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HomeMy WebLinkAbout11-3299MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 To: f()t Ckae I Q . ui C- E? L 4- You are hereby notified to f l a written response to the enclosed within twenty (20)_ days from the service hereof or a 'udgment may be ag - you. fo aintiff Attorney for Plaintiff File: 34.15426 _ r) IC G L . 01 ENL LPP Mortgage LTD 6000 Legacy Drive Plano, TX 75024, Plaintiff, Vs. Michael C. Diehl 500 Noble Boulevard Carlisle, PA 17013, and COURT OF COMMON PLEAS CUMBERLAND COUNTY tl CIVIL ACTION MORTGAGE FORECLOSURE Brooke E. Diehl C-) q C? 500 Noble Boulevard ` W i --t Carlisle, PA 17013, :;a -Urn xr co c: Defendants c x c=) - ) r I r (/ILr-I S L/ /?// 14/?j P? ff A- -7 10 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 Attorney for Plaintiff LPP Mortgage LTD 6000 Legacy Drive Plano, TX 75024, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. Vs. Michael C. Diehl 500 Noble Boulevard Carlisle, PA 17013, CIVIL ACTION MORTGAGE FORECLOSURE and Brooke E. Diehl 500 Noble Boulevard Carlisle, PA 17013, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, LPP Mortgage LTD (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 6000 Legacy Drive, Plano, TX 75024. 2. Defendants, Michael C. Diehl and Brooke E. Diehl, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated December 22, 2006 and recorded January 2, 2007 in Deed Book 278, Page 1025. 3. Defendant Michael C. Diehl, upon information and belief, resides at 500 Noble Boulevard, Carlisle, PA 17013. Defendant Brooke E. Diehl, upon information and belief, resides at 500 Noble Boulevard, Carlisle, PA 17013. 4. On December 22, 2006, in consideration of a loan in the principal amount of $236,600.00, the Defendants executed and delivered to New Century Mortgage Corporation, a California Corporation, a note (the "Note") with interest thereon at 6.500 percent per annum, payable as to the principal and interest in equal monthly installments of $1,495.47 commencing February 1, 2007. 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 New Century Mortgage Corporation, a California Corporation, a mortgage (the "Mortgage") dated December 22, 2006, recorded on January 2, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Book 1977, Page 4768. 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 June 9, 2009 under Instrument Number 200919316. See Assignment of Mortgage attached. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 26 Netherby Lane, Carlisle, PA 17015 a/k/a Barnitz, PA 17013. 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 ................................$227,339.65 Accrued but Unpaid Interest from E-hibit A ALL that certain tract or lot of land lying and being situate in South Middleton Township, Cumberland County, P008ylv9119 which are bounded and described as follows: LOT 3: Deginning at the corner of lots 4 and 3, thence along lot 49 ITT 74 dogreo 22 minutes 38 seconds E for a distance of 245.53' to a point, acid Out being the corner of Iota 4 and 3; thence along lot 11 of plan Book 79 page 116, S 04 degrees 50 m1blites 09 seconds E for a distaofiae of 130.541to it point, said point being the corner of lots 3 and 2; thence along lot 2, S 85 degrees 52 minutes 31 seconds W for a distaste of 134.03' to a point at the eastern side of a $0' wide right ofwsty known as Netherby lane and also being the corner of lots 3 and 2; thence along the eastern side of s9id 50' right of way, a curve to the left (laving a radius of 409.25', an are length of 82.131, a chord hearing of N 09 degrees 52 minutes 26 seconds W, and a chord length of 81.99' to a polut, said point being the place of beginning. B)gIWG Lot 3 of the Proposed Plan of YAts for Phase One, the Flan of Netherhy prepared for Donald E.1liebl, et al by Dawood EngiateAng, Inc. dated Apri124, 2003, and recorded In Recorder of Deeds, Cumberland Cotmty, In P Urn Book 87, Page 105. L `in -1G - C) to 31, - y 2- 2- 6A i-i?NC CA0,1is1C Zit Nl trtue 4/1/10 to 3/23/11 ........................................$14,436.29 Accrued Late Charges ....................................$896.22 Corporate Advance .........................................$143.01 Escrow Advance ..........................................$6,059.20 Title Search Fees ............................................$325.00 Recoverable Balance ...................................$1,021.50 NSF Fee ............................................................$20.00 Reasonable Attorney's Fees ........................$1,300.00 TOTAL as of 03/23/2011 .... ....................$251,540.87 Plus, the following amounts accrued after March 23, 2011: Interest at the Rate of 6.500 per cent per annum ($40.49 per diem); Late Charges of $74.77 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P. SA 680.40 1 (c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 26 Netherby Lane, Carlisle, PA 17015 a/k/a Barnitz, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on July 14, 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, $251,540.87, plus the following amounts accruing after March 23, 2011, to the date of judgment: (a) interest of $40.49 per day, (b) late charges of $74.77 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 & ASSOCIATE LC squire Attorney for P tiff 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. Name:-Pa J. Wesner, Esquire Title: A ev Print Document MI M 100431"01040174M NOTE Deoes*m= 22, 2006 Ce_L,'TI:MA PJDDI LVANIA MWI iCfI F-H 26 B82IMMOY LM, n oRy Ir"lx'rt:' ArNtrcra Page 1 of 3 1. BORROWER'S PROMI',9t; TO PAT In n'turn for a loan that I have received, l pmuthe to pay U.S. 236, 600.00 (this amount is called 'Prialpal% plum inlrnst, to the order of the Ltvttler. The Leralur is nRa OMIT rs 19MTGRU OORBt2t1t.4'ION, a California Corporation. I will mate nil pgmunta under this Note in the form of mmrb. checl: or mm q order. I undergancl that the Lender ntay in msfer this Note. The Lender or anyrrnt: wbo takes this Note by tM4,r and 'RIM it etttltied to melve ptiytaents uttdcr Chia Nate; Ia caller] ttu: "Nom' tlolc?r." 2. INTEREST Iatenst will be charged on unpaid prindpat until the frill ammt= of principal has been paid. I will pay iutertyat at a yearly rate of 6.500 %. The interest rate required by this Shim 2 is the rate I v7111 pry both before and after any default described in Section 6(BI of this Near. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a paynlrnt every momh. I will nuke my mrttuhly, payment un the 143t day of each montb begianittg on tnabt:oary 1, 2007 1 will nmte these ptpwrits eery month tntdl I have paid all of the principal and interest and any other chatpes d may own under this Not,. Each art riltetiE dx that I monthly payttxitt will he applied as of its scheduled doe time and will be applied to o i nteTaet helm Prl u*W. If, on January 1, 2087 , I tAl twee amanita umkr this Note. I wall pay thtuc amounts in full ton that date. which is called the 'Maturity We." I will arose my monthly paynu ms at 18400 Von t r_sat, u, suite 1000, Irvine, ah 92612 or at a different place If acquired by the Note llrthler. IB) Amount of Monthly P"n ags My monthly payment will be in the amount of U.S. $ 1,4D5.47 4. BORROWM'S RIGHT TO PREPAY I have the ri& to MAb payMt scut of principal at ;sty time bef m tMy sae due. A payment of Principal may is lnowvt at a 7+aYMtyrt. AM=1 make a Prepay unt, I will tell the Nose Holder m writing that I am during so. I may not designate paste as a Prepayrnt:ut if I have not made all the monthly paymeou rho under the Notes a I May uake a 8tlt Ptepaytn or without paying a Prepaymet ch The Note Holder will use my Prepayments to sauce the aMamt oi' Utrlnd?ow under this Nate. How ever. tltu Note Holder map apply my PrepWineut to the accrued and uttpad nut" on the Prepayment savant, before aWyft ray Prepayment to redace the Ptiacipa atnntrttt of the Nose. If I make a partial PreMment, them will. be no chmWs in the due date or in the smomrt of my monthly pa)mwm unless the Note Milder stereos in a rlum to those changes. 329-10640059 MULTISTATE FIXGD RATE IMOTE-Spyttp Family-Faterlo tnaolFmddl, Mae UfjWMM Mel FIN) UM 4ftttN ICanl.at Form 3200 1101 vrrrr*>wtn?nf POgrA3 • atngr4t.rat f`:.M 1 M 9 hMAt -L!Tk? . 1 https:l/apps.mgcmortgage.com/obext/controlsupport/print.aspx?id=ab4c3114-534e-41bc-... 12/13/2010 Print Document Page 2 of 3 0 0 S. IRAN AIARGRS If a law, which applies to tlds loan stud Ulrich xis nta?inahat Ivan charptea, is finally interpreted ro that the interest or other loan dmges collected or to bee collected in cammetion with this dnan eav d the Permitted limits, then: (a) any such loan charge shall he reduced by the stintmm necessary to AA= the c harps in the permitted limit; aid (b) any sum: already colki'ud fitter rue which mvedot! perneacd limits will lie refunded to me. The Noir Holder may choose to nsih- this refund by teem** the Principal I owe coder this Note or by mak* a direct Mmient to rue. If a wf and reduces Principal, the reduction will use treated as a partial Prepayment. b. BORROWM'S FAIUMN TO PAY AS P.VQU'-PFn (A) Late (atarge for Overdue Payasemta If the Note Holder has not neoL imd the full am= of my mhhhtbly payment by the and of 15 calendar days atti'r the data it L due. I will pay a late citatgr to ilk- Neste Holtkr. Pre amount of the duW will he 5.00 Sf of m overdue p;Wnxrx of prihtripal and IntatTA. I will pay thi . late charge pnxnptly but only once on each late paynmrtt. (B) Detauk If I dot ru tt pay the full anhou nt of each monthly payni tt on the date it is due. I will he in defadh. (C) Notice of Default If I an In default, the Note holder may seal me a vffko'.n remise' truing me that if I do no pay rho ovexdtte atrmRad by a certain date, the Note Helder nsay requw. irk to pay krawdiately thr full amount of Principal which has ant twen paid amt A this interest that I mm on that amount. That date must be at few 30 days after the date nut which the notice is nWi d in ass tut deihcftd by othtx means. (D) No Waiver By Note Holder E-t'rrr if. :11 3 limo when 13111 in &601t, tlne NOW Iiokler does not requuin me to pay in nediatciy in full as tincxik-d ah we, the Nota Bolder will still have the right to do so if I can in default at a later time. (E) Payment of Note Hower's C.ostu ants FAzarases If the Nose Holder has required m3 to pay insardiately in full as dtwc ribed above, the Note Holder will have the tight to be paid hm k by we for all of its cosy and etpetnses In etftm ft this Note to the tntent trot prdm'b W by applicable law. Those uxpenseh include, for example, reasonable attornry't' fees. 7. GIVWGOFN017CFS Unku applicable fatty requires; a different method. sty notice that most be given to me under this Ntxu will he given by &-threering it or by rtrdlbhg it by drat class mail to nhe at the property Addreas above or at a different address if I give the Now iGdcler a rattice of my different address. Any notice that must be gh'en to the Note Holder under this Note will he given by deAvering it or by mailing it by finA ovim% mail ro the Thee Holder at the address stated in Section 3(A) shave or at a different address if I am given a rnstice of that different address. S. OBUGATIO14S OF PERSONS UNDER THIS Nt7IT If mot; than one person signs this Note, ea:h person is fully axe personally obligsted to keep all of the promises made in this Note. including the promise to psi the full =xtunt owed. Any person who is a goorantor. slued or axiarser of this Mate: is alsth tibligattxd to do these things. Any per am v8hn takes ovex these obligations, fnduffing the obllgatiems of a guarantor. xmhy or endnraer of this Niue. is also olfto d to keep all of the Ivorn in made in this Note. The Note Holder may etefittre its righla un r this Note apiust e*A person individually or against all of us togdher. This incur that any one of us may be rrcluirud to pay all of the arnounts owed under this Note. 9. WAIVERS 1 rand any other person who has oftationa under this Note waive the tights of P11.7Wbneat and Notice of Dislxxxer. "Prevethtmment' means the right hi require the Notes Holder to demand payment of attrntott due. "Notice of DMontir" it eau the right to mgoin: the Note Holder to give nntier to other perms that amounts eras have not been pall. 339-10640059 ra mtsn Fwm 3200 t 4ftM f=±y"'t https:llapps.mgcmortgage.comlobexVcontrolsupportlprint.aspx?id=ab4c3114539e-41bc-... 12/13/2010 Print Document i i Page 3 of 3 10. UNIFORM SECUMO MM This Note is a unifnral Wrtu tent 714th united variataurs in &viv jnriedkxkrns. In addition to the pnrtections Firm to the Note Holder under this Now, a Mort:, Deed of Trod, or Semrily Deed Ithe 'Security Insinm ent°), dated the Limo date as this Notr, ptntects the NoW Bolder fmm passible lenses which nd& result if I do not keep the promiaes which I nude; in this Note. That Security lmttturtteat dexrPrs how and unlLz what conditions I nary be mquired to nt&e brAnexHatu pajmmnl in fell of all anxua I owe unkr this Nw - Some of those crm&tkw are dcacrilxd at follows: If all or any pail of Ow Firgerty or any Interest in the Ihnperty is sold or trantkrn3d (or if Borrom r is not a natural person and a benafiM balm in Borrower is sold or ttansferted) withastt Leader's prior written consent, Corder may require insnediate payment In full of all stuns occured by this Security Itutnanent. slow -ver. this option shall not be e=Istd by Lender if such etiffcse is prohibited by Applicable Law. If Lgtder exercises this option, L.em1ty shall give Borrower notice of aoceletatitm The notice shall lmnide a period of not less than 30 days from the date the notice Is 0 = in avetwWoct with Section 15 within which Borrower nut pay all sans mcoml by this Security Instnttnent. If Btntowar blis to pay these sums prior to do expimion of this period. Lender nny invoW any tenmdies pettn€tted by this Smurity iastrutnent with= rurthrr notice or danond rm Bknrmt-r. WITNPSS THE HAND(S) AND SBAi AI OF THE UIdDTT:SIGNED. MXCKMM C. DIEM - ww" &t&M 8. AIBtII. t><,rmHrr ._ - ._ _ _ .- _ ._,.-__0001) _. ._ _ . _ __ - (Snai) -Mraxxr Mimmwr 4*mo ur ANKTU a (.Seal) _ -(Shall) -&nwwcr [Slp Orrginal On4,1 329-10640059 M&M 0".01 rw ? 0.1 Form 3200 7101 https://apps.mgcmrtgage.com/obexthcc)ntrolsupportlprint.aspx?id=ab4c3l l4-539e-4lbc-... 12/13/2010 03-08-'11 16:04 FROM- N lq? t5 This Document Prepared By and After Recording Please Retain Tof MCC MORTGAGE, INC. Attn: Allison Martin, Manager Document Control P.O. Box 251686 Plano, TX 75025-9933 BC #: 658090 MtRS ID #: 100431900104017452 ASSIGNMENT OF MORTGAGE APN No: 40-10-0636-422 Grantor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 1595 Spring Hill Road, Suite 310, Vienna, VA 22182 Grantee: LPP MORTGAGE LTD., A TEXAS LIMITED PARTNERSHIP 6000 Legacy Drive, Plana, TX 75024 Property Address: 26 NETHERl1Y Y,ANE,, BARNITZ, PA 11013 Legal Deseription: NIA 10--i'N ?11icf4l+t?tff IouMS?r?l? 6?w,616(1 Ccw1 1' (kt?elqivwiz I do certify that the precise address of the within named (Grantee/Grantor, Assignor/Assignee and Mortl,,agee) is correct, Allison Martin, Document Control Manager MGC mortgage, Inc, P,O,73ox 251686 Plano, TX 75025-9933 Tel: (469) 229-8600 Mar 9 2011 05:llam P035/052 T-898 P0035/0052 F-745 0310812011 12:62:28 PM CUMBERLAND COUNTY Inst# 200019316 • Page i of 4 03-08-'11 16:04 FROM- BC: 658090 ASSIGNMEN I' OF MORTGAGE Mar 9 2011 05:11am P036/052 T-898 P0036/0052 F-745 THIS ASSIGNMENT OP MORTGAGE (this "Assignment") is made by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. whose address is 1595 Spring Hill Road, Suite 310, Vienna, VA 22182 ("Assignor', to and in favor of LPP MORTGAGE LTD., A TEXAS LIMITED PARTNERSHIP, whose address is 6000 Legacy Drive, Plano, TX 75024 ("Assignee"), pursuant to the terms of that certain Master Loan Sale and Interim Servicing Agreement, (the "Purchase Agreement"), effective August 22, 2008, between DB STRUCTURED PRODUCTS, INC. and LOAN ACQUISITION CORPORATION. THIS ASSIGNMENT WITNESSES THAT, in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by Assignee, Assignor hereby assigns, transfers, sets over and conveys to Assignee and its successors and assigns, without recourse and without representation or warranty, whether express, Implied or created by operation of law, except as expressly set forth in the Purchase Agreement, the following: that certain Mortgage front Michael C. Diehl and Brooke E. Diehl, husband and wife, dated December 22, 2006, and recorded January 2, 2007, in Book 1977, at Page 4768, as Instrument No. n/a, in the Clerk's Office of the County of Cumberland, State of Pennsylvania, (the "Mortgage"), which Mortgage secures that certain Promissory Note dated December 22, 2006, in the original principal amount of $236,600.00, executed by Michael C. Diehl and Brooke E. Diehl and payable to the order of New Century Mortgage Corporation, a California Corporation, as modified or amended (the "Note); such other documents, agreements, instruments and other collateral that evidence, secure or otherwise relate to Assignor's right, title or interest in and to the Mortgage and/or the Note and/or the loan evidenced by the Note, including without limitation the title insurance policies and hazard insurance policies relating thereto that are in effect. (AMR12011 12:52:28 PM CUMBERLAND COUNTY Inell200819316 - Page 2 of 4 03-08-'11 16:04 FROM- BC: 658090 Mar 9 2011 05:11am P037/052 T-898 P0037/0052 F-745 IN WITNESS WHEREOF, Assignor has caused, this Assignlneut to be xecuted and delivered by its Authorized Representative as of the {01 day ofjy?(?r \ 2009, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. .?i 13y: , a-4 Name: Richard Della Pietra, Assistant Secretary By: Name: SheiIy Arroyo, Assistant Secr tary ACKNO'WLIKI)GMENT STATE OF NEW YORK COUNTY OF QUEENS Before me, the undersigned, a Notary Public, on this day personally appeared Richard Della Pietra and Sheily Arroyo, both Assistant Secretaries of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and the person who executed the foregoing instrument by virtue of the authority vested in him/her, and he/she acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. Given under my hand and seal this _ day of a V V v 2009. -.-W ? Z [A ? d ?/,i N . Daniel Kiln Notary Public, State of NEW FORK My commission expires: 9-152012 A P F I X NOTARY SEAL 4ARIEL ;? •oY ¢UeE G s l AtEor< ''lo. O1KidT OF HEW YORK 410-011ftetl In Queens Conn `n? en FXP'fes Sa f P sdnbet Ib, 2012 03108/2011 12:52:28 PM CUMBERLAND COUNTY Inst.# 200919316 - Page 3 of 4 03-08-'11 16:05 FROM- ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200919316 Recordcd On 6/9/2009 At 11:12:39 AM lustrument Type - ASSIGNMRNT 41' MORTGAGI luvoice Number - 45541 User ID - AF * Mortgagor - DIEHL, MICMAEL C Mortgagee - LPP MTG LTD * Customer - MGC MTG INC * FEES STATE VMIT TAX STATE JCS/ACCESS TO JUSTICE RECORDI14Gy FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $x2..50 $10.00 $2.00 $3.00 $37.00 I Certify this to be recorded in Cumberland County PA * Total Pages - 4 Mar 9 2011 05:11am P038/052 T-898 P0038/0052 F-745 Certification Paige .17xO NOT DETACH This page is now pert of this legal document. RECORDER O D zos YtDa - Information denoted by an asterisk rosy change during tho verification proem and may not be redacted on this page. iiwuiTi?u 03ION2011 12:52:28 PM CUMBERLAND COUNTY fnsl.# 200919316 - Page 4 of 4 03-08-'11 16:01 FROM- ,rte JR(W 6 OF .. L s 1907 AN 2 Bpi 3 24 Prepared $y: Home123 Corporation 22485 Tombdl Parkw*y Houston, TX 77070 Return TO: NOW Ccutory b%erlgage Corp, Attn., Tre iwg Does Department 210 Commeree Irvine, CA 92602 Parcel Number: 40-10-0636-422 Premises: 26 NZTH6RSY JAMB, BUMITS, PA 17013 Mar 9 2011 05:1bn PO 18/052 T-898 P0018/0052 F-745 iStruce Atlove 7* LIM Fbr Reewftg DoW DBFINMONS MORTGAGE MIN 100431900104017452 Word, used in multiple sections of this document arc deflaW below end ohWr wordy am ddiinod in Sections 3, 11, 13, 18, 20 and 21. Certain rules regetding the usage of words used in this document an also provided in Section 16. (A) "may bWrW"wt° means this doe RIM111, which is dated D-comber '22, 2006 , together with all Riders to this document, (B) "Borrower" is MICHUL tr. DIMIL and 1*001111 E. DXZIM, Husband wad Wile Borrower is the mortgagor under this Security htstnmtent. (C) "MERS" is Mortgage F,ieotmnic Reemadon Systew, Inc. MSS is a separate corporation that is Acting solely as a nominee for I&Ww And hr's allcoeasora acrd assigns. MM is dw morl uder tills Security hwstnunent. MBRS is orputwil gad existing under the taws of Delawam. And has an aridness and wkphone number of P.U. Box 2026, Punt MI 48501-2026, tel. (888) 674-MBitS. 324-109400a9 P MMSVLVA14A . Single Family - Farms moomr.ad1. eeae UNIFORM INISTRUN@NT WrrN Mors 40t4AIPAI roans) Form 3085 1101 r.P , .1 16 1011w. 6412 VMP MNI"M SPAOM. Ina wM6 , 8K 1977PG4 768 03/08/2011 12:46:29 PM CUMBERLAND COUNTY Inst.# 200700028 - Page f o(17 03-08-'11 16:01 FROM- Mar 9 2011 05:10am P019/052 T-898 P0019/0052 F-745 (D) 'Itmder" is 19619 carmY NDRTaha Ct)ItPmnT:rcv, m t"-alifomis Carporntion. Lender is a Corpotvation organized ad existdag under the laws of Calif =ia Leatdrr's address is 10400 von ltirrtaan, Suits 1000, irvinu, CA 42612 (E) "Note" nreans the promissory Ante eipwd by $orxower and dated Dea0mbor 12, 2006 The Note states that Bomower owes Lender Two Huadrgd i9ui rty-six ft*M.$Md 8ix 8undraad And 00/100 Dollars (U.S. $ 236, 600.00 ) Plus interest, Bormwer has promised to pay this debt in regular periodic payments and to pay the dept in full not later than Joan ary 1, X037 (p) "Pf0PedY" means the property that is described below under the Property „ heading Transfer of Rights in the (G) "li oam" means the debt evidenced by the Note, plus interest, any prepayment charges atld late charges due under the Note, and all suns due under this Security hattument, plus interest, (10 "Riders" means all Riders to this Security Instrunmt that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): M HMiustable Rate Rider 0 Coadonuiniunt Rider 0 Second Hors Rider liailoon Rider HRiWcWy Hal" Unit D"Clopment hider 01-4 i?amily Rider VA Rider payment Rider Uther(s) [specify]: Rd ibl.C "An (1) "Applicable Law" means all controlling applicable federal. state and local statutes, regulations, ardinar? and administrative rules and orders (that bave the effect of lase) w well as all app kable tonal, non able judicial opinions, V) " bmumnity Aeaodation Dees, Fees, and Amens quota" means all dues. foes, assessmew and other charge that are imposed on Borrower or the Property by a condaminium association, bomeowncrs association or similar orgamizatlort, (9) '%Ia*vnk )l& Tn>ssfer' means any transfer of funds. other than a traniactioA originated by chock. drag, or sbnliar paper instntrnent. which is initiated through an electronic terminal, telephonic imstruaneat, con>putee, or rras?gaatic tape 40 a to order. Instruct, or authorize a f neciat ieutitution to debit or credit au aa4COUnt. Such term i?Clrr . but Is not limited to, point-of-sale transfen, automated toner machine transactions, transfers initiated by totepltorte, wine tr miens, and automated clearlA$pouse transfers. (L) " eerow lamas" means those items that art.` described in SeWon 3. 09 "MINOdboxon pr+4C W' uterus 91ty compensation, settlement, award of by any third party (other than insv=ce proem& paid under tills coverages described i'_ or po d damage to, or destruction of, the Property; (H) eosdemdatdon or other taking of all or any pat of the Propecty; (lit) conveywce in lieu of condemnation; or (iv) misnpreventatiom of, or oraissions as to, the value and/or oonditioa of the Property. (N) "Morlm I>waranoe" means niguren0e protecting Leader agoih* the notrp>tytgeat of, or default on, the LOaa (0) "Nerleadic 1Paymeast" meena the regularly aehedulotl O"Uut dare for (i) principal and 1111esre9t under the Note, plus (ii) any am0utnts under Section 3 of this security Instnunent. 329-10640059 4%-$A(PA) Wool Peps2atte ? Fam9039 1101 BK f 977PG4769 03106/2011 12:46:29 PM CUMBERLAND COUNTY Intl 200700029 . Page 2 of 17 03-08-'11 16:01 FBOW Mar 9 2011 05:10am P020/052 T-898 P0020/0052 F-745 (P) "R1l:3PA" roean8 the Real Estate Se kumt FtneWuM Act (12 U.S.C. SoWou 2601 et seq.) sad its implementing "too, Regulation X (24 C.F.R. Part: 3500). as they might he amended Win time to time, or any additional or successor legislation or regulation that governs the same aw*mt matter. As tWA in this Security Ivatrw mt. ")OWA" refers to all to- =a* ad restrictions that are ' is npgani Unposed to a "federall?yy related mortgage loan" even if the L4m does not qualify as a "federally mUed mortgage loan" miter 1t PAT. noot that pa* has assumed WW of l arrow ef's bligations u oder?the to adlor tide Semd the Im ' whether or TRANSFER OF RIGHU IN THE PROPERTY This Security Imuu ant smwes to bender: (i) the nepayawnt of the Loco. and all renewals, extensions and modifications of the Note; and (ii) the Wibr mm of )3ormwee3 covenants and agreements under this Security hutrumau and the Note. For this purpose, $orrower does hotty tortgage, grant and convey to MFRS (solely as nornirlea for Lender and X.errder's sueoeaaurs and assigns) and to the successors and assigns of MFRS, the following described property located in the county UYw of Recording fnri"dWonl of Gt bmwama p lNmn of Rwotdtng ]wi+dic&Q; Sara t:irhibit "A" attached hozato and Jna*rpp;ated herein by veforenclo fqr all pttivosas. which currently has the address of 26 lmm=y LSt E NAMMS ("Property Address [Sbtm [eery). Pennsylvania 3.7013 [Zip Codcl TOGETHER WITH all the improvemtaus now or hereafter erected on the property, and all easements, urteganM' sad fixturea now or hu=ffier a part of ft ?+op r1y. All additions shat! also be, cayerod by this Security Int. All of the foto' is rvlacementg mto tl rig SeCuM Instrument as the 'Property." Borrower uodarsUn b and agrms that 1411 holds O y legal title to the interests granted by Borrower in this Se+etai Iaetrum fliv but, if nwcsWY to custom, h0A$ (as nominee for Leader and > vomemm and pggttggooss rig?tto wexerolse ' an°y or all of those leamts, incl?but not limited to. the right to fosre)ose and adt the Property; and to Wwtny action requ[sed of lneludiag, but not limittee++dd to, releasing, and CWeliug this Samrity 320-10640059 -sA1PAtMWB) par 3 at if ? form $038 1101 OX 1977PG4770 03/08/2011 12:46:29 PM CUMBERLAND COUNTY trmt.# 200700020 - Paps 3 of 17 03-08-'11 16:01 FROM- liar 9 2011 05: low P021/052 T-898 P0021/0052 F-745 BORROWER COVENANTS dW borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the property is unenounftwd, except for encumbrances of record. Borrower war ants and will defend generally the title to the Property against all claims and de= A&, subject to *Ay encuiubmcea of record, THIS SBC'M TY INSTRUMENT combines nnifprin covenam for national use situ non-uniform covenants with limited variations by jurisdiction to constitute a unifortrt security instrument covering real property- UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. I'aybaeut of PfWpal, hilimest, Escrow lttm, PrgWyss# Cbmr^ MW Late chuBm. Borrower shall pay when due the prbwipah of, and dnterest on, the debt evidenced by the Note and Auy prepayment charges and late charges due under the Note. Borrower shalt also pay f UKb for laser W Items pursuant to Section 3. Payments due under the Note and thfs security Instrwnehu shall he tttade in U.S. currency. However, if any check or other inatcumm received by Lechler w payment under the Note or this Smuity InstrWnent is retunnW to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and this SWJWy Instrument be made hi one or more of the following forte, as selected by balder. (a) cash; (b) money order; (e) Certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution winces deposits are imumd b a federal agency. instnrtnpttulity. or entity; or (d) Electronic Funds Transfer. Y Payments am deemed received by Lender when received at the location Note such other location as ma designated the or at Y domed by Lender in ?onhutce with fire notice provisions in Section 15. Looter may retum any payment or partial payment if the payment or partial payments are insufficient to bring the 1 *w current. Lender may aceapt aV payment or partial payment imutrjoient to bring the Loan mo t, without waiver of any rights hereunder or prejudice to its rights to rafimo such payment or partial payments in the t5 hm. but Lender Is not obligated to apply such payments at the time such psynteuts are aceeptod- If each Periodic Payment Is applied as of its sehoduled due date, then Lender need not pay intorat on unspplied heads. Lender my bold goo unspoiled fiends until Borrower melees payment to bring the Loan current. If Borrower does not do so within a rea/ottable period of time, Lender ahau times apply such funds or return them to Borrower. If not applied earlier, such fiends will be applied to the outstanding principal balance under the Note immediateJy prior to foreclosure. No oflact or claim which Borrower might have now or in the future agaimt 1ANWer shall relieve Bwower from mlaldrtg payer due uodw the Note and this Security Instrot>q A or performdng tie covenants and sg is secured by this Security Insunn"t. 2' APPROd" of Or PfGm&- Except as etbpwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority; (a) interest due under the Note; (b) prhvipad due under the Note; (c) amounts due under Section 3, Such payments shall be applied to tech Periodic Payment in die one in which it beta w due, Any rennaining amounts shall be applied first to late charges, second to arty other amounts due under this Secure then to reduce the principal balance of the Note. Security ??, and If Lender receives a payment fmm Borrower for a delinquent Periodic PgYnleat which includes a sufficient amount to pay any late charge due, the payment may be applied to the delintiaw payment and the late charge. If more than one pedodle Payment is outstanding Lender HUY Apply RRY payman received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each p431tw t 329-i96a0059 ?,? 4R-GA(PA) tmov) 1,V0.4. Pop.sd,s / i4,M31r38 1107 t1 OK1977PG477I 0310812011 12:46:28 PM CUMBERLAND COUNTY Instl 200700029 - Page 4 of 17 03-08-`11 16:01 FROM- Mar 9 2011 05:10am P022/052 T-898 P0022/0052 F-745 can be paid in Cult. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic payments, such excess may, be applied to any late charges due. Voluntary prepayments shall be applied trust to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscdlanemts proceeds to principal due under the Note shall not extend or postpone the due date, or clump the amount, of flue Periodic Payments. 3. Funds for Esmw Items. Borrower shall pay to Leakier on the day Periodic Payments are due under the Note, until the Note is paid in hilt, a sum (the "Funds") to provide for payna:nt of amounts due for: (a) taxes and assessmepts tale other items which can attain priority over this Security Jusbuunent as a lien or encumbrance on the Property; (b) leaeeboki payments or ground texas on ttte Property, if any; (c) premiums for any and all insuuance required by Lender under Section 5; and (d) Mortgage lusmrance prendums, if any, or any sums payable by Borrower to Lender in lieu of the paymennt of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items ace called 'Escrow Items." At origination or at any time during the term of the Loan, Leader may requim that Communtity Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such Om. Yes and assessments shall be an Escrow Item. Borrower shall proaWdy famish to lender all natioes of amounts to be paid under this Section. Borrower shall pay leader the Funds for Escrow Items uttiess Lender waives Borrower's obligation to pay the Finds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Punds has been waived by) ,coder and, if Lender requires, shall furnish to Lender receipts evidencing Ouch payment within such tie period as Yonder they require. Borrower's obligation to nukee such payumits and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is dbligated to pay Escrow Items dtmWy, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such a nou nt and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. lender may revolve the waiver as to any or all Esmw Item at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shalt pay to Lender all Trends, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow item or othei vise in aeeordanee with Applicable Law_ The Funds shall be beld in an institution whose deposits am insured by a federal ageMy, instrumentality, or entity (including Lender, if Leoder is an institution whole deposits are so insured) or in any Federal Rome Loan Bank. Lender shall apply the Funds to pay the Esmw Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding sad applying the Funds, annually analyzing the cacrow ftwlu t. or verifying the Escrow Items, %Wm Lender pays Borrower interest on the )"lands and Applicable Law permits Lender to make such a ehwge. Unless an agreement is made in wnuq or Applicable Law requires ititerest to be paid on the Funds, Lender shall act be regAM to pay Romwer any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 329-10640059 4R-eatr?A? mot psea Go 16 swim,; tv A 0 Font aces ,rod O K I 977PG4 772 0310812011 12:46:29 PM CUMBERLAND COUNTY insL# 200700029 - Page 5 on 17 03-08-'ll 16;02 FROM- Mar 9 2011 05:10am P023/052 T-898 P0023/0052 F-745 shall be paid on the Ppads, ladet shall give to Borrower, without charge, an annual accounting of the Vwxis as required by RBSPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess urges in woondaaoe with RP,4PA, If there is a shortage of Funds held in escrow, as defined under RESPA. Fender shall notify Borrower as re Wiwi by MPA, and Borrower shall pay to Larder the amount necessary to nuke up the shortage in accordance with RPSPA, but in m0 more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower w required by RESPA, and Borrower shall pay to. Lender the amount nmuary to m4ke up the deficiency In axortimm with RESPA. but le no more that! 12 jonthly payments. Upon payment in full of all sum secured by this Security Instrument, Lender shall promptly ref uxi to Borrower any Funds held by Lender. 4. Charpq Bens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can Wain priority over this Security Instrument. leasehold payments or ground rents oA the property. if any, and Community Aasociation Dues. Fees, and Assessprents, if any, To the extent that these items am Escrow items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lira which has priority over this Security Instrument unless Borrower, (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while a ww proceedings are pending, but only until such proceedings aura concluded; or (a) mcum fmm the holder of the lien in agmepwmt sstiisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of am property is subject to it lien which can attala priority over this Setatrity Instrument, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4, Lender may require Borrower to pay a one-tithe charge for a teal estate tax verification and/or XgMrt ug serV1CG 0001 by Latdtr in oonnCioa with this Lour. S. Property wee. Borrower shah kmp the improvamevts now existing or hereafter erected an the property insured against loss by fire. hazards included within the term *extettded coverage,' and any other hazu& including, but not limited to, eathilokes and floods, for which Lender roquitres insurance. This insurance " be maiawned is the aso mts (including deductible levels) and for the periods that Lender roquim. What Leader wilt Tres pursuant to time preceding aentences can change during the term of the Loan. The insurance carrier providing the Wattmnt a tda be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably, Leander may require Borrower to M. in eonumt mt with this Loan, either; (a) a onalime charge for flood zone deternmhnation, certification and tracking services; or (b) a one-time chage for flood zone determination and certification services and subsequent charges each time r>e ings or similar changes occur which reasonably might aKax such determination or certification. Borrower shall also W responsible for the payment of any fees imposed by the Federal Ummgmay Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 329-10640059 was.: D _ W"(PA) toeosl P."60116 W Ear 3039 trot O K I 977PG4773 03108/2011 12:41329 PM CUMBERLAND COUNTY instA 2007100029 - Page 8 of 17 03-08-'11 16;02 FROM- Mar 9 2011 05:10am P024/052 T-898 P0024/0052 F-745 If Borrower faits to maintain any of the coverages described above, Lander May obtain insurance Coverage. at Leader's Option and Borrower's expense. Lender is under no obligation to pur+ebsae say particular type or amount of coverage. 't'herefore, $uch coveragp sb411 cover Lender, but might or e might not protect Borrower, Borrower's equity in the PFOPetY. Of ft contents of Ute Property, against any risk, hazard or liability aAd might provide greater or lesser coverage then was previously iu effixt. Borrower acknowledges that the cost of the Iowa= coverage so ob4&wd might significantly exceed the cost of utsutance that Borrower could have obtained, Any amounts diabursed by Lander under this Section 3 shall become 44dittonsl debt of Borrower secured by this Security r'nsoument. These amounts ftu bear intetmst at the Note rate fivm the date of disbar gt and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies re paired by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, ad shall ramie Lender w mortgagee and/or as an additional loss payee. Leader shill have the right to hold ells policies atud reasewal certifiieatea. If Lender requires, Borrower shall prourtptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise reg4W by Lender, for damage to, or destruction of. Me property, such policy shall include a standard tuortgage clause and shall name Leader as maortgagee and/or as tai addidonal loss ppayce. In the event of lea,, Borrower shall give prompt notice to the insurance Carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proccoda, whether or not the tmdprlying insurw4c was required by Lender, shall be applied to restoration or repair of the Property, if the rratcrstiqu or repair is economical[ feasible and Lender's semdly is not lessened, y During awl repair and resforruioa period. Lender ahudl have the right to hold such insurance proceeds until Lander has had an opportunity to inspect such Property to easum the work has been completed to Lender's satisfaction. provided that such inspection shalt be andertaken promptly. Leader may dishutae proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless in egr+eemeat is made in Ming or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pny Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties Borrower shall net be paid out of the insurance ' 7etai by pmoee& and shall be the sole obligation of Barrowe wax. If the reolorodon or repair is not economloWy feasible or Lender's security would be lessened, the lo"rarce pis shall be applied to the mom semm5d by Hods Security fsstru mean , whether or not then due, with the excess, if any, paid to florruwer. Such insurance pMeeeds shall be applied In the order provided for in Section 2. If Ilorrvwer abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters. If Bother does not teApOnd within 30 days to a notice from Leader that the ialmurarce carrier has offered to settle a claim, then Lem m4y negntlale and seffle the claina. The 30-4y period will begin when the notice is given. In either event, or if Leader squires the pmpwW under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's lights to any insarauce proceeds in an amount not to exceed the amouglo unpaid under the Nod or this Security hp , and (b) any Other of Bamawer's rights (other that the right to any refund of unearned Borrower) under all insurance policies covetM the pre?y, tasof? as such rights paW to a to by coverage of the Property. Lender may use the insurance pig glow to ?? ? applica or Moro the or to pay amounts uopaid under the Note or thla Sux:uri T?twent Property or tY . whether or not then due, 329-10640059 -6AlPAl toroe) ice: u? rats 7 of se Form 9099 1101 8K1977PG4774 03108/2011 U-M:29 PM CUMBERLAND COUNTY InsL# 200700029 - Page 7 of 17 03-08-'11 16:02 FROM- Mar 9 2011 05:10am P025/052 T-898 P0025/0052 F-745 6. taocupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Iastnumt and shat! continue to occupy the Property as Borrower's principal residence for at least one year after the date of oecupa q, unless Lender otherwise agrees in writing, whieb consent shall not be umftmnably withheld, or unless extenuating eirmunstances exist which are beyond Borrower's co nevi. I. vation, M4intammee and I+f>oottion of the Fm not destroy, damage or impair the Property, allow the Property to deteriorate conunint waste onl the Property. Whether or not Borrower is residing in the PmWrty. Borrower abaft maintain the Property in order to prevent the Property from deteriorating at deeteaaWg in value due to its condition. unless it is detenmined pursuant to Section S that repair or restoration is not eoonomically feasible, Borrower shall Prosy repair the Property if damaged to avold further deterioration or damage. If mauanre or condemnation proceeds are paid in connection with dmnags to, or the Wring of, the property, Bom mer shall be responsible for repairing or restoring the Pmperty only if Lender bas released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments ae the work is completed. If the load me or ro>ahmatilon proceeds am not sufneicul to repair or r lore the Pmletty, Borrower is not relieved of Rormwer's obligation for the oor'npletioni of such repair or restoration. Lender or its agent my mob reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements an the Property. Lender shall give Borrower ttotice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's lAmn AppReadon. Borrower sW be in defAWt if, during the Loan application process, Borrower or any persons or entities actigg at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information ar statements to Lender (or failed to provide Lender with metetial information) in connection with the Loan. Material representations include, but are not IhWWd to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9, bolecdon of Ufidw's 1aterest ib rite Pkvp wty mWl BigW Xiiadar this Sewrity hmfiv mt, If (a) Borrower fans to perform the covenants and agmenurb contained In this Security Irdshrmoent, (b) there is a legal proceeding that might aignifirudy affect IA*kr'e interest in the Property and/or rights under this Security rnatrument (such as a in enforcerrnernt of a lien which proceeding ?. pip' for eon rt4Aation or forfeiture, for may attain priority over this Segmrity bsttunsmt or to rxiform laws or reguladom), or (e) Borrower has abandoned the Property, then tender may do and pay for whatever is reasonable or approprimte to prow Xadves interest in the Pmpa* Inetntment, and rights under this Serenity including protecting turd/or assessing the value of the Pmperty. and am" and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums scWW by a lien which has priority over thds Security Innu mm; (b) appearing in court; and (C) paying reasonable attorneys' fees to protect its interest in the Property and/or rigbts under this SmU ty InmWnent, including its secured position in a bankruptcy proceeding. Secu %8 the Og entering the property to make Property includes, but is not limited to, repairs, Charge loclos, rYplace or board Up doors and windows. draiq water er from pipes. edimiomte hd1 tg or other code vlolviona or downs conditions, and have utilises turned on or off. Although I.endet' may take motion under. this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed flat Lender incurs no liability for not taking any or all actions authorized under this Seetlon 9. 329-10640059 f fl-6AIPA1 mom wvm.: vgraof la ? Form 3638 1101 BI{ 977PC 1;175 0310812091 12:46:29 PM CUMBERLAND COUNTY Instill 200700029 - Page 8 of 17 03-08-'11 16;02 FRW- Mar 9 2011 05.1 lam P026/052 T-898 P0026/0052 F-745 Any amounts disbursed by Lender under this Swdon 9 shall became additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and diall be payable, with such interest, upon notice ihfom Lender to Borrower rogwting payment. If this Security Instrument is on a lessettold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the property, the leasehold trod the fee title shall not tnerge unless Lender agCees to the merger in writing. 10. Mortgage Instrrauot:. If Lender required Mortgage baurance as, a condition of in" the Loan, Borrower shall pay the premiums rfdgWmd to maintain the Mortgage Ina canoe in efftd. If. fot days reason, the Mortgage Imuraooe covarag0 required by bender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was rapt Wmd to make sepuatdy designated payments toward the preneiwtts for Mortgage k=rance. Borrower dial! pay the prcap"tums required to obtain coverage stlhatantiauy equivalent to the Mo hwz me previoyaly in effect, at a cost aubataatially equivalent to the cast to Borrower of rite brtgagC GrsUraraee previously in effect, from an alternate mortgage inaan+er wilected by Leader, ff substantially equivalent Mortgage Inauraaoe coverage is not available. Borrower shell continue to pay to Lender the amount of the separately dakpated payments that were due when the insurance coverage ceased to be in effect. L r will accept, use and retain these; payments as a non refundable ions reserve in lira of Mortgage (euurant•,e. Such loss irserve shall be nott-ref indable, notwithstanding Me fact that the Loan is ultimately paid in full. and Lender shall not be required to pay Borrower any intemst or earnings on such loss reserve. Louder can no longer require loss reserve payments if Mortgage Insurance coverage (in the am, and for the period that Leader requires) provided by an insurer adeded by Lender agstin Noumea available. is obtaianed, baud Lender requires separately deaiguatod payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insuratce as a condition of malting the lam and Borrower was tapilred to Croke separately designated payments toward the premiums for Mortgage btu mm, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-reftunde le toes reserve, unn7 Lender's requirement for Mortgage Iasursnoe ends in soeordaoce with any writtm agreement between Borrower and Lendw providing for such terminatlon or until k7wire4tion is requited by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reisnburrea Lender (or day eality that puechssete the Note) for certain losses it may ineur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all swcr hwuranco IQ force from time to time, and may enter into agreements with o0w parties that share or modify their risk, or reduce loaded. These agmenx3gs are on term and conditions that are satisfactory to the mortgage ironer and the other party (or parties) to these agmembnts. 1*= agreements nary require the mortgage faswer to maker Mm Ms using any suttee of funds tW the mortgage unurer auy have available (which may include finds obtained fmm Mortgage Insusauce Premiums). As a result of these agreements. Laster, any pent Laser of the Note, aano"M inaumr, any reinaurer, any other entity, or dory affiliate of airy of the foregoing, may remivp (&uay or indimody) aommwfa that derive from (or might be charactorUM as) a portion of Bomwer's payA meta for Mortgage tusurm", in exchange for ahsdng or modifying the mortgage ittaimea risk, or reducing loaded. If mach sgmematt provides that an affiliate of Lender takes At share of the iostuces risk in exeha p fix a awe of the premiums paid to On insurer, the ana geattaht is often termed "captive miesurauoe." panther: (a) AqT ands agreaeaneaata vrW not aRad the ail wwb OW Dernower has agreed to pay for Mortgage lake raw*, or any otberr terms of tit Low, Suh spisaaeats will tat httaua to amount Borrower will owe for Martgrge Iosumice, No nay will abut c atitk Borrower to MW relemd. 329-10640059 iritfplr: ?? ft$AtPAimsft a.o.erf w try Form 3039 1/01 /< 77 - -- Ak ! SI 7 Dr 0310012011 12:4629 PM CUMBERLAND COUNTY fnstS 200700029 - Page 9 of 17 03-08-'11 16:03 FROM- Mar 9 2011 05:11am P027/052 T-898 P0027/0052 F-745 (b) any such agmements will htot Affect the djW Borrower Is" - If any - with roped to the me"A ge ham"ahat milts aw Rorseowneaa Pkv act of 1998 or any other law. TWW tights may include the rW to reodwe outela dbdoattrea, to 1"wet and obtain eanedhttion of the Mor4M Jawan mes, -to have the Mer4W )Gas wwace tonalue eel imenodeaftyr madlor to receive a rdond of any Mort&W bourauce pnuOmss that wee wamrned at the gene of such ennodlatiom or tawleadw. 11. AnAgnmemt of Miseellmeons Proem, Forfeiture. All Miscellawua Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged. such Miscellanoout Pwooeds shall be 4viled to restoration or repair of the Ptoperty, if the restoration or repair is economically feasible and Lendw'a annuity is clot loosened. During such repair and reatoratiott period. Lender shill have the right to bold such Nsodloneoua Proceeds until Lender has had an opportunity to w4mct such Property to Onere the work has been completed to Leader's satiafaction, pravdded that such inspection shall be nudertalmn proEvOy. lAz der may pay for the repairs and restoration in a single disburstment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requites Wow to be paid on such Mievilomm Proms, Lender shall not be requited to poy Borrawet any interest or ea %wo on such Miscellaneous l'roooeds. If the restoration or repair is not economically feasible or Lender's samwity would be lessened. the Misedlanedrrs Proceeds shall be applied to the stm>s sec uod by this Security h4unment, whether or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, deatru>ction, or loss in value of the Property. the Mdtcellanoous Proceeds shell be applied to the sutra soared by this Souuity Irate m=, whether or riot then due, with the excess, if any, paid to lorrower. 19 the event of A Parris! takdQL deattvction, or loss ip value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or prattler than the amount of the u= nutted by ibis Security Iaatr upettt immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Smu* Instrument shall be reduced by the amount of the Mraceltaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums aec7ired immediately before the partial takh deattttctioa, or loss m slue divided by (b) the fair market value of the Property immediately before the partial taking, destrt>s idea, or loss is value. Any balance shall be paid to Borrower. In the event of a partial takaag, dostrtuxion, or loss in value of lice Property in which the fair madw value of the Prepeaty immediately bttbte the partial taking, desttuctlott, or loss in value is less than the amount of the aurora secured immediately before the partial taking, destruction: or loss in value, unless )3orrower and Leader otbetwise agnle in wrftltug, the Miaoelianeotrs >?toceeds shall be applied to the suns secured by this Security Inshnmeot whether or not the sums are then due. If the property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (ar defined In the next wnww.*) offers to make an &wo rd to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notlee is given, Lender is authorized to collect and apply the Miscellaneous Prgcoeds either to restoration or repair of the Property or to the sums sotzvmd by this Security Instrument. Whether or not then due. "Opposing Party" tnttm the third party that awes Borrower Mleoellaaeous Proceeds or the party against whom Bormwer bas a right of action in regard to h iscalltmooas Proceeds. Borrower aball.be in default If any action or proceeding, whether civil or criminal, is bepua that, in Lender's judgment, could result In finibitum of the Property or other atnitetial impairment of Leuckr's interest in the Property or rights under this Security rnetrument, Porrawa can cure such a defiklt and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 329-10640059 tiWleAS , J?,_ 4ft$AIPAI pr091 a g.10 at 16 891977PO477P Form 3039 1/01 03/0812011 12:48:29 PM CUMBERLAND COUNTY InsL# 200700029 - Page 10 or 17 03-09-'11 16:03 FROM- Mar 9 2011 05:11anl P028/052 T-898 P0028/0052 F-745 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the ftPerty or other Mtm rind ft%)aitm at of Lender's interest in the property or rights under this Security Wtcument. The proceeds of any award or claim for damages that are attributable to the impairment of header's intm* in the Property are hereby assigned had shall be paid to Lender. All Miacettaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Sormwe9r Not Rd w * Forberrsaw By, lender Not a Walver. Fartension of the time for payment or modification of amortization of the sums awed by We Security Instrument granted by Lender to Borrower of any Successor in Interest of Borrower shall not opmmrate to release the liability of Borrower or any Su ors in Interest of Borrower. Fender shall not be required to commence proccodinga against any Suoeescor in Intemst of Boffower or to refuse to extend time for payment .or oth rW= modify amor(mdon of the sums secured by this Security Instrument by xenon of any demand math by the original Borrower or any Successors In hua vat of Borrower. Any forboattwo by Lenten; in cXmising any right or remedy including, without limitation, Lender's acsxptmw of payments from third persons, entities or Successors in ba crest of Borrower or in aeronauts lass than the amount then due, "I not be a waiver or or preclude the exercise of any right or remedy. 13. Joint *ad Several 1[ lA ty; Co-adves; Sucoat m and Antlgtas Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrtment but does not execute the Note (a "coalgner"): (a) is ca-signing this Security Instru rent only to mortgage, grant and convey the co4per's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrmnent, and (c) agrees that Lender and any other Borrower on agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to flu provisions of Section 18, any Successor in Interest of Borrower who anumcs Borrower's obligations under this Security Luttument in writing, and is approved by Lender, shall obtain ail of Borrower's dots and bensdts under this Security In hument. Borrower shall not be, released from Borrower's obligations and liability under tlmis Security Instrument unless Lender agrees to Mich release m writing. The covenants and agreements of tble Soctuity holrwovant shall bind (gctept as provided in Section 20 and benefit the sucoemors and assigns of Ltaader. 14. Lam Charges. C.aoder my charge Borrower tome for aerviete performed in connection with Aorrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Inatnumt, Including, but not limited to, attorneys' fns, property kopoetion and valuation fees. In regard to any other fetid. the absence of exptras authority in this Security Instrume t to duargo a specific for to Borrower shall not be construed as tt psohlbition on the charging of such fee. Lender may not charge fees that are egxmty prohibited by this Security hotctmteat or by Applicable Law. If the Loon is subject to a law which seta maxd®um loan dotges, and that law is finally interpreted so that the interest or other loan dwggcs eollecied or to be colleewd in connection with the Loan exceed the permitted limits, theft: (a) any such loan d?wge shall be rethroed by the amount newnry to reduce the Charge to the permitted limit; and (b) any tonne already collected from Borrower which exceeded permitted limits will be returiM to Borrower,-Lender may choose to melee this refbW by redockg the principal owed under the Note or by malting a direct payment to Borrower. If a rehod nedium principal, tho aduction will be treated as it partial pn poymeat willmst any prepayment charge (whdlu r or not a prepaymot charge is provided for ladder the Mots). Borrower's aoceptaace of nay such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of Smelt overchatge. 15. Nodose. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notlee to Borrower In connection with this Security Instrument shall be deemed to 329-10640059 ft"'PA) (papal op" S+ 9t to form 3039 1101 OK t 977PG4778 0310812011 12:46;29 PM CUMBERLAND COUNTY Intl 200700029 - Page 11 of 17 03-08-'11 16:03 FRO11- Mar 9 2011 05:11am P029/052 T-898 P0029/0052 F-745 have been given to Borrower when mailed by flat clam mail or whett actually delivered to Boaower's notice address if sent by other mew. Notice to any one Borrower Sind constitute notice to all Borrowers wdess Applicable Law expressly xe%th a otherwise. The notice address shall be the Pro pctt?? Address unless Pormwer has desigpaW a aubstim notice address by notice to Le>%&r, Borrower shall promptly notify I,ettder of Bbrrower's diange of add=&. If Lender specifies a protedtlro for rgxwffi g Hormwer's change of address, they Borrower shall only repott a Cba r of address duough that apeeif<red pmcedare. There may be only one designated notice addree; under this Security Ittetrutna t at any one brute. Any notice to Lender shall be given by deliverlgg it or by mailing it by flat class mail to Leader's address stated herein unless Ixnder has designated another address by notice to Borrower. Any notice in connection with this Se cinity hu<t mu= shall not be deemed to havo been given to Lender until actually received by 14*4der. If any ndice toquimit by this Scow* Iri Vament is also required under Applicable I.sw, the Applicable Law requirement will satisfy flue coffeeponding regWrament Under shin Seanity Instrumnt. 16. Govervmg Law, Save mbllity; Rolm of Conetruedon. This Security Ittstrnttrent shall be goverAW by federal law and the law of the jUdsection in which the Property is located. All rights and obligations contained In this Security Inatrainem are subject to any rtg banents and limitations of Applicable Law. Applicable lAw might explicitly or implicitly allow the pardea to sgmm by contract or it might be silent, but saeb silence shell not be construed as a prohibition against egroemmt by contract. In the even tbat may provision or clause of this Security histiv tdtt or the Note cmi lic t with Appplicole Law, such conflict shall not affect other provisions of this Security Insuument or the Now which can be given effect without the conflic w* provision, As used in thin Security Lustrt meat; (a) words of the masculine gender shall mean and ins buds corresponding neuter words or words of the feminine gender; (b) words In the singular shall mean and include the plural and vice versa; W (c) the word "away" gives We disomion without any obligation to take any action. 17. Borrower's Copy. Borrower shalt be given one copy of the Note and of this Security Instrument. 18. Transfer of the PmPesrty or a lE<ale&W Ylehe+eet In Baraawim As uW in this Section 18, "Interest in the Propetty" means any lc$A or beatdicial interest in the Property, including, but not limited to, those beneficial interests tranahned in a bond for dead, contract for deed. instalment sales contract or escrow agreement, the tntnot of which is the transfer of title by Borrower at a futuve date to a ptttrhaser. If all or any part of the Property or any Iuterest in the Property is sold or tranx*xmd (or if Borrower is not a natural parson and a beneficial interest In Borrower is sold or trensferred) without Lender's prior written consent, I.ertder may in= iwmediato portent in full of all sum seeund by this Socurity Iualtwncat. However, this option shalt not be exercised by Lender if such exercise is prohibited by Applicable Law. • If Leader exercises this optiom, fender shall give Bumwer wtice of acceleration. The notice shall provide s period of not lose than 30 days fmm the date the ROOM is given in accordance with Section iS within which Borrower must pity all Hums samled by this Security Inallument. If Bocmwet tbilt to pay these sums prior to the expiration of this period, Lender may invoke my remedies permitted by this Security Instrument Without further notice or demand on Harrower, 19. Bmwiver's Might to Rdlmatate AMkr Aaoeln itbn. •If Borrower meets certain conditions, Borrower shall have the right to have extforeemem of this Security limmment dboondnued st any time prior to the evilest of. (a) five days before We of the Property pursuant to any power of rile contained in this Security Instrument; (b) vWA other period as Applicable Law might apecaty for the termination of Borrower'a right to reinOW, or (c) entry of a judSum cafoming this Security Iasaigment, Those conditions are that Borrower (a) pays Lander all sum whist them would be due uaft this Security Instrumnt and the Note as if no rwoele mdon had occ ru d., (b) cures any default of any other covenants or 329-10640059 Imo: „ '1 -6AWAI ON% nee 12 a is ?r ?-y Form 3039 1101 OKI977PG4779 03106P2011 12:46:29 PM CUMBERLAND COUNTY InsL# 200700029 - Page 12 of 17 03-08-' 11 16:03 FWI- Mar 9 2011 05:11am P030/052 T-898 P0030/0052 F-745 agmements; (e) pay* all expanses incurred to enforcing this Security Instrum m, including. but not limited to, reasonable attorneys' fees, property inspection and valuation fees, turd other fees incurred for the pugxw of protecting Lender's interest in ft property and rights updrr this Security histrumant; and (d) takes 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 sums secutxd by this Security Instrument, shell continue unchanged. Lender may require that Borrower pay such reinstaterneitt suns and expenses in one or more of the foliowiag forms, as selected by lender: (a) cash; (b) money order. (c) certified check, bank check, treasurer's check or casblor's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, iostrummWity or entity; or (d) Blectronie Hands Transfer. Upon remstatemeut by Borrower, this Security Instmment and obligations secured hereby shall remain fully effr#ive as if no accelmdoth had occurred. However, this right to reinstate shall rot apply In the case of acceleration under Section 18. 20. Sale of Note; Chmp of Um Sarvlorvr; Notice of Grim uce. The Dote or a partial Interest in the Note (together with this Security Ineaunietu) can be sold one or morns times without prior notice to Borrower. A sale might remit in a change in the etitlty (known as the "Loan St rvlccr") that collects Periodic Payments due under the Note and this Soaufty Instrument and les odier mortgage loan servicing obligations under the Note, this SetWty Iosttunshat. and Applleable law. There also might be one or more cbanges of the Loan Servicor unrelated to a sale of Ibe Now. If there is a chmp of the Loan Servicer, Borrower will be given written notice of the choose which will state the name ad address of the now Loan Servicer, the address to which payincoft should be made sad avy ather infam union RP.SPA requirm in connection with a notice of transfer of servicing. If the Nate is sold sad fhae dtcr the Loam is serviced by a Loan Servicer other than the purchaser of the Nate, the mortgage loan mnidng obligW uts to Borrower will remain with the Loan Servieer or be tra *kried to a successor Loan Se vioer and are not assumed by the Note purchaser unless otherwise provided by the Note parrltasea. Neither Borrower nor Leader may canmsence, join. or be johied to any judicial action (as either an individual litigant or the member of a class) that arlaes fmm the other party's actions purinimai to this Security Inskunwat or that allgM that the other party has breached any provision of, or any duty owed by rr:hwn of, this Swumy Insuu meat, until such Borrower or Leader has notified the other patty (with such notice given in compliance with the requitrementa of Suction 15) of such alleged breach W aMrded the other party hereto a reasonable period after the giving of such notice to take corrective action, if Applicable Law provides a time period which must elapse before c ortaia atdon can be taken, that time period will be deemed to be reasonable far purposes of this paregrapli. The notice of accokatim and opportunity to pure given to Borrower pursuant to Section 22 and. the notice of noodemtion given to Borrower pursuant to Section 18 "1 be deemed to satisfy the notice and 0owttniity to take corrective action provisions of this Section 20. 211. Hazardous SnWances. As used in this Section 21: (a) "Hazardous Substances' are those substance; defined as toxic or hamrdous eubstviees, polluw*. or wastes by linvizwonow L w and the following substances: gasaliae, kerosene, other Anio able or toxic petroleum products, toxic pesticides and herbicides, volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials; (b) "Bavirorimental Law'' means fedoW laws and laws of the jurisdiction where the Pmpetty is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup" incitides any response action, remedial action, or removal action, as defined in BnvkmmwW Law; and (d) an "Bovit'onmental Condition" mcam a condition that can cause, Contribute to, of otherwise trigger an Environmental Cleamhp. 320-10640059 rarse.e ,?,? -4AUPai cower raw hs of to ^ Fv= 3039 1101 BK 1977PG4780 0310312011 12:46:29 PM CUMBERLAND COUNTY Intl 200700029 - Page 13 of 17 03-08-'11 16:03 FROM- Mar 9 2011 05:11am P031/052 T-898 P0031/0052 F-745 Harrower shall not cause or permit the pcsence, use, disposal, sw age, of release of any Hazardous Substances, or threaten to release any hazardous Substances. on or in do mvperty. Borrower shall trot do, nor allow anyone else to do, anything aff the Pro" (a) that is in vialwon of any Eaviromt mul Law, (b) which creates an Havirown W Co don, or (c) whirl, due to the ple+moe, use, of release of a Hazardous Substance, creates a oondidon that adversely affetxa the value of the Pic . 7110 pre3eeding two sentences ahall not apply to the pp , wa. Or storage on tiro qty osmall. quantities of to be appropriate to normal reskimtlel vm and to i.ardous &-bstances that arts generally =m maintenance of the l'xti" (incllu ling. bb?uued to. hazstdoue n fletanoea in oonsumsr products). Borrower shall promptly give Leader written notice of (a) any inveatiptdon, etalm. deamd, lawsuit or Other action by any govTxg ental or ragtrlsaory agen0 or v arty mvolvlpg the Property and any Hazardous Substance or EnvitnmmmW Law 0i Borrower has scuml imwiefte. (b) any Rtwironntental Condition, including but trot lhalied to, any spilling. leaking, dischmp, repo or tlwe of release ,of stay Hazardous Substsme, and (c) any c ondillm caa and by the presem, use or release of a Hazardous Substance which adversely affects the value of the Property. H Borrower learns. or Is notified by any overnmental or regulatory authority, or any private party, that any n?ovae or otter mr AAmion of stay Hazardous Substance affecd% flee property is , Borrows' d Ill pt y take all noeossary remedial actions in w=dmm widt BnvirontpetW Law. herein si>sIl Greet any Obligation on Lender for an Environmental Cleanup. NON-UNWORM COVENANTS. Borrower and Leader turthcr covenant and agree as follows: 22. AcadawNOn; Ramedies. LtaWw slain Ske rotor to Normwer prior to acederatian foilowing Nonmewe is breach of any eovestaW or tgressast In *k Smeasityy bmhvonea (but not pier to accelle"Itim Bomwer of .reuo?eesr?g otBeLi]b<is ashms el: (a tech, tt?' (b) to tireWa?ctleta dtGa.4 (e) w rapired to am dw to ma( L1 mm the ddkw Pa ; by? my randt in amdandon te s ascsW by Ob Smeft7 and sale at the ltMopsaly. I.ardas e6r11 Elie tliatr Moita ?ataovrgr ? star acceleration and the to am"t IN the forbdortttteps+eoestil? the of a dd6* ar any otbeer Messy el imme to aaxkmdon ad Aws i"mmm ([[ tbs Mmk is not cased as epae!11 , Linder at its option may rbgrdre immt+i ppaayment in ful> of all saws seats+sd by tibia Seem* Ld4ament without t{ r dmrvnd apt may bradaato tlsis y IaMra11Went by JtsdleW psWWft1d. hammer shoo be 04*1ed to 60e4 All ea}easee isnatz+ed in doll au+llies p+aslied is this Saodon 22, Indading en , butwPM timhed to, satotrregs' tees and Coatis of Olk evidence to the todW pawed by 23. Releare. Upon paytuent of all sums semW by this Security ItAtronum, this Security Instrumtytt and the estate conveyed shall terminate and booom void. AM m mh omArtesaee, Leader shall disChatge and Washy this Secuft Instrumeat. Bottnwer shall pray try ttetondation cocas, I.erslrr tray charge borrower a he for tdesaing this Security lnatrument. l7trt only if the lee is paid to a third party far services rendered end the charging of the fee is pendoed under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applic" Law, waives std releases my error or defects in proceedings to enforce this Stxarrity losttunW. and hereby waives the bemOt of any present or fudrre laws pmvidh* for stay of execution, extension of time, exempdm fsom stmehment, levy and sale, and hmneva d excawdon. 25. Rd nt Ptrind. Borrower's time to rlei ntato Provided in Section 19 slWl extend to one hour prior to the, commemmnent of bidding at a ahtrifrs sale or Other sate; punuea to this Security Inattlnnent. 26. INrehase Money NorgW. If any of the debt second by this 3eaaity hmuument is loot to Borrower to acquire title to the Property, this Security Inetntmat shall be a ptrrcbm money mortpp. 27. Ynttrad Rate After Julgaasot. borrower qxm that the intact rate payable stet a tt V=u is entetbd on the Note or in an action of mortgage fonmlosure shall be the rate payable from these to tithe ender the Note. 329-10640059 -sA1Pah 05081 r" +s td 1e SK ! 977PG478 I Form 3039 Val 0310812011 12:46:29 PM CUMBERLAND COUNTY InsL# 200700029 - Page 14 of 17 03-08-'11 16:04 FROM- Mar 9 2011 05:11arn P032/052 T-898 P0032/0052 F-745 BY SI(`iN(NCr BEWW, Momwer accepts and grcea to the tens and covenants cOnWned in this Security Inatnmmt and in any Rider executed by Borrower and recorded with it. Witnesses: - - (sue) mcam C. DXXHL Harrower 329-10640059 t%-BAIPA) roses) A (seat) QO1tE E. DIM M -Borrower P.o.rearre DK r 977PC4 782 0310812011 12:48:29 PM CUMBERLAND COUNTY (Seat) -Borrower - (Sed) -amrower - (Seal) -sorrovrcr (seal) -Borrower (Seat) -Sonower -- (W -aornpwpr Fwm 3039 w0i Inst,# 200700028 - Page 15 of 17 03-08-'11 16:04 FROM- COMMONWEALTH OF PENNSYLVANIA;, qMgMgVLM Mar 9 2011 05:11am P033/052 T-898 F0033/0052 F-745 County sst On this, the 22nd day Of 060mber, 2006 , before me, the undersigned officer, personally apPmal MICH"L C. DIEHL And BROOKE E. DISH[., Husband and Wife satisfactorily proven) to be the s W ]mown to at (or Pe>?p() ttarne(E) is/am subscribed to the within inatruata;gt and acknowledged OW he/shelthey executed the same for the purposes hereto contalned. IN WITNESS WHERBOF, I hereunto an my hand and ofalal seal, My Commission )9xpires: NOTARIAL SEAL. KANDI L LENKER, NOTARY PUBLIC CARLMLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 10, 2008 Tide of Offrer Certificate of Reddence I' Sazam e C. HixerAsmfi, 9sq' , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, }?lint, M148501 2026. Witness Illy hand thW 22nd 329-10640059 It-$AIPA1 Moa) 991977PG4783 day of Dawmber, 2006 ' Agent Drag ec warms Poole of 10 03106!2011 12;46:29 PM CUMBERLAND COUNTY FOft 3U39 1/01 1119t.# 200700029 - Page 16 of 17 03-08-'11 16:04 FPM- Mar 9 2011 05:11am P034/052 T-898 P0034/0052 F-745 Exhibit A ALL that certain tract or lot of land lying and being situate is South Middleton Township, Cumberland County, Pennsylvania which are bounded and des+etibed as follows: LOT 3: Deginning at the corner of lots 4 tad 3, thence along lot 4, N 74 degrees 22 minutes 38 seconds E for a distance of 245.55' to a point, said point being the corner of lots 4 and 3; thence along lot 11 of plan Book 79 Page 116, 8 04 degrees 50 minutes 09 secosuds E for a distance of 130.54'to a point, said point befog the corner of lots 3 and 2; thence along lot 2, 8 85 degrees 52 minutes 31 seconds W for a distance of 234.03' to a point at the eastern side of a 50' wide right of way known as Netherby lane and also being the corner of lots 3 and 2; thence along the eastern side of said 50' right of way, a curve to the left having a radius of 409.251, an are length of 82.131, a chord bearing of N 09 degrees 52 minutes 26 wMads W. and a chord length of W.99' to a point, sold point bang the place of beginning. BEING Lot 3 of the Proposed Plan of Lots for Phase One, the Plan of Netherby prepared for Donald E. Diehl, at al by DawoW Engineering, Inc. dated April 24, 2003, and recorded in Recorder of Deeds, Cumberland Cogmty, in Plan Book 87, Page 105, I Ccrtify this to be recorded In Cumberland County PA .`NY r :Y 40 Jtecorder of Deeds *1977PG4 784 03108/2011 12 48:29 PM CUMBEkLAND COUNTY InSt.# 200700029 • Page 17 of 17 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff LPP Mortgage LTD, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. NO.: 11-3299 Civil C W _ ° C? --' Michael C. Diehl f1 ; AFFIDAVIT PURSUANT Tf?? coo) --0 ? -urn Pa.R.C.P.3129.2 -<3' rn C° and r-X -0 o -n Brooke E. Diehl, z: rv Defendants. I, Patrick J. Wesner, Esquire, say: 1. On June 17, 2011 and June 30, 2011, respectively, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendants, Brooke E. Diehl and Michael C. Diehl, by the Sheriff's Office of Cumberland County. A copy of the Sheriff's return is attached hereto and made a part hereof as Exhibit "A". 2. On June 29, 2011, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsificatief to authorities. Patric-k Y.-*5 Attorney ID Milstead and Dated: September 2, 2011 Esquire ?03145 E)ciates, LLC {00628246; Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?dtttttF of ?u+uGrr?414 {F OFFICE OF THE SHERIFF LPP Mortgage Ltd. vs. Case Number Michael Diehl (et al.) 2011-3299 - ---- --- - SHERIFF'S-RET`URWOF-BERM-C - -- --- -- 06/17/2011 07:38 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 26 Netherby Lane, Carlisle, PA 17015, Cumberland County. 06/17/2011 08:10 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Brooke E. Diehl at 500 Noble Boulevard, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/30/2011 08:49 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing- a true.copy to a person-representing themselves to be the Defendant, to wit: Michael Diehl at 261 S RIDGE ST, BOILING SPRINGS, PA 17007, Cumberland County. SHERIFF COST: $888.94 July 01, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) Cam1y5u1te Sheriff, Teleosoft, Inc, I I I I I I 1 t t L a LL C LL 'a LL F Q U D Z LY W O z w U) I LL O LU W LY O Z ¢ W 'Z m .E E ° d LL N ° m N t? U L N m 0 l E E t0 C t- L?_ ? ? mom c rn O ? c U N N LY C C C m m {4 C L V e m .r -O O U C O? C ' D E CL J C? Nmm ?P L !L- V m Lq LL . ?U? ?i O y co O t6 t0 Q t O d m L7m O't .00 a) c CEa ` o uiLL ? E o: m r y O 3 Q X 0 ' o E E a y c . 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