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HomeMy WebLinkAbout11-7347 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. JOEL E. STONER Defendant. TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENTMAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3815 South West Temple P.O. Box 65250. Salt Lake City. UT84115-4412 AND THE DEFENDANT: 331 South Enola Drive Enola. PA17025 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 331 South Enola Drive. EnolaPA17025 Munici ality: East Pennsboro ( ) P I I ?-'A ATTORNEY F IAIPLAINTIFF ATTY FILE NO.: FCP157228 CIVIL DIVISION ?-, NO.: TYPE OF PLEADING c>j _7; CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSUlld-,_' FILED ON BEHALF OF: PNC Bank, National Association COUNSEL OF RECORD FOR THISPARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: FCP-157228/swo G elo+ ?2'%k aIDsk??a Zucker, Goldberg & Ackerman, LLC FCP-157228 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC FCP-157228 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO.: V5. Joel E. Stoner Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249.3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-157228 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO.: vs. Joel E. Stoner Defendant. AVISO LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) diasdespues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Listed puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A LINO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-157228 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, : CIVIL DIVISION Plaintiff, : NO.: vs. JOEL E. STONER Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes PNC Bank, National Association, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC Bank, National Association, (hereinafter "plaintiff") through its servicing agent Select Portfolio Servicinglocated at 3815 South West Temple P.O. Box 65250, Salt Lake City, UT84115-4412. 2. The Defendant, Joel E. Stoner, is an individual whose last known address is 331 South Enola Drive, Enola, PA17025. 3. On or about February 13, 2001, Joel E. Stoner executed a Note in favor of First Franklin Financial Corporation in the original principal amount of $65,650.00. 4. On or about February 13, 2001, as security for payment of the aforesaid Note, Joel E. Stoner made, executed and delivered to First Franklin Financial Corporation a Mortgage in the original principal amount of $65,650.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on February 22, 2001, in Mortgage Book Volume 1672, Page 813. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The Plaintiff is presently the legal owner of the mortgage which has been assigned to Plaintiff or the assignment is in the process of formalization and to be recorded. The mortgage and assignments, if any, are matters of public record and are incorporated herein by reference in accordance with Pa. R.C.P. 1019(g). Zucker, Goldberg & Ackerman, LLC FCP-157228 6. Joel E. Stoner is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On June 22, 2011, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $60,037.61 Interest through 08/13/2011 $1,880.90 Attorneys' Fees $1,250.00 Title Search $325.00 Complaint Filing Fee $ 92.00 Sheriff's Service Fee $ 100.00 Late Charges $ 279.24 Suspense Balance (412.31) Escrow $ 394.71 Other Fees Due $ 0.07 Recoverable Balance $ 102.85 Total-Fees $ 0.09 Total $64,050.16 plus interest on the principal sum ($60,037.61) at the rate of $ 11.40 per diem and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and additionaIPlaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 10.This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $64,050.16., with interest thereon at the rate of $ 11.40 per diem plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FCP-157228 ZUCKER, GOLDBERG & ACKERMAN, LLC BY: (AtIv Dated: September` '2011 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 /Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Attorneys for Plaintiff FCP-157228/swo 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC FCP-157228 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-157228 S?`' ?VV?U tom!/ J 1-7+ ? ^r? _ - ._„? =rr1 ;7 r! 7 P:1 S i3ZZ11?ti as 'DI ; EB 22 Fit 2 51 Prepared By: Return To: FIRST FRAWLIN FINANCIAL CORP.. OBA FIRSTSTREET-M%7 FRAWLIN FINANCIAL CORPORATION 2300 MAIN STREET. SECTION B 2150 NORTH FIRST STREET, #600 IRVINE, CA 92614 SAN JOSE, CA 95131 i -20-J1 Parcel Number. 09-16-1050-009 'ice A.cove TN& U-- For Rtuardng Data] MORTGAGE Loan Numocs 407581 DFYR,T TONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21_ Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Inshummt" means this document, which is dared FEBRUARY 13, 2601 together with all Riders to this document. (B) "Borrower" is JOEL E. STONER Borrower is the mortgagor under this Security Instrument (C)"Leader"is FIRST FRANKLIN FINANCIAL CORPORATION Leader is a PENNSYLVANIA - Sing le Family - F". Mae/Fred6e Mae t1NIFORM INSTRUMENT Form 3039 1/01 (0:6EPAlrooDar i l n Paps 1 0< s i VMP MDR[GAGE Form$ - M00621-7291 DDSPA2 organized and existing under the laws of DELAWARE Lender's address is 2150 NORTH FIRST STREET, #600 SAN JOSE, CA 95131 Lender is the mortgagee under this Security instrument. (D) "Note'' means the promissm note signed by Borrower and dated FEBRUARY 13, 2001 The Note states that Borrower owes Lender Dollars Sixty-Five Thousand Six Hundred Fifty & 00/100 (u.s. s 65,650. 00 ) plus interest. Borrower has promised w pay this debt in regular periodic payments and to pay the debt in full not 1= than March 01, 2031 - (E) "property" means the property that is described below under the beading "Transfer of Bights is the may'. and late charges (F') "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Bidets" means all Riders to this Security lnsmrment that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider HCondo-in" hider Second Home Rider ? Balloon Rider ]rimed Unit Development Rider R 1 4 Fatoily Rider ? VA Rider E:] Biweekly Payment Rider ® Other(s) [specify] Prepayment Rider 0W "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the of eCt of law) as well as all applicable final, non appealable judicial opinions. (1) "Commtmity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the property by a condominium association, homeowners association or similar organization. (n "pectronic Flnxls ')ruadfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrriment, which is initiated through an clectrOme terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-Of--sale transfers, automated teller machine transacaions, transfers initiated by telepuase, w°.re aatcsfes, aad automa.d 4 se transfers- (K "Escrow Items" means those ittaims that are described im Section 3. (L) "NUs M=e0,, proceeds" means any compensation, settlement, award of damages. or proceeds paid by any third party (other than insnrance proceeds paid under the coverages described in Saxiou 5) for. (i) damage to, or destruction of, the property; Cu) condemnation or other talrmg of all or any part of the property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (bO "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) arty amounts tinder Section 3 of this Seein'ity Instrument. ..; Vl Pape 2 W 16 - Fwm 3039 1/01 -sanr?i wooai DDS-PA2 aoat(1672 ea( A4 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to fime, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in reggard to a "federally related mortgage loan' even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (F) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Now and/or this Security Inst mn=. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (t) the repayment of the Loan, and all renewals, wacusions and modifications of the Note; and (ti) the performamcc of Borrower's covenants and ap-ts under this Security Instrument and the Notc. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following descrlbcd property located in the COUNTY t't)w of ftwornt J=bdM al of CUMBERLAND [Name or Rm-di g ru6wLicoonl: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 09.16-1050.009 331 SOUTH ENOLA DRIVE IS-1 ENOLA [CSryl, Pennsylvania 17025 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenanees, and fixtures now or hereafter a part of the property. All replacements and additions shall also be coveted by this Security Instrument. All of the foregoing is refereed to in this Security Instrument as the 'Property.' o:nis kayo 3 "r 16 Form 3039 1/01 ?6aPA) totg6l - ?? ooS.vA 600K mod Am BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Esauw Items, Prepayment Changes, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due tender the Note and this Swurity Instrument shall be made in U.S. currency. However, if any chock or other instrument received by Lender as payment under the Note or this Security Instrument a returned to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms, as selected by Lender: (a) cash. (b) money order, (c) certified check, bank check, treasurer's check or cashier's dreck, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. payments are deemed received by Leader when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the nonce provisions in Section 15. Lender may rerun any payment or partial payment if the payment or pamal lets are insufficient to bring the Loan current. Lender may accept any Payment or partial payment i0suf6ciew to bring the Loan current, without waive of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on uoapplied funds. Lender may bold such =applied funds until Borrower makes payment to bring the Loan scrim. if Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier. such fiends will be applied to the outstanding principal balance under the Note immediately prior to foreclosure- No offset or claim which Borrower might have now or in the future against Lender shall relieve Bonovver from making payments due under the Note and this Security Instrument or performing the Coven nts and agreetnems secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied m the following order of priority: (a) interest due under the Note, (b) principal due under the Nate: (c) amounts due tinder Section 3. Such payments ? amounts shall be applied to each Periodic Payment in the order in which it became due. Any rnrnsini-.no shall be applied first to I= charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a Sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic payment is omstmAiog, Leader may apply any payer received from Borrower to the repayment of the periodic Payments if, and to the extent that, each payment can be across (WPA) towsi r.e.4 a s6 Form 3039 rfot DDS-M2 gadIMPAK- .SIG paid in full. To the extent that my excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance pmctods, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which cam attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all iasaraace required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leader in lien of the payment of Mortgage insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items." At origination or at any time during the term of the loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Samoa. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrowers obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waive. Borrower shall pay directly, when and where payable, the amounts duce for any Escrow Items for which payment of Funds has been waived by Lender and, if Leader requires, shall furnish to Leader receipts evidencing such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Funds. and in such amounts, that we then required under this Section 3. Lender may, at any tuce, collect and hold Funds in an amount (a) sufficient to permit Lander to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lead.-r shall esamam the amamt of Faa33 d:.. on the bes s of «>_^_ent data and reasonable estimates of expand== of future Escrow Items or otherwise to accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Leader shall apply the Funds to pay the Escrow hems no lacer than the time specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually analyrimg the escrow account, or verifying the Es=w Items, =less lender pays Borrower imterest on the Funds and Applicable Law penats lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Linder can agree in writing. however, that interest (W-6(PA) tonne) P." sale Form 3038 1101 005•PA2 00011672 PAm $17 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, leader shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 momlwy p.-yments. Upon payment in full of all sums secured by this Security Instrument, leader shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground mats on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shalI promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees is writing to the payment of the obligation secured by the lien in a manna able to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to lender subordinating the lien to this Security Instrument. If Leader determines that any part of the Property is subject to a lien which can attain priority over this Security basirt ment 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-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance. This insurance shall be maintained in the amounts (Including deductible levels) and for the periods that Lender requires. What Lender requires p-,.tsuant to the preceding s. touts cry change daring the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be w=ised unreasonably. Leader may require Borrower to pay, in oonnection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood tome determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. i!J -6(P/U N008! Csps 6 M 16 Form 3039 1101 D064'A2 $11011, r2MM SJS If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amotmts shall bear interest at the Note rate from Tire date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lander all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall time Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Leader's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly- Lender may disburse proceeds for the repairs and restoration is a single payment or in a series of progress payments as the work is completed. Unless an agreement is made m writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2_ if Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from L.eadcr that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property tinder Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any rdand of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. aaaa?? OVPA) woos) Pape 7 of 16 Form 3039 1101 DDG- ^2 aei3??67???? •g?` 6. occupancy_ Borrower shall occupy, establish, and use the Property W Borrower's principal residence within 60 days after the =ccudon of this Security Instrument and shall Continue to OCCUPY the property as Borrower's principal residence for err least one year after the date of Ocmpancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating cirarmstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its cor di on. Unless it is determined pursuant to Section 5 that repair or restoration is not economically &Mble, Borrower shall prnniptly repair the property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connexion with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable em- upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Leader sball give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information Or statements to lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations ooncesmug Botrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrumes. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding tbat might significantly affect Lender's interest in the property and/or rights Under this Security Instrument (such as a proceeding in b-hvPtcY, probate, for condemnation or forfeit=, for enforcement of a lien which may attain priority over this security instrument or to enforce laws or regulations), or (c) Borrower has abandoned the P. perry, then LCnde: mq do T,,.,.1" pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the property. Leader's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its wetted position in a bankmptcy proceeding- Securing the Property 1WJUdeS, but is not limited to, entering the property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Leader may take action under this section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. (c` ®"(PA) iom) r+w e d , s Form 3039 1/01 DD&PA2 kl?oxl?? 8?i Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance- If Lender required Mortgage Insurance as a condition of snaking the Loan, Borrower shall pay the premiums required to mai-in the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by I -der ceases to be avalabie ft= the mortgage bm= that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously m effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance previously in effect, from an alternate mortgage isssurer selected by lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall contimre to pay m Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will acecpt, use and retain these payments as a non-refundable loss reserve in liar of Mortgage hunrance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and sender stall not be required to pay Borrower any interest or earnings on such loss reserve. I -A can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premium required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until lender's requiretaent for Mortgage Insurance ends m accordance with any written agreement between Borrower and Lender providing for such temmadon or until teaminarion is required by Applicable Law. Nothing is this Section 10 affects Borrower's obligation to pay interest at the sate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may mcur 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 such insurance m forte from time to time, and may enter into agreements with other pasties that share or modify dear risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fiords that the mortgage insurer may have avauable (which may mclude funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reiawrer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts Lila derive from (or right be dmmoterixed as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Leader takes a share of the insurer's risk in eadnange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Fmtbw. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Iatoranee, or any other terms of the Loam Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. .JL (s 69PA) WWI r"u" 9 a is _..::::...". ._ - Form 3039 1101 DDSPA2 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These fights may imdode the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lander. of If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair the Property, if the restoration or repair is ecommically feasible and Lender's security is nor lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect inch Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender miry pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Misodlamoous Proceeds, Linder shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the miscellaneous Proceeds shall be applied to the stems secured by deli Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fait ttrarket value of the Property immediately before the partial taking, destruction, or loss is value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial raking, destntction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, desttttc[ion or doss in value. Amy balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss ka value of the Property in which the fair market value of the Property immediately before the partial talolhg, destntctioa, or loss in value is less than the atmumt of the stems secured immediately before the partial taking, destruction or loss in value, unless Borrower and I under otherwise a?ee in writing. the Miscellaneous Pmcads shall be applied to the sums second by this s«?trity Instrtcttsent wiueher or not the scans are than ire. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as deficed in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous proceeds either to restoration or repair of the Property or to the sums secured by this Security Inmitment, whether or not them due. "Opposing Patty" meads the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Leader's judgment, could result in forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be Ppe to or 18 ... Form 3039 1101 -6(PA1 roooai DOS.PA2 aoak16 r2 mdt 4822- dismissed with a ruling that, in Leader's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Leader's interest in the property are hereby assigned and shall be paid to Lender. An Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12- Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instru eat granted by Linder to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to common proceedings against any Successor in haerest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums segued by this Security histr inumt by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbc&rw= by Lender in exercising any right or remedy including wither limitation, Lender's acceptance of payments from third persons, entities or Success= in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of M right or remedy- and s Bomrd Borrower covenants 13. Joint and Several Liability; Co-signers; Successors and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer"); (a) is co-signing this Security Instrument only to mortgage, giant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums segued by dhis Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Seciaity Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations trader this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and asslgas of Leader. 14. Loan Charges. Leader may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Insuvmeut, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security lastrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrumenit or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Insw ument mast be in writing. Any notice to Borrower in connection with this Security yI?ns(ttrument shall be deemed to rriba (MV PA) poom 11 err, is Form 3039 1101 DDS•PA2 Boon,6I2p4m.4Z3 have been given to Borrower when mailed by fits[ class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers >mless 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 notify Leader of Borrower's change of address. If Lender specifies a procedure for repotting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Leader has designated atitxher address by =cc to Borrower. Any notice in connection with this Security Inst;tmtimt shall not be deemed to have ben given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Insu m m. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal Lrw athA the law of the jurisdiction in which the Property is located. All rights and ons of 7y and limitati obligations contained in this Seturiry Instrument are Lh ApplLaAle Law explicitly or inhw the agree by camract or u migt bG silent, buconttrued iOII by contract. In the that arty pvisir of this or the Note conflicts with Applicable Instrument or the Note which can be Law, such conflict shall not affect other provisions of this Security even effect without the conflicting provision. As used in this Security Instntnheat: (aj words of the marce gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words is the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security histru ent. 18. Transfer of the Property or a Beneficial laterest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law_ If Lender exercises this option, Lender shrli give Borrower notice of accderadon. The antic shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this SechnM instrument without further notice or demand on Borrower. 14. Borrower's Right to Reinstate After Acedeaation. If Borrower meets certain conditions, Borrower shall have the right to have enfotumeat of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to neirme; or (c) entry of a judgment enforcing this Security Insrmunt. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or ,"&a,IJS . ® 6tPAt ioooe) Page t3 of 16 Form 3039 7/01 oos.PA2 Bood672 rmx,Q24 --- ---------- agreements; (c) pays all expenses incurred in enforcing this Security lnstrur e!nt, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting fender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Linder may regrtire that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender (a) cash, (b) money order: (c) eatified check, bank check, treasurer's check or cashier's cheek, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Insm-t and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note-, Change or Loan Servicer, Notice of Grievance. The Note or a partial interest in the Noce (together with this seemity Instrunica) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due wider the Note and this Security Instrument and performs ether mortgage loan servicing obligations under the Note, this Security Instrument. and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information 12ESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan i5 serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan servicer or be transferred to a successor Loan Servieer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may Comm-. join, or be joined to any judicial action (as either an iodividual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provL m of, or any duty owed by reason of, this Security Insm>mem, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section M of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice 10 take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph- The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous SabA&uce . As used in this Section 21: (a) "Hazardous Wntances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enva'enmenffi Taw and the following sabatanaa: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law- means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cle-up' includes airy response action, remedial action, or removal action, as defined in Environmental law; and (d) an 'Environmental Condition' means a condition that can close, contribute to, or otherwise trigger an Environmental Cleanup. (s-S(PA) 400M Oapa 13 aF is Form 3033 1/01 0 005-PA2 BoaxM'i2w.825 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property- The preceding . two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products)- Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any gavert®eatal or regulatory authority, or any private party, that any removal or other rcmediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration; Remedies. Linda shall give notice to Borrower prior to acedAe.t?.a?iion following Borrower's breach of any covenant or agreement hi this Security Insh-®e t (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things. (a) the default; (b) the action required to cure the default; (c) when the default most. be cured; and (d) that failure to emE the default as specified may result in acceleration of the sums secured by this Security Iaslrumeo4 fore.c?l,o,ms.w,e by judicial proceeding and We of the Property. Lender shall further inform Borrower of the jA to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cored as specified, ;i?e.d,, Lender at its option may require immediate payment in full of all sums sued by this Security Instrument without further demand and may foreclose this Security Instrnmcnt by judicial proceeding. Lender shall be entitled to collect all expenses incurred in. parstarg the remedies provided in this Section 22, including, but not limited to, attorneys' fees and casts of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Leader shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but on :y rf the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgages If any of the debt secured by this Security Instrument is leaf to Borrower to acquire title to the Property, this Security btstrument shall be a purchase money mortgage. 27. Interest Rate After judgmen L Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. QV Loom rsye+aofis Form 3039 1/01 m DDS?A2 aon16?2 reef .B26 BY SIGNING BELOW, Borrower acxepts and agrees to the terms and oovemants contained in this Security Instrument and in any Rider exe=od by Borrower and recorded with it. Witnesses: z QVIPA) mom oMPA2 _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower / A- (Seal) STONER Borrower 331 SOUTH ENOLA DRIVE ENOLA. PA 17025 PsT 15 d 16 Boovi672m% 82'7 _ (Seal) -Borrower -(W) -Bonvwcr _ (Seal) -Borrower _ (Seal) -Borrower Form 3039 1101 C,w i of Residence I, e_jc,r L- erg , do hereby certify that the correct address of the within-named Mortgagee is Witness my hand tbis f 3 day of v CLAY p'od l Agem of Mortgagee .. COMMONWEALTH OF PENNSnVAMA, n? c r tcs n d Coucdy ss: On this, the t 3?? day of T' .b r,, o . a?0 before me, the undersigned officer, perumaIly appeared e_? E- `J-?oru?,( ]mown to me (or satisfactortly proven) to be the person(s) whose name(s) Q. subscribed to the within instrument and aclmowledged tha(i shelthey executed the same for the purposes herein contained. IN WrfMS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ?x .., et (W PA) =w) DDSPA2 '15LLc of Officer Jen br (imp tfi7 B mbeAend ) ^ , NOWN Seat W Cammtssio cptres Sept ,tWw Mr S. Kuhns, NO" AC Manner 1a *., '.? 16?kes SeptSept 11, ZOD4 hlBnne .PaM9M?'?°OdNatBgas tunas: .. P..? l6 d 7 6 Form 3039 1101 imod8-72w .828 y Exhibit "A" ALL THAT CERTAIN lot or piece of land situate on the West side of State Road, Pehnsyk- (now known as Enola ocive), east Pennsboco Township, Cumberland county. v3nia, bounded and described as follows. to wit: BEGINNING at a point twenty-five (25) feet southerly from the Southwest cornet of State Road and Cuatecland Street; THENCE Southwacdly along the West side of State Road twenty-five (25) feet, more or less, to a point, the Northern line of lot now or formerly, of :!acry eoctenbaugh, being cot No. 29: THENCE along the Northern line of said Lot No. 29, Westwardly one hundred fifty-five (155) feet, more or less, to a public alley; THEME along the Eastern line of said public atLey, Nocthvaedly twenty-five :(25) feet, more or less, to a point, the dividing line between Lots Nos. 30 and 31: THE7= Eastvacdly along the Southern line of Lot No. 31 and through the center of this and the adjoining property one hundred and forty (140) feet, imoce or less, to the Eastarn side of State Rcad, the place of BEGINNING. BEING the Southern half of !at No. 30 on elan of Lots of Jahn Q. Adams and Joseph ame and SETNG kno,-% as 331 So. :11013 Drive. BOUII????fb?? ?? VERIFICATION (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: Select Portfolio Ser_vici c. Name: Title: QRLIAI UMTW, DOC. CONTROL OFFICER File No: 157228 Borrower Name: Joel E. Stoner Zucker, Goldberg & Ackerman, LLC FCP-157228 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association vs. Joel E. Stoner; Plaintiff, Defendant(s). CIVIL DIVISION NO.: 11-7347 PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: ,,J ._ri -3: r-r) CE Please mark the case filed at the above-captioned term and number SETTLED and DISCONTINUED, without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC BY: Scott A. Die terick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff FCP-157228/ka 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX ?x cx? F7 a