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HomeMy WebLinkAbout01-1430THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein/ I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff DLJ MORTGAGE CAPITAL, Plaintiff, RALPH CHARLES CRONE, Defendant. COURT OF COMMON PLEAS INC., CUMBERLAND COUNTY CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE NOTICIA YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FOHTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY {20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEAPJ~NCE PERSONALLY OR BY ATTORNEY AiND FILING IN WRITING WITH THE COURT yOI/R DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTN AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO EH SO THE CASH MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ~Y 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 IMPORT~NT TO YOU YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ~VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C3LN GET LEGAL HELP. LE }LAN DEM}LNDADO A USTED EN L~ CORTE. SI USTED QUIERE DEFENDERSE DE BETAS DEMA~DAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, UETED TIENE {20} DIAS DE PLAZO A P~tRTIR DE LA FECHA DB LA DEMA~NDA Y LA HOTIFICACION. USTED DEHE PRESENTAN UNA AP~IENCIA ESCRITA OEN PERSONA O FOR ABOGA~O Y ARCHIVAR EN LA CORTE SUE DEFENSAS O SUE OBJECIONES A LAS DEMA~DAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TO~RA MEDIDAS Y PUEDE ENTRAR bNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICIOR DE DEMANDA. USTED PUEDE PEHDER DINERO, BUS PRHPIEDADES O OTROS DERECHOS IMPOBTANTES PARA USTED. LLEVE ESTA DEM3tNDA A UN ABOGP~DO INMEDIATA~ENTE SI NO TIENE A~OGP~O O BI NO TIENE EL DINERO SUPICIENTE PkRA PAGA2~ TAb SERVICIO, VAYA BN PERSONA O LLAP4E FOR TELEFONO A LA OF1CINA CUYA DIRECCION SE ENCUENTBA ESCRITA ANAJO PARA AVERIGUAR DONDB USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cu~ezland County Court Administrator 4th Floor Cumberland County Court House I Courthouse Square Carlisle, PA 17013 {717) 240~6200 (717! 240 6200 73 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, PA. CON. STAT. ANN. § 201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6 Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, DLJ Mortgage Capital, Inc. is a corporation having been organized under the laws of the State of New York and having its principal place of business at 11 Madison Avenue, 4th Floor, New York, NY 10010-3629. (b) The subject loan is being serviced by Calmco Servicing, L.P., itself being a corporation organized under the laws of the State of Texas and having a principal place of business at 9600 Great Hills Trail, Suite 200W, Austin, Texas 78759. 2 . (a) The Defendant, Ralph Charles Crone, is an individual is 1311 Old Willow Mill Road, whose last known address Mechanicsburg, PA 17055. {b) The Defendant, Ralph Charles Crone, holds an interest in the subject property as both a Real Owner and Mortgagor. (c) If the above named Defendant is deceased, this action shall proceed 'against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his estate whether the estate is probated. 3. (a) The residential secured by property located at 1311 within the Township of Silver Pennsylvania. mortgage being foreclosed upon is Old Willow Mill Road, address Spring, Cumberland County, (b) Ail documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on April 11, 2000 and was recorded on April 24, 2000 in Mortgage Book 1607, at Page 747. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standimg to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: Eastern Savings Bank Assignee: DLJ Mortgage Capital, Inc. Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default named failed to timely tender the monthly payment of September 17, 2000, and thereafter failed to make payments. because the Defendant above $2,074.23 on the monthly 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. sums: {b) Plaintiff seeks entry of judgment in rem on the following Principal balance of mortgage due and owing Interest due and owing at the rate of 15.15% calculated from the default date above stated through February 28, 2001 Interest will continue to accrue at the per diem rate of $67.40 through the date on which judgment in rem is entered in Plaintiff's favor. (c) Late Charges due and owing under Paragraph 6(A) of the Note in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account (e) Property inspections as a recoverable expense under the mortgage terms (f) Court Costs and fees as recoverable under the mortgage terms, estimated (g) Attorneys' fees Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $162,383.77 13,042.00 725 97 100 O0 10 40 250 O0 8,119 19 $184,631.33 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(g) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriff's Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) The original principal balance of the Mortgage is more than Fifty Thousand ($50,000.00) Dollars. (b) Under ACT 6, 41 P.S. §101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401C, et seq.. {b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. (c) Appended hereto and incorporated herein by reference as Exhibit "C" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendant has failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff demands: Entry of judgment in rem against the Defendant above named in the total amount of $184,631.33, as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and Foreclosure and Sheriff's Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBAR31A. FEIN, P.C. Attorney I.D. No. 53002 ALL that certain lot of ground situate in Silver SpringTownship, Cumberland County Pennsylvania, being Lot No. 5 on.a, S.ubd!visi?..Plan prepared for Georgette M. Crone by Whittock and Hartmen, Registered Engineers, and recome(~ in me umce of the Recorder of Deeds for Cumberland County In Plan Book 60 Page 130 bounded and described as follows: BE?. INNING at a p,oint on the Western side of Old'Willow Mill Road, as It appears on said Plan which point is also on. m.e dividing line satween I~ots Nos. 4 and 5 on said Plan; thence along said dividing line, North 79 degrees 25 mmu[e? West 402.72 feet to a point; thence continuing along said dividing line, North 2 degrees 42 minutes 40 s .?ri.os East,316.86 feet to a point on line of land now or formerly of Ernest Clawser, Sr., and Nell L. Clawser, his .w~re; .m. en .ce amng .said line ot~Clawner, South 89 degrees '17 minutes 40 seconds West 370.03 feet to a point tn ,ne o.f la.n,u, now or mrmerly of David Thumma Helre~ fflence along said land of Thumma Helm, South 8 degrees 6 minu~es west. 407.76 feet to a point in line of property now or formerly of Jay H Smith; thence along saki and of Smith, North 82 degrees 43mloutes East 301.05 f~et to a point; thence contnuing aler~sald land o't' smith, South .7;9 deg .mas 25 minutes East 490.25 feet to a point-on the Western right-of-way/l~e of Old Willow Mill Road .mence a.mng said Weste.m right-of-way line NOAh'21 degrees 45 m nutes 20 sacohi:Ts~Eaat a distance of 75 feet .to a po n! on the dh/d ng line ne{ween Lots N0s;14 and 5 of'said Plan, the Place of BEGINNING. CONT~NI..N.G .1. 7~,817...94 square feet, 4.0821, acres,'i Togelfler wl~ the fight.to use a 25 foot wide fight-of-way ~l~a-c~.s,~_ me~.~orth~.rn pO.dl, on _of Lo! _No. 4; the_c.e. ,!er line of Which c~,nflnues along the dividing line baleen Lots . os. z ans.4 ane Lots Nos. ;4 aha 3 on me uubdlvlalon Plan ~0 the we~em elde bt'Old Willow Mill.Road. l:~p~xed By: Chelsea Settlement Agency-Hart 1000 North Front Street Suite 501 Wormleysburg, PA 17043 125361 I hereby certify that this is a true and corre, ct copy of the origin~nt' ~ [$pnce Above Th~ Line For Recor~u~ Data] MORTGAGE DEFINITIONS Words used in multiple, sections of this document are defined below and other words are defined' in Sections 3, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document are also provided in Section 16. (A) "Seemity Instrument" means thla document, which is dated together with all Riders to th~s document. (~) "Bom'ow~" is [~T-~PH C3,~.~[~S CRO~ April 11, 2000 Borroweris the mo~gagorunder ~isS~ufi~ ~strument. (C)"Lender"is Eastern Savings Bank, fab Lender is a Federal Savings Bank PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 319S 125361 o~.tnhe~ and e~s~ng under the laws of The United States of ~merica ~der's~ddmss!s 11~50 HcCormlck Road, Ste. 200, H~t Vattey, ~ 210~1 ~d~ is ~e ~g~ ~d~ ~s S~u~W ~nt. ~e Nora s~ ~ ~w~ ow~ ~der ~e H~ed Sixty ~o ~ous~d Five H~ed ~d 00/~00 ~Ila~ ~.S. $ ~62,500.00 ) pl~ Mte~t. Bo~ow~r h~ pm~ to pey ~ debt ~ r=~l~ Periodic Faym~m~dtopey~zdebtM~notla~r~ ~rll ~, 20Z5 ~) "~" m~ t~ pro~ that is d~cHb~ below under ~ "~" m~ ~e debt evidenc~ by ~e Note, plus Mterest, ~y p~payment ch~g~ ~d late charg~ due ~der the No~, ~d MI $u~ due under ~i$ ~ufi~ ~atmm~t, plus int~t. (G) "~" ~s ~ fid~ to ~is S~u~ Instrument ~at ~ ex~ut~ ~ ~wer. %e following Hdem ~e to ~ ex~u~ by Bo~wer [ch~k ~x ~ appli~le]: Adj~mbfe Rate ~der ~ ~mio~um ~der ~ ~nd Home ~der BMI~n ~der ~ PI~ UMt Development ~der ~ 1~ F~ly ~d~ VA ~d~ [ } Biw~kly Payment ~der (H) "Applie~ible Law" mean; all controlling applicable federal, statz and local ~tatutea, regulations, ordinances and adm;.i~!,ative rule~ and orders (that have the effect of law) ~ well as all applicable final, non-appealable judinial opinions. 09 "Community A.~melstion Dues, Fees and Asses,~nents" means aH dues, fees, n~eesmenta and other charges that are imposed on Borrower or the Property by a condominium association, homeowners a.~ociatlon or s'unihr organization. (J') "Electronic Funds Transfer" means any transfer of funds, other thun a tnmsaetion 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 maehioe transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "F.,~'ow I~us" mea~ thoso items that are described in Section 3. (L) "Miseellaneoos Pt'oeeeds" 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: damage to, or destruct/on of, the Property; (ii) condemnation or other taking of all or any part of thc Property; (iii) conveyance in l/eu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means/n~rance protecting Lender against the nonpayment of, or default on, the Loan. (1%0 "Periodic Pay~el~" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (//) uny ammmts under Section 3 of this Security Instrument.~ (~-S(PAI (~912) PNiozo/18 Form 3039 3/99 ALL that certain lot of ground situate in Silver Spdng Township, Cumberland County, Pennsylvania, being Lot No. 5 on a Subdivision Plan prepared for Georgetta M. Crone by Whittock and Hartman, Registered Engineers, and recorded in the Office of the Recorder of Deeds for. Cumberland County in Plan Book 60, Page 130, bounded and described as follows: BEGINNING at a point on the Western side of OEf Willow Mill Road, as it appears on said Plan, which point is also on the dividing line between Lots Nos. 4 and 5 on said Plan; thence along said dividing line, North 79 degrees 25 minutes West 402.72 feet to a point; thence continuing along said dividing line, Nort~ 2 degrees 42 minutes 40 seconds East 316.86 feet to a point on line of land now or formerly of Ernest Clawsar, Sr., and Nell L. Clawser, his wife thence along said line of Clawse~', South 8g degrees 17 minutes 40 seconds West 370.03 feet to a point in line of land now or formerly of David Thumma Heirs; thence along said land of Thumma Heirs, South 8 degrees 6 minutes West 407.76 feet to a point in line of property now or formedy of Jay H. Smith; thence along said land of Smith, North 82 degrees 43minutes East 301.05 feet to a point; thence continuing along said land of ,Smith, South 79 degrees 25 minutes East 490.25 feet to a point on the Western right-of-way line' Of Old Willow Mill Road; thence along said Western right-of-way line, North 21 degrees 45 minutes 20 seconds East a distance of 75 feet to a point on the dividing linebetween Lots Nos;.4 and 5 of said Plan, the Place of BEGINNING. CONTAINING 177 817.94 square feet, 4.0821 acres.. Together with the right to use a 25 foot wide rfght-of-way across the Northern portion of Lot No. 4, the cente~' line of which continues along the dividing line between Lots Nos. 2 and*4 and Lots Nos. 2 and 3 on the Subdivision Plan to the Western side of Old Willow Mill Road. Parcel ~,38-14-0848-064 . Premium Rate $1,102.00 Endorsements $450.00 (1.9991148g0// 2) (O) '*RESPA" means the Real Estate Settlement Procedures Act (1:2 U.$.C. Section 260! et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they m/gh~ bo amended fi-om 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 restrlctld~iffthat are imposed in regard to a 'federally related mortgage loan~ even if the Loan does not qualify as a 'fedendly related mortgage loan" under RF~SPA. a~ "successor ill llltel'e~ o£ ~ofrower" means any party that ~ taken title to the l:¥operty, whether or not that party has sasumed ]]or~ower's obligations under the Note and/or th/s Security Instrument. TRANSF~.~, OF RIGHTS IN ~ PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and ~dl renewals, extensions and modifications of the Note; ~md (ii) the performance of Borrower's covenants slid agreements under this Security l~U'ument and the Note. For this purpose, Borrower doe~ hereby mortgage, grant and convey to Lender the following described property located ~n the County [Type of Recording ,~uti~dlction] of Cumberland [Name of Racom/lng Suriadlctioa]: SEE EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 1311 OLD WILLOW MILL ROAD Mechanicsburg ("Property Address'): [Street] ICi~'l, Pennsylvsnia 17055 IZ¥ CodeJ TOGETHER WITH all the improvement~ now or hereafter erected on tho property, and all easements, appurtenances, and fixtures 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 Secur/ty lnmtument aa the "Property." ~)~-6(PA) lee;21 P.o* 3 of 1 e Form 3039 3/99 BORROWER COVENANTS that B,,~,wer is lawfully seised of the estate he, by conveyed and has the right to mortgage, grant/md convey the Property and that the P~,~,orty is unencumbered, except for ancumbr~nces of record. Borruwer werrants and will defend generally the title t~ .~O Pwpe~/.'y against all claims and demands, ~bject to any encumbrences of record, THIS SECURITY INSTRUMENT combines un/form covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a un/form security instrument covering real property. LfI~FORM COVElqA~FJ['$. ]~orrnwef and Le~der covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Chnrgas, and Lute Charges. Borrower shall pay when due the pr/nc/pal of, and interest on, the debt evidenced by the Note end any prepayment chargee and [ate charges due under the Note. Borrower shall also pay fullds for F_.~crow Items pursunnt to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other inatrument 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 Insh'ument be made in one or more of the following forms, as selected by Lender: (a) cash; Co) money order;, (c) certified check, bank check, treasurer's check or ceshier'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 Iocntlon designated in the Note or at anch other location u may be designated by Lender in accordsnce with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments n~ insufficient to b~ing the Loan current. Le~der may accept eny payment or partial payment [tmufflcient to bring the Loan nurrent, without waiver of any rights hereunder or prejudice to its rlghts to refu~ mmh payment or pm/iai Payments in the future, but Lender ia 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, than Lender need not pay interest on unapplled funds. Lender may hold such unapplled funds until Borrower makes paymerlt to bring the Loan current, if Borrower does not do so with/n a reasonable period of than, Lender shn/I either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under thc 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 Instalment or performing the covenants and agreements secured by this Security Instrument. 2. Application et' Payments or Proceeds. Except ~z 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; Co) principal due under the Note; (c) amounts due under Sectio~ 3. Such payments shall be applied to each Periodic Payment in thc order in wlfich it became dun. Any remaining amoonts shall be applied tn'st to late changes, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment wh/ch includes a suf~cient amount to pay any lute chm'ge 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 can be '~'~A} {99~2! Page 4 of 18 Form 3039 3199 paid in full. To the extent that uny excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to uny late charges due. Vo!untary prepayments shall be appllecl first to any prepayment charges and than as described in the Note. Any application of payments, insurance proceeds, or lV[isanllanenus ~'.to prlncipai due under tho Note shall not extend or postpone the due date, or c~ange the amount, of the Periodic Payments. 3. ]~'~mds for ~row Items. Borrower shall pay to Lander on tho day Poriodlc Payments are due under the Note, until the Note is paid in full, a sum (the *Funds") to provide for Paymant of amounts due for: (a) taxes and assessmunts and other items which can attsin priority over this Security Instrument as a lieu or ancumbranen on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance requh'ed by Lender under Section 5; and (d) Mortgage Insurance premiums, if uny, or any sums payable by Borrower to Lander in lieu of the Paymant of Mortgage [~anra~ce pt-eu~m* in accord~ce with the provisions of Sectlou 10. 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, bo ~scrowed by Borrower, and such dues, fees and assessments shall be an ~crow Item. Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender w~ives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lander Funds for any or ail Escrow Items at any time. Any sudh waiver may only be in writing, tn the avant of such waiver, Borrower shall pay directly, when and where payable, the amounts due for uny Escrow Items for which Paymcot of Funds has b~eun waived by Lander and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lander may require. Bor~'ower's obligntion to make such payments ami to provide receipts shall for all purposes-be deemed to be a covenant sad agreemant contsined in this Security Instrume~t, 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 duo for au F, scrow 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 uny such amount. Lender may revoke tho waiver as to uny or all F. scrow Items at any time by a notice givan in accordance with Section 15 and, upon such r~vocation, Borrower shall pay to Lender all Funds, and in such amounts, that are thsa required under this Section 3. Leader may, at uny time, collect and hold l~tmds in au amount (a) suffJcicot to permit Lender to apply the Funds st the 0~me specified under RESPA, and Co) not to exceed the maximum amount a lender can require under RF. SPA. Lander shall estimate the amount of Funds due on the basis of current data and reasonable estlnmtec of expendltorca of furore Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be heJd in un institution whose deposits am inanmd by a federal agancy, instrumuntailty, or antity (including Lender, if Lander is an institution whose deposits are so insured) or in any Federal Homo Loun Bank. [~eder 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, unnt~aily amdy'z~g the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lander to make such a charge. Unless un agreement is made tn writing or Applicabte Law requires interest to be paid on the Funds, Lender shall not be requir~ to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest ~.-6{PA) ~S12) P~eGof 're Form 3039 3/99 shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RF~PA. If there is a surplus.of Funds held in escrow, se defined under Rr~PA, Lender shall account to BorrOwer for the exc~s funds in accordance with RF~PA. If there is a shortage-of Funds held in ascrow, as daf-reed under RF~PA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the &mount n~ to make up the shortego h~ accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of l~unds held in asorow, as defined under RE,SPA, Lender shall notify Borrower as required by RESPA, and Borrower shah pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no mere than twelve 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. Chm,ges; 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 mits on the Property, if suy, and Community Association Dues, Fees, and Assessments, if any. To the extent that these iteme are Escrow Item.s, Borrower shall pay them in the manner provided in Section 3, Bon'ower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:. (a) a~recs in writing to the payment of the obligation secured by the llen in a manner ac~.eptable to Lunder, but only so long as Borrower is perforating such agreement; (b) unntests the lien in good faith by, or defends a~-In*t unfm'cemunt of the lien in, I~gal proceedings which in Lender's opinion operate to prevunt the enforcmnent of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secure~ from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that suy part of the l~oper~ is subject to a lien which can attain prin~ity over this Security Instrument, Lender may give Borrower a notice identifying the llen. Within 10 days of the date on which that notice is given, Borrower shall satisfy the llen or Lake one or moro of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lander in connection ~vith this Loan. 5. Property Insurance. Borrower shaiJ keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards inclttded within the term *extended coverage,' an¢{ any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (incluging deductible levels) and for the periods that Lender requires. What Leader requlmi pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shaiJ be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised uureasonsbly. Lender may reqt!ire Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, ceflification and tracking servicas; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar chsuges occur which rensonably might affect such daterm;natiun or certification. Borrower shall also be rasponsthle for the payment of uny fees impoasd by the Federal Emergency Management Agency in connection with the review of any flood zone determ;n~tion resulting from an objection by Borrower. Form 3039 3199 If Borrower fail,, to m~ntain any of the coverages described above, Lender may obtain insurance coverage, at I..emier's option and Borrower's expense. Lender is under no obligation to purchase any particular type or, amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the cuntents of the ~, against any risk, b,~?~:l or liability and might provide greater or lesser coverage than wes 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 thin 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 paymunL All insurance policies required by Lender and renewals of such poUcies shall be subject to Lender's right to disapprove such policies, shall include a stundard mortgage clause, and shall name Lender as mortgagee and/or as an additional [nas payee. Lender shall have the right to hold the policies and renewal certtlic.~tes. If Lender requires, Borrower shaJl promptly give lo Lender all receipts of paid premiums and renewal uotices. 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 sbmderd 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 m~lre 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, shah be applied to rest~rafion 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 thc right to hold such iosurence proceeds until Lender has had an opportmxity to inspec~ such Property to ensure the work h~s 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 es the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to bo paid on such insurance pro~eeds, Lender shah not be required to pay Borrower any interest or enminga ou such proceeds. Fees ~f~r public adjusters, or other third parties, retained by Borrower shah not be paid out of the insurance proceeds and shah be the sole obligation of Borrower. If the res~:orstion or repair is act economically feasible or Lender's security would be loosened, the insurance proceeds shall bo applied to the sums secured by this Security Insmm~mt, whether or not then due, with the excess, if any, I~dd to Borrower. Such insurance proceeds shall be applied in the order provldad for in Section 2. If Borrower abemious 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, la 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 thc Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under.all insurance policies cowring the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore thc property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. (~-6{PA) (9912) P~e 7 of 16 Form 3039 3/99 6. Occupancy. Borrower shall occupy, establish, snd use the Property ss Borrower's principal residence within sixty days after the execution of this Security Instrument end 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 with~{c]~ or unless extenuating circumstances exist which are beyond Borrower's control. ?. Preservation, Maintenallce and Prntection of the Property; Inspec/iol~s. Borrower shall not destroy, damage or impair the Property,' allow tho Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain thc Property in order to prevent the Property from d~teriorating 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, l.~nder may disburse proceeds for the re. pairs end restoration in a single payment or in a series of progress payments aa thc 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 inapections of the Property. If it has ressonable cause, Lender may inspect the interior of the improvements on the Property. Lender shati give Borrower notice at the limo of or prior to such an interior inspection specifying such reasonable cause. 8. l~orrowe~'s Loan Application. Borrower shall be in default if, during the Loan application process, Bolrower or eny 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 I.~nder with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupency of the Prope~y as Borrower's principal residence. 9. Protection of Lender's Inter~t in the Property and Rights Under this Seawity Instrument. If (a) Borrower fails to perform the covenants end 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 abendoned the Property, then Lender may do end pay for whatever is reasonable or appropriate to protect Lender's interest in the Property end rights under this Security Instrument, including protecting and/or assessing thc value of the Property, end securing end/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying eny sunm ~ecured 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 boa~d up doors and windows, drain water from pipes, eJim;nate building or other code violations or dengerona conditions, end have uli]ities turned on or off. Although Lender may take action under this ;Section 9, Lender does not have to do so end is under any duty or obligation to do so. It is agreed that Lend~ incurs no Habiiity for not tsking any or actions authorized under this Secliou 9. ~, ~.~~ (~-6(PA) (9812) Fags e of 18 Form 3039 3/99 Any moUntS disbursed by Lender Under this Section 9 shall become additional debt of Borrower secured by this Security lnstmmsut. These amoUnts shall bear interest at the No~e rate from the date of disbursement and shall be-payable, with such interest, upon notice from Lender to:Borrower reqoasting imyment' - If this Secority Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tltie to the Property, the leasehold and tho fee title shall not merge u~less Lender agrees to the merger in writing. 1O. Mor~e Insurmlce. If Lauder required Mortgage Insuranee as a condition of making the Loan, Borrower shall pay the premiums required te m.;ntain 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 subeiantially 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 substsatislly equivalent Mortgage Insunmce 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. Lmlder will accept, use and re~aln these payments as a non-refundable lo~s reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundabin, notwithsta~lding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or ceruings on such loss ~asrve. Lender can no lunger require loss reserve payments if Mortgnge Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer select~ by Lender again becomes available, is obtained, and Lender requires asparstely designated payments toward the premiums for Mortgage lnanmaee. 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 malnmln Mortgage Insurance in effect, or to provide a non-refundable loss reserve, Until the Lender's requirement for Mortgage Insurance ends in accgrdanee with any written agreement between Borrower ,and I-~nder providing for such termination or until termination is required by Applicable Law. Nothing in this Section IO affectS Borrower's obligation to pay interest at the rate previdad in the Nole. 1L Assignment of M~scellaneous Proceedsi Forfelture. All Miscellaneous Proceeds are hereby assigned to and ~ be paid to lender. If the Property is dsm.ged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the res~oratico or repair is economically feasible and Lender's ascurity is not lessened. Doring such repair and restoration period, Lender shall have the right to hold such Miseeliuneous Proceeds Until Lender has had an opportuuity 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 su agreement is made in writing or Applicable Law requires interest to be paid on such Misceli~meous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Pro~esda. If the restoration or repair is not economically feasible or Lander's security would be less~nod, the Miseeilaneous Proceeds shall be applied to the sums secured by this Security Instrument, ~II~)~-6(PA) Iss~l P.~,~ ~,f ls Form 3039 3/99 whether or not then duc, with thc excess, if any, paid to Borrower. Such Miscolleneous Proceeds shall be applied in the order provided for in 5ectlon 2. In the event of a total taking, destruction~ or loss in value of tho Prope~, 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 pa~iai taking, destruction, or loss ~n value of the Property in which the fair market value of tho Property ;mm,xiiately before the partial tsking, destruction, or loss in value is equal to or greater then the amount of tho sums secured by this Security Instmmezt immediately befor~ the partial taking, d~truction, 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 tsFAng, desea'ucfiun, or loss in value divided by (b) the fair martcet value of the Property immediately before the partial tsking, 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 Propen'y imm~liately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before thc 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, a~er notice by Lender to Borrower that the Opposing party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to rmpond to l_~nder within 30 days al~er the date tho notice is given, Lender is anthorlzi~d to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this 5eeurity instrument, whether or not than due. ~Opposing Party" means the third party that owes Borrower Mizcelianenus Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceed. Borrower shall be in default if any action or proce~eding, whether civil or criminal, is begllu that, in Lander's judgment, could rmult in forfeiture of the Prop~ty or other material impairment of Lender's interest in the Property or rights under this Secui'ity Instrument. Borrower can cure such a default and, if acceleration has oo~ur~d, reinstate as provided in Section 19, by causing the action or proceeding to be dimniesed 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 procee~ of any award or claim for damages tha~ are attributable to the impairment of Lender's interest in the Property are hereby sssigned and shall be paid to Lender. All Miscolienenus Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in 5ectiou 2. 12. Borrower No/Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not bo required to commence proceedings against any 5uece~sur in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of tho sums secured by this Security Instrument by reason of any demand made by the original Borrower or uny Successors in Interest of l~orrower. Any forbearance by Lender in exercising any right or (~-6(PA) rssl2) ~,;o'lOof le Form 3039 3/99 remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Sucee~ora in Int~t of Borrower or in amounts le~ than the amount then due, slmli not be a waiver of or pr~hide the exercise of arty 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 Inatrument 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 intercet in the Property under the terma of this Security l~strument; (la) is not personally obligated to pay the sums secured by this Security Instrument; and (¢) agrees that I.~nder and any other Borrower can agree to exl~nd, modify, forbear or make any accommodations with regard to the terms of this Security Inztrument 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 ail of Borrower's rights and benelits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unle~ 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 succeasors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for ~ervice~ performed in connection with Borrower's default, for the purpose of protecting Lender's interest in tho Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, prope~y in~pection and valuation fees. In regard to any other fees, the nboence of exprea~ authority in this Security In,tremont to charge a specific fee to Borrower ~h~ll not ~o colultrued aa a prohibition en the char~ing of such fee. Lender may not charge fens thkt e.m expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is sub. ject to a law which sets maximum loan chsrges, and that law is fioaily interpreted so that the intersat or other loan charges coliected or to be collected in counectlon with tho Loan exceed the permitted limits, then: (a) any anch loan charge shall bo reduced by the amount necessary to reduce the charge to the permilted limit; end (b) any sums ?lreedy collected from Borrower which exceeded permitted limits wili be refuade(l to Borrower. Lender may choose to make this refund by reducin~ the principal owed under tho Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction wlil be tr~ed es a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such mfoud made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising nut of such overcharge. 15. Nollces. 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 have been given to Borrower when mailed by first ciasa 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 unlecs Applicable L~w expresa[y requires otherwise. The notice address shall be the Property Address unle~ Borrower hse deaignated a substitute notice addresa by notice to Lender. Borrower shall promptly · notify Lender of Borrower's change of addresa. If Lender ~pecifies a prucedum for reporting Borrower's change of eddre~, then. Borrower ~fll only report a change of eddrees through that specified procedure. There may be only one designated notice address under this Security/x~trum,~t a~any one time. Any ~])~-6(PA) (es'12) P~, ?t or' Is Fm'm 3039 3/99 notice to Lender shaJl b~ given by dclivering it or by mailing it by first cla~s mail ~o L~nd~'s ~d~s s~ he~ ~ ~nd~ b~ d~i~a~d ~o~ add~s by notice ~ ~wer~ ~y no,ice in ~tion wi~ ~s ~u~ ~s~ment sh~l not ~ d~m~ to have b~n given to ~der'untH act~ly ~iv~ by ~der. If ~y notice ~ui~ by ~is S~ud~ ~tm~nt is also '~h]~ under Appli~ble ~w, ~e Appli~ble ~w r~ment will ~tis~ ~e cor~nding ~ui~nt ~der ~s ~u~ 16. ~v~ Law; S~bili~; R~ of Come,on. ~s ~ ~tm~nt shall gov~ by ~ law ~d ~o law of ~e j~iction ~ w~ch ~o ~ ts 1~. ~1 ~ obH~fio~ c~ ~ ~s ~ ~t ~ ~bj~t to ~y ~ ~d H~mfions of Appli~ble ~w. A~Hcable ~w ~t explicitly or impHcitiy ~ow ~e p~ m a~ by ~n~t or ~t ~ sR~t, ~t m~ sH~c~ ~1 not ~ co~ ~ a ~o~on ~t ~t by contact. ~w. ~ ~ict s~l not a~t o~er ~vlsions of ~s ~ud~ ~t or ~e No~ w~ch c~ ~v~ e~t ~out ~e ~c~g provision. ~ ~ ~ ~s ~ud~ ~s~mcnt: (a) wo~ of ~e ~c~e ~dor ~ ~ ~d ~cludc ~nd~g neu~ w~ or wo~ of ~e fete gender; ~) wo~ ~ ~e s~ sh~l m~ ~d ~clude ~e pl~ ~d vice ve~a; ~d (c) ~e wo~ '~y" giv~ sole dictation wi~out ~y obligation to ~e ~y ~fion. 17. Bo~s Copy. ~wer s~ll be given one copy of ~e No~ ~d of ~s ~u~ty ~mcnt. 18. Tm~f~ of the ~p~ or a Benefid~ Intent in Bo~w~. ~ ~ ~ t~s S~tion 18, ~ ~ &e P~pe~" m~s ~y legal or ~nefici~ in~t in ~e ~, ~clud~g, but not to, tho~ ~efi~al ~te~ ~ ~ a bond for d~, cont~t for d~, ins~l~t ~ ~nt~ct or ~cmw a~m~t, ~e ~t of w~ch is &e t~sfcr of title by Bo~wer at a ~m~ ~ to a pugh~. If ~1 or ~y p~ of ~e ~ or ~y ~te~t ~ the ~opc~ is sold or t~f~ (or if ~wer is not a ~ po~n ~d a ~noflci~ ~t ~ ~ower is ~ld or t~sfe~) wi&out ~nder's prior wdR~ con,t, ~nd~ ~y ~uire i~iate paym~t in ~1 of ~ su~ ~u~ by ~s S~ufi~ l~ent. H~ev~, ~ option sh~l not ~ exe~is~ by ~der if such ~e~ise is pmhibi~ by f~e~ law. If ~d~ ~ ~s o~on, ~der sh~ giro Bo~wer notice of ~l~on. ~e no~ca ~vide a ~od of ~t I~s ~ 30 ~ ~m' ~e ~te ~e nofi~ is ~ven ~ ~ wi~ S~fion within w~ ~w~ m~t pay ~ ~ s~u~ by ~s S~ ~t. If ~wer ~ls to pay · ~ ~ prior to &e o~i~i~ of ~s ~fi~, ~der ~y ~voke ~y ~i~ ~ by ~ ~t ~out ~ nofic~ or de~d on ~wer. 19. ~s ~ht ~ Rd~ A~ A~fion. If ~w~ ~ ~ ~wor ~ have ~e ~t ~ ~ve ~fogem~t of ~s ~u~ ~t &~n~ ~ ~y time pfi~ to ~e ~li~t of: (a) five ~ys before ~le of ~e Pmpe~ pu~t ~ ~y ~wer of ~e ~n~ in · is ~ ~t; ~) ~ch o&er ~dod ~ Applic~le ~w ~t s~i~ f~ ~ te~ation of ~wer's fi~t ~ re~e; or (c) en~ of a jud~ent enfo~g ~s ~u~ ~tm~nt. condi~s ~ ~at Bo~wer: (a) pays ~nder ~ ~ w~ch &~ would be duc und~ ~s ~nt ~d ~e Note ~ if no a~el~tion had occur; ~) cu~ ~y default of~y o~ cov~ ~m~; (c) pays ~l ox~ ~cu~ ~ e~o~g ~s ~ufi~ ~s~m~t, ~clud~g, but not l~t~ to, ~nable attorneys' f~, prope~ insp~tlon ~d valuation f~s,~~ incur~d for thc ~--6(PAJ ~.la~ P~a 12 of ls F~ 3039 3199 purpose of protecting I.~uder's interest in the Property and rights under thls Security Instrument; and (d) tskas such action as Lender may reasonably require to aasure that Lender's interest in the Property and rights under this S~e~ty Instrument, and Borrower's obligation to pay the ~m, secured by this Security InstrUment, shall con~nue unchanged. Leader may require that Borrower paysuch reinstatement sums and expenses in one or more of the foUowing forms, as selected by Leader: (a) cash; (b) money order; (c) cea'tiffed check, ba~k check, treasurer's check or cashier's check, provided say such check is drawn upon an hmtitution who~e 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 fuUy effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleratlon under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial inteaest in the Note (together with this Security Lnstrument) 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 ~'Losn Servlcer*) 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. T/~ere als0 might be one or more changes of the Loan Servicer unrelated to e sale of/he Note. [f there is a change of the Loan Servicer, Borrower ~ili be given written notice of the change which will state the name and address of the new Loan Servicer, the eddt'ess 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 Lmm 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 are not assumed by the Note pttrehaser unless otherwise provided by the Note purchaser. Neither Borrower nor L~nder 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 th~s 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/aaa notified the other pan'y (with such notice given in compliance with the requirements of Section lb') 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 thne period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cute given to Borrower pu~Uant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shaft be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. l~o~aedous Substances..As used in this Section 21: (a) 'H~rdons Substances~ are those substsnces defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile anlvants, materials containing asbestos or fonmddehyde, and radioactive materials; (b) *Environmental Law* means federal laws and laws of the jurisdictinn where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup* includes any response action, remedial action, er removal action, as defined in Enviromlteatal Law; and (d) an *Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. (~)~'*6(PA} i~e'l:tj P~, la ~' '1~ Form 3039 3159 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threa~n to release any Hazardous 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) wldch creates an Environmental Condition, or (c) which, due to the Pr~once, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The pre~ading two sentences shah not apply to thc presence, use, or storage on the Property of smali quantities of Hazardous Substances th~ are 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 wilton notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regnlato~ agency or private pan~ involving the Property and any Haza.~loos Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, hichidtog but not lira/ted to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance wh/ch adversely affects the value of the Property. If Borrower learns, or is not/fled by any governmental or regulatory authority, or a~.y private party, that any removal or other remedi~tion of any Hazardous Substance affecting the Property ~s necessary, Borrower shidi promptly take ail necessary remedial actions in accordance with Environmental Law. Netking herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to aecelerallon following Borro~v.~.'s breach of any covenant or agreement in thL~ Security Instrument (but not prior to aeenleenfion ~mder Section 18 uulea Applicable Law p..rovldes otherwise). Lender shall notify Borrower of, amon~ other things: (a) the default; (b) the action required to cure the default; (e) when the default must be em. ed; and (d) that failure to cure the default as speelfled may result .in a .e~erntion of the sums seem'ed by this Seem-lty Instrument, foreclosure by Judicial proceeding and sine of the. Property. Lender shall further inform B.o. rrower of the .rt~.ht to reinstate after neeelerntion and the right to assert in the .foredosm'e proceedin~ the non=existence of a default or any other ..referee of Borrower to a.~eroflon and foreclosure. If the default la not cured ns specified, Lender at ~ .option may require munediato payment l.n. full of.all sums secured by this Security Instrument mthout further demnnd and may foreclose th~s Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred ia pursuing the remedies prodded in this Section 22, indudi,g, but not limited to, attorneys' fees and costs of title evidence to the e~tent permitted by Applicable Law. 23. Release. Upon p~yment of all sums secured by t/tis 5ecur/ty Instrument, this Security Instrument and the estate onnveyed shall term/nato and become void. After such occurrence, Lender shall discharge ~nd satisfy this 5eeuri~ Instrument. Borrower shall pay any recordation costs. Lender may charge orruwer a fee for releasing th/a Security Instrument, but only if the fee ia paid to a third party for services rendered and tho charging of the fee is perm/trod under Applicable Law. 24. Walve~.s. Borrower, to the extent permitted by Applicable Law, waives and rele.~es any error or defects in proceedings to enforce this Security Instrument, and hereby w/fives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and side, and homestead exemption. 25. Reiostotanent Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the eommoncement of blddhig at a sheriffs sale or other sale pursuent to this Security lnatnzmont. 26. Purchase Money Mort&age. If any of the dobt secured by th/s Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shah be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an notion of mortgage foreclosure shall be the rato payable from t/me to time under the Note. BY SIGNING 'BELOW, Borrower accepts and agrees to the terms nnd covenants contained /n tiffs Security Instrument and ht ~my tider(~) executed by Bom~wer and recorded with -Borrower (Se~) (Se~l) (seal) ($~1) (s~) (S~l) ~8(PA) i~e~) p.qe 16 ef Form3039 3199 Certific.~ of R~sldence ...~ ~ I. -'~/:~---Y~I~"- ¢~ ~'~..)"L'L-~) , do h,r~by c~rtify thai thc correct address of the within-named Mortgage~ is 11350 HcCormick Road, gte. 200, Nunt Vat fey, 140 21031 Wita~ my hand this llst day of April, 2066~ COMMONWRALTII OF PENNSYLVANIA, On ~, the llst d~y of uade~ign~! ofli~, pemmally appea~d R/~PH CIq/Ma~agS CRONIg April, 2000 , be. fore mc, the known m me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the withi,~ instrument and admowledged tha~e/~hey executed the same f~r lbo purpoaea hea'ein eonta/aed. m ~ wmm~9~, ~ h .~nto ~t ,~ m.d ,,~d omehd ~d. MY C°mmt'tsmn ExPlms: R/2 3/0'~ __ Title of Omeer ~ 1~-6~ (PA) i~el 2) Form 3039 3/99 I BALLOON NOTE (Fixed Rato) THIS LOAN IS PAYABLE IN PULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT TItAT TIME, YOU WILL, TIIEREFORE, BE REQUIRED TO ~KE PAYMENT OUT OF OTtlER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH ~Y BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU T~ MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF TIlE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. 04/11/00 Mechanicsbm'g ' PA 131 t Old Willow ~11 Road Mechanicsburg PA 17055 I. BORROWER'S PROMISE TO PAY In I~tum for a loan ilia/I have receive. I p~tnise to pay U.S. $162,500.00 (lids a/nolml is called McCormick Road, Hunl VaIley, MD 2103 I, [ m~dcrstaltd thai Ibc Lender amy Irans&f Ihls Nol¢. Thc I.cnder or anyone who lakes 2, INTEREST rate of 15.150 (El Payment of Note Holder% .z and Expenses ~ -.~' 125361 If the Note Holder h~s reqnh'ed me to pay i~m~iately in ~11 as d~crib~ above, ~v Note Holder will have the right to be paid b~k by me for all of i~ ~s~ and expenses in enforcing this Note to the extent not prohibit~ by appllcahle law. ~mse exp~a~ include, for ~x~lpl~, t~onRble attorneys~ f~s. R~nable attorney's f~s shall include fe~ expcnd~ in bankruptcy p~gs filed on ~half of or against (~ NSF C~ Le4~der may charge a f~ of $15.~} ifa ch<k s0bmilted by the borrower is diabonomd on {he seceded i:c~senhnent. 7. GIV~G OFNOTICES Any notice that must be give: to me under this Note will be given by delivering il or by ,roiling it by first class mail 1o m~ at the Property Addr~s above. A notice will be deliver~ or mail~ to me at a differ~t address ill give ~h* Note Holder a notice of my differenl address. Any notice that must bo given to the Not* Ho[der trader this Note will be giv~ by imiling it by first cl~a mail to tl:e Note Holder at the address sta~d in S~tion ~(A) above or at a different address ill m given a notice of that different address, 8. OBLIGATIONS OF PERSONS U~DER T~IS NOTE If more th~ one pemon sign~ this Note, ~ch pc~son i$ Mlly ~d personally obligat~ to k~p all of the promism made this Note, including tie protffiae to pay ~e ~fi amount owed. ~y posen who is a g~mtor, surety or ~dorser of ~{~ Not~ is also obligated to do fhcs* things. ~y person who t~ over the~ obligatlo~, including ~o obligations of a guarantor, surety or endors*r of thio Notv, is size obligat~ to k~p all of the pronfiaes made in ~ia Note. ~e Note Holder may enfor~ ils rights under this Note against ~ch person individually or against all of us together. This m~ns that ~y one of us may ~ ~ulred to pay all of ~e amo~ts ow~ under ~is Note, 1 and ~y off, er p~rson who h~ obligallons nnder [his Nolo waive lhe righ~ of p~nhnent and notice of dishonor. ~p~entment" me~s the right to require the Note Holder ~o domed paym~t of amounts due. "Notice of dlsbonor" Ine~18 the ri~t to r~uke the Note Holder Io give notice to other persons that amounts due have not ~en paid. 10. ~IFORM SEC~ED NOTE This Sots is a uniform ~nzlnunenl with li~t~ variations in some jurisdictions. In addition ~o the prol~lions given tn secu~ by ~is Security Instrummd~ However, this option shall not be ~xerci~d by ~nder if exercise ]s prohibited by federal law as of the ~te of this S~urity ~ri~ of not I~s ~ 30 day~ from the dat~ the notice is de~v~l~ or ~1~ withh which Borrower must ~ay all m~ms s~nr~ by ~is S~urity Instrument. If Borrower fails to pay fl~o sums prior to the expiration of this p.tied, ~nder nmy Code of Ma~l~d, ~ a~nd~ from tim~ to time, ~d by federal law. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERS/GNED, ~LES CRONE (Seal) (S~all -Borrower Pay to the order of Life Bank ~, G~ue, Jr , Vic~esident ___(Seal) -Bm'rowvr /Sign Origami O. ty] Calmco Servicing L.P. P.O. Box 202710 Austin, Texas 78720-2710 Phone ( 800 ) 379-6398/Fax ( 512 ) 349-8515 December 12, 2000. ACT 91 NOTICE TAKE ACTION TO SAVE- YOUR HOME FROM FORECLOSURE RALPH CHARLES CRONE 1311 OLD WILLOW MILL ROAD MECHANICI~'BURG, PA 17035 This is an official notice that the mort~ac3e on your home is in default, and the lender intends to foreclose. Seeciflc information about the nature of the default is orovided in the attached oaoes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to hell) to save_ vour home. This Notice exolalns how the orooram works. To see if HEMAP can helo. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselino Aoency. The name. address and ohone number of Consumer Credit Counselino A~encies servino your County are listed at the end of this Notice. If you have anv ouestions, you may call the Pennsylvania Housing Finance Aoencv toll free at 1-800-342-2397. (Persons with imoaired hearina can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IlvIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CON'rtmN-IDO DE ESTA NOTII~ICACION OBTENGA UNA TRADUCCION INMEDITAMF_.N'r£ LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRODRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Act 91 Notice Ralph Crone Page 2 of 5 HOMEOWNER'S NAME (S): PROPERTY ADDRESS: LOAN NUMBER: ORIGINAL LENDER: CURRENT I.,ENDEPdSERVICER: RALPH CHARLES CRONE 1311 OLD WILLOW MHI~ ROAD MECHAHICSBURG, within CUiVIBERLAND COUNTY, PA 17055 1000006332 .EASTERN SAVINGS BANK CALMCO SF~VICING, LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE EUGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER EUGIBlUTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. -~;r. MPORARY STAY OF FOREi~LOSURE - Under the Act, you ara entitled to a temporary stay of foreclosura on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSEUNG AGENCIES - If you meet with one of the consumer cradit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telednone numbers of desiQnated consumer credit counselinq aqencies for the county in which the orooertv is IDeated are s~et forth at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immediatalv of your intentions. Act 91 Notice Ralph Crone Page 3 of 5 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the masons set forth leter in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the HomeowneCs Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistar~e Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. * YOU MUST FILE YOUR APPUCATION PROMPTLY. IF You FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LErI~:R, FORECLOSURE MAY PROCEED AGAINST YOUR HOME iMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbumed by the Agency under the eligibility criteda established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING pART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UD to date}. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1311 Old Willow Mill Road, Mechanicsburg, within Cumberland County, PA 17055, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments of $ 210.74.23 per month due from SEPTEMBER 17, 2000, through the date of this letter (a total of 3 months) and each month thereafter. Accrued Late Charges due after the fifteenth day of the month through the date of this letter and each month thereafte[. TOTAL AMOUNT DUE: $ ; $ 207.42 $ 381,13 $ 6,811.24 A ct 91 otice Page 4of5 [flOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHI. CH IS$6,811,24, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHtCH t~,ECOME DUE 0URtNG THE THIRTY (30) DAY PERIOD. Payments must be mede either by cash. cashisfs check, ceffff~ check or money order made oaveble atld sent to: CalmeO SelrVlcing L.P., P.O. I~ox 202710, Austin, Texas, 78720-2710. IF YOU DO NOT CURE THE pEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exer~se Ite tight~ to accelerate the mortgage deb[ This means that the entire outstanding balance of this debt will be considered due immediately and you may icse the chance to pay the mortgage in monthly installments. If full paymen~ of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to fore.teas upon your mortgaged property. IF THE MORTGAGE I$ FOREC¢OSED UPON.- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $.50.00. Any attorney's fees will be added to the amount you owe the lander, which may also include other reasonable costs, ff you mae the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIE~ - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE [~EFAULT PRIOR TO SI~RIFF~ SALE - if you have not cured the default within the THIRTY (30) DAY period and forectosure proceedlr~s have begun, you still have the right to cure the default and prevent the sale at any time up to one hour be/om the Sheriff's Sale. You may do so by payfng the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and ~;c~--ts connected with the foreclosure sale and any other costs connected with the Shedft's Sale as specified in writing by the lender and by pedorming any other requirements under the mortgage. Curing your default in the manner sat forth in this notice will restore your mortgage to the same poeitisn as ~ you had never defaulted. EARLIEb'T POSSIBLE SHERIFF'S .SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held woukt be appro~dmately six (6) months from the dat~ of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale~ Of' course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. _H~ TO CONTACT THE LENDER; Calmco Servicing, LP P.O. Box 202710, Austin, Texas 78750 Phone: (800) 379-6398 / Fax: (512) 349-8515 Contact: Loan Resolution Department Act 91 Notice Ralph Crone Page 5 of 5 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. A~SUMPTION OF MORTGAGE - You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's fees and costs are paid prior to or at the sale and that the other'requimments of the mortgage are satl6fied. YOU MAY ALSO HAVE THE RIGHT:- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITtJTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVtNG YOUR COUNTY: See attached list Sincemly, Calmco Servicing, LP SENT BY CERTIFICATE OF REGULAR MAILING AND BY CERTIFIED MAIL RECEIPT NO. 7000 1670 0013 2415 4201 Booker T. Weehi~'..,~.t Center 1720 Holhnd Sleet l~-ie, PA 16503 (014) 453-5744 FAX (814) 453-3749 Shenango Valley Utbnn ~ Inc. 601 lndlana Avenue Farrdl, PA 16121 (4]2) 981-5310 139-143 C~i~!~ FAX (717) 334-8326 CCCS ofW~s~n P~.,,,~y~vania. lac. 2000 t.insb~tmsn R~d Hardslm~, PA ]7102 (717) 541-1757 YWCA of Cm'tisfc 301 G Street Ca,isle, PA ]7013 ('/17) 243-3818 FAX (717) 731=9589 Jolm F. Kennedy C~ter, ln~. 2021 East 20th ~trnct Erie~ PA 165]0 (814) 898-0400 FAX (81.4) 898-1243 Fimmcial Counseling Se~iccs of Frnklln 31 West 3rd Street W~yn~b'oro, PA 17268 (717) 762-3285 C,.~.,umity Action of the Capital Region I$14 I~ StreL"t Harr~burg PA 17104 (717) 232=9757 ~AX Ut~) ~4-Z~27 7000 1670 0013 2415 4201 VERIFICATION The undersigned, a foreclosure processor of Calmco OP LLC, General Partner to Calmco Servicing, L.P., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Amended Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: Name: Ashley IStephenson Title: Foreclosure Processor Company: Calmco GP LLC, General Partner to Calmco Servicing I~P SHERIFF'S RETURN CASE NO: 2001-01430 P COMMONWEALTH OF PENNSYLVA_NIA: COUNTY OF CUMBERLAND DLJ MORTGAGE CAPITAL INC VS CRONE RALPH CHARLES - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CRONE P~ALPH CHARLES the DEFENDAiqT at 0018:35 HOURS, on the 15th day of March , 2001 at 1311 OLD WILLOW MILL ROAD MECHA/qICSBURG, PA 17055 by handing to R3~LPH CRONE a true and attested copy of COMPLAINT - MORT PORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 2O 00 10 00 00 34 20 Sworn and Subscribed to before me this ~-- day of ~ R_W) A.D. Prothbnotaryi , · So Answers: R. Thomas Kline 03/16/2001 BARBARA FEIN By: THE LAW OFFICES OF BARBARA A. PEIN, Barbara A. Pein, Esquire / I.D. No. Kristen J. DiPaolo, Esquire / I.D. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff 53002 No. 79992 DLJ MORTGAGE CAPITAL CORP., Plaintiff, RALPH CHARLES CRONE, Defendant. COURT OF COMMON PLEAS CUMBERL~kND COUNTY NO. 2001-01430 PRAECIPE TO DISCONTINUE CIVIL ACTION TO THE PROTHONOTAi~Y: Kindly mark the above referenced matter discontinued without prejudice to Plaintiff. April 11, 2001 THE LAW OFFICES OF BARBARA A. BY: FEIN, Barbara~~A. Pein, ~s~ire - Attorney for Plaintiff Attorney I.D. No. 53002