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HomeMy WebLinkAbout01-05749 i'" , \' , ~--w<o"'<l'.=," t SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-05749 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS BARTON DALLAS R. Thomas Kline , ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent E:earch and inquiry for the within named defendant, DEFENDANT DALLAS BARTON but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DALLAS BARTON PER POST OFFICE, LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.25 5.00 10.00 .00 36.25 Sworn and subscribed to before me this iP' If day of @ct;;:L ;L/Jt}! A.D. ~a,_f1'hAJ/~ ~ Pr t onotary , " ~. R Thomas Klin Sheriff of Cumberland County SPEAR & HOFFMAN 10/09/2001 '1 ~ , _'~O'~ ,F"~'! . ~.', . l , R. THOMAS KLINE Sheriff EDWAP.O L, SCHORPP SoJiC1l0r To: ;U;~ v.'0-W &;~ oJ QCumJj", . ~l'[crJ-. . 1.0- "... ?~- .._,_~~c;:.,~: ,..;, ',e' . :::':-.:.:. ..:.::~... ~:~d:"'''>'';;: "~~.:2/'~' ':';' :~}%. . ~~~"!"';"'$' ~,...;, ".. ~~~ t\\)) RONNY R. ANDERSON Chiel Deputy PATRICIA A, ,SHATTO Real Estate Deputy Please furnish this agency witll the new address, ifavarlable, for the following individual or verify whether the address given below is one at whicb mail for this individualls currently being delivered. [[the following_address is a post office box. please furnish the street address as recorded an the boxholder's application form, . J Name: 2),4/.4s /.5.4'rW Last Known Address /7C M./k 2r,'~1t?~ ~ ~./~ ":ifi",' -' OFFICE OFTHE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 Agency Comrol No. Date: /~~~/ Address Inform.3tion Request I certify the address information for this individual is required for tbe performance a his agency' Ii official duties. FOR POST OFF1CE USE ONLY ( j MAIL IS DELIVERED TO ADDRESS GIVEN ( j NOT KNOWN AT ADDRESS GIVEN .i)l:.'/"18, ED, LEFT NO FOR WARDfNG ADDRESS () NO SUCH ADDRESS ( ) OTHER (SPECIFY): .Agency Return Address , NEW ADDRES'f>(,..-::.[...:> .:fe -\"t-1 \<--Vv\ ~Vl !'v~....,)v'..\\C rt\_" \ \'10'" ' BOXHOLDER'S STREET ADDRESS PostmarkIDate Stamp Address information Request (Required Format) Exhibit 352.44b ' 'v':"'* '.". " ,."~,, '" I ~ , ,~,~ ._-~ ~1f - - ~~~ l Spear & Hoffinan, P.A. BY: BONNIE DAHL, ESQUIRE Attomey J.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No, : 5971442289 WASHINGTON MUTUAL BANK P,O, BOX 1093 NORTHRlDGE, CA 91328:1093 PLAINTIFF, . COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01- $?l.fr GUl{~~ vs, DALLAS BARTON 176 WOLFS BRIDGE ROAD CARLISLE, P A 17013 DEFENDANTS COMPLAINT - CNIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims setforth in the following pages, you must take action within twenty (20) days after this complaint and notice arc served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU.CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 --- TRUE COpy FROM RECORD In Testimony whereof. I here unto set my hand and the ~~ said Court at Carlisle. Pa. Thl~,,_oa!tJ.~~~ .r -,'-,,"'--~- {~I ,'. , , .., . '1 . ~ ; ;"1"""1',""1 A VISa Le han demandado a usted en la corte, Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Race falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus cbjeciones alas demandadas 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 0 notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros dereches importantes para usted. LLEVE ESTADEMANDAA UN ABOGADO INMEDIATAMENTE, SINO TIENE ABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUlR ASISTENClAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 171 03 (717) 249-3166 '''~., ,~ .- 1 Spear & Hoffman, P,A, BY: BONNIE DAHL, ESQUIRE Attorney LD. No, 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No, : 5971442289 WASHINGTON MUTUAL BANK P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. vs. DALLAS BARTON 176 WOLFS BRIDGE ROAD CARLISLE, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff is WASHINGTON MUTUAL BANK, with its principal place of business located at P,O. BOX 1093, NORTHRlDGE, CA 91328-1093. 2. The names and last known addresses of the Defendants are: DALLAS BARTON, 176 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, 3, The interest of ~ach individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both, 4, On or aboutJANUARY 4, 2001, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to W A YPOINT BANK, which Mortgage is recorded as follows: Office oithe RecGrder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: JANUARY 4,2001 DATE RECORDED: JANUARY 19, 2001 BOOK: 1664 PAGE: 905 The Mortgage is a matter of public record and is incorporated herein as provided by Pa, R.C.P, 1019(g), A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference, 5, On or about JANUARY 4,2001, in consideration of their indebtedness to WAYPOINT BANK, DALLAS BARTON made, executed and delivered to W A YPOINT BANK their promissory Note in the original principal amount of $90,000,00, A copy of said Note is attached hereto as Exhibit "B" and 1 - ~ ~"l~"'1"'"' - ," ~-~, - ~~ - -. ~=u_ ~'= lit -- 'l"[~-!Jr:l --'_' T-LliIJ , incorporated herein by reference, The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage, 6. Plaintiff isthe legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: W A YPOINT BANK ASSIGNEE: PNC MORtGAGE CORPORATION DATE OF ASSIGNMENT: JANUARY 19, 2001 RECORDING DATE: JANUARY 19,2001 BOOK: 664 PAGE: 813 7, The Mortgage is secured by property located at 176 WOLFS BRIDGE ROAD, CARLISLE, P A 17013, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference, 8, The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due 04/0 I/O I and monthly thereafter are due and have not been paid, w'lereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), Imd costs of collection including title search fees and reasonable attorney's fees, 9, The following amounts are due on the Mortgage: Principal Balance $89,922.51 6.75% interest from 03/01101 to SEPTEMBER 25,2001 at $16,63 per day $3,475,67 Accrued Late Charges $58.38 Other Fees $15,50 Attorney's Fees $2.829.50 TOTAL AMOUNTDUE $96.301.56 Interest continues.o accrue at the per diem rate of$16.63 for every day after SEPTEMBER 25,200 I that the debt remains unpaid. 2 ':'"''''''1''' ,r", ~_.__ . , - ~ ~ ".~ ~, - -,,," .'F' """ . "~-, ~- . 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. The original principal balance of the Mortgage is in excess of $50,000,00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. 9403 is not applicable. 12, Pursuant to the notice provisions of Act 91, 35 P,S. 91680A03(c), notice was sent to Defendants, dated MAY 9, 2001, Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice andJor have further failed to meet the time limitations specified in the notice andJor have been denied assistance from the Pennsylvania Housing Finance Agency, 13, Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D", WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after SEPTEMBER 25,2001 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together With all costs of suit and any money hereafter expended by the Plaintiff in payment oftaxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights anq privileges granted under the terms ofthe subject mortgage, and for foreclosure and sale of the Mortgaged propertY, DATE # I SPEAR & HOFFMAN, P.A, ~~ 3 . ,"", -' ~~~';"'"'i"", "! ~~" . "" ~ , ~~~ - "' - , VERIFICATION I, BONNIE L. DAHL, verify that! am the attorney for the plaintiff in this action and thatthe foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and.belief. I make this verification in lieu ofW ASHINGTON MUTUAL BANK, who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subj ect to the penalties of 18 Pa,C,S.A. 94904 relating to unsworn falsification to authorities. r/H /d I DATE' A avtfi/? t/ BONNIE L. DAHL Attomey for Plaintiff .' -"1'''"''''" ''''',__.,_ . ~ " , " . '_0_ ~~ . e. .,."~ .' .-- TA-y I D (J I) t!'1-U-!Ip'7{D CjJJ{hd CcffJ ~lJJtMjJ, ~ Iluil1!\ Return To: Bank WayjXlint 101 Scuth GEorge St York FA 17401 !illN: Post-closirg P?a~:Miiler' 101 Scuth George St York FA 17401 YF SETTLEMENT SERV1CES, LLC 1940 Carlisle Road, 2nd Floor L- York..PA 17404, ,-/ Parcel Number: [Space Above This Line For Recording Data} ~ rs.s II ~ 1 MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document, which is dated Jaruary 4, 2C01 together with all Riders to this document. (R) "Borrmvcr" is [a]Jas Eart.ct1 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WayJ:oint B3nk Lender is a Coqxlratirn PENNSYLVANIA ~ Single Family. Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 3199 ~ .6(PAI 19912).01 @ PlIge1of16 IO;"""(}.L \JMP MORTGAGE FORMS. 18001521."1291 '-"~"--=~W, 1 11 ,. '<-, ~ t" .- .~ organized and existing under the laws of 'TI:e Unite:i States of Pirerica Lender's address is ro Eox 1711, Hat:risbJrg PA 17105 . Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated Jaruary 4, 2COl The Note states that Borrower owes Lender Nirety 'lh:usarrl an:i CD/l00 Dollars (D,S, $ 'Xl,CCXl.CD ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later thanFeh:uary 1, 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property, " (F) "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. (G) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower [check box as applicable]: o Adjustable Rate Rider o Balloon Rider o VA Rider o Condominium Rider 0 Second Home Rider o Planned Unit Development Rider 0 1-4 Family Rider o Biweekly Payment Rider [i] Other(s) [specify] Ride!:' to PaL"i',l-ilt.lt 19 arrl Pd vate MJrtgage Jnsu!:'<Jro lE2al IEs:riDtioo (HI "ApplicaBle Law" means all controlling applicable federal, state and local statutes, regulations. ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments. and other charges that ~e imposed on Borrower or the Property by a condominium association" homeowners association or similar organization. (J) "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. (K) "Escrow Items" means those items that are described in Section 3, (L) tll\tIiscellaneous Proceeds II 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. (1\1) 11Mortgage InsuranceH means insurance protecting Lender against the nonpayment of, or default on, the Loan, (N) "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. "";",,M ~-6(PAI (9912).01 '" Page 2 of 16 Form 3039 3/99 ;<.""'~ ~ ....,..,..... ~"'"" ifflJlTl "',~, e ~ ," '.' "~ .-' (0) "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, (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security 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 Lender the following described property located in the Ccunty [Typo of Recording Jurisdiction] of Qnt:edBrrl [Name of Recording Jurisdiction]: See Atta:hrllEgal D=riptim which currently has the address of 176 Vblf's Bridge Rarl Carlisle (" Property Address "): [Street] [Zip Codel ICity] , Pennsylvania 17013 TOGETHER WITH all" the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of lhe 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." ~.6(PAlI99121.01 '" "'i"",,2L Page J of 16 Form 3039 3/99 "'-,' ,~ ~- ....k" ~- 'I --J"<:::Ii' ~-__ 'e' ..- f_',' I; 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, Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under 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 principal balance under the Note inunediateIy 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 first to late charges, 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 3 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 can be !' i:,:i I:: I'" ! 0-6(PA) (99121,01 '. ,,,,,",,,i/? P3(l1!40116 Form 3Q39 3/99 -'~)""""_'!,,'F""""_ '1, , .r " ,"'~T ^ l~~' " . . ." , paid in full, To the extent that any excess eKists after the payment is applied toule full payment of one or 1110re 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 ule due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. 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 Proper'ty, if any: (c) premiums for any and all insurance required by Lender under Section 5; 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 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, 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 lUJder 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 IS and, upon such revocation, Borrower shall pay to Lender all 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 RESP A, 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 instirution 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 [he 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 3J1Y imerestor earnings on the Funds, Borrower and Lender can agree in writing, however, that interest <0: -6(PAl (9912\.01 '. P~ge 5 of \5 ,""'",,& Form 3039 3/99 "''''''ll'iW l; ~,_. " ~ " " 1 , . ., !Xr"~'rl>rr'_"_. . "-:'~, ~ "",~.",-, ,.,_,,'d" ",_ ,~, ~ . . shall be paid on the Funds, Lender shall give to Borrower, without charge, an lliIDual accounting of the Funds as required by RESPA, ff there is a surplus of Funds hejd 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 RESP A, but in no more than twelve monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more 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. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Propeny which can attain priority over this Security Instrument, leasehold payments or ground rents on the Propeny, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that the,se 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 a one-time charge for a reai 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 Joss 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: (aJ a one-lime charge for flood zone determination. certification and tracking services; or (b) a one-time charge for flood zone determination lli1d certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, 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. to-6IPA) (99121.01 '. ,,,,,,",,,!!!i: Form 3039 3/99 P~ge (, 01 16 - -, ," ,"' . .'~ _.. I': [f 80rrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but mignt 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 effecl. 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 tne 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 standard 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 resloration 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 Dr in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or ea...'TIings on such proceeds. Fees for public adJusters,. or other third panies, 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 ea) 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 (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering 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 the Property or to pay amounts unpaid under the Note or this Security [nstrument, whether or not then due, O~6(PA) (99121.01 '" Page 7 of 16 ,,,,,,,,,P Form 3039 3/99 ''''''''''''-,,~. ,~ "- , ~"lf[jj'mlnh'" .~. ,~~~'" '.' .- 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall conlinue 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 shall not destroy, damage or impair the Property. allow the Property to deteriorate or conunit 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 tlle interior of the improvements 011 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 ahandoned 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, erirninate 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, ~.6IPA) 1991:11.01 '" PageBnf16 ;J ",,,,,,,.!2Ii- Form 3039 3/99 "'"""Y"'l"""'" I~" " - ~~,~~",~ . . Any amounts disbursed by Lender under this Section 9 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. 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 a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable. notwithstanding the fact that 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 paymems toward the premiums for Mortgage Insurance, Borrower shall pay the preminms required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for snch termination or until termination is required by Applicable Law, Nothing in this Section TO affects Borrower's obligation to pay interest at the rate provided in the Note, 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Misce!1aneous 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. Lendermay 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 MiscelbUleous 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. ~-6(PAlI9912.l.01 '" Page 9 of 16 ,,,,,,",,,/Jd Form 3039 3/99 'r'''''''''''''-' - -, , ~ 1''''''''- ,-~-", - ~, . .'-C. 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 Joss 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 panial 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. tnan the amount of the sums secured immediately before the partial taking, destruction, or Joss 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 Opposing 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. "Opposing 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 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's imerest in the Property or rights under this Security Instrument.. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Propeny shall be applied in the order provided for in Section 2. 12. Borrower Not 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 be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or 0-6(PAl (99121,01 ," '"''',',~ Form 3039 3199 P~ge 10 01 Ifi . , . . ~ . "':".- 1-' , -' ' -'< '.' ~~- . '. -..' 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 obligatlons 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 terms of this Security Instrument; (b) is not personally obiigated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security 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 all of Borrower's rights and benefits under this Security Instrument. Borrower shall notbe released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such retease 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 charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including. but not limited to, attorneys' fees, property inspection and valuation fees, In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited bylhis Security Instrument or by Applicable Law, If the Loan is subject to a law which sets maximum loan charges, and that law is finally i.nterpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any 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 charge (whether or not a prepayment charge is provided for under the Note), Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a, waiver of any right of action Borrower might have arising out of such overcharge. 15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in cOlmection with this Security Instrument shall be deemed to 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 anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The nOlice 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 reponing 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 Instrum<:nt at anyone time. Any <D~6(PAlI99121.01 .., ,,,,,,,,,/};Y rilgr.l1Ql16 Form 3039 3/99 """",.",..",,~,~ -,;." .*'"' ~~-"~~:"''''"' ,^' ~- , ~ e'T1i."'''~ '1'1 '., ,--",--", ~ " '. .~- notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address sqted 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 beeD. 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. AU 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 provisionor clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or tbe Note which can be given effect without the conflictiD.g provision, As used in this Security Instrument: (a) words of the masculine gender shall mean and [nclude corresponding neuter words or words of the feminine geD.der; (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 sums 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 15 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 hy 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 condilions are that Borrower: (a) P"ys 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 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 <@:-6(PAlI9912l.01 @ P~gP. 12 01 \ 6 I".,,,,,M Form 3039 3/99 i;W""_.... ,_, _ ~"' .. '~Yirto1~'F)lr!fi';'c' - ~:",,, , - ~. " ., ~,'" >" - - .~- . .~ 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 Bortower'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 remai~ fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. 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 are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) 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 eiapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petrol cum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldebyde, 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" m'eans a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ~-6{PAlI99121.01 "' ,"";,,,j)jJ PagelJ,)f16 Form 3039 3/99 " " - i;Y~~'~1)j',,!" (,t'""1 _of ~. ~ .~ - ~- < '. .'..~ Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten 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) which creates an Environmental Condition, or (c) which. due to the presence, use, or reJease 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 Propenyof small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residemial 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 pany involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited 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 which adversely affects the value of the Propeny .If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, 80rrower shall promptly take all necessary remedial actions in accordance with Environmental Law, Nothing herein shall create any obligalion 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 acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to 3ccelerutio_n ,under Sectioil 18 unless Applicable' Law provides otherwise). Lendet" shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when tbe default must be cured; and (d) that failure to 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 tbe 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, Leilder at itS option may require immediate payment in full of all sums secured by this Security Instrument withont further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be. entitled to collect all e.."penses 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. Leuder may charge 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 to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Securitv ~~, ' . 26. 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. Borrowe~ agrees that the interest rate payable after a judgment is entered on the Note or m an actIon of mortgage toreclosure shall be the rate pavable from time to time under the Note, . ~~-6lPA) (99121.01 ?<lge 14 oj 16 Inltlllls.M Form 3039 3/99 ;W"''f"'''''''''''''' .. ~ ,~.~.~' l' - . . 'if' ,"""<' -'~NIT "If'~'"j' ", ""~ _,c ,,-.-~~. '. .- 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: UllllMll L fulfuJ :1 ".6(PAI !99121.01 " >"')"-~-, ~- ,_ .0_.'-. 1 '"' ~- (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower 2J~~~ Cal.las Bartrn P3ge150116 (Seal) .Borrower (Seal) -Borrower (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower Form 3039 3f99 ;;! '''.'1 ',~ , _H' . f'!"'''''''''''''''' l ~- -, '" , ,.,: C"" Certificate or Residence !, rY!C.LlSS!'\ e.. \'YIlllc, . the correct address of the within-named Mortgagee is , do hereby certify lhat ro Eox 1711, H9J:rishlrg FA 17105 Witness my hand this 4th day of Jaruary, 2C01 hLctl-lJAA L rut[~ Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, C1.L..('i\_X)VL. lCl--\LJJJ\ County ss: On this, the 4 day of Jaruary 2OJ1 undersigned officer, personally appeared raJJas Partcr1 , before me, the . b~w=~ satisfactorily proven to be the person(s) whose nameCs)@re subscribed to the within instrument and acknowledged th hels elthey execured the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, My Commission Expires: PluJ la~lL~~0 ~O RLlblL~' Notarial Seal W Melissa C, Miller, Notary Public est Manchesl Co unly m sa expires May 11, 2004 Member, PennSYlvanlaAss0ci8tionol NoIar1es ~.6(PAI1991:l.1.01 '" I"",,,,M Page 160116 Form 3039 3/99 r,~-~ ., - ". = ,--- A-'""'" '''''u'l'''' ~"'-r -, "" ,"- . .'~ , ' ,-- 01-7 (-~~2 'L((-' NOTE Jaru9r{ 4, 2CXll [Datel York [Cityl P lvaniB ~1 176 \\blf's Bridge Ra3.:l, Car:lisle PA 17013 [Property Adurt:ssJ l. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U ,S, $ 9J,<XD.oo plus imerest, to the order of the Lender. The Lender is Wayp:lint B9nk (this amount is called "Principal "), I will make all payments under this Note in lhe form of cash, check or money order. I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder," 2, iNTEREST Inlerest will be charged on unpaid principal umil the full anlount of Principal has been paid. I will pay interest at a yearly rmeof 6.7:D%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a paymem every month, I will make my monthly payment on the 1st day of each month beginning on M3rch 1, 2001 ' I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on Fe1:ruary 1, 2031 . I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date," I will make my monthly payments at to !'ox 1711, HarrisbJrg PA 17105 or at a different place if required by ii1e Note Holder. (B) Amount oi Monthiy Payments M_y monthly payment will be in the amount of U.S. $ 583.74 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due, A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the NOle Holder in wriling that I am doing so, I may nm designate a payment 3.5 a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or panial Prepayments without paying a Prepayment charge. The Note Holder \vill use my Prepayments to reduce the amount of Principal that I owe under this Note, However, the Note Holder may apply my Prepayment to the accrued and unpaid intere" on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Nme. If I make a pZLrtial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, MUl T1ST A TE FIXED RATE NOTE.Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Q .5N {00031 '. VMP MORTGAGE FORMS- P,jQlll'll) Form 3200 3/99 1800l521'7291. ,} i 'd 1~\II'~!S:~ ~,','~ "'~".- ^ ~"'" -, ,. ,. ,- ,_0 ..,.".,. "Y,)'.',''-=, ~'; "'N".'"'' ,',.",.'""~ . .....T..'" .' " 5, LOAN CHARGES [f a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or orher loan charoes collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge o shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me, If a refund reduces Principal, the reduction will be treated as a panial prepayment. 6. BOn..RO\VER1S FAILtJRE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthiy payment by the end of 15 afrer the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be S.CXXl my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment, calendar days % of (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice relling me that if I do not pay the overdue amount by a cenain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notiee is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described. above, the Note Holder will still have the right to do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have'the right to be paid back by me for all of its costS and expenses in enforcing this Note to the extent not probibited by applicable law, Those expenses include. for example, reasonable attorneys' fees. 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Hoider Q. notice of my differe11l address. Any notice that must be. given to the N~te Holder under this Note will be given by delivering it or by mailing it by first ciass mail to the Note Holder at the address stated in Section.3(A) above or at a different address if I am given a no"tice of that different address, g, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay rhe full amount owed, Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note, The Note HaIdet may enforce its rights uncler this Note against each person individually or against all of us tOgether. This meuns that anyone of us may be required to pay all of the amounts owed under this Note, 9, WAIVERS I and uny other person who has obligations under this Note waive tbe rights of Presemment and Notice of Dishonor. "Presemment" means the right to require the Note Holder to dem,md payment of amounts due, "Notice of Dishonor" means the righl to require the Note Holder to give notice to other persons that ::L.'110unts due have not been paid. ~. .. -;;:', "-, ,/-7~' / /.. /,y .,/}<7 ~",.../;?'7~ , ,~A/ c // 'f// c:r!/ (... .p'/ ',-, " V./ ~..5NIOOa3) '!} Form 3200 3/99 P,JgH2\lfJ 1<1111;115: :#I~?;'"I" .n_ ""1..-..r .. '[ ,~, ,. ~III! , '"" . '~'~'lJ '.iT~ C' . -"~' " 10. UNIFORJ'vl SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this NOte, Thm Securiry Insrrumem d.escribes how and under what condItIOns l may be required to make immediate payment in full of all amounts I owe under this Note, Some oftbose conditions are described as follows: If all or any part of the Property or any Interes, in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interesr in Borrower is sold or transferred) without Lender's prior written. consent. Lender may require irrl...nediate p:::.yment in full of all sums secured by u1is 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 accelermion. The notice shall provide a period of not less tban 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by tbis Security Instrument. If Borrower fails to pay these sums prior to tbe expiration of rhis period, Lender may invoke any remedies permitted by this Security Instrument without furtber notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ,1"'1' I"'! /, /f ;/':1~ iA~t/~~ Mlas Barten (Seal) (Seal) ~Borruwer -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Se3i) -Borrower (Seal) (Seal) -Borrower ~Borrower Pev lO U-....., r, '~_ . , '..... ",I"'e' 01' r.,......' '.';tithouct/C:;'!,,;C."~O~~~~') N' .'\:'\:,~:,~.:~\rl;"~::~:;" ':':; CORP OF AMERICA ~\,,, _'/,] _/\ ,.-,,,\!, r NK ' '-/,.'" t:.-tJ f\lame: '0 '€ien/ u; 't.. itic.( Title - Assi::;canc = .:::.ecr:eLdLY - ! Sign Original On1.v) C -5N !0003) '" P~gc 3 of 'J Form 3200 3/99 ;""F,W",,~~ '~T ",,~ - J:'T".-(,",.-~~t[rr-" ,,,,--:,, (-:""ff "'"-,-. -, . -, ,,' 8 '. EXHIBIT "A" .'~' " ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in Middlesex Townsnip, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stake on the western side of a private right of way 50 feet wide on the dividing line between Lots Band Con lb.e hereinafter mentioned Plan of Lots; thence by said dividing line North seventy-seven (77) degrees thirty (30) minutes thirty (30) seconds West, three hundred seventy-five and seventy-six hundredths (375.76) feet to a stake; lb.ence by land now or formerly of John L. Peffer and Joyce Durnin Peffer, North thirty-nine (39) degrees fifteen (15) minutes one (0 I) second West, one hnndred twelve and six hundredths (J 12,06) feet to a stake; thence by the dividing line between Lots C and D on said Plan of Lots, North eighty-four (84) degrees thirty-nine (39) minutes five (05) seconds East, two hundred seventy-nine and one hundredth (297,01) feet to a stake on lb.e western side of the private right of way 50 feet wide aforesaid; thence by the western side of said private right of way South thirty- nine (39) degrees thirty (30) minutes East, two hundred fifty-one and fifty hundredths(251.50) feet to the Place of BEGINNING. Containing 1 acre. BEING Lot C on tile Subdivision Plan of John L. Peffer and Joyce Durnin Peffer, his wife, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 36, Page 116, BEING the same premises which Dallas Barton and Cindy L. Barton, husband and wife, by Deed dated the 15th day of June, 1992, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 24th day of June, 1992, in Record Book S-35, Page 1097, granted and conveyed unto Dallas Barton and Cindy L. Barton, husband and wife, UNDER AND SUBJECT TO restrictions .and conditions as now appear of record, TAX MAP (21) 07-0467-004F _ ~d"' )C' r ("""(:J,._,,Z_<- ,0 'l'~ r ..1 lJ j) - ~ ~ - . , - , ,""~ , .' NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. (the Act) 15 US,C, SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Ar!y and.all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2, The amount ofthe debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity ofthe debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of th~ debt and a copy ofthe verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a:wdten request to the creditor's law firm within the thirty (30) 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. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. , . -\ " " -.' " ,~, _ ,,, I" ,-- r ,~ ." ~ ~ ~ ;.', I'" I" "";'./6(:[; ,?':iir,~r il:iJIIJ~;ro" , -'t,: ::lr' "'" _ i~ ~"....,~,~JjjW~'~1f'!:r~ ,~" , 1 '" '!lilrurTJ~'f'll""'''M!lIff'iT m" :"1[lf&~lli'~t1 J '. . ~' [f\fi\ 29l ~ m 'ip ~;j /jflt~ . \i " , ' I ( ',IV'] j '" ,'() E 130 'fJJ '"I:t.i(J 1I,~rIHl\I~U!!J~A$4:t!~~~f"V<i!''-''~~''''n--vM~~i~l:J,J~'_''''''j,'i,''- -""""~"'"<-:Y"~;":- ,'. )'"'"~''''-~'lWl\'~i'''r''~''~~;f'''~~fflitr~'f1f;'!F,,'<ii:;WP~fF;';!'f!(?l'i~~f,' ~~^: -T --:"^ , , '-{ .-', , "J ,0" "'! <: ): ^i~ o ;". l ;,; J,; ',--' 5 'I il ~1...i Spear & Hoffman, PA BY: BONNIE DAHL, ESC;IDIRE Attorney J.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff W ASHJNGTON MUTUAL BANK PLAlNTlFF, vs, DALLAS BARTON DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5749 CIVIL TERM PRAECIPE TO REJNSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONbTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter, . "'1-;'__~,<,"_~, ~ ""'~f1'-"""--._,,,<v,._-!,,, t-- '1., "-'-',0"-"-1' ,'_",I' ~'~,-~ ~<(, ',"_r-'~'L __"~_-,'~'~--'- I" ,." SPEAR AND HOFFMAN, PA ~J2~ "- BONNIE DAHL, ESQUIRE -. "--"Y'__ .-- , '_"""',_"', ~_~,~' " ,-'- ,>l-=<~~_ _ ''',,,,,"_''9,,,,,"'___ ' -<L >l is- B/J ~-~"" =.',"','"'".';' ,",,~-';' ,. --->-~-".,-",,,-,y.--:-.,.,,,,---;--;>,,-._-,,.------,-../..,--~-- , "cC, "'" '" "C' '"'' llllL r IrTc".t,f.IW"'i'(ll"tifi.illiiiri1<lij,,,,,~i''.iiiiilll'il{!~{Iil/i!l1'l\~,ll:il'B (') C) ~, c:, " , , , :1:: '- V 1-'" :::l ..1,_" rnr-ri , Z=-:C' Z , ('''.) s;: ,,-, (_'c '- c;: 3>r, '..' z -< --'"~ )>(~ ::^? f; -~ b ~ ~'D '0 =< ,,,,...,,, ~~"J~J~'~'II~J'~~~_]r,_, ~_,," ~~IJ_U~;!'~,~..",~~~ _ p,_ ,,~'!)~,_. _ _::~~~< ~"''"~~.~',,'- ~ . SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2001-05749 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS BARTON DALLAS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DALLAS BARTON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 2nd , 2002 , this office was in receipt of the attached return from PERRY 1B.00 9.00 10.00 55.40 .00 92.40 01/02/2002 SPEAR & HOFFMAN :~.~,...,:;? R. Thomas Kllne Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County So Sworn and subscribed to before me this 1 ~ day of ~"'7 ;l ov.L A.D. ~a~/ prothonotaty~ '<#v.{[.,,,",, c _~., ~, _O~ " ."" -.- "",..""'.",,,,,,,,,'.",.,,,,,,,,""" , - 'FC r_.:~ -:' ''ft~~ " "I :,1 , ,:J :1( '~ :~. ;'r"-'~'-F_w_ SHERIFF'S RETURN In the Court of Common Pleas Ofthe 41" Judicial District of Pennsylvania-Perry County Branch Washington Mutual Bank vs Dallas Barton 6 Tront Lane Marysville, Pa. 17068 NO. 01-5749 George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant( s) to wit Dallas Barton but was unable to locate himlher in his bailiwick. He therefore returns the Re- instated Complaint in Mortgage Forclosure ,as to the within named Dallas BartOli NOT FOUND. Defendant lives in North Carolina. Sworn and subscribed to before me this 3bf day of Oa.".",itu , 2001. 7'flM(jt4d: '{1.~ciP-t (J I iI1lTARIAl SEAl- MARGAffET E fliCKINGER, NOTARY PUBLIC BLOOMFIHD BORO., PERRY COUNTY MY C MMISSION EXPIRES FER 16 2004 'g' .F<~ Sheriff of Perry County " '. ;-~ , z;;""*j(~~"":'~:0i"f~'"ri' '''. ,---- '1" -" --,~._~--. ",' r - ,-- r .. In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Dallas Barton SERVE: same No. 01 5749 civil Now, November 30 , 20~, I, SHERIFF OF CUMBERLAND COUJ'\rTY, PA, do hereby deputize the Sheriff of peny County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. '~~:-~~~ Sheriff of Cumberland County, P A ji' , . ~ X ,1 Affidavit of Service !-: ;i' Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ,0' , ". 1 ' <_""Il . ,',-I :"'~ "'"",-""~~r "~, Spear & Hoffman, P .A. BY: BONNIE DAHL, ESQUIRE Attorney J.D. No, 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No, : 5971442289 WASHINGTON MUTUAL BANK P.O. BOX 1093 NORTHRIDGE, CA 91328:1093 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY' DOCKET NO, 01 - S?1./9 vs, DALLAS BARTON 176 WOLFS BRIDGE ROAD CARLISLE, PA 17013 DEFENDANTS COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE (!I();L'T~ 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 wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FlND OUT WHERE YOU ,CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 71 03 (717) 249-3166 , TRUE COpy FROM RECORD In Testimony WhSf<lOf, I herlll,mto set my hand indthe seal of said Comt at Carlisle, Pa. ,,-Th~ odapG~.;~-, ~ , . othonotary .~~ ~ ,..",. , - - (") S;: 2~r/; ,~ () H a i".~) -{ :-'--, " U-) G-) r::: ~: 1~,;" -<c.... ~f;: i.._ . ., """.; :;J --.-: :D ..< CA) . "''1'''-'''' ;~1. A VISO Le han demandado a usted en Ia corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza a partir de la fecha de Ia demanda y la notificacion, Hace falta asentar una corrmarencia escrita 0 en persona 0 con un abogado y entregar a Ja corte en forma escrita sus defensas 0 sus cbjeciones alas demandadas en contra de su persona. Sea avisado que si usted no se defiende, Ja corte tomara medidas y puede continuar Ja demanda en contra suya sin previo aviso 0 notificacion, Ademas, la emie puede decidir a favor del demandato y requiere que usted cwnpJa con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros dereches importantes para usted. LLEVEESTADEMANDAA UN ABOGADO INMEDIATAMENTE, SINO TIENEABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 ,,- "'- - " o~ ,,,^~,:j Spear & Hoffman, PA BY: BONNIE DAHL, ESQUIRE Attorney I.D. No, 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No, : 5971442289 WASHINGTON MUTUAL BANK P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO, vs. DALLAS BARTON 176 WOLFS BRIDGE ROAD CARLISLE, P A 17013 DEFENlJANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WASHINGTON MUTUAL BANK, with its principal place of business located at P,O, BOX 1093, NORTHRIDGE, CA 91328-1093. 2. The names and last known addresses of the Defendants are: DALLAS BARTON, 176 WOLFS BRIDGE ROAD, CARLISLE, P A 17013, 3, . The interest of ~ach individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both, 4, On or about JANUARY 4, 200 I, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to W A YPOJNT BANK, which Mortgage is recorded as follows: Office of the RecGrder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: JANUARY 4,2001 DATE RECORDED: JANUARY 19, 2001 BOOK: 1664 PAGE: 905 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g), A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference, 5, On or about JANUARY 4,2001, in consideration of their indebtedness to WAYPOINT BANK, DALLAS B~TON made, executed and delivered to W A YPOJNT BANK their promissory Note in the original principal an10unt of $90,000,00, A copy of said Note is attached hereto as Exhibit "B" and 1 - -",- incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage, 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: W A YPOINT BANK ASSIGNEE: ,PNC MORTGAGE CORPORATION DATE OF ASSIGNMENT: JANUARY 19, 2001 RECORDING DATE: JANUARY 19,2001 BOOK: 664 PAGE: 813 7. The Mortgage is secured by property located at 176 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, which is mbre particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference, 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated belo,\\" all as authorized by the Mortgage, due 04/01/01 and monthly thereafter ate due and have not been paid, w'1ereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees, 9, The following amounts are due on the Mortgage: Principal Balance $89,922.51 6.75% interest from 03/01/01 to SEPTEMBER 25, 2001 at $16,63 per day $3,475,67 Accrued Late Charges $58,38 Other Fees $15.50 Attorney's Fees $2,829,50 TOTAL AMOUNT DUE $96.301.56 Interest continues .0 accrue at the per diem rate of$16,63 for every day after SEPTEMBER 25, 200 I that the debt remains unpaid. 2 "- - ._~ - ~ '. " . . _-r~ - <~1'" 'r'''''""""",,,, ~, 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11, The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P,S. g403 is not applicable, 12, Pursuant to the notice provisions of Act 91, 35 P.S, g1680,403(c), notice was sent to Defendants, dated MAY 9, 2001. Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice andlor have further failed to meet the time limitations specified in the notice andlor have been denied assistance from the Pennsylvania Housing Finance Agency. 13, Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after SEPTEMBER 25,2001 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance orrepairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights anq privileges granted under the terms ofthe subject mortgage, and for foreclosure and sale of the Mortgaged propertY, DATI # I SPEAR & HOFFMAN, P.A, ~A~ 3 ~ ,. - VERIFICATION I, BONNIE 1. DAHL, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my Imowledge, information and belief, I make this verification in lieu ofW ASHlNGTON MUTUAL BAN1<', who is outside the jurisdiction ofthe court and its verification could not be obtained within the time allowed '~,i for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S,A. S 4904 relating to unsworn falsification to authorities, r/H IV I DATE' A a&/~' f/ BONNIE 1. DAHL Attomey for Plaintiff .' ,,~ .." -< ~. . .-- , " ~, TA-y If) (J!) ()'1-64II){() CJjLh h (~ Cb ftJ ~LtLcM~ e I!Wh~ Return TO:/3ank WaypJint 101 SOJth GaJrge St York FA 17<\01 Al1N: Post-clasiq; PAI~:~ller 101 SOJth George St York FA 17L,()1 YFSETTLEMENTSERV1CES,LLC 1940 Carlisle Road, 2nd Floor L..-. York. PA 17404 ...-J Parcel Number: [Space Above This Line For Recording Data) ~r~.s II yl MORTGAGE DEFINITIONS Words used in multiple sections of this document are defmed below and other words are defined in Sections 3, 11, 13. 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document. which is dated Jaruary 4, 2CD1 together with all Riders to this document. (!3) IIBorrow.\'cr-1l is UliJ..as B3rtcn Borrower is the mortgagor under this Security Instrument, (C) "Lel1der" is Wayp::>int Ear1k Lender is a Coq:oratim PENNSYLVANIA - Single Family. Fannie MaelFreddie Mac UNIFORM INSTRUMENT Fe>rm 3039 3/99 a. -6(PAl 15912).0' '" Pi\g~ 1 01 16 ,"",,,,!2.L VMP MORTGAGE FORMS. /8001521- 729 1 '1~'\~'''K~~ -~ >':"'-="'~-"'~ :j ,~"""'--~ -~ " organized and existing under the laws of TI'E UnitEd States of AreciC1il Lender's oddress is FO Box 17ll, Harrishn:g PA 17105 l-. - Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated J8I.1.Er'j 4, 2CD1 The Note states that Borrower owes Lender Nirety 'Ih:IJsarrl am CO/1CO Dollars (U,S. $ 9J,CXXl.CO ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Felxuary 1, 2031 (E) "Property" meanS the property that is described below under the heading "Transfer of Rights in the Property, " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and Jate charges due under the Note, and all sums due under this Security Instrument. plus interest. , (G) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower [check box as applicable]: .. o Adjustable Rate Rider o Balloon Rider o VA Rider o Condominium Rider 0 Second Home Rider o Planned Unit Development Rider 0 1-4Family Rider o Biweekly Payment Rider [Xl Other(s) [specify] Rid:r to PaI:agraj::h 19 arrl Private MJrtgage Trs,JJ:aI:"D lE2al I:'es::ri tim (Rr "Applicaifte Law" means all controlling applicable federal. state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. (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 Of similar organization. (J) "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, aUlOmated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (K) "Escrow Items" means those items that are described in Section 3, (L) ItI'v1iscellaneous Proceedsll 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; (i1) condemnation or other taking of all or 'my 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 Propen)'. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. tlte Loan, (N) "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. Ini<i""M C~6(PAlI99121.01 <$> Page ~ of 1\5 .' ,-, , ~ ~ " ,~ Form 3039 3/99 " 'w;- \ri-', (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S,C, Section 2601.ot seq,) and its implementing regulation, Regulalioll X (24 CF,R, Part 3500), as they might be amended from time to lime, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" 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 RESP A. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security 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 co\'enants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the CoJnty [Type of Recording Jurisdiction] of G..nt:erlard [Name of Recording Jurisdiction]: See Atta::l::s1lEgal D2s::riptim which currently has the address of 176 W::>lf's Bt::iDge Roa:i Carlisle ("Property Address"): [Ciry] , Pennsylvania 17013 [Streetl [Zip Codel TOGETHER WITH all the improvements now or hereafter erected on the propert)', and all easements, appurtenances, and ftxtures now or hereafter a part of Lhe 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," ~ -6{PAlIS912LOl '" "",,,,,,2L Page:;l of 16 Form 3039 3(99 ""~ql... ~ ~ . - ^' \!lI '.. .'~ ',! BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has Ihe righl 10 mortgage, grant and convey Ihe Pruperly and ihat the Property is unencumbered, eKcept 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 comblnes uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute. a uniform securiry instrument covering real property, UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, alld 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. Payments due under the Note and this Security Instrument shall be made in U,S. currency. However, if any check or other instrument received by Lender as payment under 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 foHowing 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 lnstitution 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 th" Note or at such other 10catiorr 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 irr the future, but Lender is rrot obligated to apply such paymems 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, snch funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or cn the future against Lender shall relieve Borrower from making payments due under the NOte and this Security lnslrumem 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 first to late charges, 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 Borro\.ver for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent. paymem and lhe late charge, [f more than one Periodic Payment is outstanding, Lender may apply any paymenl received from Borrower to the repayment of the Periodic Payments if, and to the exterrt that, each payment CM be ;<1 O~6{PAll9912\.O\ '.'!) . IMI."./)? Form" 3039 3f99 P3ga 4 af \6 -.~~~, ~ - , , ~" ," = ~ - . ." 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 Items. Borrower shaH 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 5; 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 10, These items are called "Escrow Items," At origination or at any time during the term of the Loan, Lender may require thaC 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 ambunts 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 obligared 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 !terns at any time by a nCltice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all 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 RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A, Lender shall eSLimate the amount of Funds due on the basis of current data and reasonable estimates of expendiLures of future Escrow !Lems 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 Lo pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Borrower for holding and applying the Funds, annually malyzing tbe 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 lhe Funds. Lender shall not be required to pay Borrower arlY interest or earnings on the Funds, Borrower and Lender can agree in writing, howeve,r, that interest ,".'1 $-6WAlI99"12\.1,)1 '0 ;0 ~ , PtlgeSo(16 '''''''''& Form 3039 3f99 - . . ':! shall be paid on the Funds. Lender shall give to Borrower, without ch:u:ge, an annual accounting of the Funds as required by RESP A, 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 tile amount necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more 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. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions auributable 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 ifny, To the extent that the.se items are Escrow Items, Borrower shall pay them in the manner provided in. Section 3. Borrower shall promptly discharge any lien which has priority bver 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 tilose proceedings are pending, but only until such proceedings are concluded; or (e) 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 Borruwer to pay a one-time charge for a reat 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 tbe Property insured against loss by flre, 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 sball not be exercised unreasonably, Lender may require Borrower to pay, in connection with this Loan. either: (a) a one-time charge for flood zone determinalioQ., 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 migh; affect such determination or certification. 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 nood zone determination resulting from an objection by Borrower. .:i ~-6{PAl t99n1.0\ ,~ PlIge60116 In""",,2[ Form 3039 3/99 --''':''J ~. ~-~. , --, "- " " ,~ " - ~ ;-~~~~'j.-f;;_1'^ "'...,~o ^,"., _I r .~,~ . .q [f Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall, cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Secdon 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!oss payee, .Lender shall have the right to hold the policies and renewal certificates, !f 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 l:ender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of 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 requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings c-n such proc:::eds. Fees fOi 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 [he restoration ot repair is not economically feasible or Lender's securiry wOllld 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 rhe order provided for in Section 2, If Borrower abandons rhe Property, Lender may tile, 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 (n) 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 (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are appiicable 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, <Q ~6(PA) (9912).01 '. 'M,,,,J?;f Fonn 3039 3/99 Paqe7ol\6 -r7 '-,k- , '_c - ;~!-,:J.;.',,!i:;5""~M~.;' : :/.'J Ii' I: i' H r i~ , !' ". " 1., i":: -,+.-__'1,A. ="n. = C _ , OJ[: '- -'~ 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security InstrumeuI and shaJI continue to occupy Ihe 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 shall 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 restoralion in a single payment or in a series of progress payments as the work is completed. If tlle insurance or condemnation proceeds 'are not sti:fficient 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 inspecr 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, represenlations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in ihe Property and Rlghts Under this Secnrity Instrument. jf (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 II1strument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain. priority over this Security lnstrument 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 lnterest in the Property and/or rights under this Security Instrument. including its secured position in a bankruptcy proceeding, Securing the Property includes, hut is not limited to,' enlering the Property to make repairs, change locks', replace or board up doors and windows, drain water [rom 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, ~~G(PAI199121.01 ," il 1",,,,,,.12d Form 3039 3/99 P:!!J€ 8 rJ\ 16 -F~ ,,--, ...,. , . . Any amounts disbursed by Lender under this Section 9 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, 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 Properry, the leasehold and the lee title shaJJ 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, fr()m 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 "'lain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable. notwithstanding the fact that 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 call 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 lnsurance. 11 Lender reqnired 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 a non.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 1'0 affects Borrower's obligation to pay lnterest at the rate provided in the Note. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. [f the Property is damaged. such Miscellaneous Proceeds shall be applied to rest9ration 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 opportuniry 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 Ivliscellaneous Proceeds. Lender shall not be required to pay Borrower any i.merest or earnings on such Miscellaneous Proceeds, If the restoralion or repair is not economically feasible or Lender's seourity would be lessened, the Miscellaneous Proceeds shall be applied to the sums secuted by this Security Instrument. o -6{PAI19912l.01 "' Page9of16 ",,,,,,,,/)d Form 3039 3/99 -I, . ~ .,.., r , -'~ ,-~~~,'I':"i'"", .' .~, , " ;J' whether or not then due, with the excess, i[ any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in the order provided [or in Section 2. . In the event o[ 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 I 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 inunediately 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 panial taking, destruction, or loss in value, Any balance shall be paid to Borrower, In the event of a panial 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 tnan Ule. 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 1:0 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 Opposing Party (as defmed 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 tbe sums secured by this Security Instrument, whether or not then due, "Opposing Party' means the third party that owes Borrower Miscelllllleous Proceeds or the party against whom Borrower has a right of action in regard to MisceUaneous 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 dismissed witb a ruling tbat, 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 are attributable to the impairment of Lender's interest in the Property are hereby assigned and shaJl 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. Borrower Not Released; Forbearance B)' 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 BorrowershaU not operate to release the liabHity of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or >'i' ,," , :'i ~-6!PAl t9912\.Ql '. Page 10 of \6 IOI'i"'~ Form 3039 3/99 , " , . ~~ , Y't~""'<: '-i ,"'i :,;, i;'1 i'l 1-, i ,'~ (-:1 I H i. '~~-"-'~' .. ." remedy including, without limitation, Lender's acceptance of paymenls from third persons, entili~s or Successors in [nlerest of Borrower or in amounts less than the amount then due. shall nOI 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 tenns 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, forhear 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 lnterest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall notbe released from Borrower's obligatiotl.s and liability under this Security Instrument unless Lender agrees to such retease 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 charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees, In regard to any other fees. the .absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging 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 charge shall be reduced by the amount necessary to reduce the charge 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 payrn'ent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the NOIe), Borrower's acceptance of any such refund made by direct payment to Borrower will constih1te 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 Instmment must be in writing. Any notice to Borrower in connection with this Security Instrument sha1l be deemed to 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 anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The nOlice 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 cllange of address through that specifIed procedure, There may be only one designated notice address under this Security Instrum7nt at anyone time. Any ~~6(PAlI99':!.l.01 ,~ """",/};f r"Qel1ol\6 Form 3039 3/99 ~ ,. , ., -= . ~~..........- "F~'fI'?~T'Lt'" .' "'-ufi1~rl ,-. ~~ '. . 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 requi(ements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, bm suchsilence 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 witham 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 Beneficil.1 Interest In Borrower. As used in this Section 18, "Interest in tbe 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 dale 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 sums 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 15 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 aD 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 Propeny 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 righl to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those condilions are that Borrower: (a) pays Lender all sums whicb then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defaull of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited lO, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the ~.6(PA) 19912).01 '. Page 12uf\6 'O;,;""M Form 3039 3/99 ,l~i'~_,<,;,,~,\,_". '., .", ". r ~, ,n" 0 " .~c," --,,",.," t.r""" . .""' purpose of protecting Lender's interest in the Prqperty and rights under this Security Instrument: and (d) rakes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Bortower'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 fonns, 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 remai~ fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. 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 no lice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be Imlde and any other .infolTIlation RESP A requires in cOlU1ection 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 are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower at Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) or 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 eiapse before cenain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to tak,e corrective action provisions of this Section 20, 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances 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 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 'my response action, remedial action, or removal action, as defmed in Environmental Law: and (d) an "Environmental Condition" m'eans a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, ~.6{PAlI99121.01 '. IOH",,,j)jJ P~ql< 1:J of I G Form 3039 3/99 )i'''~'~ '1"..~ ,. _ '" ~_ .., ,= ,,,,"- " >it-flt'-.s"j .-,), ,"L InB .. " "~- ,'.,",- '. .:.~ Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten 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) 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 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 written notice of (a) any investigation, claim, demand, . lawsuit or other action by any governmental or regulatory agency or private pany involving the Property and any Hazardous SubstaITceor Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited 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 which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance. affecting the Property is necessary, Borrower shail promptly take all necessary remedial actions in accordance with Environmental Law, Nothing herein shall create any obliga~ion on Lender for an Environmental Cleanup, NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shail 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 defaUllt; (c) when the default must be cured; and (d) that failure to cnre 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 Ol~ any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leilder 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 e;i:perises 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 charge Borrower a fee for rei easing this Security Instrument, but only if tbe 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 e>:tent 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 e>:tend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. 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 tbe interest rate payable after a judgment is. entered on tile Note or to an action of mortgage foreclosure shall be the rate pavable from time to time under tile Note, ' ~.6(PA} 199121.01 . 'll) Pnge 14 of 16 lo"""M Farm 3039 3f99 ~'!i"'~'~_ _1""lI"'f , ,~.. , ., , -'''"'','j ''''~~''.-' f~ -, '~-~ - , i . '!"\'~'7;" , , . _. . 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: jYU_hMcl t fulWJ (Seal) .Borrower (Seal) -Borrower (Seal) .Borrower 0-6(PA) 199121.01 '. ,-- "-y- --, :'1'" ))~~~ D3llas Bartm (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower (Seal) -Borrower Pi\lge150116 Form 3039 3/99 - ,^- ":<']\'('1",,;,,, f' """"0" ," " ", . . -' ~. ".,: . C.- Certificate of Residence [, rl'\C.LLSIA c.. \'YII\\U' . .' the correct address of the within-named Mortgagee is , do hereby certify lhat ro Pox 1711, HsrrisbJrg PA 17105 Witness my hand this 4th day 0 f Jarusry, 2CD1 btLt~rwA L ~d~~ Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, ClL()\)JV- ~1lY;\ County 55: On this, the 4 day of Jarusry 2CD1 undersigned officer, personally appeared Dallas Barten , before me, the . - known to me (or satisfactorily proven to be the person(s) whose name(s)@re subscribed to the within instrument and acknowledged th hels elthey executed the same for the purposes herein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, My Commission Expires: nt1JJlG~ e,~uJUJ ~O nLbLLL' Notarial Seal W Melissa C. Miller, Notary Public est Manchest Co unty m sa Expires May 11, 2004 Memoer, P9nns)MlniaAss0ci8tion Ol Notar1es <D.6(PAl [9912).01 <!l '"i"""~ Page 160116 Form 3039 3/99 "' ~-'" " ,'- '}'~4~' ^ '-.,-,~ '"-'-_.--:rT "[I -, ~ .'..~ , ' -.-- 01-) {-cr~,2 L_,<"' . NOTE Jaruary 4, 2.CDl [Datel York [City] Pa:1nsv 1 . " ""[StafeIVBrUa 176 \,blf's Bridge Rm:l Carlisle FA 17013 , [Propt:J1Y Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I havereceived, I promiselo pay U.S, $ 'D,o::D.CO plus imerest, to the order of the Lender. The Lender is Wayp:lint &nk (this amount is called "Principal "), I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note hy transfer and who is entitled to receive payments under this Note is called the "Note Holder. ' , 2. INTEREST tnlerest will be charged on unpaid principal until the fuil amount oi Principal [las been paid, I will pay interest at a yearly rmeoi 6.75:;%, . The interest rate required by this Section 2 is the rate] will pay both beiore and after any default described in Section 6(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. ] will make my monthly payment on the 1st day of each month beginning on 'M3rch 1, 2.CDl ' I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note, Each monthly payment will be applied as oi its scheduled due date and will be applied to interest before Principal. If, on Feb::uary 1, 2031 , ] still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date," I will make my monthly payments at ro !'ox 1711, H3rrisb.n:g FA 17105 or at a different piace if required by the Nme Haider. (B) Amount of Monthiy Payments My monthly payment will be in the a...T!1ount of U .S-. $ 583.74 4, BORROWER'S RlGHf TO PREPAY I have the right to make payments of Principal at any time before they are due, A payment of Principal only is known as a "Prepayment." Wben I make a Prepayment, I will tell the Note Holder in writing that I am doing so, I may not designate a payment as a Prepaymem if 1 have nO[ made all the monthly payments due under the Note. I may make a full Prepayment or panial Prepayments withom paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note, However, the Note Holder may apply my Prepayment to the accrued and unpaid imerest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Not.e. If I make a parti81 Prepayment, there will be no changes in the due d3te or In the 3.n1cunt of m)' monthly payment unless the Note Holder agrees in writing to those changes. MUL TISTATE FIXED RATE NOTE-Single Family-Fannie Maeffreddie Mac UNIFORM INSTRUMENT . -5N (OQ031 '. VMP MORTGAGE FORMS. Page1o!J Form 3200 3/99 !800l5~1.7291 () /J In\llals:~ !R'-_ t -~ , -~'"""~" 1-,"" h , . - t>""~~ ,',~", G;~ -" "~-"~.'~ , " .~ alC' " 5, LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charaes collected or to be collected in connection with this loan exceed the permitted limits, tben: (a) any such loan charge o shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me WlllCh exceeded permitted limits wilJ be refunded to me, 111e Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund re<luces Principal, the reduction will be treated as a partial Prepayment. 6. BORRO\'lliER1S FAILURE TO PAY AS P..EQUIRED (A) Late Charge for Overdue Payments If the Note Holder has nOI received the full amount of any monthly payment by the end of 15 after the date it is due, I will pay a late charge to the Note Holder. The amount of lbe charge will be 5.roJ my overdue payment of principal and 'nterest. I will pay this late charge promptly but only once on eaeh late payment, calendar day' % of (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If] am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount, That date must be at least 30 days after the date on Wllich lbe notice is mailed to me at delivered by Olher means, (D) No Waiver By Note Holder Even if. at a time when I am in default, the Note Holder does not require me to pay immediately in full as described. above, the Note Holder will still have the right to do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me ro pay immediately in full as described above, the Note Holder will have'tlle right to be paid back by me for all of its COStS and expenses in enforcing this Note to the extent not prohibited by applicable Jaw. Those expenses include, for example. reasonable attorneys' fees, 7, GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by firSt class mail to me at the Property Address above or at a different addmss if I give the Note Holder CI notice or my dlfferel1l address. Any notice that must be glven to the N?.te Holder under this Note will be given by delivering it or by mailing it by first ciass mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a nO'lice of that different address, '. 8, OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs Ulis Note. each person is fully and personally obligated to keep all of the promises made in this NOte, including the promise to pay the full amount owed. Any person who is a guarantor \ surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations. including the obligations or a guaramor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rights uneler this Note against each person individually or against all of us together. This means that anyone of 115 may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means tbe right to require the Note Holder to dem.md payment of amounts due, "Notice of Dishonor" means the rigl1l to require the Note Holder to give notice to other persons th~t D....'110unts due have not been paid. . ,/"'7 r . .~ <:)tx>i'(~~f7"&7~ Form 3200 3/99 ~-5Ntr)oo3l ," Ptlqll2of3 Inllmls: ''''fflI'1'l~. .'_ ->-- , . , , . tt:- ...;~., , 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the sarne date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this NOle, That Security instrument describes how and under what condltions 1 may be required to make immediate payment in full of all amounts I owe under this Note, Some oUhose conditions are described as follows: 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 intercst in Borrower is sold or transferred) without Lender's prior written. consent. Lender may require irn...'.nediate payment in full of all sums secured by this Security Instrllment. 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 dale the notice is given in accordance with Section 15 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 dern<md on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, {;:4;J~~ Dill.as Eartm (Seal) -Borrower (Seal) -Borruwt:r (Seal) -Borrower (Seal) ~Borrower (Seal) ~Borrower (SeaD -Borrower (Seal) (Seal) -Borrower ~Eorrower Pav "0 ,,-.... ,,\ Ill-.:_O!",:l&iOi" (~'''i'"''", "___. WJthOUlrf8~COUJ$~/7' ",'~ '.','.)7;:,,,,,<,,::; COi'(F OFAM~RICA C F; \'\....1': . ,:,\,. , .' l~ f3i: .- 'r--T) "~"'" NK. ' ~hr'" -:'0 e-e-n ' ''[ 't,/!A-' .Ol,e. n UC.1 !::G{ Title -- AStJitJt:drlL =~ '::>t:>CL ~ LdL Y fS;gn Original Only} ~ -5N 100031 -", Pngc3of'J form 3200 3/99 ~""""'f'-,~_':"'t~~ ~:', -, , "",- . , . ;~_,,,,,,,,,,,",., ~".<""O-'. -. Y. , .. '. EXHIBIT "A" .'~' ., A~L THAT CERTAIN tract of land, together with the improvements thereon erected, sitUate in Middlesex Townshio, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stake on the western side of a private right of way 50 feet wide on the dividing line between Lots Band C on the hereinafter mentioned Plan of Lots; thence by said dividing line North seventy-seven (77) degrees thirty (30) minutes thirty (30) seconds West, three hundred seventy-five and seventy-six hundredths (375,76) feet to a stake; thence by land now or formerly ofIohn L Peffer and Joyce Durnin Peffer, North thirty-nine (39) degrees fifteen (15) minutes one (01) second West, one hundred twelve and six hundredths (11'2,06) feet to a stake; thence by the dividing line between Lots C and D on said Plan of Lots, North eighty-four (84) degrees thirty-nine (39) minutes five (05) seconds Eas~ two hundred seventy-nine and one hundredth (297..01) feet to a stake on the western side of 1I1e private right of way 50 feet wide aforesaid; thence by the western side of said private right of way South thirty- nine (39) degrees thirty (30) minutes East, two hundred fifty-one and fifty hunolred1l1s(251.50) feet to the Place of BEGINNING. Containing 1 acre, BEING Lot C on the Subdivision Plan of John L Peffer and Joyce Durnin Peffer, his wife, as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 36, Page 116, BEING the same premises which Dallas Barton and Cindy L Barton, husband and wife, by Deed dated the 15th day of June, 1992, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and. for the County of Cumberland, on the 24th day of June, 1992, in Record Book 5-35, Page 1097, granted and conveyed unto Dallas Barton and Cindy L Barton, husband and wife, UNDER AND SUBJECT TO restrictions.and conditions as now appear of record. TAX MAP (21) 07-0467-004F C'F<<>""";n ,~ IT 11.('), -." "~. ( '" llB ... ~ . .". ,,('I (",~ - h NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. (the Act) 15 U.S.C, SECTION 1601 AS AMENDED 1. This law firm may be deemed a ,jdebt collector" under the Fair Debt Collection Practices Act. Any and :an information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2, The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt :is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests ofthe Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy ofthe verification will be mailed to the debtor by the creditor's law firm, , 6. If the creditor named as Plaintiff in the Complaint is not the original'\;lrediitor, and if the debtor makes awitten request to the creditor's law firm within the thirty.;(3,O) days from the receipt of this notice, ,the name and address of the original creditor will be tllai16d to the debtor by the creditor's law fiml, . . ,~. .' 7. Wlitten requests should be addressed to Spear & Hoffman, PA, 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034, ' -" ".,""'" ,. .~ --' . ".. Imr U "'!iJllTI'TlirTf1ll1IT II m-""i~" ,; uJ ~>- tJ...\- <Il::.c U''") I C) L~_j C::::, r:< ) --~- j --':l- to'"; ~ .. C) I 'tINtt;., 7), S :ll~,_ Hf.Pd .. I "1 II".. .::J . '1"11:) 10. Hd 6, c U " ),J.N1?OJ,....... BlAON .:I.#liiJl/s ."/" I";aw :Jill JO -, ".10 :J:JI.:JJO . .: ~1 t\)~ 13: AJ' ~ ~ .~ f. , ~ \ >.. , -; ']11 f3;&l' ~ ~ =. ^~]: < e< "~o,Oi~5fi!'~Mr!l';!~ ,"' 1, >:!\!:~MlWj;;m,W~i~""~'1'1l'WW;~;q',-;~.0-'!G"i~~'~>lil!%~^*'I'!$j{l~?l'-""1'"11'11'-,''1'-'''''\(1''1-''1''''"' \"'~',',!:i"$'" ';'-~;~ -"'--"~'--""-'I)"~\~"-"~"'W'''I';'-~il'''''iq;;,!>~)(~j,'''Si''~~''~'f.",:::>:;;::'t'H~~~HV~'fi!l'lIif'RW;' . . f L" ~c"l<< " " Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I,D, No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No, : 5971442289 WASHINGTON MUTUAL BANK P,O. BOX 1093 NORTHRIDGE, CA 91328~1093 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. CI-.s'?L/'f Q'U~CT~ vs, j ; 1 ~ " ;1 , DALLAS BARTON 176 WOLFS BRIDGE ROAD CARLISLE, PA 17013 DEFENDANTS ~i ,;;< (," , COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE "~'I _\': 5i , 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 attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be enterecl 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, <: 'j-, ,;. f] ~~ ~';! " " YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU ,CAN GET LEGAL HELP. ;< CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 ;i~>'" ,. "".",.",. -,,''''"-'-''''',,- ".~_"_,'_~ "".<-__,_",_",, ",~,~_,_, .",.J " ._,_',_, _ ,_ "~ .t/'. _,,- " "' r ",,<~' '" "'" -"- q .. , "". .. ,,"- ,,"'-" '_'-,'~__'''.1'' ~".",_ .,-,. '-, -~,- ~..~'~ rf"l A VISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion, Hace falta asentar una conmarencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus r bjeciones alas demandadas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara ntedidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion, Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda, U sted puede perder dinero 0 sus propiedades 0 otros dereches importantes para usted, i I I: ,I I I~ if 1\ ~ LLEVEESTADEMANDAA UN ABOGADOINMEDIATAMENTE, SINO TIENEABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIAL LEGAL, ~i ~. [j: :t: ~, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17103 (717) 249-3166 f :,11 i~ ., (.j '" ,;;' f',' , '1-; Ii d 'J; , , ~" '-j' 1; , 'I ! '1 ~;li .. '0,'''''''_' ""~ ' ''"$',:'P. ~-.""_n -~""'~'n-""'"" ""," ,,',. " ,____ "__ ..,,~_ '-n ." ,-"-~,, "-"~?' "---=-O"<;~_""J_"" _L "~ , , - ~~'"~ ,.,', ,,', '1 ., '~-<.. "~,~.,,,,~, Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney LD. No, 79294 1020 North Kings Highway, Suite 210 Cheny Hill, New Jersey 08034 (856) 755-1560, Attomey for Plaintiff, Loan No. : 5971442289 WASHINGTON MUTUAL BANK P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO,Ol- $'14'1 eu~l~~ vs, DALLAS BARTON 176 WOLFS BRIDGE ROAD CARLISLE, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff is WASHINGTON MUTUAL BANK, with its principal place of business located atP.O, BOX 1093, NORTHRIDGE, CA 91328-1093, 2. The names and last known addresses of the Defendants are: DALLAS BARTON, 176 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, 3. . The interest of each individual Defendant is as mortgagor, real owner of the real property ! subject to the mortgage described below, or both, 4, On or about JANUARY 4, 200 1, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to W A YPOINT BANK, which Mortgage is recorded as follows: Office ofthe Rec(.[der of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: JANUARY 4,2001 DATE RECORDED: JANUARY 19, 2001 BOOK: 1664 PAGE: 905 The Mortgage is a matter of public record and is incorporated herein as provided by Pa, RC,P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5, On or about JANUARY 4, 2001, in consideration of their indebtedness to WAYPOINT BANK, DALLAS B~TON made, executed and delivered to W A YPOINT BANK their promissory Note in the original principal amount of $90,000,00. A copy of said Note is attached hereto as Exhibit "B" and 1 i -,! ,'I "il!.r", ~--;'-~,,',A"~-' ,",>""'"" . < '"--".,- " ",,,,_,,,,,,,,,,,~,~,,,,,,"y",.y,, ,,~__,~,n,"~" "i' ?'" ,--"~_. " -,. ~=----, "~",,,", ,~ . , "---'" ',_ ~--'";^_,... _ .. __," ","_"r, _ . ' ."""'" .'~ incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder ofthe Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: !.' ASSIGNOR: W A YPOINT BANK ASSIGNEE: ,PNC MORTGAGE CORPORATION DATE OF ASSIGNMENT: JANUARY 19, 2001 RECORDING DATE: JANUARY 19,2001 BOOK: 664 PAGE: 813 7, The Mortgage is secured by property located at 176 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, which is mbre particularly described in the legal description attached hereto as Exhibit "C" and {" incorporated herein by reference, 8, The Mortgage is in default because the monthly installments of principal and interest and ,- eI, other charges stated below, all as authorized by the Mortgage, due 04/01101 and monthly thereafter are due and have not been paid, w'lereby the whole balance of principal and all interest due thereon have become ,Ij " ,;,1 ~ : immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of f collection including title search fees and reasonable attorney's fees, 9, The following amounts are due on the Mortgage: Principal Balance $89,922,51 , i~, .: 6,75% interest from 03/01101 to SEPTEMBER 25,2001 at $16,63 per day $3,475.67 , ~ ! ~ ' L Accrued Late Charges $58.38 ii " k Other Fees $15.50 I:, I, I:: , i_" t.,: I" 1\1 " F.: r:-: Attorney's Fees $2.829,50 TOTAL AMOUNT DUE $96.301.56 " ii"- I', , , Ii f: Interest continues ,0 accrue at the per diem rate of$16.63 for every day after SEPTEMBER 25, 2001 that the debt remains unpaid. t, 1 2 ~.,,! j '. . ~''> "'j ~'" \';_'" ~ -' "~_';'t,,,;.,.,,. <", ,,_ 'W'o '"' ,"c, 'c., " . .~" ' "_~_ "__0,. .., - , ' , ,~,' , ....- ~ " -,'M .'." "'0 . .". ,.~ _~ ,. ~ ~ .,,~ - 'ti%.",~,-~~, .'-. '''Nt'-' '(_-"'-i~-~ 10, During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. II. The original principal balance of the Mortgage is in excess of $50,000,00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P,S, 9403 is not applicable, 12, Pursuant to the notice provisions of Act 91,35 P,S, 91680.403(c), notice was sent to Defendants, dated MAY 9, 200 I. Defendants have failed to meet with the plaintiff or any of the consumer r , (1 f M ~: i{i ~' rf , ~': , W " ~ r" E credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 13, Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D", WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of ~: Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, !'S' together with interest accruing after SEPTEMBER 25, 2001 to the date of Judgment, plus 6% legal rate of ,'. F,; ,," interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for V-) ~ :: : i ~~: insurance orrepairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, i'- pursuantto the rights and privileges granted under the terms ofthe subject mortgage, and for foreclosure and sale of the Mortgaged property, DATE # I SPEAR & HOFFMAN, P.A. ~Ngad 3 c. K-,: 4'1 '~?-'''''-':''--''',~,-""" r"~-"-"'_- -'T~~-"'_' __,_~,_ ._~<_" -"< '__;<""~'c""_ ~_ __ ,_~ ",_ . - __~ ~ --e - .. ~, " " ~ ~,. .1,"-- -~ :~'-" , ~'r '1' . , VERIFICATION I, BONNIE 1. DAHL, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my Imowledge, ~1 "i r~ information and belief. I make this verification in lieu ofW ASHINGTON MUTUAL BANK, who is f-' [~ iF 5- r'. l'; :;1 ;:'1 ~1 f~ tJ 13 f:~ ,'i outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subj ect to the penalties of 18 Pa.C.S,A. S 4904 relating to unsworn falsification to authorities. ;.' DAJ}'I,,!V/ A ~C<<~~ f/ BONNIE 1. DAHL Attorney for Plaintiff r~ \;, ;-,-j :;.: " -'.'~.~ ~ .,""~ -""_:"-'/~' ; ,~-'''''' " ',- " ',' -~ ,.,~',,' ~" ,-'co. =, "'''',- ,."- '" , --'d. ,,"-"~,-_i ~~'" . - .' ~- -,-,"--- t"'~<=C>" ~.~,-" ~ -~ ./'''~ " .~ TA-)' I D (oil) D'l-U-W7{() ClAhhuA Ccf~) rnlllM~ e 1kJi~l Return To: Bank Wayj:oint 101 Scuth Grorge St Yorlc FA 17<\01 ATlli: Past-clos~ PMi~:hller 101 Scuth Grorge St Yorlc FA 17<\01 n' SETTLEMENT SERVICES, LLC 1940 Carlisle Road, 2nd Floor I....--.. York. PA 17404 .......J Parcel Number: [Space Above This Line For Recording Data] ~~II~1 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 rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document, which is dated Jaruary 4, 2CD1 together with all Riders to this document. (B) IlBorrmvcrll is Callas B:3rt.a1 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Wayj:oint Bank Lender is a Ccrp:lratirn PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 3/99 .. .6(PA) 19912).01 '" Pagelof16 ,""""d VMP MORTGAGE FORMS. 18001521-7291 '"1_. , " .. --, p,~,~",;, ,,'_~"_'" '-'~_'J_ .~ '....1. , 'I 11 I I, , I '-', :;i. " I ::1: I ,I I II r I 'I I' ";' I I I, l II 'I' r I "I, 'I; I " t l :'1' ,.! i I I < I Ii ~I-I !.; -~ .~ . .;c organized and existing under the laws of 'Ih= Unite::! States of /lnErica Lender's address is ro Box 1711, H3rrisb.n:g PA 17105 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated Jaru:n:y 4, 2C01 The Note states that Borrower owes Lender Ninety 1h:usan::l ard CD/1CD Dollars (U .S. $ 9J,CXXJ.CD ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Feh:uary 1, 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property, " (F) "Lonn" 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. (G) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider D VA Rider o Condominium Rider 0 Second Home Rider o Planned Unit Development Rider 01-4 Family Rider o Biweekly Payment Rider [XI Other(s) [specify] Rider to P"'-<%',li3jll 19 ani Private Mrtgage Tnsurnrn le2al Ces::ri tim CHi "ApplicafIe Law" means all controlling applicable federal. state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions, (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, (K) "Escrow Items" m.eans those items that are described in Section 3, (L) "lYliscellaneous Proceeds II means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under tbe 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. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. the Loan, ' (N) "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. ,"";,,,,M 0-6(PA.}19912l.01 @ Page 2 of 16 Form 3039 3/99 , ~p~''',<>,.,,- -~ -,-,"' -, ",~ '. ~ .'-' (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U,S.C, Sectiol12601 et seq,) and its implementing regulation, Regulatiou 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, (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security 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 Lender the following described property located in the Co.mty [Type of Recording Jurisdiction] of n.nt:erlarl [Name of Recording Jurisdiction]: See Atta:hrl legal I:e9::riptim which currently has the address of 176 W:Jlf's &:idge Rarl Carlisle ("Property Address"): (Street} [Zip Code] [City], Pennsylvania 17013 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and flxtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument, All of ti,e foregoing is referred to in this Security Instrument as the "Property," ~-6IPAI (99121.01 '" ,,,,,,,,,,.!2L Page 3 of 16 Form 3039 3/99 ') .~ , ~" ;:i - ~"" '. ..,- 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: I, 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, Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under 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 foHowing 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 lhe 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 tbe 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 principal 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 }, Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, 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 can be O-SIPAlI99121.01 <.Ij) ,,,,;,,,J;? Form 3039 3/99 P"ge 4 01 16 "~"''''..,,.~ -.C""::'""" , - ..-, .~-.- , l"~ ""'~'" _w " . ." 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 Items. 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 5; and (d) Mortgage Insurance premjums. 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 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, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all notiees of ambunts 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 all 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 maximu-m 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 Banle 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 malyzing 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 nut be required to pay Borrower 'lilY ;merest or earnings on the Funds, Borrower and Lender can agree in writing, however, that interest $~6{PA} 199121.01 '0 'fJ~~I'!l~1IlI ,~,= Page 5 of \6 '0"""& Form 3039 3/99 ~~ "'ij"~r[J' ~~ ' ;.- . .- shall be paid 011 the Funds. Lender shall give to Borrower, without clurge, an aJIDual accounting of the Funds as required by RESPA, lf there is a surplus of Funds held in escrow, as defined under RESP A, 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 RESP A, but in no more than twelve monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments, Upon payment in full of all sums secured by tbis Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens. Borrower sball pay all taxes, assessments. charges, fines, and impositions attributable to the Property whicb 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 iiny. 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 Securiry Instrument, If Lender determines that any part of the Property is subj ect 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 tat<e one or more of the actions set forth above in this Section 4, Lender mOlY require Borrower to pay a one-time charge for a reai est-ate tax verification and/or reporting service used by Lender in connection with this Loan, 5, Properly 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 'llld certitication services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in cOlmection with the review of any tlood zone determination resulting from an objection by Borrower. <D:-6lPAI19912LOI '. "'''i,,,N P~ge 6 of 16 Form 3039 3/99 " <~ _'.'.0 " ,~- ~ ~"~. <~, ~ji,-t''ll'lf\1'l'r'''-r ,'~ . - If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage, Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained 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 p~yee, Lender shall have the right to hold the policies and renewal certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee andlor 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 requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees fOi 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 econorrJcally 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 (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering tbe Property, insofar as such rights are applicable to the coverage of the Property, Lender may use the insurance proceeds eitber to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due, <a -6(PAll99121.01 '" Pag~ 7 ....f 16 IOiH"',J!f Form 3039 3/99 <j'I/'!#<'I""'1''''l-~ -,< "'" -,