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HomeMy WebLinkAbout11-78121I C MATTLEMAN, WEINROTH & MILLER, P.C. BY: MARTIN S. WEISBERG, ESQUIRE ATTORNEY I.D. NO. 51520 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 (856) 429-5507 ATTORNEY FOR PLAINTIFF Our File No.: 902.81054 Bayview Loan Servicing, LLC 4425 Ponce de Leon Blvd. Coral Gables, FL 33146 PLAINTIFF VS. Edna M. Bertolette; Jack E. Bertolette 1603 Carlisle Road Lower Allen (Camp Hill), PA 17011-7506 DEFENDANT(S) r"!I C' P1- ri 1-7 E 1 b {._ i t i??? Y TT '14 r.!? iJ ER,LAVD CC11NT`i' r ?.? r „! , r;S Y. L,i1', N N i r ?, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DOCKET NO. I I -1 v ?G1 N 0 COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE 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 compliant 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 compliant or for any other claim or relief requested by the Plaintiff. You my 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 (717)-249-3166 ??ga.oo ?d a? a-u aes4sy N AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notiticacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demadadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted crumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE AHOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 (717)-249-3166 N MATTLEMAN, WEINROTH & MILLER, P.C. BY: MARTIN S. WEISBERG, ESQUIRE ATTORNEY I.D. NO. 51520 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL, NJ 08034 (856) 429-5507 ATTORNEY FOR PLAINTIFF Our File No.: 902.81054 Bayview Loan Servicing, LLC 4425 Ponce de Leon Blvd. Coral Gables, FL 33146 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PLAINTIFF vs. Edna M. Bertolette Jack E. Bertolette 1603 Carlisle Road Lower Allen (Camp Hill), PA 17011-7506 DEFENDANT(S) DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is Bayview Loan Servicing, LLC authorized to do business in the Commonwealth of Pennsylvania with its principal place of business located at 4425 Ponce de Leon Blvd., Coral Gables, FL 33146. The name and last known address of the Defendant(s) is/are: Edna M. Bertolette and Jack E. Bertolette, 1601 Carlisle Road, Lower Allen (Camp Hill), PA 17011-7506. The interest of each individual Defendant(s) is as mortgagor, and/or real owner of the real property subject to the mortgage described below, or both. 4. On or about June 20, 2005, in consideration of their indebtedness to Equity One Inc. dba Popular Financial Services, Edna M. Bertolette and Jack E. Bertolette made, executed and delivered to Equity One Inc. dba Popular Financial Services an Adjustable Rate Promissory Note in the original principal amount of $152,750.00. Said Promissory Note has been endorsed by an Allonge to Note and is in the possession of the Plaintiff. A true and correct copy of said Note with the Allonge is attached hereto as Exhibit "A" and incorporated herein by reference. On or about June 20, 2005 Edna M. Bertolette and Jack E. Bertolette made, executed and delivered a Mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as a nominee for Equity One Inc. dba Popular Financial Services securing the said Note to the amount of $152,750.00 plus interest and other changes described therein. The subject Mortgage is recorded as follows: subject Mortgage is recorded as follows: Office of the Recorder of Deeds in and for Cumberland Countv DATE OF MORTGAGE: June 20, 2005 DATE RECORDED: June 22, 2005 BOOK: 1911 PAGE: 3569 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "B" and incorporated herein by reference. Plaintiff is the legal holder of the Mortgage by virtue of the following assignments, which are a matter of public record and incorporated herein as provided by Pa. R.C.P. 1019(g): ASSIGNOR: Mortgage Electronic Registration Systems, Inc. as a nominee for Equity One Inc. dba Popular Financial Services ASSIGNEE: Bayview Loan Servicing, LLC DATE OF ASSIGNMENT: August 24, 2011 RECORDING DATE: September 8, 2011 INSTRUMENT NO. 201124996 7. The Mortgage is secured by property located at 1603 Carlisle Road, Lower Allen (Camp Hill), PA 17011-7506, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. To further induce Equity One Inc. dba Popular Financial Services to make the Loan, Edna M. Bertolette; Jack E. Bertolette executed and delivered to Mortgage Electronic Registration Systems, Inc. as a nominee for Equity One Inc. dba Popular Financial Services a certain Assignment of 10 11 12. Rents Rider which is recorded with the mortgage. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Note and Mortgage, due May 1, 2011 and monthly thereafter have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. The Loan Documents further provide that in the event of a default, at the Lender's option, all indebtedness, including but not limited to principal, interest, default interest, prepayment consideration, and advances will become immediately due and payable. The Note further provides that in the event any monthly installment is not paid prior to the fifteenth (15`") day after the applicable payment date, a five percent (5%) late fee may be added to the unpaid sum. The following amounts are due on the Mortgage: Principal Balance: $146,377.27 9.5500% interest from April 1, 2011 $6,950.57 through September 30, 2011 at $38.83 Late Charges $258.76 Escrow - Taxes $747.71 BPO & Property Inspections $453.00 Attorney's Fees and Costs $4,860.00 TOTAL AMOUNT DUE $159,647.31 Interest continues to accrue at the per diem rate of $38.83 every day after September 30, 2011 that the debt remains unpaid. 13. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, and any other lawful foreclosure cost and fees expended by the plaintiff. 14. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the sheriff sale, reasonable attorney's fees will be charged. 15. Pursuant to the notice provisions of Act 91, 35 P.S. 1680.403 (c) and the notice provisions of Act 6, 41 P.S. 403, as governed by 12 Pa code Section 31.201 et seq. as amended by Act 160 of 1998 effective February 19, 1999, neither Notice of Intention to Foreclose Mortgage nor Act 91 notice were sent to Defendant(s), Edna M. Bertolette and Jack E. Bertolette, because the subject property is not the borrower's residence and therefore such notices were not necessary. 16. Defendant(s) has failed to cure the default. 17. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph twelve (12) of this complaint $159,647.31, plus additional fees and costs expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance costs or repairs, and any and all other advances hereafter made by the Plaintiff, pursuant to the rights and privileges granted under the terms of the subject mortgage, appointing a rent receiver, issues and profits for the Mortgaged Property, and for foreclosure and sale of the Mortgaged Property, plus 6% legal rate of interest, from the date of Judgment to the time of sale. & MILLER, P.C. VERIFICATION The undersigned hereby states that he/she is an authorized officer, representative or agent for Plaintiff, Bayview Loan Servicing, LLC, in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, Bayview Loan Servicing, LLC, and that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff, Bayview Loan Servicing, LLC, in the ordinary course of business and that those facts are true and correct to the best of his/her knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. '4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: 01 g-)1 I I ?&D Name: Company: 0-j /-oft '5evd Title: AVP Loan Number: 200035363 Borrower(s): Edna M. Bertolette and Jack E. Bertolette Exhibit "A " ORIGINAL AJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) x3:x 1000466-0000516119-6 THIS NOTE CONTAINS PROVISIONS ALLOWINC FOR CHANCES W MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TEE MAXIMUM RATE I MUST PAY. June 20. 2005 [D-] Marlton 1603 CARLISLE ROAD TWP OF,LOWER ALLEN (CAMP HIL),PA 17011 1Pasperty Adarecrl [city] New Jersey Isu>ei 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 152,750.00 (this amount is called "Principal's, plus interest, to the order of the Gender. The Lender is Equity One. Inc.. dba Popular Financial Services 1 will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Now. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is tailed the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at it yearly rate of 9.5500 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I wall pay principal and interest by making a payment every month I will make my monthly payments on the first day of each month beginning on August 1, 2005 1 will make these payments ,every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each rnonft t will be applied as of its scheduled due date and will be applied to interest before principal. If, on July12035 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." Iwill make mymonthly payments at 301 Lippincott Drive. Marlton. NJ 08053 or at a different place if required by the Note Holder. (B) Amount of My Initial Moatitly Payments Each of my initial monthly payments will be in the amount of U.S. S 1.289.98 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changedymount of my monthly payment in accordance with Section 4 of this Note. 00516119 MULTISTATE ADJUSTASM RATE NOTE - LIBOR INDEX - Sinai. Fenny - Frrddi. Mac MODIFIED atSTRYSIENT Pao r of4 4MWc r Ja 060taa mnuoo pf,w= NOTE HILTi STATE) 6 0 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of July. 2007 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beguming with the fast Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank ottcred rates for six-month U.S. dollar-denaminated deposits in the London mtdtet ("LIBOR"), as published in 71Ye Wall Strad Journal The most recent index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Indcx is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder win give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and One / Half percentage points ( 6.5000 %) to the Current Index. The Note Holder will then round the result of this addition to the next highest one-eighth of one percentage point (0. 125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Clamge Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in frill on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment (D) Limits on Interest Rate Changes 'flit interest rate I am enquired to pay at the fast Change Date will not be &=tat than 12.5500 % or less than 9.5500 sue. Thereafter, my interest rate will never be increased or decreased on any single grange Date by more than one and one half percentage points (I M %) from the rate of interest I have been paying for the preceding six months. My interest Tate will never be greater than 15.5500 % or less than 9.5500 % over the life of the loan. (E) Effective Date of Changes My new interest rate will become effective on each Change Dare. I well pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to the a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is lmown as a "Prepayment." When I make a PrMaymtent, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may nuke a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note_ If I make a partial Prepayment; then will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the pwmittcd 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 me which exceeded permitted limits will be refunded to m1c. The Note Holder may choose to make this refund by reducing the Principal I owe miler this Note or by making a direct payment to me. If a refimd nducca Principal, the reduction will be treated as a partial Prepayment. 00516119 3390.tISN IB OS0043 071111100 Paso 2 of 4 Mae4: ( WkW? NOTE kUXn rTAM H^?/? 7. BORROWER'S FAILURE TO PAX AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder his not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay it late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment (B) Dehult If J do not pay the full amount of each monthly payment on the date it is due, I will be in defauk (C) Notice of Default If I am in default, the Note Holder may. send me a written notice telling are that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which bas not been paid and all the interest that I owe on that amount. That date must be at last 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in defauk at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has requited me to pay in full as described above, die Note Holder will have the tight to be paid back by ere for all of its costs and expenses in enforcing this Note to the eueut not prohibited by applicable law. Those expenses include, for mampk, reasonable attorneys'fees- S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or st a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by marling it by fast class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note. including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things- Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of as may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any otter person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts duo. "Notice of Dishonor' moans the riot to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to die Note Holder under this Note, a Mortgage, •Deed of Tkust or Security Deed (the "Security Inshmrmt"), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in frill of all amounts I owe under this Note. Some of those conditions are described as follows: 00516114 ts+tart,aa A 050004 (?&&"? w0TE Mean RrATTO Para 3 err 4 Farw? 3590 suss id4yl . s Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sohd 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 exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Loader reasonably determines that Lendees security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instnunent is acceptable to Lender. To the extent pemritted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Now and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is giver in accordance with Section 15 within which Borrower tins[ pay all sums sectored by this Security InstrmenL If Borrower fails to pay these sums prior to the cxpiradou of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WMU?J.1? 7'u 41'ut c? i(.t.(.LtnLQ z WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. e il/sn //? /C LJ? (Seal) (Seel) EDNA M. BERTOLETTE J K ERTOLETTE -B?- (Scal) (seal) -tt?er _ltarowcl (Seal) (Sean -nonowor .tierlowc (Sew) (seal) .Borrower _ge,?ler (Sipe original Only] 00516119 w414H PUM PW4.d4 ro?sWa sas raossoos Moo2r NM Lean sratq • 00516119 PREPAYMENT RIDER TQ NOTE This PREPAYMENT RIDER TO NOTE is made this 2 0 t h day of J u n e. z o 0 5 and Is incoporated into and amends, modifies and supplements the Note of the same date given by the undersigned (the 'Borrower')to Equity one. Inc.. dba Popular Financial Services (the "Lander") and any riders or modifications thereto ('Note'). In addition to the agreements made in the Note, Borrower and Lander further agrees as follows: 1. The section of the Note entitled 'Borrower's Rigk to Prepay", is hereby deleted in its entirety and replaced with the following language: S. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of principal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts than due and owing under this Note or under the Security Instrument and then to principal not yet due. A payment of principal only is known as a 'prepaymenr. A prepayment of all the unpaid principal is known as a "full prepaymenr. A prepayment of only part of the unpaid principal is known as a 'partial prepayment'. When I make a prepayment I will tell the Note Holder in writing that I am doing so, If I make a partial prepayment, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments unless the Note Holder agrees in writing to those changes. Partial prepayments shall be appied to the last scheduled installments In reverse chronological order, unless otherwise required by applicable law, starling with the final scheduled monthly installment. If the aggregate amount of principal prepaid in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this Note during the first ( T 110 ) 2 year(s) commencing from the date of tlus Note, then as consideration for the acceptance of such prepayment, and in addition to arty other sum payable hereunder, I agree to pay the Note Holder a prepayment charge equal to six (6) months interest on the amount of any prepayment exceeding (20%) of the original principal ban amount. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 2. Section 3 of the Note regarding application of payments is hereby amended by adding prepayment charges to the list of *other charges'. gar"t lam! (Seaq {Seaq ado,.. EDNA H. BERTOLETTE jJ J CK E. BERTOLETTE v (SCI} (sea0 MUFFS Pnrpay RldarARM JB/1T/30I02 EQUity Out a Fbpulur, Inc Company ALLONGE TO NOTE For purposes of further endorsement of the following described Vote, the allonge is affixed and becomes a permanent part of said vote. Note Date: June 20, 2005 Loan Amount: $152,750.00 Borrower(s): Edna M. Bertolettc Jack E. Bertolette Property Address: 1603 Carlisle Road Twp. of Lower Allen (Camp Hil), PA 17011 This Allonge is being made part of th,- above described Note, for the purpose of correcting the endorsement of said Note to read as follows: WITHOur RFCOURSF PAY "TO THE ORDER OF: Equity One, inc., DBA Popular Financial Scrvices 301 Lippincott Drive 4 ,Marlton, NJ 08053 Phone: 856 • 396 • 2600 d• f:x: 856 0 396 • 2744 Exhibit "B" ?D T-752 P0005/0009 F-556 Prepamd $y; Audrey Miller 301 Lippincott Drive Marlton, NJ 08053 r.Pi'S=ATP.?re--L#4 2DDS JUN 22 Ali 1112 -e .2: ReA tua Equit e, Inc., dba AMERICAN HOME TITLE AGENOY Po ul Financial Service$ STOW ROAD sTE.0 30 incott Drive, Marl 08053 MARLTON,MJ08053 n. J Parcel Number: (bbaca Met 7bb Use Tar AatarQhtE Dual MORTGAGE b1 MEN 1000466-0000516119-6 s?iN1''tONS Words need in multiple sections of thin document aura defined below and other words arc ddbed in $allow 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are ilea provided in Seotion 16, (A) "Seeutity lastaubtaatu wean (bid documenr, which is dated June 20, 2005' togeher with all Riders to this document. (B) "Borrower" is EDNA M. BERTOLETTE and JACK E. BERTOLETTE Borrower is the morilpsor under this Security hwwArtent. (C) "MMS" is Mortgage Moctmnic RegimWion Systems, Inc. MBRS is a aepsrste oorporsdon that is &OW solely as a nominee for Lender and tedder's successors and assigns, bWU Ia the mowMae under Ws Sam* ltastinatient. MM is orgoind and "b6og under die laws of Dcbwaos, send has an address and telephone number of P.O. Box 2026, glint MI 41501-2026, tel. (US) 679.MBRS, 00516119 PFNMeYLVANIA - Singla Family - Fannk Mat/Ftaddle Mad UNIFORM R46TRUMEMY WITH MERE FerM 30211 1/01 ftaA1PAlRA" r.w,d?e rnvara Mao. 1IMr MMaeOe 9ow,iora,,ro. (a001ar1.7281 j0- OKI 911 PG3569 T-752 P0006/0009 F-556 (n)"tender"is Equity One, Inc. dba Popular Financial Services LBader is a Corporation organised and exisdnl w dw the laws of Pennsylvania Lender'saddremis 301 Lippincott Drive, Marlton, NJ 08053 (k7 "Note" owes the promissory unto signed by Borrower and dated June 20, 2005 The NOW states that Rormwer owes Lender One Hundred Fifty Two Thousand Seven Hundred Fifty and no/100 ?p„? (ll.s.1152,750, 00 ) Plus iataM, Borf0lYef has pr011111 d to pay this debt in regular Periodic Payments and to pay the debt in tun not later than July 1, 2035 (F) "PMP-t.y" means the property that is described below under the heading 1T=sfar of Rights in the Pt,o1I,." (G) "Loan" moans the debt evidenced by the Note. Phis interest, soy prepayment charges and late charges des under the Note, and all some doe under this Security Instrument, plus inleroat. (H) "Riches" enema all Riders to this Security Motme,o( that are executed by Borrower. The following Riders are to be executed by Bormwtr [check box as appiiosblep ® Adjustable Kato Rider Lam.. Condominium Rider F-1 Second Home Rider Fl Baboon Rider Planned Unit Dovelopmeat Rider M 1-4 family Rider ? VA Rider Biwocldy Payment Rider L X J Other(s) (epaeify) M/U ASSIGNMENT OF RENTS M "Appllcab?a LAWK mesas all controlling applicable federal, elate and local statutes, regulations, ordinaacos and admWsrrstivs rules and orders (that have the offocl of law) at well as all apptcable Baal, non- judicial opinions. (A " ommntsi(Y Amoclatim Due", Few, and Assem mis" means ail duce, fees, asamments and other charges that are Imposed on Borrower or the Ptnptuy by a condominium risen stion, borneowners asaoo(ation or similat organization. Q0 "Motroxia FWda Znuatfee' moans any Wanafct of funds, other than a transaction Orisim"d by check, draft, or similar paper imtrument, which is initiated through an olecamic (ermixud Idephonic inatruaaeot, ooptputer. or magactlo tape so as to order. instruct, or authorize a financial im tauon to debit or credit an nnouae. Such term iacludes, but is not United to, pointoP-ede traaskm, automated tdlor maohitw transecttons, trsvsfors inidarod by telephone, wire transfers. sad autommrxi eloxftsbouse trandeta. Qd "9krow Items$ tnenos Wosc itv= that are dtactibed in Section i (M) %§Ke laneerw Ptoota W means any eon+pM910n, mttietneat, award of damages, or Toodedi paid by any third party (other than insurance prooeods paid under ft coverages described in Section 5) for: 0) damage to, or destruction of, the Property; (b) condemnation of other taking of all or any part of the Property; (iii) oonveyaooo in lieu of condemnation; or (iY) t>r"tescotadom of, or omimiontr as to, the value and/or condition of the Pmpeny, U 6M6ft? italattrnnoe" mesas ipanrnpoe protecting Lender against the ncapaymcnt of, or default on, (0) "1°eriodle P%Ywt ale moans the regdlarty sohaduled arnoym due for (i) Principal and intent under the Note, plus (ii) any =cuts ander Section 3 of this security lnstmrnant, 00516119 44-SAIPAI lOW7i Fenn Sage 1101 OK 191 1 Pu3574 (P) "RFSPA" mcaus the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing re ulatioo, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any addonal or successor legislation or regulation that governs the same subject n>kter. As used t in this Security Instrument. "RESPA' refers to all requirernents and remictions dim are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (ty "Successor in Interest of Borrower" means any putt' that has talum title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instnnnent secures to Lender: (t) the repayment of the Loan, and all renewals, extensions and modifications of We Note: and (1r) the performance of Bomwer'a Covenants and agreements under this Security Instrument and the Nose. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lcnde='s successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY MW of Rotadeq JutiWkdon] of CUMBERLAND [Tla= of Recording rur6dk Aoml: SEE ATTACHED LEGAL DESCRIPTION which currently bas the address of 1603 CARLISLE ROAD TWP OF (Smut] LOWER ALLEN (CAMP HIL) [ail, Peunsylvsnia 17011 IVPCna?] ("Property Address'): I TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replaconeuts and additions shall also be covered by this Security Instrument. All of the foregoing is reftrrsd to in this Security Insttwncut as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Bormwer in this Security Instrument, bat, if necessary to comply with law or custom, MERS iromiuce for Lcodcr and Leader's successors and assigns) has the right: to exercise any or all of those interests, ineluding, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 00516119 -BAIPAJ moon - r a" S d Is Form 3039 1101 BORROWER COVENANTS that Borrower is Iawfnlly 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 . tnau ibtan= of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TFW SECURITY INSTRUMENT combines uniform covenants for national use and own-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepaymes t Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges dux under the Note. Borrower shall also pay fends for Escrow Item pursuant to Section 3. Payments due under the Note and this Security Instrument shall be aside in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Inurement its returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made is one or more of the following foram, as selected by Lander. (a) cash: (b) money order: (c) certified check, bank check, treasurer's check or cashier's check, provided any such chock is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lander may retina any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may ateept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse Stich payment or partial payments in the future, but Lender is not obligated to apply such paymcats at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Leader may hold such unapplied. finds until Borrtiwer makes payment to bring the Loan current. If Borrower does not do so within a reasomb1c: period of time, Lender shall either apply such funds or return them to Borrower. V not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lander shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements sacred by this Security Instrument. 2. Application of Payments or Peoceedr. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note (b) principal due under the Note, (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it beame due. Any remaining amounts shall be applied first to late charges, second to any other arttoums due under this Security Instrument, and then to reduce the principal balance of the Note. if Icadex receives a payment from Borrower for a delinquent Periodic_ Payment which includes a sufficient atoount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. H more than one Periodic Payment is outstanding, Lander may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 00516119 40-GAIPAI 04MI P.o. a m to Form 3039 IM • can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments. such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepaymau charges and then as described in the Note. . Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. FUmds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, uotil the Note is paid in full, a sum (the "FuW) to provide for payment of amounts due for. (a) taxes and asseasmexr1 and other items which can attain priority over this Security Instrument as a lien or mannbrance on the Property; (b) leasehold payments or ground rents on the Property, N any; (c) premiums ror any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to L,euder in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escr'ow Items." At origination or at any time during the term of the Loan,.Leader may require that Community Association Dues, Fens, and Assn ssraeuts, if any, be cacrowed by Borrower, and such dues, fees and asazssmarts shall be an Escrow Ilan. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Laufer Funds for any or all Fscmw Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower al It pay directly, when and where payable, the amounts due for any Escrow Items for which paytncu of Funds has been waived by Lender and, if Lender requites. 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-shatl 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 duce for an Escrow Item, Leader may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revolve the waiver as to any or all Escmw Items at any time by a notice given in accordance with Section 15 and. upon such revocation, Borrower shall pay to Leader all Funds, and in such amounts, that arc then required under this Section 3. Lender may, at any time, collect and hold Funds in an srnoutu (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RE.SPA. Lender shall estimate the amount of Funds due an-the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution wbose deposits are insured by a federal agency. instrumentality, or entity (including Lender, if Irndor is an institution whose deposits are so insured) or in any Federal Rome Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA_ Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless IzWcr pays Borrower interest on the Funds and Applicable Law permits lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Deader shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however. that interest 00516119 ® sA(PA110007) v.a. s m 15 Form 3039 1101 • 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 dermed-under RESPA. Leader shall account to Borrower for the excess fronds in accordance with RESPA. If there is a shortage of Faads hold in escrow, as defined under RESPA, Lauder 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 tinder RESPA, Lander shall notify Borrower as legnire . by RESPA, and Borrower shall pay to Leander the amount necessary to make up the deficiency in accordance with RESPA, but in no mom than t2 nnnthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by tender. 4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, frocs, and impositions attributable to the Property which can attain purity over this Security Instrument, leasehold payments or ground rents 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 shall promptly discharge any lien which has priority over this Security Instrument unless Borrower; (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Leader's opinion operate to prevent the enforcement of the lien while than proceodiags arc pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Linder subordinating the lien to this Security Instrument. If Lender determines that any parr of the Property is subject to a lien which can attain priority over this Security Instrument, L«tda 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 out-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this loan. ' S. Property lnsnraaee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Ions by fire, b=rdg included within the tarn "extended coverage." and any other hazards including, but not limited to, euthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tern of the Loan. The insurance carrier providing the ins Trance shall be chosen by Borrower subject io Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a ono lino charge for flood zone detemuination, ratification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time ren ings or similar changes occur which reasonably aright affect such determination or certification. Borrower shall also be responsible for the payment of soy fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination malting from an objection by Borrower. 00516119 db-SAWA) 04071 P.a• s w is Form 3039 1101 If Borrower fails to maintain any of the coverages described above. Leader may obtain insurance coverage, at Lender's option and Borrower's expen . 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, haratd or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage ro obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender tender this Section 5 shall become additional debt of Borrower awed by this Security Instrument. Thew amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by L ender 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 seed renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid-premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the property, such policy shall include a standard mortgage clause and shall name Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the hunuamce carrier and Lender. Lender may take proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, lender shall have the right to hold such insurance proceeds until Leader has had an opportunity to inspect such property to ensure the worst has been completed to Lendees satiafaraion, provided that such inspection shall be undertaken promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in it series of progress payments as the work is compiled. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other. third parties, retained by Borrower shall not be paid out of the inmrmcc proceeds and shall be the sale obligation of Borrower. If the restoration or repair is not economically feasible or Leader's security would be lessened, die ens urAnce proceeds shall be applied to the sump secured by this Security Instrument, wbcd= or not then dote, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided fox in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurmace claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insttramce cu= has offered to settle a claim. then Under nay negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if larder acquires the property under Section 22 or otherwise, Borrower hereby assigm to Leader (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under tbe Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all iamrenez 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 Insttnmeut, whether or not then thee. 00516119 ®fiA)PA) peon cos. 7.f is Form 3039 1101 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Reservation, 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 Conditionn. Unless it is determined pursuazt to Section 5 [hat repair or restoration is not ccono[oicaily feasible, Borrower shall promptly repair the Property if damaged in avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspections of-tle Property. If it has reasonable cause, lender may input the interior of the improvements on the Property. Lender shall give Borrower notice a[ the f me of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loco Application. Borrower shall be in default if, during the Loan application prows, 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 na ments to Lender (or failed in provide ]ender with material infonuation) in cDmmfion with the loan. Material representations Include, but are not limited to, rcprrscntations concerning Borrowers occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Serenity Lastrtm eat. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, far condemnation or forfeiture, for enforcement of a lieu which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Leader's interest in the Property and rights under this Security Insrumeot, including protecting and/or assessing the value of the Property. and securing and/or repairing the Property. Lender's actions can include, but am tat limited to: (a) paying arty sums secured by a ['ten which has priority over this Security Instrument; (b) appearing in caul; and (c) paying reasonable attorneys' fen to protect its interest in the Property and/or tights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to )bake repairs, change locks, replace or board up doors and windows, drain water from pipes, diminafe building or other code violations or dangerous conditions, and have utilities funned 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 leader incurs no liability for not taking any or all actions authorized under this Sectkoo 9. 00516119. For,n 3M 1101 ®-LAMA) eoaosn r.ye s of is • XT Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These: amounts shall bear inlereat at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader 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 Imurance If Lender requited Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurnce coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premium mpired to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer scl ctod by Lender. If substantially equivalent' Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the hseuance coverage ceased to be in effect. Lender will accept, ass: and retain these payments as a non-refundable less reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in fill, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader 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 Leader required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premium for Mortgage insurance, Borrower stall pay the premium required to maintain Mortgage Insurance in effect, or to provide a .non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wnuen agreanatt between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrowcs obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur 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 in force firm time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. Thy 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 funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Leader, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized 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 Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreenamts will not Increase the amount Borrower will owe for Mortgage Ins rance, and they will rent entitle Borrower to any refund. 00516119 ak-6ASPAI04077 Pop 9.116 Form 3038 1101 . y n r (b) Any such agreements will not affect the rights Borrower ]tan - if any - with respect to the Mortgage huxtrance under the Someowntxs Protection Act of 1996 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage insurance praniuttrs diet 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 tender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is eeoUy feasible and lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to lender's satisfaction, provided that such inspection ihall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requites interest to be paid on such Miscellaneous Proceeds, Leader 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 I caller's security would be lessened, 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. 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 stall 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 fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Severity Instrument Lmmuedintely before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Misoellsocous 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 marker value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the evens of a partial taking, destruction. or Ices in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the stuns secured immediately before the partial taking, destruction, or loss in value, unless Borrower and lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Severity Instrument whether or not the sums are then date. If the Property is abaadaned by Bonvwcr, or if, after notice by Lender to Borrower that the Oppming Party (as defined in the next seaftee) offers to slake an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the due the notice is giver,, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the PAw tacured by this Security Imuti ment, whether or not then due. 'Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a fight 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 Lemder's judgment, could result in forfeiture of the Property or other material impaitmrnt of Lender's interest in the Property or rights under this Security Insrument. 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 00516119 db-tA1PA1 awn woe rod is rum 3039 1MI 1 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights tinder this Secuuity Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the property are hereby assigned and shall be paid to Lender. An Miscellaneous proceeds that are Dot applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance NY Larder Not a Wiliver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by leader to Borrower or any Successor in Interest of Borrower shall trot opc= to release the liability of Borrower or any Successors in Intend of Borrower. Lender shalt not be required to commence proceedings against ' any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 1.3. Joint and Several Liability; Co-sisnerv; Suitoessers and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability "I be joint and several. However, any Borrower who co-signs this Security IDatnmmnt but does not execute the Note (a "co-signer")- (a) is co-signing this Security Insztt®eDt only to mortgage, gran and convey the co-signer's interest in the property tinder the terms of this Security Instrument; (b) is not personally obligated to pay the suns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower call agree to extend, modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader, 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 assigns of Lender. 14. Loan Charges. Lender may charge Borrower foes for services performed to connection with Borrower's default, for the purpose of protecting Lender's -interest in the property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other foes, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall of be construed as a prohibition on the charging of such fee. Lender may not charge fees that am expressly prohibited by this Security Instcttmeat 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 ben charges collected or to be collected in connection with the Loan exceed the permitted limits, rhea: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permtitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refrmd by reducing the principal owed under the Note or by making a direct payment to Borrowner. If a refund reduces principal, the reduction will be tinted as a partial prepayment without any lmparment 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 wising out of such overcharge. 1S. Notlem All notices given by Borrower or Lender in amnecdon with this Security Instroment must be in writing. Any notice to Borrower in connection with this Stenaaity lnstnmtent shall be deemed to 00515114 tk-BAIPAlm4wl v.o.>>dere rat 3039 Val Newsom" have been given to Borrower when mailed by first doss 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 unless 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 Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. Them may be only one designated Douce address wader this Security Instrument at any one time. Any notice to Leader shall be given by delivering it or by mailing it by first class mail to Leader's address stated herein unless Lender has designated mother address by notice to Borrower. Any notice in connection with this Security Instrument shall cot be deemed to have been given w Lender until actually received by Lender. If any notice required by this Security Instrument, is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sevesability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All tights and obligations contained is this Security Instrument are subject to any regwuanents and limitation of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Inst rumcot or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the fen imme gender, (b) words In the singular shall mean and include the plural and vice versa; and (e) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note aid of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 1acrest in the Property" item any legal or beneficial interest in the Property, in eluding, 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 mitu al person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lander may require immediate payment in full of all suns: secured by this Security Iwsltvmem. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable, Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the dame the entice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security hrstmment without further notice or demand on Borrower- 19. Burrowees Right to Reinstate After Acceleration. If Borrower moots certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any tiuu prior to the earliest of. (a) five days before sale of the Property pummd to any power of sale contained in this Security Instrurneat; (b) such other period as Applicable law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. 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 00516119 -afl(PAI awn r+s. pza is Form 3039 1101 r agrcemerrrs; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees. property insPtxtion and valuation foes, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security bisttumom, and Borrower's obligation to pay the sums secured by this Security Instrument, ball continue unchanged. Lender may require that Borrower pay such reinstatement sutras and expenses in one or more of the following forms, as seeded by Lender; (a) cub; (b) money order; (c) certified cbeck, bands check, treasurer's check or cashier's diack, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations warted 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 of Loan Service; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) an be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "LA= Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument. and Applicable Law. There also night be one or more changes of the Loan Servi er unrelated to a sale of the Note. If them is a change of the Loan Servicer, Borrower will be given written notice of the clrattgo which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Sexvieer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servrcer 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 commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that anises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Linder has notified the other patty (with such notice given in compliance with the requirements of Section M of such allt god breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be defined 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 cortective action provisions of this Section 20. 21. Hazardous Substances. As used in Otis Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants. or wastes by Envimn nental Law and the following substances! gasoline, kerosene, other flammable or tonic petroleum products, toxic pesticides and brAkides, volatile solvents, materials containhig asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial anion, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envirmmneatal Cleanup. oasibzz9 l1 t-(PA) p4o71 Pp 13 of is Form 3039 1101 Borrower shall not cam or penult she presence, use, disposal. storage, or release of aay Hazardous Substa:ca. of threaten to release any Hazw* ua Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything of ccft the Property (a) that is in violation of any Environmental sisim which creates as Envimaaseatal Condition, or (c) whirl[, due to the pr esence. use, or release of a s Substance, exrxtes a co»ditioa that adversely affects the value of the Property- The preceding oces shall not apply to the prrsexsce, use, or storage on the o small quatnities of s Substances [bat are geoenilyy recognized to be apptopciate to residential uses and to oonsumer products). ce of the Property (including. but sot limited to, lrazardomtt subaunw in claim, demand. lawsuit rower shall Promptly give Lender written rnotice of (a) any iavesti?ation, anion by any govermrental or regulatory agency or pnvale party mvoivin& the Propert y and airy s Sulnstance or Fatvironmeatal Law of whuclr Borrower has actual koowl ge, (b) any ental Condition, including but riot limited to. anYV sP lag, leaking, discharge, release or throat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any ffowdous Substance affecting the Property is necessary, Borrower shall promptly tape 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 Lender further covenant and agree as follows: 22. Acceleration; Re medial Leader shall give nonce to Borrower pr'w? to acceleration following Borrower's breach of any covenant or agreement in this Security Ins cut (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among outer things: (a) the default; (b) the action required to rum the default-, (c) when the defauk must be cured; and (d) that [adore to cure the default as aJueclfled may result in acceleration of the saw secured b this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall Inform Borrower of the right to reinstate site- acceleration and the right to assert in the foreclosure proceeding the non-existe a of a default or any other defense of Borrower to acceleration and foreclosme. If the default is not cued as specified, Lender at its option may require immedlate payment in full of all sums secured by this Security hofiv sent without further demand and tray foreclose this Security Instrument by Judicial proceeding. Lender sball he entitled to polled all expenses incurred In the remedies provided in this Sedion 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitter) by Applicable Low. 23. Release. Upon payment of all sums secured by this Security Instrument. this Secuity lashmnent and the estate conveyed shall terminate and become void. Auer such ocrurrenee, lender shalt discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security insmor ent, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waives. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Seamy Insumment, and hereby waives the benefit of any present or future laws providing for slay of execution, extension of time, exertpdon fiorn attachment, levy and sale, and homestead exenptiom 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the cornmeocament of. bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire chic to the Property, this Security Instrument-shall be a purchase money mortgage. 27. Interest Rate After Judgment. 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. 00516119 _ db-BAIPAI 0071 na 14. 1.16 / form 3039 tlol ` P BY SIGMNG BELOW, Borrower accepts and abtces to the terms and covenants contained in this Security hrstrun= t and in any Rider executed by Borrower and recorded with it. Witnesses: - EDNA M. BERTOLETTE -Borrower (seal) JA E. B TOLETTE Bar>ovver 00516119 ®-BAtPAt awn Pw I s m to from 3039 1101 _ (scat) -Borrower _ (sml) -Borrower _ (seal) -Borrower (seat) -Bor-wer _ (seal) -Borrower _ (Scat) -Bumlwer r • • COMiMONVffALTH OF PE?MnVANIA, County sr. on this, the 20th day of June, 2005 before me, the undersigned officer, personalty appeared EDNA M. BERTOLEfTE and JACK E _ BERTOLETTE known to me (or sadsfacltnily proven) to be the person(s) whose nwne(s) Ware subsml)ed to the within instntmeit and ackaowledged that hele6dthey executed the same for the proposes herein contained. IN WITNESS WHEREOF, I hereunto set city baud and official seal. My Commission Expires: ?C'-C`mMCNWEALTH OF PENNSYLVANIA 'INISenl Vakrla S. Stacta*K Notary PwC Hampden Tom,., C-barleW C«m ? c?aan ? Nov sc 2aog M mbw, Penasylvaola Association OI Notaries Certificate of Residence 1, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 4L%1-2026. Witness my hand this 20th day-of June.2005 00516119 a-6A(PA) gwrl -mit/ttv'o 4 -a-Cl4irr c e,n -4ta. 4 Title of Orb= _ Agent of Mortgagee P.a. is of 15 Form 3039 Vol T-752 P0009/0009 F-556 * * OLD nPUBLIC NATIONAL TITLE INSURANCE COMPANY File No. AHT-10824 SC14l ULE C ALL that certain lot, piece of parcel of land, with the buildings and improvements thereon erectod, situate, lying and being in Lower Allen Township, in the County of Cumberland , State of PA, bounded and described as follows: BEGINNING at an iron pin on the southern right-of-way of Carlisle Road on the, line of adjoiner between Lots Nos. 1 & 2; thence along Lot No. 2 South 04 degrees 55 minutes 00 seconds East 70.00 feet to an iron pin; thence continuing along the same South 85 degrees 05 minutes 00 seconds West 10 feet to an iron pin; thence continuing along the same, South 04 degrees 55 minutes 00 seconds East 130.00 fed to an iron pin at the lauds now or formerly of William Hampton; thenoe along said lands South 85 degrees 05 minutes 00 seconds Wit 85.00 feet to an iron pin at lands now or formerly of Miriam D. Souders; thence along said lands and Lots Nos. 13 and 32 on Plan of Highland Village recorded in Plan Book 3, Page 98, North 04 degrees 55 minutes 00 seconds West 200.00 feet to an iron pin on the Southern right-of way line of Carlisle Road; thence along said right-of-way line North 85 degrees 05 minutes 00 seconds East 95.00 feet to an iron pin, the point and place of BEGINNING. CONTAINING 17,700 Square feet. BEING known as Lot No. 1 on the Prelim6uwy Final Subdivision Plan for Jack E. Bertolettc dated June 13, 1989 and Recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 143. FOR MORMAT'ION PURPOSES ONLY_ BEING Known as Parcel Nos. 13-23.0547-503 on the Official Tax Map of Lower Allen Township . Conuuonly known, as 1603 Carlisle Road- BK191 1PG3585 ? r 1 0 0 ADJUSTABLE RATE RIDER - . (LIBOR Index -'Rate Caps) 1lmIN 1000466-0000516119-6 THIS AwrisTABLE RATE RIDER is made this 20th day ofJune, 2005 and is incorporated into end Shan he deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") of the same date given by the unda migned (tire "Borrower' to secure Borrower's Note to Equity One. Inc., dba Popular Financial Services (the "Lender"} of the same date and covering the properly descn'bed in the Secllity Instrument and located at_ 1603 CARLISLE ROAD 1WP OF,LOWER ALLEN (CAMP HIL);PA 17011. Chapay Ad&=] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXMAUM RATE THE BORROWER MUST PAY. ADDMONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Linder fiuther covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANCES The Note pmvkks for an initial interest rate of 9.5500 The Note provides for changes in the interest rate and the monthly payments, as follows, 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of July, 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date, " 00516119 ?r MULTISTATE An.NSTABLE RATE RIDER • UWM BIDE)( - Srnos Family • F eddla Mao ModMad 1m;Ww M , Paw 1 of A Mwa:yos Ima a]2r U90R ARM RMM 319241SR . JB 05011011 QW2,1 o I k • (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The 'Tndex" is the average of interbank offered rates for sac-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wait Sbva Journal. Thu most recent Index figare available as of the fast business day of the month immediately preceding the month in which the Change Date occurs is called the "Curran Index," If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and One / Half percentage points ( 6.5000 to the Current Index. The Nola Holder will then mtmd the result of thus addition to the next highest one-eighth of one percentage point (0. 125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment- (D) Urults on Interest Rate Changes 12.5500 The interest rate I am required to pay at the fast Change Date will not be grater than % or less than 9.5500 W 'lbewstiar, my iract rate will never be increased or decreased on any single Change Date by more than one and one half percentage points (1.500 %) from the rate of interest 1 have been paying for the preceding six months. My interest rate will never be greater than 15.5500 % or less than 9.5500 % over the life of the loan. (E) Effective Date of Changes My new interest rate will become effective on each Change payment beginning on the frost monthly payment dale after th payment changes again. 00516119 a= s= Ueda uw RO" 3192-SISR JB OJeear nUMM Papa Z ar ,4 Date. I will pay the amount of my new monthly e Change Date until the amount of my monthly I*P ",aa` . (I) Notke of Changes The Note Holder wig deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice wig include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or tranafkrmd (or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may, at its option, require immediate payment in fug of all sums secured by this Security Instrument However, this option shoU not be exercised by Leader if exercise is prohibited by Applkshic Law. Lender also shall not exercise this optima if (a) Borrower causes to be submitted to Lender information required by Leader to evaluate the intended transferee as if a new loan were being made to the transferee, and (b) Lander reasonably, determines that Lenders security will not be impaired by the loan assumption and that the risk of a breach of any covenant Or agreement in this Security Instrument is acceptable to Lender- To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Leader may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument Borrower will continue to be obligated under the Note and this Security Instrument unless Lender reeasm Borrower in writing. If Lender exercises the option to require immediate payment in full, Leader shall give Borrower notice of acceleration The notice shall provide a period of not Ins than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security huttument. If Borrower fails to pay these sums prior to the expiration ofthis period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 00536119 P"s 3 014 pnaaaaru?onerwaioEnt sttastsa in saaaaa srntros V -? ?i BY SIGMNG BELOW, Borrower accepts and agrees to the terms and covconnts contained in this Adjustable Rate Rider. 1.,?r_/ ;?? ?=1 (Seal) (Seal) EDNA M. BERTOLETTE -80r°w`r JACK ERTOLETfE -B°`r°w`r (Scel) (Seal) ?,,,? -Baruwa _ (S-4 43am vcr (Seal) (Sal) (Seal) :60m wcr -Bortowu 00516119 Pape a or, CM & 3Q7 ueoR MIA ROM ]19281 SR JB 060009 07i2low Assignment of Rents Rider MIN 1000466-0000516119-6 THIS RIDER is made this 2 0 t h day of June 20 05 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Sectuity Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower"), to secure Borrower's Note to Equity One. Inc.. dba Popular Financial Services (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1603 CARLISLE ROAD TWP OF LOWER ALLEN (CAMP HIL),PA 17011 [Property Address] COVENANTS: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender- further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent (hey are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, stone doors, screens, blinds, shades, curtains and curtain rods; attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a Icaschold) arc referred to in this Rider and the Security Instrument as the "Property. " Page 1 of 4 Idtlals 00516119 MU AnVowd of Rents Rider J50-9005Y 01412-01 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. D. "BORROWER'S RIGHT TO REINSTA'T'E" DELETED. Section 19 is deleted. E. BORROWERS OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. F. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lenders sole discretion. As used in this paragraph F, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. G. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER, LLINDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents') of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender OF Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower. (Q all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lendet only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Page 2 of 4 Initials ZrZ, r 00516119 MU As IS cramsRidw is awl 9442-0+ Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lendees written demand to the tent ; (iv) unless applicable law provides otherwise, ail Rents collected by Lender or Lender's agents shall be applied fast to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sutras secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sorts secured by (lie Security Instrument are paid in full. H. CROSS-DEFAULT PROVISION. Botrower's default or breach under any note or agre6nrent in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. 00516119 Page 3 of 4. Initials bnr w.,pn.m? dam. atria . is 030Q59 QI.Q1A1 It 0 BY SIGNING BELOW, Borrower accepts and agrees to the tens and provisions contained in this hider. • l ( e- ? t?CJV (Seal) a«wwer EONA M. BERTOIETTE (Seal) (Scat) Bonawer Bonaver (Seal) ' (Seal) Borrower Borcower (Seal) --(Seal) Borrower borrower page 4 of 4 initials _ 00516119 rntr,u.? or tee. e? ra owoso a.oa?i t Exhibit "C" T-752 P0009/0009 F-556 ` Z. . * ( * OLD UBLIC NATIONAL TITLE INSURANCE COMPANY x t* * File No. AFTC-10824 SCHEDMIE C ALL that certain lot, piece or parcel of land, with the buildings and itnproveanents thc= avtod, situate, lying and being in Lower Allen Township, in the County of Cumberland , Stata of M bounded and described as follows, BEGINNING at an iron pin on the southern right-of-way of Carlisle Road on the line of Aoiner between Lots Nos. 1 & 2; thwee along Lot No. 2 South 04 degrees 55 minutes 00 seconds East 70.00 feet to an iron pin; thence coztWuing along the same South 85 degrees 05 minutes 00 seconds West 10 feet to an iron pk thence continuing along the same, South 04 degrees 55 minutes 00 seconds But 130.00 fed to an iron pin at the lands now or formerly of William HarVton; them along said lands South 85 degrees 05 minutes 00 sdcouds Wost 85.00 feet to an iron pin at lands now or formerly of Miriam D. Souders; thence along said lands and Lots Nos. 13 and 32 on Plan of Mghland Village recorded in Plan Book 3, Page 98, North 04 degrees 55 minutes 00 seconds West 200.00 feet to an iron pin on the Southern right-of way line of Carlisle Road; thence along said right-of--way line North 85 degrees 05 minutes 00 seconds East 95.00 foot to an iron pin, the point and place of BEGINNING. CONTAINING 17,700 Square feet, BEING known as Lot No. 1 on the Preliminary Final Subdivision Plan for Jack B. Bwolette dated rune 13, 1,989 and Ikeeorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 58, Page 143. FOR INFORMATION PURPOSES ONLY: BN NG Known as Parcel Nos. 13-23-0547-503 on the OffloW Tax Map of Lower Allen Township . Commonly known as 1603 Carliele Road 9IB191 1PG3585 , 4 r Exhibit "D" y '" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1692 AS AMENDED 1. The law firm maybe deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter, or Complaint 3. The Plaintiff named in the attached letter or complaint is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter or complaint will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter or complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY (30) DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FORYOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should addressed to Law Offices of Mattleman, Weinroth & Miller, 401 Route 70 East, Suite 100, Cherry Hill, NJ 08034, Attn: Foreclosure Department. 9. This is attempt to-collect a debt, and any information obtained will be used for that purpose. MATTLEMAN, WEINROTH & MILLER BY: MARTINS. WEISBERG, ESQUIRE 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 File No: 902-81054 BAYVIEW LOAN SERVICING LLC 4425 PONCE DE LEON BLVD. CORAL GABLES, FL 33146 PLAINTIFF vs. EDNA M. BERTOLETTE; JACK E, BERTOLETTE 1603 CARLISLE ROAD LOWER ALLEN (CAMP HILL), PA 17011-7506 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION C) CUMBERLAND COUNTY = X --I T) rnw cnr mom, ?> r%3 Cn ? q DOCKET#: 11-7812 CI S' ??C-, per " o ? - o c PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE FORECLOSURE ACTION TO THE PROTHONOTARY: Kindly settle, discontinue and end without prejudice the above-referenced foreclosure action. MATTLEMAN, WEINROTH & MILLER Dated: BY: MARTIN S. WFfSBERG, ESQ IRE Attorney for Plaintiff