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HomeMy WebLinkAbout11-0157r t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE, vs. Plaintiff, JOSHUA A. KANN; MICHELLE L. KANN Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 STATEVIEW BLVD.. FT. MILL. SC 29715 AND THE DEFENDANT: 504 North Walnut Street Mount Holly Springs. PA 17065 CEI~A~~~~TION I HE Y T T T THE LOCATION OF THE A FE CTED BY THIS LIEN IS A AT"I~Y FII-E NO.: XCP 146835 CIVIL DIVISION No.:ao11-~~7 C~v~l Terrvt TYPE OF PLEADING CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: US Bank National Association as Trustee COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire ~ Pa. I.D. #89705 .,~3 Joel A. Ackerman, Esquire ~m Pa I.D. #202729 ~~ Ashleigh L. Levy, Esquire -<=~' Pa I.D. #306799 ~' ° 'r c~ _~ 200 Sheffield Street, Suite 101 ~' ~~-. Mountainside, NJ 07092 .`'c (908) 233-8500 (908) 233-1390 FAX officena.zucker>zoldberl?.com File No.: XCP- 146835/mme 0 o ~ ~- ...~ -' =-n ... ~ o~ o =o ~_ o-*~ `" oc' O .-.{m .c- ~` N ~ -~ © ~ a~ ~ ~qa. ~~ ~ 15y ~3 ~~ a~ a 3~ Zucker, Goldberg & Ackerman, LLC XCP-146835 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT tTNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-146835 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS CIVIL DIVISION TRUSTEE, NO.. Plaintiff, vs. Joshua A. Kann; Michelle L. Kann Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint. or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-146835 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS CIVIL DIVISION TRUSTEE, NO.. Plaintiff, vs. JOSHUA A. KANN; MICHELLE L. KANN Defendants AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaz accion dentro do los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una compazecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomaz accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propiedad u otros derechos importantes paza usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Baz Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-146835 ~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS CIVIL DIVISION TRUSTEE, NO.. Plaintiff, vs. JOSHUA A. KANN; MICHELLE L. KANN Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes US Bank National Association as Trustee, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is US Bank National Association as Trustee, having its principal place of business at 3476 Stateview Blvd., Fl'. MILL, SC 29715. 2. The Defendants, Joshua A. Kann and Michelle 1. Kann, are individuals whose last known address is 504 North Walnut Street, Mount Holly Springs, PA 17065. 3. On or about January 19, 2006, Joshua A. Kann and Michelle L. Kann executed a Note in favor of Sovereign Bank in the original principal amount of $114,500.00. 4. On or about January 19, 2006, as security for payment of the aforesaid Note, Joshua A. Kann and Michelle L. Kann made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Sovereign Bank a Mortgage in the original principal amount of $114,500.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 30, 2006, in Mortgage Book Volume 1938, Page 3302. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Sovereign Bank to US Bank National Association as Trustee, plaintiff herein, pursuant to an assignment of mortgage to be recorded. Zucker, Goldberg & Ackerman, LLC XCP-146835 6. Joshua A. Kann and Michelle L. Kann, husband and wife are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about October 31, 2010, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $108,927.70 Interest through 12/07/2010 $3,762.40 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Corporate Advance $ 35.00 Other $ 50.50 Escrow Balance $- 86.93 Total $116,438.67 plus interest on the principal sum ($108,927.70) at the rate of $ 23.80 per diem ,plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $116,438.67, with interest thereon at the rate of $23.80 per diem plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-146835 ZUCKER, LLC BY: Dated: January 4, 2011 Scott A. i e ' 're; I.D. #55650 Kimber A. Bonner, Esquire; PA I.D. #89705 Joel A. an, Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff XCP-146835/mme 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) :?33-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XCP-146835 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-146835 \t1' ~ . ' 1 ' ~.J~ ~ Ora ~~ ~ u ,, ff i'~rr7 !1~ rl.r CL'~^~jj.~~.,~,r'f'Gt~ ~a ' ~ r'~~ By: SovereiQR Bank 1130 Berkshire Boulevard llyoatis:ing, PA 19610 18~~ J!fi~i 3Q Fl~ I ~ t; ~ Return To: ~ ~`'~ ~ tQ TranStar National Tide 2201 W Plano p~Y+ Suite 152 Plano, TX 75075 Parcel Number: ' 06457 Premises: 504 N WALNUT STREE7 MOUNT NOLLY SPRINGS, PA 17085 (Space Aiuve 7'hlt Use Fw Rewrdin= Data) 7000029832 MORTGAGE DEI;lNiT10N5 MIN 1002610-700002982-8 Words used in multiple sections of Ibis document are defined below and other words arc deftned in Sections 3, I1, 13, l8, 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 January 19 , 2006 , wgdher with all Ridcxs to this document. jB) "Borrower" is JOSNUA A KAHN NIGNELLE L KANN Borrower is the moribagar under this Security lnalrument. (C) "MGRS" is Mortgage Elxtronic Registration Systarls, Inc. MFRS is a scparata coeporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is We murt~ce under tbiis Security Instrument. MFRS is organized and cxistin¢ under the laws oi' Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 6'19-MFRS. PENNSYLVANIA -Single Family -Fanny MadFrsddia Man UNIFORM INSTRUMENT WITH MERE -6AlPA) lobabl Form 5038 1/01 Pape f of tb Inlttab: ,~~~- VMP Mwlpea• Solution, Inc. (b00)b21-7291 ! ~~ ~t 193 B.PG 3 3~0=2, w 7000029832 (D) "Lender" is Severe I gn Bank l~cnderisa corporation or association organized and existing undo the laws of Psohsy 1 vsn I' . Lender's address is 1130 Berkshire Boulevard Nyotrissinp. PA 19610 , {>;) "Nate" means the promissory note signet! by Harrower and dated January 19 , 2006 71st Note states that Borrower owes Lender One Hund rsd Fourteen Thousand . Five Hundred and No/100 ------------------------------------ Dollars (tJ.S. S 114 . S 00.00 ) pWs inttxcst. Borrowar has promised to pay thie debt in regular Periodic Payments and to pay the debt in full not later than Fsbruary 1, 2036 ()?) "Property" means the property that is dt~cribcd below urxicr the htmding "Tran~'cr of Rights m the ~,op~ ~~ (G) "Loan" mesas the debt evidenced by the Note, plus interest, any prepayment charges and Tate charges due under the Note, and all sums due undtx this Security Instrument, plus interest. (H) "Riders" means alI Riders to this Security instrument that arc executed by Borrower. The following Riders arc W be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider StxJond Home Rider Balloon Rider Planned [snit Devebpmcnt Rider 1-4 Fsmily Rider VA Rider Biwtx4rly Payment Rider Other(s) (specify) (f} "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances aad administrative rules and orders (that have the effect of law) as well as sU applicabte final, nvn-appealable judicial opinions. (J) "Comrnunitr Asst tioa Duns, Fees, aced Aat~etents" mutts all dues. ftxs, assossmenls and other charges that arc imposed on Borrower or the Property by a condominium assa:iation, homeowners association or similar organization. (K) "Electrnoic Funds Tranater" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrurrterit, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tripe so as to ceder, insWCx, or autha~tize a financial institution to debit or credit an accotittt. Such krm includes, but is not limited w,. point of=sale Irarisfers, automalecl scalier machine transactions, transfers initiated by telephone, wire iranafera, and automated clearinghouse transfers. (L) "Escrow tttaas" means thosa items that are described in Section 3. {M) "Misodlaneoes Proceeds" mtxttis any compensation, aettlcment, award of damages, or prot~eds paid by anY .~ PAY (other than insurance proceeds paid under the oovcta~es described in 3edion S) for. (i) damage to, or desiriiction of, the Proptxty; (ii) condemnation or other taking of ail or any part of the Property; (iii) cosiveyana in lieu of condemnation; or (iv) misrcpreaentations of, or omissions as tv, the value and/or cAridttion of the Property. {N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment ol', or default on, the L.ciait, (O) "Periodic Payment" meutns the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii} any amounts under Section 3 of this Security Instrument. -6A(PA) tasoet a•p• 2 of to Form 3039 1lOi fit ~19 3 8~P6 3 3' 4'3 ~ocaozaasz (p} "RRSPA" means the Real Estate Stultxrtewt f?roccdures Act (12 U.S.C. Section 2601 et seq.) and its impkmen ' regulatiort, Regulation X (24 C.F.R. Part 3500), as they might be amendod from time to lime, or any add~t>onal or sucxessor legislation or rcgutadon that govoms the same subjoct rrtattar. As used in this Securityy Instrument, "R&SPA" refers to all requiretrtewis and rcatrictiona that are impc~,~od to regard w a "federallyy related mortgage loan" even if the Loan does not qualify as a "fodorally retalcd mortgage loan" under RESPA. (Q) "Successor in Iaterest nP Borrower" means any part that has taken title iQ the Proparty, wttethcr or not that party has assumed Borrower's obiigationa under the Nato and/or this Security Instrurncnt TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lewder, ([) the repayment of the Loan, and all rtwewais, extensions and modifications of the Note; and (li) dte performance of Sorrewtr's oovcautttls and agrotmterstc under this Security Instrument and the Note. For this purpose, .Borrower does hereby mortgage. grant and convey to MFRS (softly as nominee far Lender and Lewder's successors and assigns} and w the successors and assigns oC MERS, the following described property located m the COUNTY ['typo ur Itacontiae Jurtsdiedon[ or t~111ERLANO [NaeeeofitceordirtrJarisdiatoa[: SEE ATTACHED SCHEDULE A which currently has the address of 504 N MALNt1T STREET N~INT HOLLY SPRINGS ("f'roptxty Address"): I~~~I [City[, Pennsylvania 17065 [%ip Cowl TOGETf~ER WITH all the impp emortts now or hereafter erected on the propaiy, and all easements, appuroenances, and fixtures now or hereafter a part of the pro~trty. AU r~eplacotnents and additions shall also be wvorod by Ibis Socurtty Instrument. All of the faroiag is t+cl'etred to in this Socut3ty Instrument as the "l'raperty." Boirowcr understands and agrees that S holds only Itga! title W the interests granuod by Bormwer in this Security Inswment, but, if necessary w comply with law or custom, MFRS (~ nomintx for Lender and I,endcr's suocessatB and assigns) has the ri t: oo exorcist any or all of ihost Intaresta, Including. bat not (imitod to, ttte right to foreclose and sell tht~; and to take any action t+equlred of Lender including, but not limited lo, releasing and canceling this Security Instrument. -eA(PAf tosaal rap• a o~ ~s Foetn 5039 1101 8K~ 19 3 8 PG 3 3~fl~4 70000x8882 BORROWER COVENANTS that Borrower is lawful3y seised of the estate hereby conveyed and has the right m mortgage, grant and convey the Properly and that the Properly is uncnctunborod, extxpt for encgmbrances of record. Borrower warrants and will defend generally the title m the Property against all claims and demands, subject to coy encumbrances of retord. THIS SECURITY INSTRUMENT t~mbines uniform covenants for national u~te and non-uniform covcttartts with limited variations by jurisdiction w constitute a uniform sa:urity inswment covering real ProP~Y• UNIFORM COVENANTS. Borrower and Lender covenant and agree es follows: i. Payaeat of Principal, interest, F.'ecrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt cvidenood by the Note and any prepayment charges and late charges due under Iha Note. Borrower shall also pay funds far Escrow Itans pursuant W 5tction 3. Paymenu due under the Notc and this Security InsWntent shall be made in U.S. currency. However, if any check or other instrument rooeived by Larder as payment undcx the Nose or this Security Insuumesrt is retumcd to Lender unpaid, Lender may require that nny or all subsequent payments due under the Notc 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 chxk, treasurer's check ar cashier's check, provided any such check is drawn upon an institulton whose deposits arc insured by a federal agency. irrsWmontality, or entity; or (d) Biectronic Funds 'C'ransfcr. Payments arc 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 Salton 15. bender may return any paynteat ar partial payrnml if the payment ar partial payrncats aro insufficient a bring the Loan cameo. [.alder may acxcpt arty payment or partial payment insufficient to bring the Loan current, without waiver of any rights ha~eunder or prejudice to its rights w r+rtuse such payment ar partial payments in the future, but Larder is not obligated to apply such payments al the time such payments are actxptod. If each Periodic Payment is applied as of its schodnled due date, then Larder nocci not pay interest on unapplied funds. Lender may hold such unapplicd funds until Borrower makes payrncnt w bring the Loan current. If Borrower does not do so within a reasonable period of tune,. Calder shall either apply such funds or return them to Borrower. If not applied earlier, such fnnds will be applied to the outstanding principal balance under the Note immediately prior w foreclosure. No offset ar claim which Borrower might have now ar in the future against Lender shall relieve Borrower from making payments due under the Note and This Saxrrity lnsbrttment or performing the covenants and agreanents secured by this Sa;urity Instrrtmcnt. 2. Application of Payments or Proceeds. Except as otherwise described in this Satiorr 2, all paytrtertts accepted and applied by Lender shall be applied in the following order of priority: (a} interatu due under tics Note; (b) principal due under the Note; (c) amounts dun under Scc:tion 3. Such payments shaA be applied to eacl- Periodic Payment in the order in which it became due. Any ranairting amounts shalt be applied first to late charges, ser~nd to any othtx amounts due under this Security Instrument. and then W reduce the principa! balance of tilt NWc. If Lender, receives a payment from Borrower for a delinquent Periodic Payment wh~h includes a sufficient amount w pay any late charge due, the payment may be applied to the deluiquont payment and the late charge. If more than one Periodic Paymatl is outstanding, Lender maY aPP1Y ~Y paymatt reoeivod from Borrowcx to the rcpaymart of the Periodic Payments if, and to the eattent that, each payment can be paid in -tCA(PA) toaos) P.p• ~ 01 ~e Form 5039 t/01 ~t 19~38PG3.3.O5 7000029832 fup. To the extent that any excess exists attrx the payment is applied to the full payment of one or more Poriodic Payments, such excess may be applied w arty tats charges due. Voluntary pr+epaymants shall be applied first to any prepayment charges and then as described in the Nota. ~Y application of payments. insurance proceeds, ~ Misccllaneoua Proceeds to principal dua under the Nora shall not eatcnd a postpone the due dart, or things the amount. of the Periodic Payments. 3. lruads for 1H'sca'~rw Items. Borrower stroll pay to Lender an the day t'eriodic Paynxatts arc due under the Note, until the Nota is paid in CuB, a sum (the "Funds"} w provide for payment of amounts due for. (a} takes and assessrnortls and other iterrts which can attain priority over this Security Instrument as a lien or encumbrancx on the Property; (b) Icaseltoad payments or ground rants on the Property, if any; (c) premiums for any and all insuranc;a r+oquited by Leader tinder Sediat S; and (d) Mortgage Insurance promiums, if any, or any auras payable by Borrower w Lender in lieu of tl-e payment of Mortgage Insurance premiums in accardattce with the provisions of Section 10. These items arc called "Bscrow Items." At origination or at any time during the lean pf the Loan, Lertder may trquira that Community Association Dual. Fem. and Assessments, iF any, be escrowed by Borrower, and such dues, foes and assessments stutll be an Escrow Item. Borrower shall promptly famish to Lender all notices of amounts w ba paid under this Sxtion. Borrower shall pay Lender iha Funds for lsscrow Items unless Lender waives Borrower's obligation w pay the Fttnds for any or all Escrow lt~eros. [.erxicr may waive Borrower's obligation to pay to Lender Funds for any or all Escrow ]tams at any titre. Any such waiver may only be in writing. In the avert of such waiver, Borrower shall pay directly, when and whore payabl~,lha amounts due for any Etacrow Items for which payment of Funds tuts been waived by Lertciicx and, if Lender requires, shall furnish a Lander roreipts evidencing such payment within such tune period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for alt purposes be doomed W be a covenant and agnxment contained in this Saarrity In~nrme~nt, as the phrase "covenant and agrccmartt" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, anti Borrower fails W pay the amount dua for an Escrow [tam, Lenc~r may exercise its rights under Section 9 and pay such ernount and Borrower shall then be obligated under Section 9 w ropey to Lender any such amount. Lcurdcr may revoke the waiver at m any or all Escrow Items at any time by a notice gluon in accordance with Section l5 and, upon such revocatiorr, Borrower shall pay to Londe alI Funds, and in such amounts, that arc then requited under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient W permit I.endcr to apply the Funds at the time specified under 1tESPA, and (b) not to exceed the maximum amount a lcx>der can require under RESPA. ].ender shall estimate the amount of Funds due on the of current data and reasonable estimates of expenditures of futtue Escrow Items or otiwrwise in accordance with Applicable Law. The Funds shall be held in as instiwtion whose deposals airs insur+od by a federal agawy, instrumerttal'ay, or entity (including Lends, if I.cndex is an in~itution whose deposits era so insured) or in any Federal Home Laert Bank Lender shall apply the Funds to pay the Escrow Items no ]star than talc lime spocxficd under ItESPA. Lander shall not charge Borrower for holding and applying rho Pwtcfs, annually analytdttg 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 agcoerntxtt is made in writing or Applicable Law requires interest a be paid on the Funds, tender shall not be required to pay Bexrower any interest or earrings on the itind.4. 13orrowcr and I..ender can agree in writing, however, that inlcr~CSt shall be paid on the ~•aA{PA) eosost v.9. a o1 ~ e Forts 9058 1101 BK:1938PG334'6~ ., . ~oooozsBas Fwtds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If these is a surplus of Funds held in escrow, as definal under RESPA, Lender shall account to Borrows for the catccss funds in accordance with RESPA. if Chao is a shortage of Funds hdd in escrow, su defined under RESPA, Larder shall notify Borcows as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RESPA, but in ao more than 12 monthly payments. if there is a d~aency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower ac rcquir+ed by RESPA, and Borrower shall pay to lerrdcr the amount.naxasary to make up the dcftciency in accordance with RESPA, but in na more than 12 morrthiy payments. Upon payment in full of all sums secured by this Sor.~rrrity lnstnunenl. [rends shag promptly refund to $orrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay a!I taxes, assess<ncnis, charges. fines. and impositions euributabk; W the Property which cart attain priority over this Security Instrument, leasahotd payrnenis or ground rents on the Property. if any, and Community Association Dues, Foes, and Assessnuxtts, if any. To the extent that these iitcros arc >:scrow Items, Borrows shall pay thorn in the manna provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security lnatrumutt unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable w L~tder, but only so long as Borr'owtx is performing such agr+cetncx~t; (b) contests the lien in good faith by, or defends against enforcement of the lice irt, bgal prooeedirtgs which in Lender's opinion operrue w prevent the enforcement of iho liar while those proceedings arc pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement stuisfactory to Lends subordinating the lien to this Security Instrument. If Leader determines that any part of the Property is subject w a lien which can attain priority over this Sxurity Instrument, Lends may give Borrower a notice idattifying the liar. Within 10 days of the date on which drat notice is given, Borrower shall satisfy the lien or take one at more of The actions set forth above in this Section 4. Lender may r+cyuirc Borrows to pay none-time charge for a real estate tax verification and/or reporting service used by Lcndcr in connection with this Loan. S. Property Ia4urance. Borrower stroll keep the improvcraa~ts now existing or htxeaitcr croctod on Utc Property insured against loss by fire, harards included within the tam "axtatded covetitge," and any other hazards including. but trot limited to. earthquakes and floods, for which Lender requires insurance. This insurance Mall be maintained in the amounts (including deductible levels) and for the periods that Lends requires. What Lends requires pursuant w the preceding sentatces can change during the tarn of the Loan. The itunuance .carrier providing the insurance shall be chosen by Borrower subject to l.endor's right to disapprove Borrower's choice, which right shsU not be excrciacd unreasonably. Leader may require Borrower m pay, in connection with this Loan, either: (a) a otre-time charge fa flood ~xone determination, cc~tification and sacking services; or (b) a onetime charge for hood zone deuamination and certificatson services and subsequent charges each time rrmappings or similar changes occur which rcasonab(y might affect such deterTninalion or cxrtifu.ation. Borrower shall also be rosponsible for the payment of any fees imposed by the Federal Emugency lvlariagematt Agency in connection with Qrc review of any flood zone dcierrnituttion resulting from an objection by Borrower. Inalala• ~ , I ' v -6A(PA) (0602} pap• s W t6 Form 5094 1101 ~t:19 3 8 PG 3 30'7' 7000029832 If Borrower fails to maintain any of the coverages descnbed above, Lender may obtain insurance coverage, at Larder's option and Borrower's expense. Lender is under no obligation to purchase any particuhtr type or amount of coverage Themfare, such coverage shall cover Garden, bat might or might not pro6ect Borrower, Borrower's equity in the Propaiy. or the contents of the Property, against any risk, hazard or liability and might provide greater ar lesser coverage than was previously in effect. Borrower acknowlodgcs that the cost of the insurance coverage so obtairrad might significantly exceod tine cost of insurarrca that Borrower could have obtained. Any amounts diabursod by Lender undtx this Sextion S shall become additional debt of Borrower securod by this Security Instrument. These amounts shall bear lntenest at the Note rata from the data of disburaemcnt and shall be payable, with such interrst, upon ttod+ce from [.alder W Borrower roquesting payment. A11 insurancx policies required by Lender and rr;newals of such policies shall ba subjoct W Laukr's right to disapprove such policies, soap include a standard mortgage clause, and shall Hama Lender as mactgagw and/or as an additional loss payee. Lender strap have the right w hold the politics and renewal certificates. If Lender requires, Bcxrower shall pcomptty give W Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise rt;yuit~ed by Lender, for damage to, or destruction of, the Propaiy, such policy shall include a slamdard mortgage clatux and shall Warne Lender as mortgages and/or as an additional loss payee. In the event of bss, Borrower shall give prompt notice to the insurance carrier and Lender. Leader 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 undorlying lneucarto3 was required by Lender, shall be applied m restvratian or repair of the Property, if the restoration or repair is ocoaomicaUy foasible and Lender's security is not Iasssned. During such repair and restoration period, Lender shall have the right to hold such insuren~ prot:ecds until Leader has had ~ opportunity tv inspect such Property to ensure the work has beers oompletod to Lender's satisfaction, provided the such inspa.~lion shall be uadatalcen promptly. [.ceder may disburse proceeds for the repairs and ratboration in a single payment or in a series of progress payments as the work is complctod. Unless an agrccntant is made in writing or Applit~ble Law requires interest to be paid on such insurance protxeds, lender shall not be roquirrd w pay Borrowex any intuest or carvings on such proceeds. Pees for public adjuauxx, or other third partite, rrtained by Borrower shall act be paid out of the in~rigtrca proceeds and shall ba the cola obligation of Borrower. if the restoration or repair is not ccanomicatly feasible or Lertdcr's security would be lesaaud, dte insu:artca prncroeda shall be applied w the sums secured by this 5eauity Instrument. whdher or not then due, with the cattxss, if any, paid to Borrower. Such insurance proceeds shall be applied in tba order provided for in Section 2. if Borrower abandons the Property, Lender may tile, rrcgotiax and settle any available insuarnce claim and related rrrattera. If Bormwex does not respond within 30 days a a aotice from Lcndar that the insurance carrier has offa+ed to settle a claim, then Lender may negotiate and setae the claim. Tha 30-day period will begin when the notice is given. In eillter event, or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigns ID Lender (a) Borrower's rights to any insur~artae ptoeeods in an amount not to exccxd the amounts unpaid undo the Nate or this Security Inslruntertt, and (b) any other of Borrower's r'~ghts (other than the right to any refund of uneanrod premiums paint by Borrower) under all insurance policies covering tits Properly, insofar as such rights aro applicabM to the coverage of the Property. Lender may use the insurance procatds either to mpair or restore the Property or to pay amounts unpaut under the Nara or this Security instrument, whether or not then due. ~•6A(PA} tososl Psa~ ~ ~ ~e Form 303Y tlOt ~j g~8PG33'0-S 7800029882 6.Occupancy. Borrows shall occupy, establish, and use the Property as Borrower's principal residence within 6t) days afltr the execution of this $ocurity Instrunscnt and shall continue to occupy the Property as Borrower's principal residence for at least one year a~ the daft of occupancy, unless Landec otherwise agreev in writing. which consent shall not be unrcasorsably withheld, or unless e~ctatuatiag circumstances exist which are beyond Borrower's control. 7. Preservatbn, Maintenance and 1Protectloa of the Property; Inape:ctiaas. Borrower shall not destroy. damage or impav the Property. alkrw the Property to deteriorate or commit waste on the Property. Wbcthcr or not Borrower is residing in the Property, Borrower ahl maintain the Property in order to prevent the Property from dctcrioratiag or decreasing in value due to its cortdicon. Unless it is dotertnined pnrsnant to Seccorl S that repair or restoradan is not esoottomically feasible, Borrower shall promptly repair the Property iC efrunagat w avoid further deterioration or damage. If insurance or condemnation proceeds are paid in cntuloction with damage to. or the taking o[, the Proptxty, Borrower shall be ro~onsibie for repairing or restoring the Property only if Larder has rekmsod pr+ocxeds for such pterpoacs. E.cndcr may disburse proceeds for the repairs and restoration in a single paymast a in a series of pro~xs payments as the work is a-mpkted. If the insurance err oondaruration proceeds are not sufficient to repair or rtsa4ore the Property, Borrower is not ralievod of Borrower's obligation for the completion of such re~sair or restoration. Lesnder or its agent may make reasonable entries upon sad inspections of the Propexty. If it has reasonable cause. Ltxsdcr may irtspcct the inteaior of the improvemcalts esn ttte Property. Condor shall give Borrower notice at the time o[ or prior to such an in~rior inspetcon specifying such reasonable cause. S. Rnrrower's I.rwn Application. Borrows shall be in default if, during the Loran application process, Bonowex or any pexsons or entices acting at Jsc direction of Borrower or with Borrower's knowledge or consent gave matcrhly false, misleading, or inaccurate infwrnatitsn or state,natta tv Lendex (or failed to prgvide Lender with matexiat information) in connection with f}re Loan. Material rcpreaatlacona include, but aro not 1'united to, representations cxrrsccxning Borrower's occup~arecy of the Property as Borrower's principal residence. 9. Protectieltt of Leader's Interest in the Property and Righis Under this Security Itratrameat. if (a) Borrower fails SO perform the covcnarsts and agrecmeats contained in this Security Instrument, (b) there is a Iegal proceeding that might significantly affect l,ersda's interest in the Property and/or rights under this Security 1nsWmcnt (such as a precasting in bankttlpocy, probate, for condemnation or rorfeiture, Ca enPtx+cartent of a lien which may attain priority over this Secuuity Instrument or fp enforce laws or rc}juAtUorts). or (c) Borrower Ass ahot-ed the Pmpaty, .then Lander may do and pay for whatever is t+casonabie or appropriate to protect Lender's interest in rite Property and rights undex this Setatrity Instromast, including protoccng and/or assessing the value of the Properq+, and securing anel~or repairing rho Property. Lender's actions can Includes, but arc not limited to: (a) paying any awns aecurod by a lien which has priority over this Security Inatrumerlt; (b) z<ppearing in court; and (c) paying ccasonable attorneys' fees to prottct its inttrcat in the Property and/or rights undtx this Security Instrument, inching its secured posicon in a bankruptcy proca~ing. Securing the Property includes, but is not limited to, tmuxing the Property to make repairs, change locks, replace or board up doors and windows. drain water from pipes, eliminate building or other cxtde violations or datsgerous conditions, and have utilities turned on or off. Although tender may take action under this Soctiaa 9, Lender does not have W do so and is not under any duty err obligation to do so. It is agrees! liras I.endtx incurs no liability for not taking any ar all actions authorized under this Section 9. Inhkir. ,,,~~ ~ r~~ ~•6A(PA) {osoxt P~• a or ~s Farm 9099 11(11 BK:.1.9~3~~PG3309! 7000028832 Any amounts disbursed by Lendm under this Section 9 shalt becane additional dabs of Borrower scoured by this Security Instrument. Those amounts shall bear interest at the Note nuc from the date of disbursement and shall be payable, with such intcaest, upon noticx from Lends W Borrows requesting paY~G IC this Security lnstnrmcnl is on s leasehold, Borrower shall comply with all the provisions of ifrc Icase. If Harrower acquires fee title to the 1?ropcrty, the leasehold and the fee dtlc shall not margc unk,as Lender agrees rA the magar in writing. IQ. Mine Insurance. If Larder required Mortgage Inaurattce as a condition of making the Loan, Borrower shall pay the premiums required to maintaiu the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Candler ceases a be available from the mortgage insurer that previously provided such insuratrce and Borrower was required to make separately designated paymcnty toward the premiums for Mortgage Inswtr»cc, Borrower shall pay the promiuma required to obtain coverage substantially cquivalont to the Mortgage Insurance previously in effort, at a coat aubstatttlaliy equivalent to ttu cost w Borrower of the Mortgage Itr~rsanc:e previously in effect, from an sltesnatc mortgage insurer seieocttd by Larder. If substantially equivalent Martgsgc Insurance coverage is not available, Borrower shall continue W pay to Lender the amount of the acparafaly designated payments that were due when the 'rnsurarrce coverage ccxrsed to be in effort. Lender will accxpt, use and retain thew payments as a non-resfurrdabIc kus reserve in lieu of Mortgage ]nsurarrce. Such loss ttrservo shall be non-rctundable, notwlti>sbrnding thcfartthat the Loan is ultimately paid in full, and Leader shall not be rcyuired to pay Borrower any inttxest or earnings an such loss trserva Lender ran no longs require loss resa've payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires} providal by an insurer sclecoed by Calder again becomes available, is obtained, and Lender requires separately de.tignated payments award the promiums for Mortgage Insurance. If Lender rogaircd Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately dcaignatad payments Dowsed tree premiums for Mortgage Insurance, Borrower shall pay the prorniums royuirod w maintain Mortgage Insurance in effect, or to provide anon-refundable: loss mserve, until Lcndex's requerancxit for Mortgage Insurance ends in aocardanre with any wrtttett agreement between Borrower and Lender providing for such texrninstion or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation w pay interest at the rate prtnridal in the Note. Mortgage Inaurar~a reimburses Lender (or any entity that purchases the Nola) for certain losses it may incur if Harrower does not ropey the Loan as agreed. Barrows is not a party to the Mort,~e Insurance. Mortgage instxtirs evaluate their total risk on all such insurance in force from lirrm Ua time, and may cnta into agreements with other parties that share or modify their risk, or reduce losses. These agrcanents arc on terms and conditions that arc satisfacoory to the mortgage insttm sad the other patty (or panics) to these agroesnents. These agreements may require the mortgage insurer to make paymarts using any source of funds U~at the mortgage insurex may have available (which may include funds obtained from Mortgage Insurance praniums). As a result of these agroarnents, Lender, any purdtasa of the Note, another insurer, any reinsures, any otlKx earthy, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that dexivc from (or might be characterizaf as) a portion of Borrower's payments far Mortgage Insurance, in archangc for sharing or modifying the mortgage insura's risk, or reducing losses. If such agreemnnl provides that an affiliate of L.atdtx takes a share of the insurer's risk in acchange for a share of the premiums paid to the insurer, the arrartgatrent is otlat termed "captive rolnstuaacc.° Further: (a) Any such agreements will nut affect the atneiuab that Harrower has agreed to pay for Mortgage [r~vrance, or any other terms oP the Loan. Such agree~rnents will not increaste the amount Borrower will awe for Mortgage Insurance, and they will not entitle Borrower to any refund. Inltinln• ~~` -aA(PA) reseal Paa• a of is Form 8098 1101 get 19'38P633~t~4: 7000029832 (b) Apy such agreements will out affect the rlghts Burrawa~ lies • it any • with rexpect to the Motrtgage Insurance under the Homeowners Protectlun Ad of 1998 or any other law. 77eest rlj>,ta may include the right to recsive certain discbsures, tv rearrest and obtain canceNatirro of the Mortgage Insurance, pr ham the Mortgage Insurance terurawted automatically, and/or tre recdve a refund o! any Mortgage Insurance premiums that were uaeartted at flee time of such canceiWtlteu or ttsrnth~atioa. 11. Assignment of Misce0aneous Proceeds; Farfeitore. A11 Miscellaneous ProctxcLs are hereby assigned to and shall ba paid w Lender. If the Property is damaged, such Miscellaoooua Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Candor's sxurity is not kasenod. During such repair and rCSOOration period, Lender shall have the right t0 hall such Miscdlanoous Proceeds until Lender has had an opportunity to inapcct such Property to ensure the work has bane completed w Larder's satisfaction, provided treat such inspection shall be undcrtakat promptly. Lender may pay fa the rcpaira and rtaforation in a single disbursement or in a series of progress payments as the wank is cotrrpletod. Unbss an agreement is made in writing or Applicable Law requires inbGreaL to be paid on auclt Misallsutoaus Proceeds, Lender shall not be rogvirod to pay Bvcmwer any inux+est err earnings on such Misrallaeteous Proceeds. If the restoration or rgeeir is not a;onomically feasible err Leredcr's security would be lcs9ened, the Mittcetlaneous Proceeds shall be ~epGed to the sums secured by this Sxurity Instrument, whether or not then due, with the excess, if any, Paid to Borrower. Such Miscellaneous Proceeds shall be applied in the ordex provided for in Section 2. In the event of a total taking, destruction, tx losx in value of the Property, the Miscellaneous Proceeds shall be applied I0 the sums secured by this Stxurity Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which Qee fair market value of the Ptnprxty immediately bcforo the partial lakitrg, destruction, or loss in value is acptal to or greater than the amount of the sums securod by this Security [testrriment immediately bcfota We partial taking, destruction, ~ loss in value, unless Botrowtx and Lander olhawise agree in writing, the sums snctrrad by this Security Instrument shall be reducxd 6y the amount of the Misceganeous Prcxxoda multiplied by the Collowing fraction: (a)lter total amount of the turns secured imneediatcly before Utc partial taking, dcstractiore, or loss in value divided by (b) the fair market value of the Property immediately ba[oro the partial taking, destruction, or lass in values Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or lost in value of the Proppty in which Uec fair marker value of the Property immedi~aly beforo the partial taking, daswction, or loss in value is Iess dean the amount of the awns secured immediately bofon the partial felting, dt~tectian, or rota in value, itnlcsa Borrower and Lcndm otherwise agree in writing, rho Miacxllanoous Proceeds shall be applied w the sums secured by thin Security Inswmeret whethex err not the soma are Hurt due. If the Property is abandoned by Borrower, or if, after notice by Lcndea to Borrower that the Opposing Party (as dermal in the next acntcnce) offers to make an award to cattle a claim far dantagea, Borrower fails w respond to Ldxla within ail days after the dot the notirxs is given. Lender is authorized to collect and apply the Miscellserteous Procxods eithcx to restoration rtr repair of the Property or to the sums aecurod by this 5ccurity Instruneant, whether or not then due. "Opposing Party" aeearts the third party thel owes Borrower MisceAaneaus Pr+ocwds or the party against whom Borrower has a right of action in regard w M'rsceilareeous Proceeds. Borrower shall be in default iC any action or proc;axOreg, whether civil or criminal, ~ begun that, m Larder's jeedgtnor-t, could result is forfeiture of the Property or other material Lnpairment of Loader's interest in the Pmpcrty err rights under this sot:uurity lnstrurreent. Borrower s"att cure such a default and, if accetara<ion has ocatrred, reinstate as provided in Sccdort 19, by esiusing the action or proeeoding to ba dismissed with a ruling that, in Lcnder'a judgment, precludes forfeiture aE. the Property or other material impairment of S -aA(PA) tosoz) ~ PaQ• Boa ~e Form 9te39 if01 700D029832 Lender's ;ntrresl in the Properly or rights under this Security lnatrttment. The proceeds of any award ~ claim for damages that ar+e attributable w the impairment of Lender's interest in the Properly are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. lZ. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modiCcation of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Brnrawtx shall not operate W release the liability of Borrower or any Successors in lnteresl of Borrower. Calder shall not be required to commence proceedings against any Successor in Interest of Harrower or to ret'use to extend time for paymart or oWcxwisa nwdiify arnorlizaliat of the sums secured by this Stxurity Instrument by reason of any demand made by Ute original Borrower or any Successors in Inter+eat of Bornowar. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's aceeptattoe of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount than due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint acrd Severs! Liability; Ctrsugners; 3ucoe~ors ssd Assigns Banad. Borrower covenants and agrces that Borrower's obligations and liability shall be joint and several. However, aay Borrower who co-signs this Security In~rument but does not acocutc the Nose (a "co-signer"): {a) is co-signing this Security Instrument only to mortgage. grant and convey die co-signer's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated W pay dre earns secured by this Security Instrument and (c) agras that Lender and any other Borrower can agree to extend, modify, forbear or make any acc:onunodations 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 Suctxsaor in Intp'est of Borrower who assumes Borrower's obligations ur~cr this Security instramcnt in writing, and is approved by Lender, shad obtain all of Borrower's rights and benefits under this Security Instrunuart. Borrower shall not be rcleasad from Borrower's obligations aad liability under this Security Instrument untt~s Lauder agrees W such rakatse in writing. 'ilre covenants and agreeanents of tbis Security Instrument shalt bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. Lvsa Charges. Lender may charge Borrower fees for services perfonmod in connection with Borrowex's default, fa Iha purpose oC protecting Lauier's intatat in the Properly and rights under this Security Instrtttucttt, including, but not [united to, attorneys' fees, property inspection and valuation foes. In regard w any other fees, the absence of expttti;sss authority in Ibis Security Instrument to charge a specific fee W Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that aro expressly prohibited by this Security Instrument a by App6cablc Law. [f the Loan is subject to a law which sets maximum loan charges, and that law is finally intrrpceted so that the interest or other loan charges collected or to be collecaed in connection with ttse Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount nocesaary W raluca the charge to the permitted limig and (b) any sums ahtady collected from Borrower which axcocdod permitted limits wlll be refunded to Borrower. Lettdcr may choose to meta this refund by reducing the principal owed under the Note or by making a direct payment w Borrower. If a refund reduces principal. the reduuion will be u~caud as a partial prepayment without any prrepayment charge (whether or not a prepayment charge is provided for under Ilre Note). Borrower's acxeptancxs of any anch refwrd made by direct payment to Borrower wilt catstiurte a waiver of any right of action Borrower might have arising out of such overcharge. Inltlak: ~~ { """' ~•3A(PA) tos02) Paper 1 t of 1B Form 9039 1101 B1t~:t 938~PG33~12 y000029832 15. Notices. All notices given by Borrower ar Lender in connection with this Stxurity Instrunrortt must be in writing. Any notice to Borrower in cortnecxion with this Security [nstrument Mall be dcartod to have been given to Borrower when nraikd by Ctrst class mai! or when actually delivered W Borrower's notice address if sent by other meauts. Notice m any one Borrower shall constitute notice to al! Borrowers unless Applicable Law expressly requirrs otherwise. The notice address shall be the Proptrty Address unless Borrower has designated a substitute notice address by notice to Lender. Bortowar shall promptly notify Lender of Borrower's change of address. iC Leader spocifus a procodtrte for reporting Borrower's change of address, then Borrower shall only report a change of address through that spccifred procedure. There may be ortiy one designated notit:e address under this Security Inswmcnt at any one liras. Any rtotica to Leauler shall bcs given by deHvaring it or by mailing it by Cuss class mail to Lender's address sttttod herein unless Lender has designated attothcr address by notice to Boaowcr. My notice in connection with this Security Instrument shall not be dtxrmed w have been given to Lender until actually rerxived by Lender. if any notice rrxluirod by this Security Insirtrntcat is also required under Applit~bk Law, the Applicable Law royuvanertt will s~tttisfy tt-c corresponding roquireateat under this Security [nstrumcnr+ 16. Governing Law; Severability; Rules of Cttoatrtrctlort. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. Ali rights and obligations contained in this Security Instrument are subject to any requirtstrtents and limitations Of Applicable Law. Applicable I,aw might cxplic3tly or impCtciUy allow the parties to agree by contract or it might be silent, but such sikhsce shall not be cwtstrued as a prohibition against agreement by contract. In tits event that any provisuwn or clause of this Security Instrument or file Note cbnflir:ts with Applicable Law, such conflict shall not affect outer provisions of this Security Instrument or the Nate which ctm be given effect without the conflktittg provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include cornsportding neuter words or wards of the fcrtlirtinc gender; (b) words in the singular shall mean and include the plural and vice vexes; and (c) Ate ward "may" gives sole discretion without any obligation tp take any action. 17. Btrrrower'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 Burrower. As used in this Sectiotr 18, "Interest, in the Property" means any Iegal or beneficial interest in the Property, inchrding, but not limttod to, lianas beneCtcia! interests trrrtsfe:rod in a bond for decd, contract for decd. iastalhttettt salsa contract ar escrow agraxrtent, the intent of which is the transicr of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Intraast in We Properly is sold ar transferred (or if Borrower is not a natural pcrsott and a boncCrcial inteceat in Borrower is solo or transftxred) without Lender's prior written consent,, Leader may rcquin immediate payment in fait of all sums secured by this Security Instrument. However, this option shall not be eartxcised by Lender if such exercise is prohibited by Applitsrble Law. 1F Lender exercises this option, Leader shall give Borrower notix of acceitxation. The notice shall provide a period of not leas than 30 days from rho date the notlx is given in acoordtnca with Section 15 within which Borrower must pay all sums secured by this Security lttsttumatt~ T< Harrower Calls to pay these sums prior W the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice a demand on Borrower. 19. Brarrower's Right to Reinstate Alter Accekratiua. ff Borrower mebts certain conditions, Borrower shall have the right to have enforccxnertt of This Security iastruntent discontinued at any time prior to the earliest of: (a) five days before sab of the Property pursuant ro any power of ask contained in this Security Instrument; (b) such other period as Applicabb Law might specify for the termination of Borrower's right W reinstate; or (c) entry of a judgment enforcing this Security Inawment. Those conditions arc that Borrower. (a) pays Lender a!1 sums which thew would be due under this Soctuity Instrument and the Note as if nb acceleration had otxwred: (b) cures say default of any other covcnams or agreements; (c) pays sit Inlrisir "~^' '~~ u" ~•trA{PA) tosoz- Pap. iz or ~s Form 5039 1/01 gKl~ 9 3~8 PG 3 371,:3 7000029882 expenses incurred in enforcing this Security instrument, including, but not limited to, reasanablc auameys' fees, property inspa:tian and valuation fees, and other foes incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Irtstrtunent; and (d) takes such action as Lander may reasonably require to assure that Lender's interest in the Property and rights under this seauity Instrument, and Borrower's obligation to pay the sums stxured by this Security Instrument, shall continue unchanged. Lender may roquira that Borrower pay such rairtstatement sums and expenses in one or more of dra following forms, as selected by Lender. (e) cash: (b) money order; (c) certified chuck, bank chock. treasurer's check or ca5liicr's check, provided any such check is drawn upon an institution whose deposits arc itrsured by a federal agarcy, instrturieatality or entity; or (d) Eloctranic Funds Transfer. Upon ranstatemant by Borrower, this Security ]nstrumeat and obligations secured hereby shall remain fully e11'ective a+ if no aca:lcration had occurred. However, this right to rcinslala steal! not appiiy in the case of acecleradon ender Section 18. Zll. Sale of Note; Change of Loan Servieer; Notice of Grievance. The Note or a partial intcttist in stet Note (together with this Security Instrument) can be sold one or more times without prior notice W Borrower. A sale might result in a change in the entity (known as tha "Loan Sarvitxr") that collacw Periodic Payments due tmdar the Note and this Security Instniment snd performs other ItlOrtgagC loan servicing obligations under rtes Note, this Sac+u'Ity ]nstrument, and Applicable Law. Thera alr,o might ba one or morn changes of the Loan Setvicer unroWted to a sale of the Note. If than is a change of the Loan Scrvicer, Borrower will be given written notice of the change which will stage the name and address of the new Loan Scrvicer, the address W which payments shard ba made and any other informmion RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and diereaiicr the Loan is serviocd by a Loan Sorvicer other than the purchaser of the Note, the mortgage k>atr servicing obligations to Borrower will remain with the Loaa Scrvicar or be transferred w a auccesaor Loan Servicer and are sot assumed by the Note purchaser unless otliawisc providtld by the Note purchaser. Naithar Borrower nor Lender may commence, join, ~ be joined to any judicial action (as tidier an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security In~umant or that alleges that rho other parry 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 compliant:a with the royuirempits of Section l~ of such alleged breach and afforded the other party hereto a reasonabk: period after the giving of such notice w take corraxiva action. If Applicable Law provides a time period which must alapao before certain anion can be taken, that time period will ba doomed to be reasonable for purposes of this paragraph. The notice of aocclaation and opportunity to cure given to Botrowar pursuant to Section 2'l and the notice of acoeloration given w~Borrower pursuant w Section 18 shall bts deemed to satisfy the notice and opportunity to take eorroctive action provisions of this Section 20. 21. lilasardarra Substances. As used in this Suction 21: (a) "Hazardous Substanocs" era those substances defined as toxic or hazardous aubstatioes, pollutants, or wastes by lGrrvirotrtttental Law and the folk~+ing substances: g>tsolinc, kerosara, other Ilammabb or toxic pdrokum products, toxic patlicidcs and herbicides, volatile solvents. materials caataining asbestos or formaldehyde, and radieactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that rrlate to health, safety or anvirontnenUrl protection; (c) "Environmental Cleanup„ includes any response action, remedial action, or rcmaval action. as defirrod in Environmental Law; and (d) an "Envirottmentat Condition" mans a condition that tarn cause, contribute to, or otherwise trigger sn Environmental Cleanup. 1a181a1s::~J ~ -6A(PA) towel Vao• to •I is Form ~e9a 1101 ~( ~~ 9~3~8~PG 3 3il~:4 7000029832 Borrower shall not cause or permit the presence, use, disposal, Forage, or release of any Hsrcardous Subalanees, or ttttcatert to rclctaae any Hazardous Substaacxa, on or in~lhe Property. Borrower shall not do, nor allow anyone dse to do, anything affecting the Pro y (s) that is m violation of any Environmental Law, (b) which creaoea an Environmental Co~ndit9on, or ~wh~cls, due to the presence, uaa, or rckare of a oos Substance, creates a condition that adversely affixes rite value of the Property. The preceding iwo sattcrtces shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Subatatxxa that are #ataaliy r+ocognizal to be appropriate to normal t~eardontial uses and to maintcnancc of the Property (including, but not limited to, hazardous subs~riocs in consumer products), Borrower shag promptly give Lender written ttotict of (a) any invcsti~atiosr, claim, demand, lawsuit or other action by any govtxattteatal w regulatory agc~~cy or private party involving the Property and qty 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 die pt+esince, uao or rdcase of a Hazardous Substartoe which adversely affects the vahte of the Property. if Borrower liaurta, or is notified by any governmwttal a regulatory authority, or any private party. U-at any removal or othix rpttediatian of any Hazarclot~ Substtutce affecting the Property is neoeasary, Borrower aitall promptly take all netxasary rornedial actionti is acoordmice with Environmental Law. Nothing heroin shall create any obligation on Lender for an Environmental Cbartup. NON-UNIFORM COV6TIANTS. Sorrowix artd Lender further covenant and agree as follows: 22. Accekratioo; Remedia. l.eiader ahari give notice to 13urrawar pprior to acceleratfara Pitllttwbtg Iiorntwer's breach itt any covenant or aaggrreemeet in this Satruittyy Instrument (bat not prior t4 acaQeration wader Sallow l8 unless Applicable Law provides ittherwbe). Lender shag notify Borrower of, among other this • (a) the default; (b) the action required to cure the ddanlt; (c) when the default must be cured; and (mod) that faihtre tit cure the ddault mu~~ may result in aceekratioa of the auras secured by this Sauri~ Toetntment, tarecWsare by j proceeding sad sole of the Property. Lender shall further inform ttrrower of the r~ht to reht~ttte after atxeleratina and the ~bt to assert in the toreclosare proceed~g the non-exbtent:e of a defaalt or any utaer defense a[ arrower to accektatbn,and toralosure. If the default is trot cured as apeatiat, Lender at Its nptioa may require immedbte payment is fall of all sums aaured bJ this Securhrr Inatrutaeat vrkitout ftinrtiher demand sad may foreclose this Security Instrament by judkial proceedUt .Linder shall be eatitlad to collect ail expenses incurred it pwrauin$$ the remedies provbed in t6hr 2?, including, but not Nntited to, attorneys' tees aad coats of tick evidence W the etrteat permitted by Applicabk Law, ?3. Reteaae. Upon payment of all sums secured by this Security Instrument, this Sa:urity Instrument and the estate c~uveyyed shall tcrmittate and becotna void. Af1cr ouch oocurrattx, Candor strait discdarge and s~isfyy this Security Instrument. Borrower shall pay any rocardaliott coats. Lender stay charge Borrows a fa for releas'mg this Security irt:trurrtait, but and tf the fa is paid to a third party for services rondercd and the charging of the fcc a permitted under Applicable Law. ?A. Waivers. Borrower, to the extent perndttitd by Applicable Law, waives and releaaca arty errs or defects in prooeodings to enforce this Securty insWrrtent, aad hereby waives the bcataf"rt of any present or future laws providing for stay of execution, extension of time, exattpttat from attachment, boy and sale, and homestead exemption. 2S. Rdaabtement Period. Borrovvcr's time to reinstatt; provided in Scctiort 19 shall extend to one hour prior w the commencement of bidding at a sheriff's sob yr other sale pursuant w this Security Instrument. 2b. Purchase Money Mortgage. If an of the debt ttecuroci by this Security Ir-atrurrtent is Icnt to Borrower to acquire title W the Prvpa~ty, this Seecurty Itistruntetit shall be a piu+chase money mortgagtt. 27. Interest Rate After Judgment- Borrower agrees first rite inOt:rest rate payabtc slier a judgment is entts'ai on the Note or in an action of mortgage foreclosure shalt be the rate payable from time to. time under the Notc. i.nr.u: ~~~L -6A(PA) tosox} PaQ.1~of 18 Form 909 1101 Bi~~i~ 9'3 8 PG 3 3':Ii~S 7000029832 BY SIGNING BELOW, Borrower accepts and agrees to the temps end covenants contained in this Sccuriry lnstrumeat and in any Rider executed by Borrower and reoordcci with it. Witnesses: C~----.- (Seal) NUA A KANN -Borrower (Seal) E NN .Borrower ~5~~ -Borrower {Scan -Borrower _ (Seal) -Borrower ~•8A(PAl to5o9) Pays t6of 18 _ (Seal) -Borrower _ (Scat) -Borrower (Seal) -Borrower Fo-m aos9 von ~~1.9 3 8~PG 3 3~:1~6 i r 7d0oo29ss2 COMMONWEALTH OF PENNSYLVANIA, `~~ ~~2 ~°'nD County ss: On this, the 19th day of January, 2008 , before me, the undersigned o~ccr, personally appeared JOSHUA A KAHN MIGNELLE L KAHN known w me (or satisfactorily proven) to be the person(s) whosts name(s) ia/are subscribed w the within instrument and acknowledged that he,/sltelttrey executed the same for Utc purposes heman contained, IN WITNESS Wf~REOF, I hereunto se! my bond and official scat. My Comntission Expires: y 1 Z Q~ZO 0 T ~ YL ANA ,Q~~f Noteriel Seel ! t 1'aur N. r)nlrick. Nntuy !'ablic North btiddloDOn 1 evp., Cumborlmid Countyy My Commtssltm Gcpiros Atx. 29. 2tg7 nae or orr~e certificate of Residence I, ~.` ~{~~ C~~ , do hereby certii'y that the oorroct ad of the within-nemai 1Dt6rtgagcc is P.O, Box 2026, F7in1, MI 48501.2026. Witness my hand this 19th day of January , 2006 , Arent of Murtgreeo Inilleb~~ /1'11`, ~•/tA(PA) {CSpe) Py 1e of to FOfM S0S8 1101 8~~1~~938~P6~3 3~f:.7,~ ~ooooxsa~z• ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Publisbtd Ia TJte Wall Street Jor~raal) -Rate Caps) TH18 ADJUSTABLE RATE RIDER is made this 19th day of January 2006 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned {"Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Soverefpn BsNk ("Lender") of the same date and covering the property described in the Security Instrument and located at: 504 N iftILNUT STREET NDUNT HOLLY SPRINGS, PA 17066 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. to addition to the covenants and agreements made in the Security instrument, Borrower and lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.975tl~. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate 1 will pay may change on the first day of February 1, 2009 , and on that day every 5th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Oate, my interest rate wiU be based on an index, The 'Index" is the average of interbank offered rates for six month U.S. doliar•denominated deposits in the London market ("LIBOR"), as published in The Walt Street .1cgrnal. The most recent Index figure available as of the first business day of the month immediately preceding the month fn which the Change Date occurs 1s called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder wil! give me notice of this choice: (C) Calculation o1 Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Flvs sad Seren Hundrsd Seveatty-Flue Thousandths pt-rcentagepofnts ( 5.77500 %) to the Current index. The Note Holder will then round the result of MULTISTATE ADJUSTABLE RATE RIDER -LIBOR SIX•MONTH INDEX fAS PUBLISHED IN LL STREET.IOURNAL) -Single Family -Fannie Mae Uniform Instrument -8388 {0402) Form 313811 1 Page 1 of 3 Initials:~(~ VMP Mortgage Solutions, inc. I~~~~ (800)521-7291 IIIN- 1002610-7000029882-8 BK.1 ~9-3.8:PG 3:3k1'8 7.000029$3 this addition to the nearest one-eighth of one percentage ppoint (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount wtil be my new Interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new Interest rate in substantially equal payments. The resuR of this calculation will be the new amount of my monthly payment. (D) Limits on interest Rate Changes The interest rate I am required to pay at the first Change Oate will not be greater than 10.9750 % or less than 7.9750 90. Thereafter, my interest rate wilt never be increased or decreased on any single Change Date by more than One percentage poirns { 1.0000 ~°) from the rate of Interest I have been paying far the preceding 6 months. My interest rate will never be greater than 13.9750 ' %. (@) Efiectlve Oate of Changes of mlyMUnew month~st rate will become effective on each Change Date. I will pay the amount Date until the amount of rnnmo~ hlning on the first monthly payment date after the Change y ~ y payment changes again. {F) Notlca of Changes he Note Holder w i deliver or mail to me a notice of any changes in my Enterest rate and. the amount of my monthly payment before the effective date of any change. The notice wiii include information required by law to be given to me and also the title and telephone number of a person who wiii answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A $ENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as fotlawa: Transfer of the ~Propsrty or a Beneflclal Irnerest In Borrower. As used In this Section 18, "Interest in the Property" rneans any legal or beneficial interest in the Property, including, but net limited to. those beneficial interests transferred In a bond far dead, contract far deed, Installment sales contract or escrow a reemsnt, the intent of which fs the transfer of title by Borrower at a future date to a purchaser. li sll or any part of the Property or any Interest in the Property is sold or transferred (or t Borrower is not a natural person and a beneficial interest in Borrower Is sold or transferred) without Lender's prior writteh consent, Lender may require Immediate payment in full of all sums secured by th[s Security Instrument. However, this option shall not be exercised by Lender it such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: {a). Borrower causes tc be submitted to Lender Intormatlon required by Lender to evaluate the Intended transferee as if a new loan were being made to the transferee; and `b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security instrument Is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable tee as a condition to Lender's consent to the loan assumptton. Lender also may require the transferee to sign an assumption a reement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower In writing. ** atfy interest rate will never 6e less than 7.975% ' __4 Initials: ~~~- •1"'~l~ -83tiR {))402) Page 2 Of 3 Form 31361/01 ~~ i~ 9~3:~PG 3'3 ~~~'9 M ~ ~0ooo7~a~2' If Lender exercises the option to require immediate payment in full, Lender shall gWe Borrower notice of acceleratbn. The notice shall provido a porbd of not less than 30 days from the date the notice is given in accordance wish Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Alder. (Seal} (Seat) J lit1A A KAHN -Borrower MI ELLE L A -Borrower ~838R (0402} _ (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower _ (Seal) -Borrower Page 3 of 3 (Seal) -Borrower ,._. (seaq -Borrower Form 31381/01 8ii .~. 9°3 8~P6 3:3~2~~ ~ w I ~ ' , ~ ~ I r EXH113ff A LEGAL DESCRIPTION All those two certain tracts of land with the improvements thereon erected situate in the 13omugh of Mount Holly Springs. Cttmbcrland County, City of Mount Holly Spring and State of Pennsylvania bounded and described as follows: Tract No. 1: Beginning at a point in the center of North Walmit Street et corner of land now or fottnerly of Clarence L. Cutesy, thence by said land, south 89 degrees 15 minutes east 212.83 feet to a nail in an alley, thence by said alley south 0 degn'es 43 minutes west 66.53 feet to a nail in said alley, thence by land now or formerly of William L. Minich and Violet Y. Minich, his wife, north 88 degrees I 1 minutes west 65.00 feet to a point, thence by same, south 2 degrees 27 minutes west 4.50 feet to a point, thence by tract No. 2 herein north 89 degrees 15 minutes west 53.50 feet to s point, thence by land now or formerly of William L. Minich and Violet Y. Minich, his wife, twrth 86 degrees 58 rttinutes 58 seconds weal 94.70 fat to a point in the center of Norih Walmd Street, thence by same, north 0 degroea 57 minutes 20 sxonds east 6G. l I feet to a point, the place of beginning, Described according to a survey by Noel B. Smith, Registered Surveyor, dated October 28, 1971. Tract No. 2: Beginning at a point at comer of Tract No. 1 herein, thence by land now or formerly of William L. Minich and M. Violet Minich, his wife, south 2 degrees 27 minutoa west 2.15 feet to a point, thence by same, north $6 degrees 58 minutes 58 seconds west 53.30 feet to a point, thence by Tract No. 1, herein, south 89 degrees l5 minutes east 53.50 feet to a point, the place of beginning. Tax id#; 23-31-2189-022 I ~Certi fy ~_~ i Y ;a ~,4 recorded In Cumberl~n~ County P.f1. r` `~ ~'' Recorder of Deeds ~.~~ 9:38 P6~~ 3~'~~~ ~.l.v VERIFICATION \T~~~~i ~p~~Y~~ ,Esquire hereby states that he is attorney for US Bank National Association as Trustee in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersign intention to substitute verification from Plaintiff as soon as it is received coon The undersigned understands that this statem n is e b ect o he penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to autho i es. ~ Dated: ~ ~ ~ ~ ScottlA~ Diet{erick, Esquire; PA I.D..#55650 Kimb r y A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman„ Esquire; PA I.D. #202729 Ashleigh L. Levy, Esquire; PA I.D. #306799 Attorneys for Plaintiff Zucker, Goldberg & Ackerman, LLC XCP-146835 David -D. Buell - Prothonotary Office of the Prothonotary Cum6erfand County, Pennsylvania /1- o/S1 ORDER OF TERMINATION OF COURT CASES �irkS. Sofionage, ESQ Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, TA • Phone 717 240-6195 0 Eax 717 240-6573