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Home My WebLink About11-0393MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 HSBC Mortgage Services Inc. 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. Daniel G. Poth 437 Shippensburg Road Newville, PA 17241, and Jane M. Poth 437 Shippensburg Road Newville, PA 17241, Defendants To: SJ4fo? L C- + M 1"'oT-t4 You are hereby notified to file a written response to the enclosed within twenty (26) days from the service hereof or a judgment ma be entered against you. orney o 1fr- Attorney for Plaintiff File: 22.14375 COURT OF COMMON PLEAS CUMBERLAND COUNTY <-a No.. 11-313 c ;v ' F-r7 z m c.., : . 77 CIVIL ACTION ?jj MORTGAGE FORECLOSURE; . - -, 66 p?t a- ( y ?k 7JG 7 01- a-s3 i--/ a NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without 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 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 HSBC Mortgage Services Inc. 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. Daniel G. Poth 437 Shippensburg Road Newville, PA 17241, and Jane M. Poth 437 Shippensburg Road Newville, PA 17241, Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HSBC Mortgage Services Inc. (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 636 Grand Regency Boulevard, Brandon, FL 33510. 2. Defendants, Daniel G. Poth and Jane M. Poth, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated April 21, 1986 and recorded April 25, 1986 in Deed Volume 31, Page 743. 3. Defendant Daniel G. Poth, upon information and belief, resides at 437 Shippensburg Road, Newville, PA 17241. Defendant Jane M. Poth, upon information and belief, resides at 437 Shippensburg Road, Newville, PA 17241. 4. On November 12, 2005, in consideration of a loan in the principal amount of $121,600.00, the Defendants executed and delivered to Fidelity of Pennsylvania Mortgage Inc. a note (the "Note") with interest thereon at 8.990 percent per annum, payable as to the principal and interest in equal monthly installments of $1,232.62 commencing January 1, 2006. See Note attached. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Fidelity of Pennsylvania Mortgage Inc. a mortgage (the "Mortgage") dated November 12, 2005, recorded on November 22, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1931, Page 4170. See Mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded August 25, 2009 under Instrument Number 200929788. See Assignment attached. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 437 Shippensburg Road, Newville, PA 17241. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due May 1, 2010, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become 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. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ................................$109,116.98 Accrued but Unpaid Interest from 12-07-'10 17:06 FROM- \/H ? ? ? T-338 P0024/0031 F-390 ALL THOSE TWO TRACTS OR PARCELS OF LAND AND PREMR1M. SITUATE. LYING AND BEING IN THE TOWNSI4W OF NORTS NEWTON TN rtm COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA MORE PARTjcULARLY DBSCROED AS FOLLOWS: TRACT N0.1: BBQINNNG AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO. 533, WHICH 'POINT IS TM NORTHVISTMN CORDER OF Loo No. 9 AS SHOWN ON THB HEREINAFTER MENTIONED PLAN OF LOTS; THENCE SOUTH 43 DEGREI'S 9 h9NV1ES BAST ALONG THE WESTEM N LINE OF SAID LOT NO.9 A DISTANCE OF 200'PEET TO A PONNI; TONG E SOUTH 44 DEGRM 35 MB UM WEST, A DISTANCE OF 91 FEET TO A POINT OK THE EASTERN LINE OF A 25 FOOT FARM LANE; THEM NORTH 39 DEGREES 25 moiuIES WEST ALONG TIM EASTERN LINE OF SAID FARM LANE, A DISTANCE OF 290.4 FEET TO A POINT IN TSE CENTN.R OF SAID PENNSYLVANIA STATE HIGHWAY ROUTE NO. 533; THENCE ALONG THE CE'N'TER LM OF SAID PENNSYLVANIA STATE HIGHWAY ROUTE NO. W, NORTH 44 DEGREES 35 MINU M EAST, A DISTANCE OF 77.3 FEET TO A POINT. THE PLACE OF BEGINNING. TRACT NO 2: BEGINNING AT A POINT N THE CEIVER OF PENNSYLVANIA STA-M HIGHWAY ROUTE NO, 533, WMCH POINT IS THE NOR.THEA6IM CORNER OF LOT NO. 19 (TRACT NO.1 ABOVE DESCRIBED I AS SHOWN ON TIM HERBINAFTER MENTIGNBD PLAN OF LOTS; THE SOUTH 43 DEGREES 8 MINCTTES BAST, A DISTANCE OF 290 FEET TO A POINT; THENCE 44 WGRESS 35 LONUTES EAST, A DISTANCE OF 100 FEET TO A POINT, THE SOtII OWDST CORNER OP LOT NO. 8; THENCE NORTH 43MGMD 8 MnW= WEST MONO THE VMftW N LINE OF LOT X0.8. A DISTANCE OF 200 FEET TO A POINT IN THE CENTER OF SAID PENNSYLVANIA STATE HICiH'WAY ROUTE POINT IN THE CENTER OF SAID PENNSYLVANIA STATE HIGHWAY ROUTE NO S33; THENCE ALONG THE CENTER LINE OF SAW STATE HIGHWAY. SOUTH 44 DEGREES 35 Will"IBS WEST, A DISTANCE OF 100 FELT TO A POWT, THE PT.AC X OF BEGINNING PARCEL# 30.08-0593-090 is to be rcGOrded 1 ?ettifY d Coun?Y PA In ?1? .J?%+'"rr" 4 corder of Dccds l 1931 FG-4.187 4/1/10 to 1/17/11 ..........................................$7,667.94 Accrued Late Charges ......... ...........................$493.04 Corporate Advance .............. ........................$1,259.00 Escrow ................................. ........................$3,389.04 Title Search Fees ................. ...........................$150.00 Extension Interest ................ ......................$10,759.00 NSF Fee ............................... .............................$20.00 Reasonable Attorney's Fees ........................$1,300.00 TOTAL as of 01/17/2011 .... ....................$134,155.00 Plus, the following amounts accrued after January 17, 2011: Interest at the Rate of 8.990 per cent per annum ($26.87 per diem); Late Charges of $61.63 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 437 Shippensburg Road, Newville, PA 17241 as well as to address of residences as listed in paragraph 3 of this document on December 6, 2010, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $134,155.00, plus the following amounts accruing after January 17, 2011, to the date of judgment: (a) interest of $26.87 per day, (b) late charges of $61.63 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOC TES, LLC 'Pa?tr clc_J esner 00ire Attorney for Plaintiff VERIFICATION I, Patrick J. Wesner, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I make this verification on. behalf of the Plaintiff because Plaintiff is outside the jurisdiction of the Court. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure have been obtained from the Plaintiff, and are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. '4904, relating to unsworn. falsification to authorities. 4?atricW. esner, Esquire Title: Attorney (Page 1 of 11) Loan t!: 0102967254 RIG VA November 12M IN5 Newvgk PA 437 Slik9enabartt Read, Newvide, PA 17241 1. BORROWER'S PROMISE TO PAY In rclum for a loan that I hum received, I promise to pay U.S. 5121,iMA0. (this amount is called 'Prhhclpa X plus is=4 to the ender of the Coder. The Leader is Fidelity of Peausylvaah Mortgage loc.. Twill make ad payments under this Now in the ftm, or cub, check or money order. I understand that the Lends may transfer this Nota The Lender or sayme who takes this Note by transfer and wbo is entitled m receive payments under this Note isall d the 'Mole Holds." 2. f14TFJUM ' Inltxeal will be charged on unpaid principal until the fall amount of Principal has been paid. I wh7Fpay interest at a yearly rat of &f90X. The interest rate retlored by this Section 2 is the rate I will pay both before and Alter any default described in Section RB) of dds Note. 3. PAYMENTS (A) Thu asnd Place of Payments f will pay pdm*t and interest by making a paymou every month- I will make my toordidy payment on the tat day of each month beginning on January lsk 2006. 1 will make these payments every month until I have paid all of theprinchpd and interest and any odor chases descrbed below did I may owe order this Noce. Each monthly payment will be applied as of its scheduicd due date and will be applied to interest before Principal. IT on Deoemnba Is, 2020, I still owe amount urderthis Note, I will pay those amounts in full an that date, wbkb is called the 'Maturity Date.' I will make my zwr ddy poyaornla at 555 North Lao; Suite 5030 Conshohocken, PA 19429 or at ¦ dilfercutpYee ifttaluced by the Note Holder. (B) A-at of Moatbly Payments My m muddy psymest will be in the amount ofU.S. SW2.62. 4. BORROWER'S RIGHT TO PREP" I have the right to matte payments of Principal at any him before they are due. A payment ofPrmccipal only is known as a'Pnpaymat." When I make a PmpaymeK I will tell the Note 1IOWa in writing that I am doing so. I may not desigute a payment as a Prepayment ifl have not madc all the monthly payments doe under the Nose. 1 may make a fill Prepayment or partial Prepayments without prying a Prepayment large The Note Holder will use my Papaymas to reduce the amount of Pdociptl that I owe under his Nate. However, the Note Holder may apply>ty Ptayment to the accrued and unpaid utsest on the Prepayment ammmy before applying my Prepayment to reduce the Principal ametmt of the Now If 1 maim a partial Prepayment, diem will be no changes in the due daft or in the amount of my monthly payment unless the Note Holder agrees in writing to dim changes. S. LOAN CHARGES If a law, which appplia to this loan and wbkb sea ttrmanum im charges, is Eemdy iotapre/ed a that the interest or otter ham chaises collected or to be collected in oooneaion with this lose exceed the permitted limits, dKir (a) any such low charge shall be reduced by the amount necessary to redaeo the charge to the permitted limit; and (b) ay an= already ewlimad Ram we which exceeded permitted limits will be refintded so me. The Note Holder may chose to make this retard by reducing the Principal I eve under this Nose or by meking a tdmet payment to me. If & refinl r edeces Principal, the reduction will be treated as a partial Pn payowuL PamturAtrrmnaAarnTS-ertte &may fi..rsawr?aNcr.r nNtsnosr tasnrs6rrr 16.,me taw o.Ri??,q?1 Pion 101111111 y?? (Page 2 of 11) 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdas Paymeab If the Note Holder has act received the full amount afany monthly payment by to end of 15 calendar days after the date it is doe. I will pay a late charge to the Note Holder. The amount of the durge will be 5.% of my overdae payment ofpriocipal and ioierrst I will pay this late charge promptly but only once an each late paytnen[ (B) Default If I do not pay dm full smo nt of each monthly payment on the date it is due, I will be is defouk. (C) Notice of Default If I m in defiv^ the Nola Holder my scud me a written notice telling we that if I do not pay the overdue eommt by a chin deer, the Note Holder may regmre ice to pay i medistdy the fall anauat of Principal which has not been paid and all the interest that I owe an that amount. That date must be at least 30 days after the dare on which the notice is nailed to me or delivered by other meas. (D) No Waiver By Nob Bolder Even if, at a time who I am in defmk the Nate Holier does not require me to pay immediately in full as described above, the Nate Holder will still have the right to do so if 1 am in default at a Inset lima (2) Payed of Nam Holder's Cub and Espeua If the Note Holder has required me to pay immediately in full as described above, the Note Holder will bave the right to be paid bade by me forafl of its coats cad eapcnsd'm cm%rdng this Noteto the ererilt not prohibited by applicable law. Three expense bacladr, for example, reasonable attoneys' fors. 7. G?OFNOMES [Jnleu appkable law M *dm a diffeent medlod, any notice tilt matt be giver to me under this Note will he given by delivering it or by mailing it by fan dug mad to me at the Property Addtm above or at a differat sddress if T give the Note Holder a notice of ety Mcrem addram Any notice that must be gives to the Note Holder under des Note will be given by delivering it or by mailieg it by &atclass nail to the Nola Holder at the address staled in Socl im 3(A) above or at a dilletcut address if l am given a aotiee of that Meted addresL & OKJGA7IONS OF PERSONS UNDER TMS NOTE If more than tee person sigma dds Note, each persmn is fully and personally obligated M beep all of the promises node in &it Note, i schdog the promise to pay the full amount owed Any petsm who is a Smanbr, aosety or er I of this Note is also obligated in do these>bitga Any person who takes over these obligations, i thadicg the abliptiono ofs gmwnlor, surety or cadosserof this Note, is also obligated to keep all ofher promises made in this Nola The Naas Holder may echra is righa under this Nate against each pence individuspy or against all of m together. This meant that my one of ms may be legnired to pay all of the amounts owed under this Note. 9. WAIVERS I std try oiler pawn who her obUgatitnt under this Note waive the right of Peesamneat and Notice of Dishonor "Presto more mom the right to repro the Note Holder to demand paymed of amounts due. -Notice of Dishonor' means the right to raps a the Note Holder to give notice to other persons that amounts due have not been Pau 10. UNIFORM SECURED NOTE This Nos: is a tmifo m issimment with limited variations in some jmisdictima. In addition to the p mSectioos given to the Note Holder under this Now. a Mortgage, Dt ed of Tymt, or So=* Deed (die'Seeurity lusburaent'l dated the same date a this Nob, poteets the Note Holder from possible losses which raW result if I do not keep the pumsm which l mate in this Note. That Security Inummcat describes her ad under what conditions I may be required to malts imtoodiste payment is Tali of ail amnnts I owe wader dais Nob, Some of those cooditims am described as folliows: ]fail or may part of the Properly or any hateren in the Ptapc ty is sold or towsferred (or if Boamrer is sot a neaaal pricer and a beneficial interest in Borrower is sold or tos afaaO without Lemdefs prior w n#m coasmt. Lender may require immediate payout u full of al s®s aeerued by this Secutity Instrument. However, this option shall tmt be exercised by [ceder if snob exacm is pohbisd by Applicable Law. arwL=ATZ raxm natm no7E- .qkFes}-F4.Vat./rk?/Mr M- UNUMMM mtltatb=T R-3201AI Qgetr/)~* (Page 3 of 11) If Lahda r tatgciset tMit option. Lender shag gtve Borrowernotiee ofaceckmion. The notice dull provide a period of not low than 30 days Sam die date the notice is given is accordance with Section 15 within which Bonowc r must pay all amu soc urd by this Security Instrument If Bonnwer faik to pay time taYDS prior to the expiration of this ptsk4 Lender may invoke say remedies permitted by this Security hntrumeut without further notice or demand on Borrma. WrrMS THE RAND(S) AND SEAL(S) OF THE UNDERSIGNED (sign Orin w 0*1 I MTWATZMMD RAID NOIZ-&.& Fmir-/ad.MWf+?a6s Nit UNPOMMIFDtDDR T hmno uA#WP)4l7pW (Page 4 of 11) MER M NOTE This rim supplements the attached Note C Notd) dated Novembar 12th, 21105. The terms of this rider shall supersede a? isnguage in the contrary located in tht attached Note or arty other document executed in comneetion with this transaction. '1'bia rider SNAr.L a?Fjy uoleas: 1) the Socuity Instrument and/or Note are assigned to a government spouusored entity such as Fannie Mee or Freddie Mac ("CiSE?t") eRSI the provisions are not permitted by the GSE's; OR 2) the pmvtarons are prohibited by applicable law. [f arty provisions are prohibited the prohibited portions shall be reauoved, but the remaimning berms sba11 be etfafive. Prepayment penalty : Netwithatamding anytWag to the contrary in the Note regarding Borrower's Rigbt to Prepay, in the event the debt seemed by the mortgagehecurity instrument is prepaid, the borrower will be subject to a prepayment penidly as f em- The Debt secured by this ?t?ge may be prepaid, in whole or in part, at any time. However, should sash prepayment be made withti tithe fast three years hum the date of the loan, there shall be paid to the holder of this mortgage a sum equal to 5% of the amount prepaid. If borrower prepays up lo 20°k of the unpaid pritrcipal balance in any 12 month period ft prepayment penalty is in effect, there shall be no prepayment penalty. However, if the borrower prepays any amount more than 20% in any 12 month period the prepayment penally is in effect, the penalty is cakulated on the entire amount prepaid. _ 449!5- I DATE 021227 12-07-'10 17:06 FROM- b'• ft?4" Prepared By: Sheiene Strauss, HSBC MORTGAGE SERVICES 2929 WALDEN AVE DEPEW, NY 14043 716-651-6100 Return To: A LAND TRANSFER WOODCRW (?HPORATE CENTER GE SERVICES \ II I WOOOCR6TRQAI) WA AVE CHERRY HILL, NJ08MB 043 Oq^ R*3 3Q D Parcat No, 30-08-0683-080 T-338 P0025/0031 F-390 E ASSIGNMENT OF ORTaA Cumberland, Pennsylvania SELLER'S SERVICING 0:12278376 "POTH" MERE #:100070600000492589 VRIJ #:1-688.678-6377 w ig Date of Assignment: August 1 nth, 2009 Assignor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR FIDELITY OF PENNSYLVANIA MORTGAGE INC "ITS SUCCESSORS AND ASSIGNS' Assignee: HSBC MORTGAGE SERVICES, INC 1 hereby certify the precise address of the within named Assignor is 1595 SPRING HILL RD, STE 310, VIENNA, VA 22182. Lam. ??} ?t n? ' Nwfl,?.eak?h VaMoAkA I hereby certify the precise address of the within n medAssig ee si 2929 WALDEN AVE, DEPEW, NY 14043, 6*,,4.4 •.?r?d Executed By: DANIEL G. PATH, JANE M. PATH To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR FIDELITY OF PENNSYLVANIA MORTGAGE INC. Date of Mortgage: 11/1212005 Recorded: 1112212005 In Book/Reelkiber:1931 Page/Folio: 4170 as Instrument/Document NIA In Cumberland, Pennsylvania 437 SHIPPENSBURG ROAD, NEWVILLE, PA 17241 in the Township of NORHT NEWTON I do certify that the precise address of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR FIDELITY OF PENNSYLVANIA MORTGAGE INC "ITS SUCCESSORS AND ASSIGNS" is 1 SPRING L RD, STE 310, VIENNA, VA 22182 Attested By:. , 0 ? 437 SHIPPENS URt3 ROAD, EWVILLE, PA 17241 In the Township of NORHT NEWTON KNOW ALL MEN BY THESE PRESENTS that in consideration of the sum of TEN and N01100ths DOLLARS and other good and valuable consideration, paid to the above named Assignor, the receipt and sufficiency of which is hereby acknowledged, said Assignor hereby assigns unto the above-named Assignee, the said Mortgage together with the Note or Notes or other evidence of indebtedness (the 'PS 1 "PS 1 HS81408/18/200911:52:13 AM" HS15I02HSBIA000000000000000523462' PACUMBE' 12275376 PASTATE-MORT_ASSIGN_ASSN "SS1HSBI" 12-07-'10 17:06 FROM- ft. CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 T-338 P0026/0031 F-390 "Note"), said note having an original principal sum of $121,600.00 with Interest, secured thereby, together with all moneys now owing or that may hereafter become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the assignors beneficial interest under the Security Instrument. TO HAVE AND TO HOLD the said Security Instrument and Note, and also the said property unto the said assignee forever, subject to the ierms contained in said Security Instrument and Note. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR FIDELITY OF PENNSYLVANIA MORTGAGE INC "ITS SUCCESSORS AND ASSIGNS" On AAUauY st 18th 2909 sy: u? , Shelene Strauss, Vice- resident STATE OF New York COUNTY OF Erie On August 18th, 2009, before me, JOSEPHINE P ANDREWS, a Notary Public in and for Erie In the State of New York, personally appeared Shelene Strauss, Vice- President of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCAS NOMINEE FOR FIDELITY OF PENNSYLVANIA MORTGAGE INC "ITS SUCCESSORS AND ASSIGNS", person* known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subs toed to the within instrument and acknowledged to me that ha/sheRhey executed the same in hisgw/their authorized capacity, and that by his/heAtheir ai piature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the inch nsnt. WITNESS my hand and official seal, O8WRN P AN .DRPEWS at? Notary Expires: 07/29/2010 #01AN6078331 (This area for notarial seal) *PSI *PSI HSt31"O8/18/200811:52:13AM* HS5102HSBIA000000000000000623462' PACt1MBE• 12275376 PASTATE_MORT ASSIGN ASSN --SS1 HSBI- 12-07-'10 17;06 FROM T-338 P0027/0031 F-390 AaTU+ MTWO TBACM ORPARMS OPLAM AM PRSl4lLU $TCIl=,LYM AMDMM IN UM •T®aPWWOPNORM14L+iPM ZWTOCOMMWCUMNS AND MD OQ1a91'%nMTACW [ LUAAIIAIM=PAXTjWtARI.V MCMMAS TAACiXfO.1: ATA lOWf 1N'MB mTAR OP PBNN$YLYNif sum AY ROM NO-ML ) C00IMF OF W7 NO.4 AS 9nO'ivN rM TAR rift PR Atl OM L02S; z saran a amm a MINUM BA$T ALOM •M 1?SA4iY•R?OP 6111OIAP1'D1o.! A.[13RT'A1OCBOF? F!!B1"IYI A'!CI!APL'i'i ii0t7'1314t saw 3RM WRVIPAi715TAwmOPliFes'TOAPOWCtEt"NEAMNLWR9VA2$RWFA$tK LAt?:'ii?'ICR D11?11I31 » ?S MA117'1'>IS i01?ltT ALC1PPb 13W AA?13.DVltiCxr 7CJ?ID FA[i1?C LAw% A mTAIN'EC1f>b A PwTOAPCIINT wT316 C39P =UA SAIIiY?iNwyLvA*A tTA`i'S I F1wAYi?oo3sM0. ?3: TlA BUe>!? TLft LW OFMMM MMVAi1 STA7Ti A3rAO=)fX1. S"."M"bM= 35 MVKM BAST. A bISTAHM (W713 PMT TO A TRAi:?r met meow Ar i4P0IIZ w.vgiCwR CIF p j dANU?STtAT6.iRC?PIWAY RovTz NO.333. WMC8[?OiWSMMR=U4TMWC1Q3C MO Pt.UNM IOCMACTM. I AMM A IAS NOl1J1oK7 MMMDt MMMftW " WOFUn*TMCtX TI 43 AEMMSMWtIrBBLW.A.MUMMgP3WPRRTTOArOW1i14r'%44 33M>ltUM Lar,AC!S'1'AMUP*MTTOAPOWIl,ffifOlrl?MY?i'G'MMCRPLOTNO.i, NORM 4 tMMT[RR*UTALJWTI3B1V1i5'MIII.AMOYLDTV"ittWAMCW20DMTTO APOktCIN'1'idCiNMDFghm"Domm WAAISUN XYVMMPOWK7=chlmOF 9,AjDWOV1S1'I.VAMhSTATJIBM1t9NAYROW IO s7k7UB"=ALONOTiiBL DFMLONOFOM 8TAT$ AY. voM" 35 MMUTES 1 =r, AUISTAMLM OF 100 N WTO A POINT, TJM l??CS C1P ANA. PAROPU :iOAi•0343-M r. 12-07-'10 17;06 FROM- ROBERT F. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200929'1$8 Recorded On 8/2512009 At 11:06:53 AM *Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 51045 User ID - RAK * Mortpgor - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Mortgagee - HSBC MORTGAGE CORP INC * Customer -'TESTA LAND TRANSFER T-338 P0028/0031 F-390 Certification Page DO NOT DETACH This page is now part of this legal document. TOTAL PAID $37.00 * F1?E3 STATE WRIT TAX $0.50 STAT'J5 JCS/ACCESS 'W $10.00 JUMCS RECORDIM rais - $11.50 RISCORDBR OF DEEDS PARCEL CERTIrICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD Awams FEE $3.00 I Certify this to be recorded in Cumberland County PA n RECORDER O b n5 ' - Ynformstim denoted by as asterisk may abaage during the verification process and may not be refiected on this page. OD11M i iwu 12-07-'10 17;02 FROM- T-338 P0007/0031 F-390 z Aft w kawfts Rom To. ZMA 1tEMDM COW 1000 iDDl1DBURY ROAD V0805 Y. NY 11797 AT`CP: NARGE [t;prce Abevie Tfi6 Lira star Rmardta= Datel MORTGAGE LENDER:(Fl W" of Pat1s?sylvayis Menage Jac.) LOAN #_ 0162967254 NOMWEE. MFRS, MN Numbcrk 100076600000492599 DEFINMONS wends used in to sactim of this document are de5ned 6ebw and other words are defined in sections 3, 11, 1 , 18, 20 wd 21. Certain rules mpWing the of words used in this dwmrent we also provided iir Section 16. (A) "Seem * Imtrvsw0 mesas this document, which is dated November 12, 2005 together with PH Rids to this doeament. (g) " nm*W n Dodd G. PMK Jane M. Puts. Bomewer is the mortgagor under this ty last ommt. (C) "MBW is Mortgage Elect uaw Regiatmtion Systan% I=. NCW is a scpauto flat is acting solely as a nominee for Lender and Lander su*ww n and assigns. MR le dw mor%mw nadmt tbb Sfembo, ImumeaL MFRS is orpolmd and ms dog under (be laws of Delaware, sod bas an address and telephone number of P.O. Box 2026, Flint, MI 48501-2426, tel. (888) 679-HERS. (D) "Leader" is FIddlty of PaNaayhsd* Mmrhuqe ftc.. Lender is a corporation or asso10hrIAion otgaai2W cad underr the brava a Delaware. Lender's addr ws is 555 NoA Lane Suite 5030 CA A 14428. (E) "Note" PrAm ft prommmy note signed by Bomwer ad dated November 12th, 2065. The Note statas that Bamewer owns Leader one hundred twasty-one thou®ma arc hundred Dollars (U331 ASIA" peon imut Bonnwea has promised to pay this debt in regular Porloft Payments and to pay dW debt in fall not later than Deomabepr 1st, 2020. (P) "Pr pram" memos the property drat is desmod below under the heading "Transfer of Di0 in the Property " ?IiN 74YArAA.dio?lY ..lY?O?aMQt?AIMs114eN?OR11[aiiTlYlQlfi OWAR l mns 1t?r OW14 op" IK 1931 PG4170 12-07-'10 17:02 FROM- T-338 P0008/0031 F-390 (city "Loan" means tag debt aside aced by tho Note, plus interest, "Y PIPYment RbIl" and doe order the Note, ad all soots due unit thus Secv* Instalauenk plus We rest. (ms s" mans all Riders to this Scmdty kanuammt that are nevoled by Borrower. The following Riders are to be executed by Borrower [check box as apPIlObte): Ej A40oeuble Rate Rider ? Coadomlieiam Ride ? Sv"d Rome Rider ? Aattom Rider ? pbvm d Uak DmWpmmt Rider Q odtr(s) (epxifyl_____ _ © ]-t Fmny Rider ? 8IW0 kty PtynIW Rider p) "Able law" means all controlling applicable federal, state and local Statertes, ontmanees and admmishative rules and orders (that have the c feet of law) as well as able final, noa-appeala G judicial opinions- (j " Asroals&n Dap, Foes, sad Amaaasma w means all dues, fees„ assossu mts and other charges that = impowd an Honuw or the Property by a condominium association, homeowners xisocia$on or similar owmi2stion- btu[ than a transaction MY transfer of funds or?igi ded by check, drA or TnM*similar papa hztrument, which is initiated through an electronic terminal, tdvhonre lnstrumem ?tet, or magnetic tope so as to order, k*uct, or authorize a financial InAtt bon, to debit or in account. Such term includes. but is not limited to. pons.0 sale transfers, automated tellCr machine ons, tranapeimi initiated by telephone, woe transfers, acid aoUna it cleavinghoueo transfers, NRarxow Items" means those items that are descnlW in Section I award of damages, or M eows Proc?a meant 40Y comp. sedtlenme pmceeds Quid by any third (other than insurance proceeds paid muter the eloverages elaaxdfed m5eetian S) for (i to, eu des?ction of, the Property; (n) ctidemnatioa or other taking of all our any part of the , (iii? casrveyance in lick of condemnaduom, or (iv) asrree tmtions of, or omissions as W6 the value and/or conMon. of the PftTcdy aymeamt o>; or xammaeee means insurance protecting Lander hi (p Pte" means flue reguiatly scheduled amount due for (1) principal and interest under dw Note, Phi (r) any amouemts under Section 3 of this hisictMML (r) ">R1 WA" means the Real Estate Sv*Wmeat Procedures Ad 12 U.S.C. ¢2601 et seq.) and its mmpl g nplauon, Rcpbdm x (74 C.F.R. Part 33001 as dwy might be amended fin time to torte, or anY additioemai or sut«xaseu Icgeri+t?aa or negetlabioa tjA`ments ? the same sob?ee:t manor. As used in this Selcuerity hwtr amen4 "RE SPA" r o n to all and resbcwhons that areimposed in regard to a'Tbdcraily maned mortVF loan" a veathe loan cheat not qualify as a "federally related mortgage 6oam" under RESPA. (Q) "Saeedaaor lE fitaut at Bwmwee memo may party that leas mires title to the Property, whether or not iltat party has assumed Borrowe es obligations under the Note and/or this Security Insh maeat. TRANSFER OF RIGIM IN THE PROPERTY Thin Security Instrument secures to Leader: (i) the repayment of the Loan, and all renewals. Batten ions and modifications of the Note; and (ii) the performance of Borrower's covemmts and apmuc tit under this Security Instrument and the Note. e vrx?rt4reel.P.ruY-r+arc>?neweMeeUrev? Mrrwarrr Pte) ftm" un O.V:a?upeo Rt- 1 9.3 1 PG 411 1 12-07-'10 17;02 FROM- T-338 P0009/0031 F-390 For this purpose, Borrower does hereby martw% $? and cmvey to MM (BOlety as ?,minee for Lender and bender's successors and assigns) aaa to the successors and assigns of MEM. the fallowing descriled property located in the of Cumberland which currently has the address of 437 ShippMbu?rg Read -- - Neyrvitle Pamsylvrinia 17241._ Properly Address): Section: Block: Lot: TOGEI WrM all the improvements now or haeaft erected on the property, and all casemeWs, appurtenances, and fixtures now or hereaft a part of the property. All tents and additions shall also be covered by this Security fo ument. AN of the foregoing is refe rrt d to in this Security Inca vment as die "Pt+opcxty." Barr a rcr wndustesds and agrees that MFRS holds only legal title to the inmeste granted by Borrower in this Seavity 1irs*mczk4 but, if necessary to comply with law or catstom, MORS (as nomaioae for LeWar and Lender's successors and assigns) has the right: to curcise any or all of those bans% inc mft, but not limited to, the sight to forwim and sell the Property, and to tape any action. regal of Lender incirdiogi but not hmited toy releasing and cancel m this Security Immanent. BORROWER COVENANTS that Borrower is lawfully xmicd of the taton hereby conveyed and has the right to mortgage, grant and convey the Property and do the Property is unencumbered, wwApt for ancumWasum of record. Borrower waramb and will dAnd generally the title to the Property against all claims and demands, subject to any enc=h=Kzs of record. THIS SECURITY 1NSTRUMEM17 combines uniform covenants for national uw and von-uniform covenants with limited variations by jmdtwon to colnso* a uniform security insummt coveting real property. UNIFORM COVENANTS. Burrower and Lander covaia nt and agree as follows: 1. I- IF Bead of Prix "al, Inkrad, itscrrw Iftinh Prepaymse# tbnara, and Late ChmVs. Borrower shall pay when dtre the -incW o& and imbr+est on, the debt evsdencsd by the Note and any prepayment charges wad late changes due under the Note. Bonower shall also pay fimda for Esomw [tams pursuant to Seedon 3. Paymm a cline untler the Now and Ws Somrity buts mrent shalt be made in U.S. curacy. However, if any check or other hots aacat received by Laurie as payment mtder the Note or cats Security Instrwise is rearmed to Levels u qm4 Lender may require that any or all srbsctlaent pays emb deer under the Noe and this Seamity InstrumettR be made in one or more of the following firms, as selected by Leader: (a) cavh; (b) money order (c) oe ffcd check, bank check, trrunra's check or cathWs check la?ided any such check is dmwa upon an insEitution whose deposits are itwmW bye agency, instrumentality, or entity; or (d) Electronic Funds Transfer. l6rlfllYLY Feoif-R?MYMrR?it?ti?NtS aMa'?IAill lVr (WW= MM M" IM GOW.IffivMW RK 1-931PG4172 12-07-'10 17:02 FROM- T-338 P0010/0031 F-390 Payments arc deemed receivext by Lc?dar when received at the loe?tion designated In the Note or at such other location as tray be eietaigutated by Leatdor in aceordanse with the notice sions Section 15. bender may redrrrt any payment eu partral payment if the payment or p rovi p? Payer are insnffiiciesat to bring the Lose caurettt. Le#CT may atxept any paye or WYt my?,ffiiciertt to bring the Loan curr+dat, withouut waiver et£ any hereunder or partial prejudice to its nghts to refuse suet payment or pac6al payme? in the future, but Lender is not obligated to ly such ?aynxaes at the time such paymeatdr are WvCpte& if each Periodic Payme?r# is as of rte scheduled duce det?e, then Lender read not pay interest oa unapplied funds. Cordes may hold such utmppiiod Surds umtit Borrower nta?es to big die Loan cturrefit. If Bounwea does not da so wiihia a reasonable geriad of time, shall either apply such fonds or rotors them t4 Baurower. If not applied et9ier, such funds will be aed to the outatamding priuxxpei balance order the Note ;munuediately prior to faruclosure. No offild or claim which Bormwex might have now or in the futatu: ago Leader " relieve Ba verb maidng payments doe under the Note and this Security to t 1?°?g the and agreements secured by this Security b%trutneat: I Applindiatt of Psymelnl8 or Prooeeda. l;xcw as odvxwise described is this Section. 2, all pats accepted and applied by Lender shall be apphod in the follow* order of priority: (a) inta+est doe under the Note; (b) principal due under the No* (c) amounts due under Seatim 3. Such Mm mts shoo be applied to each Periodic Payment in the order in which it became, due. Any remaining anoumts shall be applied fhst in lace c ? semond to any other amounts due under this Stain ity Instrument, and thi s to red= *e principet belanca of the Note. If Lander receives a p rymen# from Borrower for a delbwent Periodic Paymc ut which mcluda a rAment amount to pay any late charge doe, the payment may be applied to the delinquent payment and the We charge. If more than one Pe dodie Payment is oatskuliog, L xler may goy any payer received firm Bonzwer to 6c repayment of the Periodic Payments iii and to the extent that, escb payment can be paid in fidL To the extent the any enema exists WW the payment is applied ib the full payment of one or more Periodic payments, such eaeeeaa may be to any late charges due. Volnutary prepayments shall be applied fast to any p vgmyment? and then as described in the Note. Any application of paymeals, insurance proceeds, or Miscellaneous Proceeds to prnac?ai dim under tho Note shall not amend or postpone to due date, or change the amount, of the Periodic Psyntts. 3. Fumb tar Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are date under the Now, until the Noto is paid in fill, a sum (tieo'Fon&*) to pavW for payment of amounts due for: (a) tomes and assemments and other items which can auyti a priority over this Security Instrument as a lien or ancumbtacce on the Property; (b) leasehold pr/ma is or ground rub on tho Properly, if any; (c) prauniuttts for any and all insuteooe required by Leader under Seetioa S; and (d) MarqW imarence premiums, if airy, or my sums payable by Borrower to Lender in lieu o the payment of Mort?age Inagcaooe Premiums as acoordanoe with the provisions of Swan 10. These items are called Escrow Iteas." At o ionation at at any time daring the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower. and such dues, fm and assessments shall be an Escrow Bean. Bonvm shall promptly f m*6 to Leader all notices of amounts to be paid under this Section. Boorower shall pay Lender the Funds for Escrow Items unless er waives Borrower's obligation to pay the Reds for any or all Escrow Items. ras?olfrvMa?-s F. -f?.re erin mr?o?nraaa*s;usarrr (awsl w-3. NMI gw.4d1t,, FO ft1931PG4173 12-07-'10 17:03 FROM- T-338 P0011/0031 F-390 Leader spay waive Bormwe es obl?'gatian to pale to Lender Fins for any or all Escrow Items at any time. Any such waiver may only be in whine. In the event of such wavvetr, Bomowa Am]' Y directly, when and where payable. the amounts due for any E MOW Items for which payment of Funds has been waived by Lender and, it Lender =Fires, shall furnish to Leader ree?ipls evidencing such psymem within such time period as Lender may MOM Borrowee $ °b hO° to make such payments and to provide recapts shall for all Pmpaas to deemed to be a eN?ve?atht and agent eontamed is this Security Inshvenent, as the please "covenant and agtoement" is used m Section 9. If Bonower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower frills to pay the amount dove for an Escrow Reno Leader may exereaac its ri is trader Section 9 and pay such sim m>t and Borrower shall tbeth be obligated under Section to repay to Leader any such amount. L.emder may avoke the waiver As to any or all Esaow Items at any time by a notice given in sccardanee with Seems 15 and, upon such revocation, Borrower shall pay to Lander all Funds, mod in each M wunta, that am then required wder ttis Section 3. Leander may, at any tithe, collect and hold Rinds in an amount (a) WMCieut to permit Le ndw to apply the Rinds at the time apec+f ed trod r RIMPA, and (b) not to mood the mWdmtuxt aenaoat a lender can require under RESPA. Linder shall estimate the amount of Funds due on the basis of canvat daft and rca mWc estimates of expenditures of Endue Esmw Items or otherw1w in accordence witch Applicable Law. VW Funds shall be held in an institution whose deposits are insured by a federal agency, amity, or a li ty (im;tudiag Lender, if Leander is an itatidhtmn whose deposits are so minced) or in any Federal .Home Loan Bank. I wder shall apply die Pk to pay t Eschew Iii no iatx than tiro time spc OW under RFSPA. Lender shall not charge Boaawer for holding and applying the Funds, n amhuPW ao Wzmg the warm account, or verify' the Escrow Items, hualesa Leader ppiayss Bo oawr interest on the Funds and Applicable Law =1 Lender to maim such a diarge. Uthlese agreemwt is made in writing or Applicable Law reW&CS interest to be paid an the foods, Leader shall not be requited too pay Ban-over may mtand or cump on the Fumda. Borrower and Leader can agree in writing, however, that interest shall be paid an the Funds. I andederr shall give to Bomewer, without ch*Wg an annual sccoun ing of the Funds as reTdrad by RESPA. If there is a surplus of Fonda held in wero w, as defined umber RESPA, Lender shall account to Borrower for the excess fir k& is accordance whit RESPA. If there is a shortage of Funds held in emow, as defined under RESPA. Lender shall nofy Borrower as naqueised by RESPA, and Hortower shag pay to Lem the Amount newisahy to make up the shortage in accocdw" with RESPA, but rn no mom than 12 monthly Payments. If there a a of Faads held a escrow, as defined under RESPA, Lender shall notify Bormverehr as?by RESPA, and Borroww shall pay to Leader the amount neoassary tD make »p the defiden ay in aceordano with RESPA, but is no more than 12 moatbly payment. Upon payment in field of all arms seaaured by this Sweeny Insuvmoot, Lender shall promptly refired to Harrower any Funds hold by Lender. 4. Cbngn; Liens. Borrooww shill pay all taxes, assessments, charges, fines, and impositions atkibatsble to the Properly which can attain priority over this Secxtrity lnsmm=4 le ewhoW payments or ground mitts on the Property, if ray, and Community Association Dries, Fees, and Assessments, if any. To the extent that these items me 1'w Items, Borrower shall pay them in the awnrier provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security dnst ument unless l3 =war (a) AV= in writing to the payment of too obliption secured by the lien m a manner =qptable to Leader but Drily to long as llo? is performing sueh agtnsmeeht;(b) oontesathe Eeta in goad by, or detethds eft of the lien in, le S4 Mendings which m Lender's op operate to prevetet the ? of the lien while those pep a ere pmul6eg, but Daly uwil such proceedings area conchedee; or (c) seta u Am the &Adezr of the lien an aVvemeat sstisfsdory to Lender subordinaft Om lien to this Security Interment. y ?+, rswe+rea?weUN ?s[*I?RNr (MR" r4.3W I&I pWJyr4"W fa 1931 PG4174 12-07-'10 17:03 FROM- T-338 P0012/0031 F-390 if fender da% mines that any part of the Property is subject to a lien which can stain prkm* over this Seaarity tnst rmneat, harder may give Borrower a notice idarti0mg the lids. Within 10 days of the date an wbach that notice is given, Borrower sball satisfy the hies of take me or more of am eaten; set forth above in this Section 4. Leander may require Borrower tD pay a one-time charge for a real estate tax verification and/or repoati ig service used by Lender in connection with this Lora 5. Property Imstdraatsce. Borrower abed keep the un tats now existing or hereafter erected on the Property insured against loss by ficr,, included within the terns "extended coverage," and any other hazards including. but not limited to, ee dmpskm and floods, for which lender re . msurnnce. This insurance shall be maintained in the: amatmts (including deduct able levels) act for the periods that Leader zoquiYas. What Leader re"M ptususnt to the preceding sentences can dm w during the term of the Loan. The iti mince c arm providing the msearance shell be chosen by Bo WAw subject to Leaulat's sight to di Wpuve Honrowees choice, which sight shall not be exercised unreasonably. Leader may zed Botrower to Imy, in connectim with this Loan, either: (a) a one-dmc charge for flood zone ddamfinfiml, ccrtificetion sod traddug services; or (b) a onefime ehWV for flood zone deoorminao= and c ertiflaation services and subsequent charges each thm or similar changes 00M which reasonably might attest such deacminruion or Borrower shall also be responstble four the payment of any fees 'gxmcd by the Federal Emagency M matgtment Agency ur connecum with the rcvww of eny flood zone determhudm resulting fiom an objection by Boaower. If Borrower fails to maintain any of the ooveaW described above, Lender may obtain insurance aoverW. at Leddear's option and Borrower's vgmnso. Lender is wader no obligation to parehase any partiodar type or amount of coverage. There8ore, such coverage sball cover Ladder, but nd& or might not pt+otect Bomowex, Borrowers equity in the Fmpetty, or the coatcan of the Property, agaiadst any risk, hazard or liability and saignt provide greamr or bow coverage than was pravzowly in effect. Borrower acknowledges that tlut oast of die insurance avenge so obtained significantly exceed the cost of iesa snCC that Borrower could have obtained. Any amounts &&=@ by Lender under this Section 5 shag become additional debt of Harrower secured by this Security Instrument. Tbese amounts shall bear kterest at ibe Npte sate ftm the date of diabmement and shall be payable, with such interest, upon notice from Lander to Borrower requesting layer All mstwom policies requxed by Lender and renewals of such policies shall be subject to Lemde''s tart to disapprove such policies, shall include a spimt>srd clause, and shall name Leander as ftogae and/or as an additional loss payee. LesAdere the adW to hold the polides and mccati6catess. If Lender regm- t% Borrows shall pmmpdy give to Lander all receipts of paid premiums and amoral notices. If Bomovvet obtains any firm of msusatave coverage, not otherwise required by Lander, for daaaage to, or destratetion of; flu Property, soda policy shalt include a sandsrd mortgage clause and shalt name Lender as mortgagee and/or as an additional loss payee. I'Ia[Ash.VAl1IIA?AcF?tsly-F?r1?M?diVl?idM MMZarala?a[a6illa?Rilr (MR.!!7 9K 193 1 FG 4175 FrMM IM #W9'/I#Pf" 12-07-'10 17;03 FROM- T-338 P0013/0031 F-390 In the event of loss, Dorrowier shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Bosower. Unless Lender and Borrower otherwise mar writing, any m5u[NOco pe+ocoods, whether or not the underlying insurance was regained by in Lmdex, shell be applied to reatozifitm or repair of thy Property, if the restoration or repair is economically tuible end bender's security is not lessened. Dwing such repair and t+estoratioa period, Leander shalt have the right to hold such W- Brae proceeds nom Lender has had an opportunity to inspect such PWpK!Y to erasure the work has been ouroplatod to Lendees satiisfiction, provided that such inspectim ABU be undatskcn promptly. Leader may disburse pnncxeds for the repass and restoration in a single paymesht or in a series of pmgr payments as the work is completed UnhM an agoaanont is made in wrift or Applicable Law requmres interest to be paid on such mi un rce proceeds, bender shall not be required to pay Borrower any interest or mt uw on such proceeds, lees fur public adjuetet[s, or other third parties, retained by Borrower shall not be paid out of ilia roc proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not eooomnically fauns, or Lenders secaaty would be lessewd, the loam prooemb shall be applied to due stnna seemed by this security eK whether or not then do, with the a xcm if any. paid to Bmvwrer. such insuranm prooeods shall be applied in do order provided for in Section, 2. If Bm wm abandons the Property, Lender may sk, negotiate and settle any available inaurauco claim and mb t d mafFets. If Borrower dons not rupond wkWn 30 days to a notice from Lender that the instax ace carrier has otfe ed to settk a chum, than Lender may date and settle the claim. The 30-day period veill begin when the notice is givm h, eathea event, or if Leads acquires the Property under Section 22 or otherwise, Bonvwer hereby assigag to Lewder (a) Borrower rights to any insurance proceeds in an amount not to enroeed the WROUM unpaid under the Name or this Security )aslrameat, and (b) any other of Bonrowe es nob (other than the right to any refund of unearned paid by Bom wer) under alt msurame policies OW ft"Ity, mMOfar >s arms such nos oho applim" to Pwpaty. Leader may uhxi e PMWWO er'•tba to repair or re?e the 00Pr pertly or so p l ay arnounts unpaid under the Note or Chia gocurity inshunmm% whdher or not then doe. 6. OeIpauy. Borrower shalt ooc upy, establish, and use the Pnopaty air Borrowers principal residence whhin 60 days after the drec'atian of this Seem* 1nsWunemt and s11a11 cothtiptto to occupy the Property as BorrOwe['g prmeipat resideme for at least one year a8c the Lender othewise Wow in writuag, which consent shalt not be date of oooupy, u!.!Orr Contronteo$l ?onably unless extenuating cuournslances exist which arc beyond BorrvwWs c 7. Preesrrad % Maitemmee and Amledion seise PraPutYi bVeedon& Baerower shall not destroy, damage or irrgrair the Pwpexty, attow the Property to ate or Commit waste on the property. Wlhdher or not Bongwer is residing in the Property, Borrower shall maintain the Properrty in order to prevent the Property from deftskratiing ex decrusssing iia valm due to its condidaL Unless it is ddermihod puemram to Section S that espy or reskWafioa is sot ec=Mli ally *Able, )ioaowtr $11011 Ply repair the Property if damaged to avoid furdeer detatioca#ion err elamage. If inSluaneQ Or eOnde-na- M on prpepedM ate paid in connection with damp to, or the talons of the Property, Bon+ower shall be re Ve oVe foe repormg or minoring the PMPWY only if Landes bag released emceeds for Mach purposes, Lender may diebueae Proceeds far the repairs and regoahriian in a Sh4pe payrtt mt or in a series of pprraagg poymenb as the work is oempkted. If the insurance or conammon procxods we not su=jeat to rapsk or restore the PraPaly, Borrower a not rdwvod of Bonoweros obligation fear the oompletm of such repair or restoration. r?rmsYwwura-si.?p.yr-?.?normwre?.?ulpiaawarawvxY Mrs wn.n" M bye70118~ 8K 1931 P64176 12-07-'10 17:03 FROM- T-338 P0014/0031 F-390 Leader or its aim may make reasonable causes upon and inspections of the Property. ff it has reasonable cattle. Lander may inspect the inten'ior of ft h gtrovm=% on the Lander shall give Borrower notice at the time of or prior to such an k* dor kspocdm spec such reasonable cause. S. Berrowees Lean Appl eadma. Borrower shall be in default if, the Loan application process. Bon wer or any persona or entities acting at the directioao or with Borrower's knowledge or consent gave suaterially f4w, or inaccurate infamuttion or smfemmq to Leader (or fuzed to provide fender wiWm?infaametion) in connection with the earn. Mate W tepresmttttiot?s include, but are not limited to, represeata ims concerning Borrowees occupancy of the Property as Boum en's prhmhW residence. 9 Pretechm of I.mWer's btoreat in the Paopprty and R%kim Otadw atria Saeaedr Ioatrarment If (a) Borrower fads to perform the covenmta ad cm1aisted in. this Se ? bstruiricu% (b) there is a legate proceeding that tad& =c th' affect Lender's ir & r .? 1, t in the Property =War eights under this Security fnautrmeni (such as a prooeeft in bataltaapoay, probate, fee condemnation or Itmf`?taue, for enfoaa?tnetd of a liar whit may attain priority aver this fnstrrroaent or tc aaforco laws or regatlat3oos? or (c) Bortmer has abandoned the Pra ty?en I,atder tray do and pay for whatever is reasonable or app mpd m to prated Lertdet's iaber+ost in the Property soil rig?ats uatder thin 3ccutity 7natrnutent, ineluding protecting and/or astaasiag the vahte of the ,and aectming and/or repairing the Property. Lender's actions can include, but aa?e not 1iy(a) dying cry sums seamed by alien wbicla has priority over this Saatrity Itssfnttioeat; (b) appaanog in court; and (c) prying reasonable attorneys' fees to protect its ktm* in the Property and/or rgh u under this Samty ; property mchxks, but is drain o, entering the Property to nob charge locks, tepiwe or baard up doors and not IkDftd windows, a?eier firm pipes, elitninttten or O& W code vtoltttious or dangerous oondteona, and have utt7i m tamed on or off Alihm o Lender may take aetim under this Section 9, Lander clues not have to do so and is not under any duty or obligstim to do so. it is agreed that Lender incurs no liability for not taking any or all aations authorized under this Section 9. Borrmthe awAny Wod btr d by Lm? under this SecUm 9 shah! brooms additional debt of fro d at e o! di this mertSemmy ?t. Them anwouts swu bear n t mat at the Now rate and fr BORDWer ppyaW vnth Satoh intrat, upon notice firm Lender If ttto _ ' Inat<unaent is on a leasehold, Borrower shall comply with all the provrstooa of the lease, If Borr my& acquires bee title to the ft perly, the leasehold cad the fee title shill not merge amlem f ardQ age to the ntetlper in writing. It Mer m YtamUW=. If Leader rrgqumad M~ hour uce as a condition of making pay the prounumc required to ma ao= the Mortgage Insurance in cffc a. If, for any reason, the Mortgage kmw mm coverage requited by Lender mm to be availablt Rom the mortgage inter tl-aet pre, Oudy provided sock insurance and How was 99i urdnee previously in efliect, troth as ahexruroe atortgago iusrmer ae+lectod by rmUnVm"-8b 1,ramr lIM* S mvndm.M.Wmm 110[?NSTA?IPaIM ?.r uM p?yrfylf/ y OK 193 1 PG 417 7' 12-07-'10 17:04 FROM- T-338 P0015/0031 F-390 If substantially equivalent Mortgage Insurance eoverago is not available, Borrower shall continue to pay to Leader 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 nourefimdsble loss reserve in lieu of Mortgage hmnance, Such lass reserve And be non refundable, notwithstwuling the fact that tbo Loan is ultimately paid in fidt, and Lender shall not be required to pay Borrower any interest or earnings on such lose reserve. Loader can no long roq=' loss reserve payments if Mortpe Iusursim coverage (in the amount and for the period that Lender regnires) provided by an insure' selected by Lender again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insmartce. If Lender required Mor4ago borance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Moertaw Insurance, Borrower shall pay then premium: required to maintain Mor?age hourance in ff cot, or to provider a noarnfimdable loss reserve, until Lender's requira>riwt for Mortgage hwA uco ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Nora. Mortgage Irnauranee rcimburscs Lancer (or any entity that purchases the Note) for certain losses it may incur if Borrower does not May the Loan as speed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other W ics that shale or modify their risk, or reduce losses. These agmemonts are on terms and conditions that are a distbetary to the mottonge insurer and the other party (or parties) to these agrecom ts. Theso agm=wnts may w qmm The mortgage insntrrx to make payments using any source of fiords that the mortgage insurer may have available (which may include funds obtained ft m MortgW Iusursaw ymiumg). As a result of theme agreements, Lamdar, any pmt of the another insurer, any reinsures, any other entity, or any affiliate of any of the f wgoing, may receive (directly or indirectly) amounts that derive fivm (or might be claractetiaed as) a portion of Borrower's payments for Mortgage Insuauj* in exchange for sharing or modifying the mortilop insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a s of the insurer's risk in exchange for a Wun of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a). Any such agreements w111 ant affect the asawats that Borrower has agreed to pay for Meripp Imwnce, or any outer terms of tuna Loan. Sack agreements WO not increase the amount Borrower will owe for Morigap Iosarance, and thsy win not entit1e Borrower to my raP+md. (b) Any sack opwatents wolf not affect the deb Borrower has if as -- with respect to flee Mortgage immrance under the Henwwaers Proteeden Act of 199fr or arty other law Theo rlnhts maq WWO d i daunt ft reset" certain dtadwwe% to rerlaest nand obtain emseeUstion of the lldsrfgsins =Vito, to lta a the Mortpge Insornee NwAsi fated aubtwtNcally, and/or to receive a refand of any Mortgage Insurance premlams that were ustowned at tbs threes of such canceilption or termination. It. Aauipmeat of Miseellitoms proceeds; p'w*kum All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. r6NN8lrLVn[aA-sie?l.v®,ly-lhekMaerFn.iarM.euNa?oru[av8T1an1QM Qtly rft,=3m ]wl fiNw)afMANSO OK 1.931 PG417$ 12-07-'10 17;04 FROM- T-338 P0016/0031 F-390 If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoratiom or rr pair is economically feasible and mender's security is not lessened. During such and restoration period, Landau shall have the right to hold such Miscellaneous Proceeds under has had an oppornmity to ' such Propeaty to ensure been completed to Lemdees satisfiKtwn, provi 1s, such inspection shall be the work has undertaken promptly. Lender may pay for the n"Irs and restoration in a single disbursement or in a series of progreaa payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Nliscellowous Proceeds, Leader shall not be required to pay Borrower nay interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or l.aader+s sorority would be lessened, the Misr ellaneous Proceeds shall be applied to the sums secured by this Security bmtrummnt, whether or not than due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the orderpmvided 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 auras sewred by this Security Instrumtnt, whether or not then due, with the excess, if any, paid to Borrower. In the avant of a Za, destruction, or loss in value of the Property in which the fair nradmt value of the Property ". immc4ascly before the partial taking, destraatron, or loss m value is eeqqual to or greater then the amount of the sums secured by this Security I astrut=t immediately before the partial taking, destruction, or loss is value, unless Borrower and Lender otherwise agree in writing, the skims secured byy this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds mnitiplied; the followinq finekion: (a) the total amount of the sums scoured immediately before the partial ?k;r?, destruction, or loss in value divided by (b) the fair market value of the Property immearately bef=ore the partial taking, destruction, or loss in value. Any balance shall be to narrower. In the event of a pattlai taking, destruction. or loss in value of the Property in which the fair market value of the Properly Immnediately bon the partial taking, destruction, or Ions in value is less truer tot amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In wri iaL the Miscellaneous Proceeds shall be applied to the scans secured by this Security Instrument whether or not the slums art then due. If the Property is abandoned by Borrower, or it dier notice by Lender to Borrower that the Opposing Party (as deflacd in the need sontenc e) offers to make an sward to settle a claim for damages, Borrower to Us to ?? to der within 30 days alter the date the notice is given, audwdzcd apply the h1hoellaneoos Proceeds either to restoration or Lender Is repair of the Property or to the sutras scoured by this Seoarity b*naaeat, whether or acct then due. "Opposing Party" moans the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miaooldsnoous Proceeds, Borrower shall bo in default if say action or proceeding, whether civil or criminal, is begun tbak in Leade es judgment, could result is forfeiture of the Property or other material impaimtent of Le.Ader'.1 h t mst itt the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has oec urivd, rainstm as provided in section 19, by causing the notion or proceeding to be dismined with a ruling that, in Lender's judgmeynt, precludes forfeniduta of tht Pro pel or Other material impairmtAt of Lender's interest in the Property or rights under thle Security laatnaaent. The proceeds of any award or claim for darurages that are attributable to the hUF1 MVd of Lender's interest in the Property are hereby assigned and shall be paid to Lender. rsXWZWVAXLt-s.. Pmdp4m.r nr wrwer w. UM M DWrxaeairr Palo F, M" 1,41 0W j*,VrsftW BK-193 1 PG 417. 12-07-'10 17:04 FROM- T-338 P0017/0031 F-390 All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be yplied is the order id for in Section I 1 . Harrower Not =; Forbaararsee By Under Not a Waiver. Extension of the limo for payment or moditkation of amortizadaus of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in latemst of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to oommenoe proceed np against any Successor in lain ut of Borrower or to rcfuse to extend time for payment or otherwise modify amortization of the awns secured by this Security Inskuament by reason of any demand made by the original Borrower or any Suucee;ssots in interest of Borrower. Any forbeacanoo by Lender in exercising any tight or remedy incttuline, without limitation, Lender's acceptance of payments from third persons, entities or Sa isors in tntarest of Borrower or in amounts less than the amount then due, shall not be a waiver of or prechtde the exercise of any right or remedy. 13. Jew and Several Liabihity; Co-slps; Suede m 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 Now (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and con the oo-signer's interest in the Property under tho terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (o) agree that Leander and any other Borrower can to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-sipoes consent. . Subject to the pt?ovisions of Section 18, any Successor in Interest of Borrower who aasumcs Borrower's obligations under this Security Instrument in writing, and is mved by Leander, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be releascdd lbotm Borrowers obligations and liability under this Security Instrument unless Lender agt?ees to such release in writing. The covenants and agreements of this Security Irtstrament shall bind (except as provided in Section 20) and benefit the suaoeasors and assigns ofLander. 14. Le" Ches. Lender may dwr Borrower fexa for services performed in connection with Bemowees default, for the putpose of protecting Lender's interest in so Property and rights under this Security Instrument, including. but not lirruited to, attorneys' fags, Property inspection and valuation fees. In regard to any other fees, the absesace of eatpms autbori to this Security Instrument to charge a specific fee to Borrower shall nol be construed as a prohib lion on lice oharsing of such fee. Lender may not charge fees that are expMsly prohibited by this Security nsttument or by Applicable Lawn. If the Loan is subject to a law which sets maximum loan char es, and that law is finally interpreted so that the interest or other loan charges collected. or to be collected in connection with the Loan Cmeed the permitted Iinoits, then: (a) an such loam chary shall be reducod by the amount necessary to r+edurce the charge to the permitted limit; ami (b) any sums already collected from Borrower whiob exceeded permitted limits will be refunded to Borrower. Lander may choose to maim this reflmd by reduc principal owed under the Note or by making a direct payment to Borrower. If a refimd redum principal, the reduction win be treated as a partial prepaymmd without any premment f (wbclter or not a prepayment charge is provided for under the Note). Borrower's swepwoe o nay such rcftmd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. PsretMVANu-Siµ,P.guy..w.r.Kw,rwawem?norrrWMtMMW @a* F-3M uu p,,e.1101frV , B(193lPG4l- - 12-07-'10 17;04 FROM- T-338 P0018/0031 F-390 15. Notices. All undress given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrumen shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrowes notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers Was Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly W* Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrowers oso of address, then Borrower shall only report a change of address through that specified prom6m. There may be only one designated notice address under this $mid Inatlwnent at any one time. Any notice to Yonder WWI be given by delivering it or by mailing it by first class trail to x aader's ad s stated herein unless Lender has designated another address by nice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Under 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 cotraspandia9 regnirem?t undr:r this Security lnstruanent. 16. Go?+traI it avr, Seve?ablllty; 1RWa of Cena&uedon. This Security Inaavrnent shall be gowned by eral law and the law of the jurisdiction in which the Property is located All nights and obligations contained In this Security Instrument an subject to any requirements ad limitations c Applicable Law, Applicable Law might explicitly or implicitly allow the patties to agree by amttact or it might be silent, but such slime shall not fie construed as a Security Instrumentors lodge -dietswith A lfoable Laws,such poomll A shall not a%ct other provisions of this Security Instnnment or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall maim and include comaponddin? neater words or words of the lamer:.. gender; (b) words in the singular shall mean and include the plural and vice versa; and (e) 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, IS. Trausfer of the Property or a HoneBeial 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 interaft transferred to a bond for deed, contract for deed. installment sales contract or escrow ag ee zzmA the intent of which is the transfer, of title by Borrower at a ffitum date to a purchaser. If all or any part of the Property or any Interest in the Properly is sold or transfamxi (or if Borrower is not a natural person and it beneficial interest in Borrower is soId or trdmsterred) without Lender's prior wriden consent, Lender may requite A" 4- nt in full of all sums sm=d by this SWUHty Instrmemt However, this option shall not exercised by Lender if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lander shall give Borrower notice of acceleration. The notice shalt provide a period of not less than 30 days from the date the notice 4 given ,in aceordhunces with Section 15 within which Borrower must pay all same secnced by this sacmty Instrument. If Borrower rhino to pay these sums prior to the apirsdon of thirst period, Lender may invoke any remedies permitted by this Security Insft meat without 44her notice or demand on Borrower. SK-193 I PG 4 I BE IMM" 1A1 OWj4#f/UqW 12-07-'10 17:05 FROM- T-338 P0019/0031 F-390 19. Borrower's Right to Reinstate ABer Acederatin& If Borrower mess certain conditions, Rorrower shell have the right to have enforcement of this Scmmty lmstrumcnt discontinued at any time prior to the earliest of. (a) five days boa sale of the PWMNW to any dower of sale contained is this Security Inskunneant; (b) such other periodplreable Law might specify for the taminatiou of Borrower's right m reinstate; or c) envy of a udgment enforohttg this Security Instrument. 'Those conditions are that Borrower; (a) p?ye Leader all sums which then would be duo under this "Security Instrument and the Note as if no scoclaration had ooaured; (b) cures any deftault of any other coveasats or agmaments; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' fees. properly inspection and valuation fees, and other fees ineune,d for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d) tubes such action as Leader may reasonably require to assure that Leader's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the Bums secured by this Security Instrument, shall continue unchanged. Lender may require that Bormwer pay such reinstatement sums and expenses in one or more of the folbwing foams, as solvated by Lender: (a) cash; (b) money orderi (c) certified cheek, back check, t?+caum is 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 900181ty Inatrumeatt and obligations secured hereby shall. remain fully cfft ive as if no acceleration had occurred. hlowever, this right to reinstate shall not apply in the case of amelandon under Section 18. 20. Sak of Note; Change of Loaa Servicer; Notice of Grievance. Thv 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 We might result in a change in the entity (known as the "Loan Servicar") that collects periodic Payments due under the Note and this Security Insiru nuent and performs other mortgage loan servicing obligations under the Note., this Security Irstlurnga; A ficable Law. There also miot be one or more Gale tithe Note. If time is char- of the Loan Servicer, Hors?ower will br gie van written notice of the change which will state the noam and address of the new Low Sorvic er, 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 ad thereafter the Loan is seMead by a Loan Sorvicer other thaw the purchaser of the Note, the mortgW loan servicing obligations to Borrower will remain with the loan Semieer or be tread cued to it successor Loan Sarviear and are not summed by the Note pre chewer unh= otherviso provided by the Now purchaser. Nelther Borrower nor Lender MY commence, .om, or be joined to say 'Udic action (as cither 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 airy, provision of, or any Moo, ed by reason of, this Security I=Wwn=4 until such Borrower or Lender has notified thparty (with such notice given in compliamae with the requirements of Sectilm 15) of such Aeged breach and ttMrded the other party hereto a reasonable period after the giving of such notice to take corrective action. If AWlicgble Lai, provides a time period which ,must elapse before certain action on be taken, that time period will be deemed to be rvaseaable for purposes of this paragraph. The notice of acceymratiom and oppommity to enure given to Borrower pursuant to Seadon22 d the notice of acceleration giveu to Borrower pursuant to Section t8 shall be deemed to satisfy the notice gmd opportunity to take corrective action provisions of this Section 20. rBirivsrr vAWA-th p, P"WtY-nMlbl4MMSM w M=MWMM UUWM =r BK 1931 PG4 18Z AtiBt? rwrsN! ?A? (p?ela?is?My 12-07-'10 17;05 FROM- T-338 P0020/0031 F-390 21. gazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Bnviroumemal Law and the following substanoM: lips, kerosene, other flammable or toxic petroleum products, tonic pesticides and h ' voWc solvents, mAterials Iona' i asbestos or fotmaWehyde, and ndioaedve matedals; (b) "Environmental Law" means federal laws and laws of ffie urisdtction when the is located that relate to health, safety or a aw pm?tim; (c) °SavironmcnW Cle includes any reapma action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Ettvhmne ntal Condition" means a condition that can cause„ contribute to, or other Ase trigger an Environmcutal Cleanup. Borrower shall sot cause or permit the presence, use, disposal, stotago, or release of any hazardous Substances, or threaten to relma any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything a$ooQng the Property (a) that is in violation of any Euvironme ntal Law. (b) which creates an Eavicnnumtsl 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 proceuanti two smtonces shall not apply to the presence, use, or storage on the Property of small q tics of Hazardous Substances that are generally recognized to be appropriate to normal residential usess and to maintenance of the Property Oxcluding, but not Wetted to, h4za rdous substances in conauntccr products Borrower shall p uWdy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govenuaental or regulatory agency or pr,vat+e party involving the Property and any Hazardous Substance or Environmentid Law of which Borrower he actual ' knowlle_*, (b) any Envirownental Conditiiou, including but not limited to, any relesse or threat of release of any Hazardous Substa we, and (o) any condition okeed by the pmence, use or release of a affects the undue of the Property, Substance which adversely perry, if Borrower lear=, or is notified by any gove=nom tal or regulatory authority, or any private party, that any ratnoval or other re mwdiaHan of an H?ous Subsaanee affecting the Property is necessary, Borrower shall promptly tales all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lander for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows; 22. Acceleration; Remedies. reader shall give ranee to Borrower prior to a cceleruion followkag Borrower's breach of any coveiasnt or agroemea# im this Seeiueity InI&NMent attetNriseolut not s pdor-ta ??a aelder Sodium 18 ttnleos Applicabit Law provides action ) ' A atttoag other Odup: (a) the defaolt; (b) the ngWred to cure the defaaft; (e) Wbos the def ak W at be curvd; and (d) that fitilmm to cure the debut ai spangled way result in aeeelanwon of the alms secured by this -%Cw arthe t'Ho otby Judicial prooeofg and sale of the property. Leander the right to raloobtes alter acceleration aid at right to assert In the ire prwasding the aort-esliuaw of a defauh or &W other dehme of Borrower to aceelars6n and !Drat re. If the doftalt Is not cured as jped? ih optloa may ire fo mediate PaYmeat in far of all sins, secured by t kb Lft&r at Spy ' Insbunot Without furiter demand read any (ire410108 this Security I t by judicial proceeding. Lander ebdl be evaod to cubd all iacorred In 9:1, itlitlg the reradles pnvidod in this Sadiron 22, iaelading, but tot to, attorneys' and costs of title ovNeuce to the ertent parn* sd by Appscab le Law. YfNN5riVAMA.-86j0.FW r-"kwnmik MYT wwn IN>;rRU1Q:kr Rams) IrWa3m INI Qyt?l1 ?(7{yy? Bind 931 PGG 18.3 12-07-'10 17;05 FROM- T-338 P0021/0031 F-390 23. Release. Upon payment of all sums secured by this Security lnstnuncut, this Security Inatrttmont and the estate conveyed shall terminate and become void. Afton such occurrence. Lander shall discharge and satisfy this 9erurittyy l?ument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for n,,, mg this Security Instrument, but only if the fee is paid to a thud party for services roadered and the charging of the &a is pmulittod folder Applicable Law. 24. Wtdvers, Borrower, t0 the extent permitted by Applicable Law, waives and releases any error or defects in procoWiogs to =force this Security lwttument, and 4e 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 exeatptioa. ZS. l Cement pa UL Borrow en's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a shenfl~s sale or other sale pursuant to this security Instrument. 26. ftrdon Meaey Mortgage. If any of the debt secured by this Security Wtrument is tent to Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Bate After Jwtd pmt. Borrower agrees that the interest rate payable after a judgment is entered on rho Note or in an action of mortgage foreclosure shall be the rats payable from time to onus under the Note. eBV?rsnv??a?.tiq?eren...et.rlRwaMMUkUnn?oaeenrg?7kuna?rrr (?ma) ra.?l0! VII (?.?t4t1 UK 1:93 1 PG 4184 12-07-'10 17;05 FROM- T-338 F0022/0031 F-390 BY SIGNING BELOW, Borrowor accepts and agrees to the wow and covenants contained in this Security Instrument and in airy Rider executed by Bwower and recorded with it. Witnesses; 14-iL -m Seal -Borrower Seal -Borrower Seal -Borrower Seal -Borrower [Space ]Below This Line Per Admawkdgeamentl STATE OF PENNSYLVAMA, L--VM'V-4,-r Et" County ss on this 12th day of November, 2005, before me, the undersigood, a Notary Public in and for said County, personally appeared Daniol G. Poth, Jane M. Potb and a4mowiedged the execution of the foregoing inatru=nt. WITNESS my hand and official seal. My Commission Expires: Notary PZ% NOTAMAL SEAL NoottMMA?c STRAIA IS I 4mml Feb 10, =7 ?snr?anv?rn?.s ep?.ay-w.®1ee wWleMaCNa:?ttA+i?R iNr (norr;) Fwmx» Ml 6mVl9#fjdV .J '193 1 PGb 185 12-07-'10 17;06 FROM- T-338 P0023/0031 F-390 Tic attached MorWe oovm rest propMy principally improved by s one to fmu famiy dwallinii. premises coimnoaly kn- as' 437 S ' Ncwville p 1 DismCT SWMON BLACK LOT 1 riaoiel G. path JanC K path flal8.31 PG4 86 12-07-'10 17:06 FROM- T-338 P0024/0031 F-390 ALL THOSE TWO TRACTS OR PARCELS OF LAND AND PREMIUM. SITUATE, LYING AND BMG IN THE TOWNSRW OF NORTH NEWTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT NO.1: BEGINNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTS N0. 533, WHICH POINT IS TM NORTaWESTBRN CORNER OF LOT N0.9 AS SHOWN ON TM HEREINAFTER MENTIONED PLAN OF LOTS; THENCE SOUTH 43 DEGREES A MINUTES EAST ALONG THE WEBTERN LIVE OF SAID LOT NO.9 A DISTANCE OF 200llFM TO A POINT; T09N= SCUM 44 DEGREES 35 MINUTES WEST, A DISTANCE OF 91 FEET TO A POINT ON THE EASTERN LINE OF A 25 FOOT FARM LANG; THENCE NORTH 39 DEGREES 25 MINUTES WEST ALONG TIM EASTERN LINE OF SAID FARM CANE, A DISTANCE OF 200.4 FEET TO A POINT IN THE CENTER OF SAID PENNSYLVANIA STATE HIGHWAY ROUTE N0.533; THENCE ALONG THE CE'NT'ER LINE OF SAID PENNSYLVANIA STATE HIGHWAY ROUTE NO. 533, NORTH 44 DECREES 35 MINUTES EAST, A DISTANCE OF 77.3 FEET TO A POINT. THE PLACE OF BEGINNING. TRACT NO 2: BBGTNNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NOS 533, WHICH POINT IS THE NOR'lIiBAST ERN CORNER OF LOT NO.. 10 (TRACT NO. I ABOVE DESCRIBED), AS SHOWN ON THB HEMMAF M MENTIONED PLAN OF LOTS; THENCE SOUTH 43 DEGREE$ S MINUTES EAST, A DISTANCE OF 200 FEET TO A POINT; THENCE 44 DEGREES 3S MINUTES EAST, A DISTANCE OF 100 FEET TO A POW, THE SOUTHWEST CORNER OF LOT NO. 9; THI ME NORTH 43DEGUM I MIN1TM WEST ALONG THB WESTBRN LINE OF LOT NOA, A DISTANCE OF 200 FEET TO A POINT IN THE CENTER OF SAID PENNSYLVANIA STATE HIGHWAY ROUTS POINT IN THE CENTER OP SAID PENNSYLVANIA STATE HIGHWAY ROUTE NO. 513; THENCE ALOM THE CENTER LIVE OF SAID STATE HIGHWAY. SOUTH 44 DEGREES 35 MINUTES WEST, A DISTANCE OF 100 FEET TO A POINT, THE PLACE OF BEGINNING. PARCEL! 30.08.0593.090 1 C$ttify this to ,e ,,r P A In ?lu?d County . mGVrder of ids It 1931 FG.4.187 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM - ID # 309480 BRIAN T. LAMANNA ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Mortgage Services Inc. Plaintiff V. Daniel G. Poth and Jane M. Poth Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 11-393 civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: rnco =M z ?' a -vrn ? ap p' N C)n M Kindly enter the appearance of McCabe, Weisberg & Conway, P.C., as co-counsel for Plaintiff, in the above captioned matter. DATE: 011 IIL- J. McCABE, ESQUIRE TERRENCE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff NUCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM - ID # 309480 BRIAN T. LAMANNA ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC Mortgage Services Inc. ,Plaintiff V. Daniel G. Poth and Jane M. Poth Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 11-393 civil CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff, hereby certifies that a true)and corrreec copy of the within Entry of Appearance was served on the below parties on the ll `V , by the United States mail, first class: Daniel G. Poth 437 Shippensburg Road Newville, Pennsylvania 17241 Jane M. Poth 437 Shippensburg Road Newville, Pennsylvania 17241 Date: 1 l n- TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Milstead & Associates, LLC Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill NJ 08002 Telephone Number: 856. 482. 1400 Fax Number: 856. 482. 9190 HSBC Mortgage Services Inc. Plaintiff V. Daniel G. Poth and Jane M. Poth Defendants Attorneys for Plaintiff I'I- D-UF F 6C : O THE PROTHONOTAWY 2092 FEB -3 PM 9: 28 TY Cumberland County CUMBERLAND PENNSYLVANIA Court of Common Pleas Number 11-393 civil WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Milstead & Associates, LLC as counsel in the above referenced action on behalf of Plaintiff, HSBC Mortgage Services Inc. . Date: ! 131 ??- ,Esquire Attorney for ai iff, HSBC Mortgage Services Inc. t McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID it 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 -= KEVIN T.MCQUAIL,ESQUIRE-ID#307169 Co W =••+ CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 ' c~~ BRIAN T.LAMANNA,ESQUIRE-ID#310321 r- Lai _ ANN E.SWARTZ,ESQUIRE-ID#201.926 r— ``° JOSEPH F.RIGA,ESQUIRE-ID#57716 - v JOSEPH 1.FOLEY,ESQUIRE-ID#314675 ' 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 HSBC Mortgage Services, Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 11-393 Civil Daniel G. Poth and Jane M.Poth Defendants PRAECIPE TO THE PROTHONOTARY: R Please mark the action Discontinued and Ended without prejudice. El Please mark the above referenced case Settled,Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and d. 13 Please Vacate the Judgment entered. DATE: (fiI�3 McC E,WEISBERG AN C AY P.C. BY: [ ] Terrence J. abe,Egruire [ ]M rc S. Weisberg,Esquire [ ] Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire 11 Joseph F.Riga,Esquire [ ]Joseph 1.Foley,Esquire Attorneys for Plaintiff s= McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#1.7616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201.926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 HSBC Mortgage Services,Inc. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. No. 11-393 Civil Daniel G.Poth and Jane M.Poth Defendants CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff,hereby certifies that a true and correct copy of the within Praecipe was served on the below persons by regular first class mail,postage prepaid,on 6th day of August,2013. Daniel G.Poth Jane M.Poth 437 Shippensburg Road Newville,Pennsylvania 17241 DATE: `a' (/ McCAB ,WEISBERG BY: [ ]Terrence J.kOa s ire [ ] arc S.Weisberg,Esquire [ ]Edward D. Conway,Esquire [ Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ] Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire 1111�voseph F.Riga,Esquire [ ]Joseph 1.Foley,Esquire Attorneys for Plaintiff