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Home My WebLink About10-4541 t "I .'fir "~~~ .., 2 G i a~ .. ~ _ -- ~ ~ ~ ~, 1~5 {, 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 Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, California 92127 V. Ryan M. Eisenhour 903 Bridge Street New Cumberland, Pennsylvania 17070 and Stephanie L. Houck 903 Bridge Street New Cumberland, Pennsylvania 17070 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number L./ (,f I ~~ ~/~ /I L`lr CIVIL ACTION/MORTGAGE FORECLOSURE 3 y~.d~ ~d `~~ cr~.~ ~i a ~ y b 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 ifyou 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. [F YOU DO NOT FIAVF. A LAWYER, GO TO OR TELEPHONE THE OFFICE SF.T FORTH BELOW. TH[S OFFICF. CAN PROVIDE YOIJ WI"I~H 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) digs de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone 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 notification. 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 [NMEDIATAMENTE. SIUSTED 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 Chase Home Finance LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Ryan M. Eisenhour, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 903 Bridge Street, New Cumberland, Pennsylvania 17070. 3. The Defendant is Stephanie L. Houck, who is the mortgagor and real owner ofthe mortgaged property hereinafter described, and her last-known address is 903 Bridge Street, New Cumberland, Pennsylvania 17070. 4. On May 24, 2007, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for M&T Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1993, Page 4355. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for M&T Bank to Chase Home Finance LLC, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 903 Bridge Street, New Cumberland, Pennsylvania 17070. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2010 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 $ 97,539.94 Interest through July 2, 2010 $ 3,661.33 (Plus $17.04 per diem thereafter) Attorney's Fee $ 1,325.00 Late Charges $ 188.28 Corporate Advance $ 108.50 Escrow Advance $ 513.58 GRAND TOTAL $ 103,336.63 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 I2 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 $103,336.63, together with interest at the rate of $17.04 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, W~ERG AND C~NWAY,P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ES I MARC S. WEISBERG, ESQ IRI EDWARD D. CONWAY, E 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, WEIG AND CONWAY,P.C. BY: Attor vs f Plaintiff TERRENCE J. McCABE SQUI MARC S. WEISBERG, SQUIRT EDWARD D. CONWA 1 MARGARET GAIRO, ESQUIRE ~ ~3~(~ ~~c.~ / _ „/ , fix - F~' / Prepazed By: Monica Seguin \~ P. 0. Box 390 Clifton Park, NY 12065 Return To: M&T Bank P.O, Box 4613 Buffalo, NY 14240 ~~Ic.r~c- Clv~-sE .~1 ~l ~ ~~ ~1 ~ 7 ~ 07 Exhibit, Parcel Number: 26.24-0811-245A Premises: 903 Bridge Street New Cumberland, PA 1~0 [Space Above TItis Line For Recording Data) MORTGAGE DEFINITIONS MIN 100050300005880613 Words used in multiple sections of this document aze defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document aze also provided in Section 16. (A) "Security instrument" means this document, which is dated May 24 , 2007 , together with all Riders to this document. {B) "Borrower"is Ryan M Elsenhour, Stephanie L Wolack Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under tlus Security instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. ` 12192555 12192555 PENNSYLVANIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS -6A(pAl lo5osl.ot Form 3039 1101 Pago 1 of tg Initials: VMP Mortgage Solutions, Inc. ,,, 20G? !`!~'4 30 A!~ ~ 56 gK { 993PG4355 (D) "Lender" is M&T Ban k Lender is a Corporation organized and existing under the laws of New Y o r k Lender's address is 1 M&T P1 aza, Buffalo, NY 14203 (E) "Nate" means the promissory note signed by Borrower and dated May 24 , 2 0 0 7 The Note states that Borrower owes Lender One Hundred Thousand Six Hundred F1 ve And Zero / 10 0 Dollars (U.S. $100 , 605.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUne 01, 2037 {F} "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1~ "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Q Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider 0 Balloon Rider Planned Unit Development Rider 1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider Other(s) [specify] (I) "Applicable La~v" means all controlling applicable federal, state and Iocal statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-a pealable judicial opinions. (.1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I~) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. {iV)n "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (l~ "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 12192555 Pago 2 of 56 /f,C ~~p~ 12192555 Inilials:~ d~ Form 3039 1101 ~YW-6A(PA) lososl.oi ~1~1993PG~356.: (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (~ "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed $orrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, 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 does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of RecordingJurisdictionl of Cumberland [Name of Recording Jurisdiction]: Please see attached schedule A. which currently has the address of 903 Bridge Street New Cumberland ("Property Address"): [Street] [City], Pennsylvania 17070 [zip Coda] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and ftxtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property.:' Borrower understands and agrees that MERS holds only legal title to the tnterests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 12192555 ~~.. ~~ ~ 12192555 Initials: -6A{pA) fo5oal.ot Pago 3 of 18 Form 3039 1101 0 g~ ~ 993PG~c 357 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Fayments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender; (a) cash; (b) money order; (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, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated 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 partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, 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 due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principa! balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fast to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principa! balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 12192555 ,/~~, ~`p ~ 12192555 i~iag~5, ~1 d- -6A(PA) IososJ.o~ Pageaof ~s Form 3039 1101 m BK 1993PG~358. can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Ttems. Borrower shall 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) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 14. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall 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 pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender ail Funds, and in such amounts, that are then required under 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 time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 12192555 /~,~ ~ ~ ~~ 12192555 Initids: / C ~ -6AiPA) losos).oi Papa s or is Porm 3039 1101 BK1993PG~359 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower 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 is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; {b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or {c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a Lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay cone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels} and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certifrcation. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 12192555 ~,. IJ~ ~ J 12192555 Initials: !~C ~ /1' -6A(PA) lo5oe}.o1 Fagesot is Form 3039 1101 BKi993PG~364 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any pazticulaz type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standazd mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken 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 agreement is made in writing or Applicable Law zequires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (othez than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofaz as such rights aze applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 12192555 ~~ (+~~((J, 12192555 IniI18~5i / i ~L ~/~J ~•6AtPAl 10508JA1 Pago 7 of 16 T- Form 3039 1101 BK 1993PG~s3.61 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower steal! not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 12192555 12192555 Initials: -6A(PA) losoal.oi P~6 B of 18 ~ ~ rm 3039 1l01 BK1993PG~362~ Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beaz interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact [hat the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be chazacterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount $orrower will owe for Mortgage Insurance, and they will not entitle $orrower to any refund. 12192555 E 12192555 Initials: 'J'"~' -6AlPA1 lososl.ot Paga 9 of 16 ~ _ Form 3039 1/01 $~ 19g3P6~3~63.~' (b} Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and ohtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or fo receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; )Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Apposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Apposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 12192555 Pape 10 of 16 /]~,-. Q ~ 1 l 12192 5 55 Initids: /C~ }~ Form 3039 1101 (~-6A(PA} co6o6~.oi g~{~993P64364~ dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Iorrower Not Released; Forbearance >ey Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instntment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any S~ZCCessors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, farbeaz or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain a!I of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lcnder's interest in the Property and rights under this Security Instrument, including, but no[ limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the chazging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 12192555 ~,yp ~~~{/I.. 12192555 (~-6AiPAl io~oal.o~ PaQo li of 16 ~nf6elst + `-s~ ~ ' p rm 3039 1/01 O 6K1993P64365' _- have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent 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 designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument 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 designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and 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 Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests 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. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sutras secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 12192555 ~~. ~ ~ ~ 12192555 InUials: -6A(PA1 tosoef.oi Paga 12 of 16 Form 3039 7/07 0 B~1993PG~366 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses 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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 2t). Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and aze not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this pazagraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 2I: (a) "Hazazdous Substances" aze those substances defined as toxic or hazazdous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flamcriable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 12192555 ~ q~ ~ 12192555 -6A{PAI {o5oa).oi Papo 13 of 18 Fotm 3039 1/l?1 SK 1993PG~367 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazazdous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that aze generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazazdous Substance or Environmental law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, an~ spilling, leaking, discharge, release or threat of release of any Hazazdous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. Tf Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazazdous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envirommental law. Nothing herein shall create any obligation on bender for an Environmental Cleanup. NON-UN1FO12M COVENANTS. Borrower and Lender further covenant and agree as follows; 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure fo cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. lender may chazge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable law. 24. Waivers. Borrower, to the extent permitted by Applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend io one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 2G. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a,~udgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from tune to time under the Note. 12192555 ~,~ ~ ~p 1 ~ 12192555 IniUats: (~_ o~ T''r' -6A(PA) lo5oal.o~ Page 54 of i8 Form 3039 110't 6~1993PG4368 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ~~ 1~,~ 12192555 -6A(pA} tosoel.ot _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) Rya M E1 SenhOUf -Borrower ,rAMl1, ~ . l~-h9.t~~ (Seal) Stephanie L Houck -Borrower Paga 16 of t8 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 12192555 Form 3039 1/01 S~~ i 993PG~369 , COMMONWEALTH OT' PENNSYLVANIA, ~ a Un ~ I ~ County ss: On this, the 24th day of May, 2007 V ,before me, the undersigned officer, personally appeared Ryan M Ei senhour and 5tephani e L Houck known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SFAL TINA L FULLERTON c.~n , My Cornmlisfon ~xpl~a JOt1 19, 201 ~ Tide of Officer Certificate of Residence I, r~~ ~ ~- l%~~l~~v~ , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 24t h 12192555 -6A(PAl [ososl.ot m day of May, 2007 ~~~ Agent of Mortgagee Pago it3 of 1B BK 1993PG~370 12192555 Initials: ~~~ A!i Form 3039 1/01 ».aw.~, JRt3~ +L46A,A'~.~.GI ~tAT~~J.i+~ ! Ai~:~T t /i3S .0l :10b 2~~'~x3 r•^. awiT,.: ,3 j V1A E~chibit A ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Bridge Street, said point being 40.62 feet north of the intersection of the said eastern side of Bridge Street with the northern side of 9~' Street; thence eastwardly along the common boundary line of the within premises, and lands now or formerly of H. O. Lechrenberger, 105.05 feet, more or less, to a 10 foot wide public alley; thence in a southerly direction along the said public alley, a distance of 20 feet, more or Iess, to the intersection of the said public alley with the projected extension of the dividing wall between the two halves of a double frame dwelling house known as 901-903 Bridge Street; thence in a westerly direction along the said dividing wall, a distance of I03 feet, more or less, to the intersection of the projected extension of the said dividing wall with the eastern side of Bridge Street; thence in a northerly direction along the eastern side of Bridge Street, for a distance of 20 feet, more or less, to the point or place of BEGINNING. HAVING THEREON ERECTED the northern. half of a 2 '/z story double frame dwelling house known as 903 Bridge Street, New Cumberland, Pennsylvania. I (,ertify this to be recor~de~d in Cumberland County . '~~ ~ Recorder of Deeds B~~ 1993P~~37 I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff "- Jody S Smith Chief Deputy ~ , ~ ~n.~ ; .~ ~ g fi -~ t0i~ ~,~~ E ~ d,a1 t u. Richard W Stewart "~""f.' ~0t0 ~G r(Q ~~ ~~:OJ~ Solicitor orr tis _ ~ ~ ~~ sN~R)rr G5 )n w; ," ; 'r ;'~ ~ Chase Home Finance LLC vs. Case Number Ryan M. Eisenhour (et al.) 2010-4541 SHERIFF'S RETURN OF SERVICE 07/12/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ryan M. Eisenhour, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/12/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Stephanie L. Houck, but was unable to locate her in hi: bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/14/2010 05:07 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ryan M. Eisenhour, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Ryan M. Eisenhour. Request for service at 903 Bridge Street, New Cumberland, PA 17070 is vacant. Ryan M. Eisenhour currently resides at 207 Spring Lane, Enola, PA 17025. 07/14/2010 08:24 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 14 2010 at 2015 hours, he served a true copy of the within Complaint in Mortgage Fo losure, upon the within named defendant, to wit: Ryan M. Eisenhour, by making known unto hims f ersonally, at 207 Spring Lane, Enola Cumberland, Cumberland County, Pennsylvania 17025 its c nt nts and at the same time handing to him personally the said true and correct copy of the s~r DEPUTY 07/15/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephanie L. Houck, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Stephanie L. Houck. Request for service at 903 Bridge Street, New Cumberland, PA 17070 is vacant. 07/15/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Stephanie L. Houck, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Stephanie L. Houck. Ryan Eisenhour, defendant's ex husband and current resident of 207 Spring Lane, Enola, PA 17025 advised Deputies, Stephanie L. Houck has never resided at this address. 07/22/2010 Dauphin County Return: And now, July 22, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Ryan M. Eisenhour the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Stephanie Houck, current resident at 4570 Londonderry Road, Apartment A86, Harrisburg, PA 17109 advised Deputies, Ryan M. Eisenhour does not reside at this address. (c) CountySuita Sheriff. Teleosoft. Inc. 07/22/2010 06:43 PM -Dauphin County Return: And now July 22, 2010 at 1843 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stephanie L. Houck by making known unto herself personally, at 4570 Londonderry Road, Apartment A86, Harrisburg, PA 17109 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $160.80 August 03, 2010 SO ANSWERS, ,.'° RON R ANDERSON, SHERIFF ~c) CountySuite Sheriff. Teleosoff. Inc. Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin :: Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CHASE HOME FINANCE LLC VS STEPHANIE L HOUCK Sheriffs Return No. 2010-T-2383 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for RYAN M EISENHOUR the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JULY 22, 2010. AS PER STEPHANIE HOUCK DEFT RYAN EISENHOUR DOES NOT LIVE AT 4570 LONDONDERRY ROAD, APT A86, HARRISBURG, PA 17109 OTHER COUNTY CASE # 20104541 ~~~ Deputy: W CONWAY Plaintiff: CHASE HOME FINANCE LLC Sheriffs Costs: $66.5 7/14/2010 Out Of County Cost: Sworn to and subscribed before me this ___S~Z. o~Ol~ Z,~JjtJ U=~ l ~iA/v RO'I'HONOTARY DAUPHIN COUNTY OMM[SSION EX IRES 1ST MONDAY JANUARY, 20~ So Answers, ~~~ Sheriff of Dauphin County, Pa. Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin .~.. Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy CHASE HOME FINANCE LLC VS STEPHANIE L HOUCK Sheriff s Return No. 2010-T-2383 And now: JULY 22, 2010 at 6:43:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon STEPHANIE L HOUCK by personally handing to STEPHANIE L HOUCK 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 4570 LONDONDERRY ROAD, APARTMENT A86 HARRISBURG PA 17109 OTHER COUNTY CASE # 20104541 ~~~ Deputy: W CONWAY Plaintiff: CHASE HOME FINANCE LLC Sheriffs Costs: $66.5 7/14/2010 Out Of County Cost: So Answers, ~'~°~~~ Sheriff of Dauphin County, Pa. Swam to and subscribed before me this ~ da f OIL ~v ...2.- _ .-. _ _. 1 ~ ~- ~ n 1 MISSION F,XPIRES IS'~ MONDAY IARY.20 !~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy I ED='FFICE OF THE PROTHONOTARY 2010 MY 23 PM 2: 28 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Chase Home Finance LLC vs. Ryan M. Eisenhour (et al.) Case Number 2010-4541 SHERIFF'S RETURN OF SERVICE 10/11/2010 07:45 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Sheriffs Levy, Sale and Posting of Schedule of Distribution and Plaintiffs Notice of Sheriffs Sale and Debtor's Rights by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ryan M. Eisenhour at 207 Spring Lane, East Pennsboro Township, Enola, PA 17025. Copy of the Plaintiffs Notice attached to and made part of the within record. 10/12/2010 07:10 PM - Deputy Amanda Cobaugh, being duly sworn according to law, states service was performed by posting a true copy of the requested Notice of Sheriffs Levy, Sale and Posting of Schedule of Distribution and Plaintiffs Notice of Sheriffs Sale and Debtor's Rights upon the Real Estate located at 903 Bridge Street, New Cumberland, PA 17070. Copy of the Plaintiffs Notice attached to and made part of the within record. 10/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Margaret Gairo on 10/11/10 SHERIFF COST: $199.76 SO ANSWERS, November 22, 2010 RON R ANDERSON, SHERIFF 0-00 Pw-1!!?9 - ,SU irL ?c; CoumySufte ShenfF, Teleosoft In.,, 4 a 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 Attorneys for Plaintiff Chase Home Finance LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Ryan M. Eisenhour and Stephanie L. Houck Defendants NO: 104541 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for tliz of Execution was filed the following information concerning the real property located at: 903 Bridge Street, New Cumberland, Pennsylvania 17070, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners 2 Name Address Ryan M. Eisenhour 207 Spring Lane Enola, Pennsylvania 17025 Stephanie L. Houck 4570 Londonderry Road, Apt. A86 Harrisburg, Pennsylvania 17109 Name and address of Defendants in the judgment: Name Ryan M. Eisenhour Stephanie L. Houck Address 207 Spring Lane Enola, Pennsylvania 17025 4570 Londonderry Road, Apt. A86 Harrisburg, Pennsylvania 17109 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address MERS, Inc. P.O. Box 2026 Flint, Michigan 48501 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may i;;:: affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has al) in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Address 903 Bridge Street New Cumberland, Pennsylvania 17070 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 110 North 8`s Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name None Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave N? a4 Washington, DC 20530 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20530 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. September 9.2010 DATE T RREN E J. McCABE, ESQUIRE MARC SIF . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Bridge Street, said point being 40.62 feet north of the intersection of the said eastern side of Bridge Street with the northern side of 9th Street; thence eastwardly along the common boundary line of the within premises, and lands now or formerly of H. O. Lechrenberger, 105.05 feet, more or less, to a 10 foot wide public alley; thence in a southerly direction along the said public alley, a distance of 20 feet, more or less, to the intersection of the said public alley with the projected extension of the dividing wall between the two halves of a double frame dwelling house known as 901-903 Bridge Street; thence in a westerly direction along the said dividing wall, a distance of 103 feet, more or less, to the intersection of the projected extension of the said dividing wail with the eastern side of Bridge Street; thence in a northerly direction along the eastern side of Bridge Street, for a distance of 20 feet, more or less, to the point or place of BEGINNING. HAVING THEREON ERECTED the northern half of a 2-1/2 story double frame dwelling house known as 903 Bridge Street, New Cumberland, Pennsylvania. BEING PARCEL NO. 26-24-0811-245A BEING KNOWN AS 903 Bridge Street, New Cumberland, Pennsylvania 17070. BEING the same premises which by deed dated May 24, 2007 and recorded May 30, 2007 in the office of the Recorder in and for Cumberland County as InstrumentNo. 2007-018347, granted and conveyed to Ryan M. Eisenhoi.;: and Stephanie L. Houck. EXHIBITA L 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 CIVIL ACTION LAW Chase Home Finance LLC V. Ryan M. Eisenhour and Stephanie L. Houck NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Ryan M. Eisenhour 207 Spring Lane Enola, Pennsylvania 17025 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 104541 CIVIL Stephanie L. Houck 4570 Londonderry Road, Apt. A86 Harrisburg, Pennsylvania 17109 Your house (real estate) at 903 Bridge Street, New Cumberland, Pennsylvania 17070 is sched, i sold at Sheriffs Sale on December 8, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located oo; . Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforo: {?, court judgment of $1.04,256.79 obtained by Chase Home Finance LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Chase Home Finance LLC the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmcq out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To firo out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yon i 6. You may be entitled to a share of the money which was paid for your real estate. A scheclult_ 14 distribution of the money bid for your real estate will be filed by the Sheriff within thirty + ,; i > > ; : a of the sale. This schedule will state who will be receiving that money. The money will be fra:;a o , in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO 4 ° , , a LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICI + : { PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania.. more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Bridge Street, said point being 40.62 feet north of the intersection of the said eastern side of Bridge Street with the northern side of 9th Street; thence eastwardly along the common boundary line of the within premises, and lands now or formerly of H. O. Lechrenberger, 105.05 feet, more or less, to a 10 foot wide public alley; thence in a southerly direction along the said public alley, a distance of 20 feet, more or less, to the intersection of the said public alley with the projected extension of the dividing wall between the two halves of a double frame dwelling house known as 901-903 Bridge Street; thence in a westerly direction along the said dividing wall, a distance of 103 feet, more or less, to the intersection of the projected extension of the said dividing wail with the eastern side of Bridge Street; thence in a northerly direction along the eastern side of Bridge Street, for a distance of 20 feet, more or less, to the point or place of BEGINNING. HAVING THEREON ERECTED the northern half of a 2-1/2 story double frame dwelling house known as 903 Bridge Street, New Cumberland, Pennsylvania. BEING PARCEL NO. 26-24-0811-245A BEING KNOWN AS 903 Bridge Street, New Cumberland, Pennsylvania 17070. BEING the same premises which by deed dated May 24, 2007 and recorded May 30, 2007 in the office of the Recorder in and for Cumberland County as InstrumentNo. 2007-018347, granted and conveyed to Ryan M. Eisenr >tr and Stephanie L. Houck. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-4541 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC, Plaintiff (s) From RYAN M. EISENHOUR and STEPHANIE L. HOUCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $104,256.79 L.L.$.50 Interest from 8/26/10 to 12/8/10 at $17.14 -- $1,799.70 Atty's Comm % Due Prothy $2.00 Atty Paid $293.30 Other Costs Plaintiff Paid Date: 9/13/10 /S/ 1??.??/ ?. David ueil, Protho • (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 903 Bridge Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 B: Real Estate Coordinator The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 7117-255-,8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriotwNew s Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject. matter of said printed notice Or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 Sworn to anc I abed b re me this 10 cloy of November, 2010 A.D. Notary Public COMMONWEALTH OF P ENNSYLVANIA 5herrfe L Notarial Seal ` lower rle ftW Notary Public: MP., Dauphin County L My CommisMon Expires Nov. 26, 2021 Member Pennsylvanta A - ss0datfon of Ner, rjps 2010.4541 Chdi Term Chase Hams Phones LLC vs Ryan it Elsenhour Stephanie L. Houck + Aft hAwW&t Claire ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly hounded and described as follows, to wit: BEGINNING at a point on the eastern side of Bridge Street, said point being 40.62 feet north of the intersection of the said eastern side of Bridge Street with the northern side of 9th Street; thence eastwardly along the common boundary line of the within premises, and lands now or formerly of H. 0. Lechrenberger, 105.05 feet, more of less, to a 10 foot wide public alley; thence in a southerly direction along the said public alley, a distance of 20 feet, more or less, to the intersection of the said public alley with the projected extension of the dividing wall between the two halves of a double frame dwelling house known as 901-903 Bridge Street; thence in awesterly direction along the said dividing wall, a distance of 103 feet, more or less, to the intersection of the projected extension of the said dividing wail with the eastern side of Bridge Street; thence in a northerly direction along the eastern side of Bridge Street, for a distance of 20 feet, more or less, to the point or place of BEGINNING. HAVING THEREON ERECTED the norti m half of a 2-112 story do" frime dwelling hots known as 9M Btidgg_.Spmq New CumberLad, YeRwykmim- BENG PAL 140. 26-"l 1-245A BE104G KNOWN AS 903 I9n* Stte4 New Cumi d Pennsylyr 17M. BEING the same premises which by deed dated May 24, 2007 and recorded May 30, 2007 in the office of the Recorder in and for Cumberland County as InstrumentNo. 2007- 018347, granted and conveyed to Ryan M. Eisenhour and Stephanie L. Houck. eh a jJatriot-Xtws Now you know 2020 Technology Pkwy., Suite 300 MECHANICSBURG, PA 17050 (717) 255-8462 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 JLC DUPLICATE BILL TOTAL DUE FOR THIS SALE: $ 86.96