~ w~ ~ ~ ~ ~t ~ ~ h ~ ~ for ~ ~ ~& ~r~ m ~ ~bm~ of ~. ~ SBC~ s~l ~y when d~ ~d ~c~ ~r~N~c. ~s~l ~y~r ~I~ ~t to~an 3. P~n~ ~ ~ N~ ~ ~ ~F I~t s~ ~ ~e ~U.S. ~. H~. M~ ~ or ~ i~ont ~' ro~ ~ t~t P~e 3 of 15 PA~EDL I760:PGON88 Z~%tl* #: 62,10765t9 Lender may require that any or all subscq~nt payments doe under the Note and this Security L~ffument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order', (c) certified check, bank 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, insmunentality, or entity;, or (d) Elec/runic Funds Transfer. Paymen~ are. deemed received by Lender when received at the location desi~ated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15~ Lender may return any payment or par tial payment if the payment or partial payments ere insufficient tobring tbe Loan current I.~nder may accept any payment or partial payment insufficient W bring the Loan current, without waiwr of any rights bereand_er or prejudice to its fights to refuse such payment or partial payments in the foto~, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled d~ date, then Lender n~:d not pay interest on unapplied funds. Lender may hold such unapplied funds tmlil Borro?,~' ma~:es payment to bdng ill, LOan Current. ~ does no/do se within a reasonable period of time, Lender shall either apply such funds or ~ them to Borrower. ffnot appli~l earlier, such funds will be applied to the outstandi~ principal balance under tbe Note immediately prior to foreclosure. No otfset or claim which Borrower l]light h,q~o now of in th~ filtRre ~..~nin~ Leader ~hal[ relievo Borro'~' from making payments due under the Note and this Security Instrument or performing the enve,anlx and agrcemen~ secured by tiffs Security Instalment. 2. Applienfiun of Payments or Prneeeda..t/xcept as otbeneise described in this ,~ction 2, aH p/~meats accepted and applied by Lender shall be applied in the following order ofprierity: (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 remnlnlng amounts shall be applied first to hte charges, second to any other amounts due under this S~endty lnstrun~nt, and then to reduce the principal balance of the Note. If Lender receivas a paymem from Bonower for a delinquent Periodic Payment which includes a sufficient amount to pay any hte charge due, thc payment may be applied to the delinquent payment and the late charge. If more than one Pcrindic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the pertodic Payments if, and to the extent that, each payment can be patd in fuli. To the extent that any exce~ exists,~fler the payment is applied to thc full payment of one or more Periodic Payments, such execs may be applied te~any late charges due. Vol,,nfaty prepayments shall be applied first to any prepayment charges and than as desesjbed in the Note. Any applicalion of payments, insurance pr/x:ceds, or lvliscellaneuus Proceeds to principal due under the Note shall not extend er postpone the due date, or change the amount, of the Periodic Payments. ;k l~unds far Escrow Items. Borrower ~hal! pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) ~axes and assessments and other items which can at/ain priority over this Security Instrument as a lien or encumbrance on the Prepa~ty; Co) leasehold payments or ground rents on the Property, ff any; (c) premi,,m~ for any and all inmran~ required by Lender under Seoti~ n 5 ; an~i ( d ) Mortgage in~rence p reminms~ if any~ ~r any sums payab~e by Borr ~wer to Lender in lieu of the payment oflviertgage insuran~ premiums in accordance with the provisions of Section 10. Tbe~ items am called "F.~row Items." At origination or at any time during the term of thc Loan, Lender may requ/re that Community Ansoeialion Dt~, Fe~, and Assessments, if any, be escrowed by Borrower, and such dnes, fees and ~ts shaH be an Escrow Item. Borrower shah promptly furnish to Lender all notices of amounts to be paid under.this Section. Borrower shall pay Lender the Funds for Escrow Items.unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to paytoLellderFund-~foranyorallEscrowltemsatanyfime. Any sueh waiver may only be in writing. In ~e .ev~t PENNSYI.¥ANIA~in~c Fam~-Fmmle Iris/Freddie Ma~ UNIFORM INSTRUMF, NT Form ~0~ ~/ot ;' Page 4 of 15 PAUDEDL ' 1760P 0 89 ~ J: 624076549 of such waiver, Borrower SI~Lll pay directly, when and where payablc~ thc amount~ duc for any Escrow Items for which payment of F,,nd~ has bee~ waived by I.~ldor alld, if Lgl~er l~[Rires, ~l~ll f~h to Lender receipts evidencing such pa~ent within such time period as Lender may require. Borrower's obligation to mske such payment~ and to provide n:ceipts ~h~ll ~or all pm'pos~ b~ ck~med to be a covenant and agreemem combined in this Security Instnmxent, as the phrase ' 'covenant and agreement" is used in Section 9. If Borrower is obligated to pay ~ Items directly, pursuam to a waiver, and Borrower fails to pay the amount due for an E~crow llem, ~r may exercise its fights under Section 9 and pay such amount and Borrower ghaH then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any tim~ by a notice giv~ in accordance with Section 15 and, upon such r~vocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required trader this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the Qme specified under RESPA, and Co) not to ex~ed the maximum amotmt a lender can require under RE~FA. Lender sh~tl estimate the amount of Funds due on tho basis of current data and reasonable e~imnf~ ofexp~ditul~ of futu~ Escrow Items or othexwise in accordance with Applicable Law. The Funds ~ be held in an institution whose deposits are insured by a federal agency, ir.~mment~li~y, or entity (including Lender, ffLend~ is an institution who~ deposits are so insured) or in any Federal Home Loan Bank. Lender sh~! apply the Funds to pay the Escrow Items no later than thc time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually ~n~lyzing the escrow accoum, or verifying the Escrow Items, unless Lender poys Borrower interest on the Funds and Applicable Law permit~ Lender to make such a char§e~ Unless a~ agreement is made in writing or Applicable Law requires interest to b~ paid on the Funds, Lender shall not ~ required to pay Borrower any interest or canfing~ on tl~ Funds. Borrower and L~nder can agree i~ writJn~ howe'er, that imcrest shall ~ paid on the Funds. I~nder shall give to Borrower, withom char§o, an armual accounth~ of the Fuads as zequired by RESPA. If there is a smplu~ of Funds held in e~crow, as defined under RESPA~ Lender shall account to Borrower for the exce~ funds in accordance with RESPA. ff there is a shortage of F~md~ held in escrow, as'defined unc~r RESP A, Lender shall notify Borrower as requir~ by RESPA, and Borrower shall 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 i~ a deficiency of Funds held i~-escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay t~ Lender the amount necessazy to m:~k¢ Up the deficiency in accordance with RESPA, but in no more ~h~n 12 monthly payments. Upon payment in full ofatl sums secured by this Security Instrument, Lender shall prompQy re, md to Borrower any Funds held by Lemier. 4. Charges; Lien~. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can ~,~iu priority over this Security Insuument, leasehold payments or ground z~ts on the Property, ffany, o~d Comm~mity Association Dues, Fees, and Asse~smcnt~ if any. To the extent that the~e items arc Escrow Items~_ Borrower :zhnll pay them itl the m~nnor provided i~ ~Gtion 3. Ben,wet sl~ p~mptly di~harge any lien which has priority over this Security LnsUument unle~s Borrower: (a) agrees in writi:~g to the payment of the obligalion secured by the lien in a nmnner acceptable to Lender, but only so long as Borrower is pefforz~ing such agreement; Co) contests tho lien in good faith by, or defends enforcement oftl~ lien in~ legal proceedings which in Lender's opinion operate to prevent the enforcement of the li~n while those i~'oceedings are pending, but only until such proceedings are concluded~ or (c) secores fi'om the holder of the lien an ag~emcm sa~i~ctozy to Lender subordinating the lien to this Security Instrument. IfLende~ detezmin~ that a~ pa~ of the Property is subject to a lien which caa at, in priority ov~r this Seouity Insmmx~nt, Pa~e$ of 15 PAUD~DL Z,QA2i It 62,10765~,~ Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which tha notic~ is given, Borrower shall satisfy the lien or take one or more of the actions sel forth above in this Section 4. Lemter may require Ik,~·uv~r to paya one-time charge for a real estate ~x v~rificafien nnd/or reportingsezvicc 5. Property Ineurance, Bonower shall keep th~ improvements now existing or horeafter cree~d on the PrOl~r~insuredl,~in~t lees by fire, hnT~,vls inoluded within tl~ term "ex*~.mded ~.' ' ~d ~y~ ~n~ including, but not !imit~l to, gal~lUakes and floods, for which l.~n~r requires insuranee. This insurance shall be maintained in the amounts (including deductible lev~is) and for the periods that Lender roquires. Wha~ Lender requires pursuant to the preceding sentences can change during the term of the Lea~ The insurance cartier providing the in~wanee shall be chosen by Borrower subject to Lender's right to ,ti~p .~ Borrower's choice, which right shall rot be exercised mueosnoably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, ce~ifica~ien and Wacking s~rices; or fo) a one-time charge for flood ~ determ~atien and certification services and subsequent charges each lime remappings or similor changes ccenr which reasonably might eff~ such determination or certification. Borrower shall also be responsible for the paym~m of any fees impased by the Federal Emergenoy M, n~gement Agency in connection with the review of uny~lood zone determinn~ion resulting f~om an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurailce coverage, at Lender's optio.ffand Bon'ower' s expense. Lender is under no obligation to purchase any particelar type or amount of cov~ag¢. Therefore, ~ cev~mge ~h~ll Cover Lollder, I~t miglit or might mit equity in the ProPerty, or the conle, nts of the Prol~ty, a~in~t any risk, hazard or liability and migl~ provide greater or tesser coverage thnn was pr~wionsly in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly ~ tl~ cost of insuran~ that Borrower ~onld haw obtained. Any amounts disbursed by Lender under this ~tion 5 shall become additional debt of Borrower secured by this Security Instrur~nt. These amounts shall t~ar interest at tho Note rate from ti~ date of disbursement and shall be payable, with such interest, upon nolice from Lender to Borrower requesting paymenL All insurance policies required by Lender and renewals of such policies shali be subject to Lender's right to disapprove such policies, shall include a s~ualard mortgage clause, and shall name Lender as mortgagee and/or as an addilienal ~oss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Bo~row~' shall promptly give to Lender all receipts of paid pr~minms and renewal notices. If Borrower o&~in~ any form~ofi~oranee covelllge, not otherwise required by Lender, for d~m~e to, or destm~on of~ the Property, such lx~icy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an ndditierlal loss ~. In the event ~loss, Borrower shall give prompt notice to the insurance corrier and Lender. Lender may make .proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance pruce~, whether or not the underly~n_g insurance was required by Lender, slndl be applied restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and ~storation period, Lender shall have the rigl~ to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure lite work has been completed to Lender's satisfa~ion, provided that such inspection shall be und~xl~en promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an ng~ment is made in willing or Applicable Law requh'es interest to be paid on such insuranoe proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public ndjusters, or other third l~ties, ~ained by Borrower shail not be paid out of the insurance proceeds and shall be~ ~ole I'ENN~ffLVANIA--~i~ F~ily--Fmmle Mme/Fre~l~ ~ UNIFORM Form ~39 1/01 Page 6 of 1~ PAUDEDL 1760PG0t 91' ~ t~r 624076549 obligalion of Borrower. If the restoration or r~l~air is not economically feasible or Le~der's security vmnld be lessened, the insurance proceeds shah be applied to the sums secured by this Security Insmtment, whether or not then due, with the excess, if any, paid to Borrower. Such insorance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and selge any availablc insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance canter ~ offered to settle a claim, then Lender may negoUate and settle the claim. The 30-day period will begin when the nolice is give~. In either event, or if Lender acquires the Propen'y under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower' s tights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note 6r this Security lnsmunont, and (b) any other of Borrower's tights (other than the tight to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, iasofar ns such tights are applicable to the coverage of the Property. Lender may use the insurance proceeds eitber to repair or restore the Property or to pay amounts unpaid under the Note or this Security Insmunent, whether or not then due. within 60 days ai~r the execution of this Sectu-ity Instrument and shah continue to occupy the Property as Borrower's pti~pal residence for at least one year aRer lhe date of necapancy, unlees Lender otbenvise agrees in writing, which consent shah not be unreasonably withheld, or unless exten~mtlng circumstances exis~ which are beyond Borrower's control. 7. Preservation, Maintenance and Protnetion of the Property; Inspections. Borrower shall not desUoy, damage or impair the Propen'y, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Botivw~ shall maintain the Property in order to prevem the Prepe~y fi'om 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 shah promptly repair the Properly if damaged to avoid ftmher deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the tn~ ng of, the Property, Borrower shall be responsible for i~paiting or restoring the Property only if Lender bas released proceeds for such proposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, ff the insurance or condemnation proceeds are not sufficient to repakor restore the Property, Borrower is not relieved of Borrower's obligation for the completion of ·ach repair or restoration. Lender or its egent may mnl:e reasonable entries upon and inspections oftbe Property. If it bas reasonable cause, Lender may inspect the intorior ofthe improvements on the Property. Lender shall give Borrower nogce at the lime of or prior to such an interior inspection specifying such reasonable cause. 8, Borrower's Loan Application. Borrower shah be in default if, during the Loan application process, Borrower or any parsons or emities acting at the uirection of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Lea~ Material representations include, but are not limited to, 9. Proteotion of Lender's Interest in the praperty and Rights Under this Security instrument, if (a) Borrower fails to perform the covenants and agreements cootnin~l in this Security Insttume~ (b) there is a legal proceeding that might sJ~ificanfly affect Lender's interest in the Property and/or rigl].ts ~a_~ this Security Instrunumt (such as a prueneaingin bnnlcmptoy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain ptiotity over tiffs Security lastmment or to enforce laws or regulations), or (c) Borrower bas PENNSYLVANIA-.~io~o F~mily F.,..b Mae/F~ddie M~ UNIFORM ii~5TRUMENT TII].f;~L&~.~ t ~]~ ~om, ~039 1/0~ Page 7 of 1~ BNI760PGOq92 PA~EDL Z,OJUI f~ 62,~0765,19 abandoned the Property, then Lender may do and pay fo~ whatever is reasonable o~ appropriat~ to protect Lender's interest in the Property and fights under this Security lnsmu~ent, including protect/nE and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's nctions can include, but nrc not limited to: (a) paying any sums sc~--ed by a lien which l~ pdofity over this Security Inswame~ (b) appeafi~ in ~ ~ (~:) paying reason, able attorneys' f~es to profit its interest in the Fiol,efiy and/or fights ander this Security Instrument, including its secunxl position in a b~nt'mptcy procoeding. Securing tho Prope~ includes, but is not limited to, ent~-ring the Prope~ to make repahs, ~hnnge loc, ks, rephce or board up doors and win~, ~ ~ from pipes, elhninatebuilding or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take ncfion ,nde~ this Sect/on 9, Lender does not have to do so and is not nnder any duty or oblignlion to do so. It Ls agreed that Lender incurs no liability for not tnk/ng any or all acfio~ a~ ~ this Section 9. Any amounts disbursed by Lender under this. Section 9 shall become additional debt of Borrower secured by this Security Instntment. These amounts shall bear interest at the Note rate from the date ofdishusement and shall be payable, wi~h such interest, upon notice from Lender to Bonower requesting payment. If this Sa~-ity Insmunent is on a leasehold, Borrower shrill comply with all tho provisions of tho leaso. If Borrower acquires fee title to the Property, tl~ leasehold and the fee title shall not ~ge ~ ~ a~ m the merger in wr/t/ng. 10. Mortgage Insurance. If Lender required Mortgago Insurance as a condition of mnkin~ the Loan, BO~/OWer ehnll pay the Dl'~lJtlms reqHJfod to lnaJotnin tho ]V[olt.~age ~/11 effect, If, for any foasolL Lbo Mortgage Insurance coverage requh'ed by Lender ceases t/) be available from the mortgage insurer that previously provided such in,trance and Borrower was required to make separately designated payments toward the premiums for Mortgage ~, Bonow~ shallpay tho pmniun~ n:qu/m/to ob~in coverage substantially oquivalont to the Mortgage In~-ance previously in effect, at a wst substantially equivalent ~o the cos~ to Borrower ofthe Mortgage Insurance pr~do~sly in effect, from an alternate mortgage insurer solid, ecl by Lender. If substantially equivalent Mortgage Insurance coverage is not ava/lable, Borrower ~hnll continue to pay to Lender the amount of the separately de, signated payments that wore due when the insurance ooverage ce-~l to bo in effect ~ ~ a~ ~ ~d retain these paym,~nts as a non-refundable loss rese~ in lieu of Mortgage Insurance. Such loss reserve shall be non-refandable, notwithstanding the fact that the Loan is uJtlmntely paid in full, and Lender shah not be required to pay Borrower aay interest or earn/rigs on such loss resen, e. Lender can no longer require loss reserve payments if Mortgage Insu:~ance 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 requites separately designated payments toward the pretrd-m,~ for Mortgage Insurance. If Lender roquired Motq~gag~ Insurance as a conc[/t/on of ranking the Lean and Borrower was required to m~ke separately desisted payments toward the premiums for Mortgage Insurance. Borrower shall pay the prem/ums required to maintain Mortgage Insurance in effect, or to provide a non- zefundable loss resa~o, until Lenclor's requh'ement for Mon~o-.ge Insurance ends in accordance with any written agreement between Borrower and Lende~ providing for such termination or until termination is required by Applicable Law. Nothingin this Section 10 affects Borrower's obligation to pay interest at the rate provided in Note. Mortgage Inourance reimburses Lender (or any entity that purchases th~ Note) for certain los.~s it may incur /f Borrower does'not repay the Loan as agn~l. B0rtower is not a party to the Mortgage Insurance. Mortgage ins~ers evaluate 1heir totnl risk on aH such insurance in force from time to time, and may enter into agreemvnts with ~ parties that sharo or mod/fy their risk, or roduce losses. These agreements ar~ on torres and conditions that n~ satidactoO, to the mortgage insurer and the other party (or parties) to lhese agreemen,~. ~ _~ ln~tialss PE NN~L¥~r I~-~le Family-Fannie Mne/~reddle Mac UNIFORM IN~fRUM~NT l~o~.m 3o39 t/oi ,~ Page 8 of 1~ I t( I 7 6.0 PI]3 LOA~ #~ 624076549 8g~nents mayrequircthemort~8cin~urcr to~e~en~y~ ~ ~ ~1c (w~ch ~ i~c ~ ~ ~m ~o~gc ~ p~). ~, or uy ~ ~ ~ ~go~ ~ r~ (~ or ~i~y) ~o~ ~ c~ :~) ~ ~on of ~'s ~n~ for ~o~gc ~ m~8 ~ mo~c i~'s ~ or ~81~. ~ ~h ~ ~ ~ a ~ ~c ~'s ~ ~c~ for a ~ ~p~ ~dto ~ i~, ~ ~ ~ o~ ~ "~ ~." F~r: (a) ~y ~ a~m~ ~ n~ ~ ~e m~nB that ~wer h~ a~ ~ pay for Mo~ ~ or ~y ~er ~s ~the ~ Su~ a~ wm not inc~ t~ m~nt ~r~wer ~1 owe for Mo~ ~, ~d ~ w~ ~ ~e ~ ~ ny ~fun~ ~) ~y tach ~U ~11 n~ ~ ~e fi~ts Bo~er h~- g ~y- with ~t ~ ~ ~e ~uder~e Hom~~on ~1~ or ~y otherlaw. ~ ~ ~ ~n ~ M ~qu~ nd ob~n ~on ~ Mo~ga~ br~ To have p~um that we~ ~e~ ~ the time of n~ ~afion or Mmhatio~ 11. ~s~l~d~. W ~c ~o~ is d~m~g~ ~ah ~ ~ ~1 ~ ~pli~ to ~o~on oF ~r ~o ~o~, ~ ~on or ~r ~ ~ly ~blc ~d ~'s ~ ~ not 1~. op~ ~ ~ ~h ~ to ~ ~ work ~ ~ ~1~ to ~r's s~h ~on ~11 ~ ~ p~fly. ~r ~y ~y ~r ~e ~ ~ ~o~on ~ a sin~ ~or ~a~ ~~ ~ ~ ~ U~s~a~ ~ or A~fi~lo ~ ~ ~ to ~ ~d on ~h ~ ~ ~ ~hall not ~ ~ to ~y ~ ~y ~ oF ~ on ~oh ~ ~. ~ ~on or ~r is ~t ~no~y f~lo or ~'s ~d ~ 1~, ~o ~1~ P~s s~ ~ ~s ~ ~ w~ or n~ ~ ~ ~ ~ oxy, ~, ~d to ~r. S~h ~1~ ~ s~ ~ ~H~ ~ ~ or~ p~d~ for ~ ~on 2. ~ ~ ~a~ ~o~ or 1~ ~o~ w~h~~ ~ ~~ r~n~ ~o~ orl~b~ or~~ ~ Pm~ ~ ~o~ ~c ~ ~ ~o~ or loss in v~ ~ ~ in ~ ~ ~ P~s s~l ~ ~pli~ ~ ~ ~ ~ PRNN~V~e ~ly-~ M~a~ ~ ~I~0~ ~R~T Fo~ ~9 ~l Pa~ 9 ~ 1~ PA~L 1760P 0 9 ~ It 624076549 If thc Propcr~y is abandoned by Bo~owcr, or If, after notice by Lender to Borrower that thc Opposing Party (as defined in the next sentence) offers to m~ke an award to settle a chim for damagas, Borrower fl~iis to respoud to Lender within 30 days niter the date the notice is ~ Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or ~p~ir of the Property or to the sums secured by this Security Instrmnent, whether or not then due. "Opposing Party" means the third pan~y that owe~ Borrower Miscellaneous Proceeds or the party a~htst whom Borrower has a right of action in regard to Miscellaneous Proceeds. BolTOWer sh~ll b~ in d~anlt If any aCdon or ptom~ng, whefi~r civil or oriminsl~ is bogml t~ in Lorsl~'s judgmem, could z~ult in fodeitore of the Property or other material impairment of Lender' s interest in the Propoly or r/~,ht~under this SecufityInsmunent. Borrower cancore such a default aud, ifaceeleration has eccun~d, reinstate as provided in Se~inn 19, by causing the action or proceeding to be dismissed with a pding that. in Lender's judgment, preclu ~d~s fon~eitore of the Property or other m~!erial impainnont of Lender's interest in the Property or rights under this ~c~:cority lastrumenL Thc preccede of any award or claim for damnges thnt ore attributahie to the imL~lin~ent of Le~dor's interest in the Property a~ heL~oy assigned and shall be paid to Lender. All Misceilafieons Proceeds that a~e not applied to restoration or repair of the Properly shall be applied in the order provided for in Section 2. 12. Borrower Not Relensed; Forbearance By Lender No~ n Weiver. Extensien of tho time for payment or modification of amortization of the sums secured by this Security InsmJment ~ranted by LefLder to Bon'ower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Intere~ ofBarrower. Len~r shall no, be required to commence proceedings ~iust any Successor in Interest of Barrower or to refu.~ to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand ~m~0e by the original Borrower or any Successors in interest of Borrower. Any for~aranco by Lender in exercising any right or remedy including, without limitation, Lender's aceqxance of p~yments fi~om third persons, entities or SuccessorS in Interest of Borrower or in amounts less than the amount then due, shall Rot be a waiver of or preclude the exercise of auy fight or remedy. 13. Joint und Several Liability; Co~i~ner~; Successors and Assigns Bound. Borrower covenants and agrees tha~ Borrower's obligations and liability shall be joint ami several. However, any Bo~uwer who co-signs this Security Instrument but does not execute the Note (a "co-sider"): (a) is co-si~ning this Security Instrument only to mortgage, ~rant and convey the cosigner's interest in the ProperLy under the terms of this Security Instrument; (b) is ~ot persenally obligated to pay the sums secured by this Secmity Insmmlent; and (c) a~es that Lender and any o~her Borrower can agree to extend, modify, fodxmr or make any aceommodntioas wlth regard to the 8~ms of this ,~urity In~xlunent or the Note without the cosigner's consent. Subject to tb~ provisions of Section 18, any Successor in Luterest of Borrower who assumes Borrower's obligations unde~'~his Security Instrument in w~iting, end is approved by Lender, shall obtain all of Borrower's rights and benefit~ under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this ~m~ity Instrument unless Lender agTees to such release in writing. The covenar~ and agreements of ~ Security InstnJment shall bind (except as provided in Section 20 ) and benefit the successors and assi~s of Le~te~ 14. Lmm Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the pmlx~ of protecting Lender's interest in the ProDerty and rights under this Security Instrument, including, but not limited tn, attorlley~ ' f~es, propcl~'y ilL~0e~ion aP, d vahlatiozl f~c~s. In regard te ally Other the abcence of express authori~in this Secmity ~ent to charge a specific fee to Borrower ~h~ll uo~ be construed as a prohibition on the charging of such f~e. Lender may not charge fees that are expressly prohibited by this Security Insmanent or by Applieshie Law. Form ~0~9 1/~1 Page ~.O of 1~ PAUDEDL ffth~ L~m is sob jest to a law which sete maximum loan cimrges, and that law i~ ~n~H~ i~ ~ ~ ~ int~st or other loan chargns colle~d or to be coilo~xl in ~oun~fiou with tbe ~an ~txed the permitted limits, ti~n: (a) any soch loan charge shall be reduced by thc antoant necessa~ to reduce tha charge to the permitted ~ and fo) any sums ~lready collected from Borrower which exceeded permitted limits will be refunded to Bon'ower. Lend~ may choo~ to m~kc this refundby reducing th~ pl~Clpnlowed under thel~o~oor ~ ~n~ a~ ~ to Borrower. If a refund reduc~ prineipal, thc reduction will be treated as a partinl pr~..nt without any prepaymout charge (whether or not a prepayment charge is provided for under the Note). Borrower's aoceptance of any such refun~l made by direct payment to Borrower will constitute a waiver of any right of action Bon~wer mi~ht have ads~.g out of such overcharge. 15. Nutice~ All nofic~ given by Borrower or Lender in connection with this Security Instmmout must be in writing. Ally n0tico to Borrower in cofinection with this Security Instr,me.~lt shall be deemed to have been given to Borrower whe~ mailed by first ClaSS m~i! Or when actually delivered to Borrower's notice nddress ffsent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has deggnated a substitute notice addref, s by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a proc~.ore for reporting Borrower's change of address, thou Borrower simH only report a C. hnnge of address through that specified procedure. There may be only one designated notice eddre~ under this Security Instrumout at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender' s address stated herein unless Lender has desi~on~ted another nddress by notice to Borrower. Any notice in connectiouwith this Security Instmmout shall not be deemed to havebeou g/yen to Lender until actuallyrecoived 16. Governing Law; Severablllty; Rule~ of Construction. This Security Instrument shall be governed by fedend law and t~ law of the jurisdiction in which thc Property is located. All fights and obligations contained in this Security Instnanout are subject to any requirements and limitations of Applicable Law. Applicable Law might e~plicitly or implicitly allow the partle~ to agree by contract or it might be silent, but such silence shall not be construed ns a prohibition a~onln ~t aglnemeut by contract In the event that any provision or clause of this Security Instxumcut or thc Note conflicts with Applicable Law, such conflict shall not affect other pwvisians of this Security Instrument or th~Note which can be given effect without the conflicting provision. As used in this Security lnstmmeut: (a) words oftha masculine gender shall mean and include corresponding neutor words or words of the femlnino gendei,;, (b) words in the singelar shall mean and inolude the plmal alld vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the No~ and of this Security Instrument lg. Transfer of the Properly or a Beneficial Interest in Borrower. As used in this Section 18, "interest in thc Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transfen'ed in a bond for deed, contract for deed, inslalhnent sale~ contract or escrow agreement, the intent of which is the Uansfer of title by Bon~wer at a future date to a purchaser. flail or any part of the Propezly or any Interea in tbe Property is sold or transferred (or if Borrower is ant a natural person and a beneficial inteaest in Borrower is sold or transfen-cd) without Louder's prior written consmt, Lender may require immediate payment in full of all sums secured by this Security Instn~out. However, this option shah not be oxe~;sed by Louder if such exercise ~s prohibited by Applicable Law. If Lender exe~ciso~ this option, Lender shall give Borrower notice of acceleration. The notice shah provide a period of nut less t~an 3 0 days f~ om the date the notice is gix;en in acco rdance with Section 15 within which 13o rrower PENNSYLVANIA-~mgle Fsmily-Fsm~e Mse/Fred~le Mse UN/FORM INSTRUMENT Fom~ 3o39 wi Page 11 of 15 PAUDEDL [t1(I 760PG0/ 96 Z,OA,]l tz 62~0765,19 must payall sums securedby this Secmity ln.smuneat. If Borrower fails to pay these sums pzior to the expiration of this period, Lender may invoke any remedie~ permitted by this Security Instrument without further no~ic~ or ~er~nd on Borrower. 19o BorrowePs Rip, hi to Reinstate After Acceleration. IfBon'ower meels ce~ain conditions, Borrower ~hnl! have the right to have enforcement of this Sccuriiy lnsmunent discoagnued at any ~ prior to ihe earliest of: (a) iivc days beforc sale of thc Propen~y pursuant lo any power of sale conlaincd in this Securiiy Insmunc~; ~) such other period as Applicable Law might specify for thc lea'minnfi0n of Bonower's fight to reinstate; or (¢) enUy of a judgme~ cnforcing this Sccuriiy In.stmmem. Those conditions arc thai Borrower: (a) pays Lcndcr all sums which then woul~ be d~ under this Securily Instrument and the Note as if no acceleration had occurred; (b) cures any default of a~ly other covenants or agreements; (c) pays all expenses incuned in enforcing this Security htstrumcn~ including, but not limited to, reasonable atlomeys' fce~, propen'y inspection and valuation fees, and other fees incurrcd for thc purpose of proleciing Lender's interesl in the Property and fights under this 5ccurily Insmmmu;, and (el) takes such aciion as Lender may ~mably require to ass~c that I.~lcr's ime~st in the ~ ~fthe following forms, asselectedbyLender: (a) cash; fo) moneyord~;, (c) certified che~, bank check, W~,rer's check or cashier's check, .~ovlgcd any such check is drawn upon an instilufion whose deposits are insured by a ~ ag~, and obli~L,'ahons secul~ he~ skill remain fully eff~tiv~ as if no accelerafioll had oc~azl~d. ~r, ~ fi~ ~ 20. SsleofNote; Chan~eofLosnServicer;, Noticeof Grievsuce. Th~ Note or a partial imer~t in the lqot¢ (together wih~this $~ufily Inatrumen0 canb~ sold one or mor~ timeswithout prior notic~ to~ A ~e~ result in a change, in the ~nlity (known as the' 'Loan Sezvicer' ') that collects Petdodic Payments due under tb.e Note and this Security l_ustmment and performs other morigage loan sezvicing obligations unde~ tl~ Note, this Secmity Insmune~ and Applicable Law. There also might be one or mor~ change~ of the Loan Servicer unrelated to a sale of the Note. If the~ is a chad~ of the Loan Servioer, Bon'ower will be given written notice of the change which other infonuation RESPA requLrcs in connection with a notice of transfer of servicing. If the Note is sold and thereafier the Loa~n is serviced by a Loan S~,vicer other than th~ pmchaser of the Note, the mortgage loan ~ obligations to Borrower will r~main wilh the Loan Servicer or be tr~_n~fcrrcd to a succ~sor Loan Sc~icer ~ are not assttmed by the Note l~rchas~r unless otherwise provided by the Note purchaser. Neither Borrower nor Lender rnny commence, join, or be joined to any judicial action (as either an individual litignnt or the member of a class) that arises from the other pony's actions pm'suant to this So~ority Instnunent or that aHcge~ that Ihe o~her 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 in compliance with the requirem~ts ~f Section 15) of such alleged b~ach and afforded the other party hereto a reasonable period ~ · -e giving of such n, otice to take con. tire action. If Applicable Law provid~ a time ~ w~ ~ ~ ~o~ certain action can.be take, n, that ~m~ tz~ri0d will be &~--med to be r~asonable for ~ of this pa~awaph. The notice ofaccelerat~pn and opportunity to cure given to Bon'ower pursuant to Section 22 and the notice ofa~celerafion given to Borr~. pursuant to Section 18 ~hn~ be deemed to sa~ the notice and oppoxtunity to take corrective action provisions.of this Seciion 20. ~1. Hazardous Substane. e~ As used in this. Section 21: (a) "l-ln~'~rdous Substances" are those substances deft ned as toxic or b a~,dous substances, pollutants, or wastes by Environmental Lawand the following s~: PENNSYLVANIA--,ingle Fm~ily-Famfle Mie~l~ldle MAc UNIFORM INSTRUMRNT " Form ~ VOl Page 12 of 1S PAUDEDL ,1760PG.0 97 ~ te 6'24076549 gasoline, kcroscn% other flammable or toxic petroleum products, toxic pesticides and hefoicides, vohtile sol~nIs, materials Collt~inltlg asbi~tos or fOllpaldehyde, arid radioactive illalcriais; ('o) "EllviroRflle,atal Law" mealls federal laws and laws of the jurisdiction where the Property is located that relate to health, saf~y or environmental protection; (c) "Enviromnenlal Cleanup" in¢lude~ any response action, ~ action, or removal ac(ion, as defined in Environmental Law;, and (d) an "Environmental Condition" means a condilion that can cause, conm'bute to, or otherwise trigger an Environmental Cl~nup. Borrower shall not cause or permit thepr~mc~ use, disposal, storag~ or release of any H*~*ni0~s Substances, or threaten to re. leas~ any H*~'~rd0us Substances, on or in tho Property. Borrower shall n~ do, nor allow anyone else ~ do, anything airecting the Property (a) that is in violation of any Eaviroam~ntal Law, Co) which creates aa Environmmtal Condition, or (c) which, due to the presence, use, or release ofa Ha_2*ntous S~, creates a condition ~lmt aclveraely affects the value of the Property. The preceding two sentences ~h~*ll not apply to the presence, use, or ~orage on the Property ofsm~! quantities ofH*2ardous Substance~ th~ ore generally recopied to be appropriate to normal residential uses and to maintenance of the Propen'y (i~ch,aing, but not limited to, Borrower slu~ll promptly give Le~der written notice of(a) any investigation, claim, demand, lawsuit or other actioa by any govemmemal or mgulatmy age~6y or private p,my i~volvi~g the Proper~y and any H*~ntous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Enviromueatal Condition, i~cluding but not ~'~ited to, aay spilling, leaking, dischar~, release or threat of release ofa~ Hn2ardous Sllbstanco, a~l (c) any condition caused by tho presence, uso or release of a Hazardous Substance which adversely affects tho value of the Prolx'~'y. If Borrower learns, or is notified by any govemm~tal or regulatmy authority, or any private pa~y, that any r~noval or other remediafloa of any Hazardous Subs~n~ affecli~ the Propmy is ~ecessa~y, herein shall create a~y obligation on Le~der for an Environmental Cleanup. NON-~RM COVENANTS. Borrower and Lender further covenam and agree as follows: 22. ~tioa; _P~m~die~ Lmder ~udl give~otice toBorrowerprior to ~ccelermioufollowi~g~er's bre.~h of a~y ~ov~mm or ~reemmt i~ ~ Se~rity lmimmeat (bm uot prior to ~celen~tioa usder Sectloa 1~ u~l~ss Applicable Law pn~ides othenvise), Leader slmll notifyBorrower og, amoag ~er ~ (a) the default; (b) the ~ciion required to cure ~e deficit; (¢) whes the d~ault must be tared; Ired (d) that fallm'e to o~re the default as specirml may remit in acceleration of the sums secu~d by rids Securlty lnstru~ f~ ~ judicial proceeding and aale of thePropet~ty. Lender shah further lnfoml Borrowexdthe ~t ~ ~ ~ acc~eratiou and the right to assert inth¢ foredomre proceedingthe~ ora default or any~h~ ~ of Borrower to aecderathi and foreclmure. If the default is not mrcd as specffied, Lcnder at its option m~ require imnu~tlia~ payment hi full of all mini ~cured by 1hh Security Instrument without furlher demand and may foreclose th~:Sectrity ]his~tmeut by judic~ prm~edluff. Lender ~ be entitled Io collect all exptnscs incurred hi pur~jng the remedies prm~ided in thh ~ction ~, inchding, Imf not limited to, attom~, ~ ~ coMs of tltle evidence to the exteat permitted by Appl~tble Law, 23. Relea~ ~pon paymmzt of all sums se~-Nmxl by tlfi~ Security Instmmmtt, this Security ~nstrmnem and th~ estate coRvv~ed ~ teJ~in~tc and bec~ome void. After such occurrence, L~nder shall discharge and satisfy th~ Se,~uity In~t,]~ I~ower ~ pay any recordation cost~. Lcndc~ may ~har~ Bormwr~ a fcc for rcleash~ this Security Instalment, but only if t~ fee i~ l~id to a th/rd party for.~rvices rendered and th~ ~b~ of ~ f~ ~ permitted tmd~r ~pplicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, watves and felea~e~ any error o~ defects i~ proceed~ to cnforcc this Security Instrum~t, and hcre~ wdive~ the ~nefit of any preset oz fu~rc, l~ws Znlt4als: ~ PENNSYLYANIA-~h~gI~ Fanfily--irarmle ~ Mae UNIFORM I~STRUMENT Form ~91/0~ Page 13 of iS PAUDEDL Folmt ~J l/OX Plig~ 14 of 15 PAUDEDL ~i760PG.0~99 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 59, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 1999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerl~ corner of Lot Noo 77; thence along said Lot, South 62 degrees O1 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50-foot right-of-way); thence along said right-of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing Qf South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25.00 feet, and an arc distance ~f 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-~ay, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of 75.32 feet, a radius of~225.00 feet, and an arc distance of 75.68 feet to an iron pin, being the place of BEGINNING. CONT~NING 0.564 acre. BEING THE SAME PREMISES which Mark Sheely Builder, Inc., by deed to b~ recorded simultaneously herewith in the Cumberland County Recorder of Deeds Office to grant and convey unto Lee A. Woodall. PREMISES BEING: 21 WEST MULBERRY HILL ROAD. VERIFICATION Katrina Dupuy hereby states that she is LOAN ADMINISTRATION OFFICER of ABN- AIVIRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to tmsworn falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2004-02912 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABNAMRO MORTGAGE GROUP INC VS WOODALL LEE A REGULAR GEP~ALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WOODALL LEE A DEFENDANT , at 1955:00 HOURS, at 21 WEST MULBERRY HILL ROAD CARLISLE, PA 17013 LEE A WOODALL a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 8th day of July , 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this /~' day of  , J~¥ A.D. ~l~rothonotary · ~ So Answers: R. Thomas Kline 07/09/2004 FEDERMAN & PHELA_N Deputy Sheriff FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. Court of Common Pleas CUMBERLAND County No. 04-2912 CIVIL TERM LEE A. WOODALL Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WrFHOUT PREJUDICE ~ AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff